Contents
5.1 Objective
5.2 Scope of Application
5.3 Attributions
5.4 Establishment and Structuring
5.5 Electoral Process
5.6 Operation
5.7 Training
5.8 CIPA of Contracted Service Organizations
5.9 Final Provisions
Annex I - CIPA of the Construction Industry
5.1 Objective
5.1.1 This Regulatory Standard (NR) establishes the parameters and requirements of the Internal Commission for Accident and Harassment Prevention (CIPA), aiming to prevent work-related accidents and illnesses, so as to permanently reconcile work activities with the preservation of life and the promotion of workers' health.
5.2 Scope of Application
5.2.1 Private organizations, direct and indirect public administration bodies, as well as bodies of the Legislative, Judiciary and Public Prosecutor's Office that have employees governed by the Consolidation of Labor Laws (CLT), shall establish and maintain the CIPA.
5.2.2 The provisions of this NR shall apply to other legal labor relations as stipulated by law.
5.3 Attributions
5.3.1 The attributions of CIPA are:
a) monitor the process of hazard identification and risk assessment, as well as the adoption of preventive measures implemented by the organization;
b) record workers' perception of risks, in accordance with subitem 1.5.3.3 of NR-01, through risk mapping or other appropriate techniques or tools of its choice, without order of preference, with the advisory support of the Specialized Service in Occupational Safety and Medicine (SESMT), where available;
c) inspect work environments and working conditions to identify situations that may pose risks to workers' safety and health;
d) prepare and monitor work plans enabling preventive actions in occupational safety and health;
e) participate in the development and implementation of programs related to occupational safety and health;
f) monitor the analysis of work-related accidents and illnesses in accordance with NR-1, and propose measures to solve identified problems when applicable;
g) request from the organization information on matters related to workers' safety and health, including Work Accident Communications (CAT) issued by the organization, while preserving medical confidentiality and personal information;
h) propose to the SESMT, where available, or to the organization, the analysis of working conditions or situations deemed to present serious and imminent risk to workers' safety and health, and if applicable, the interruption of activities until corrective and control measures are adopted;
i) promote annually, jointly with the SESMT where available, the Internal Week for the Prevention of Work Accidents (SIPAT), in accordance with the schedule defined by CIPA;
j) include topics related to the prevention and combating of sexual harassment and other forms of workplace violence in its activities and practices.
5.3.2 The organization shall:
a) provide CIPA members with the necessary means to perform their attributions, ensuring sufficient time to carry out the tasks set forth in the work plan;
b) allow workers to collaborate in the actions of CIPA;
c) provide CIPA with information related to its attributions when requested.
5.3.3 It is the duty of workers to report risk situations to CIPA, SESMT and the organization, and submit suggestions for the improvement of working conditions.
5.3.4 It is the responsibility of the President of CIPA:
a) to convene members for meetings;
b) To coordinate the meetings and forward the committee's decisions to the organization and the SESMT, when applicable.
5.3.5 The Vice-President shall replace the President in case of eventual impediments or temporary absences.
5.3.6 The President and Vice-President of CIPA shall jointly have the following attributions:
a) To coordinate and supervise the activities of CIPA, ensuring that the proposed objectives are achieved;
b) To disseminate the decisions of CIPA to all workers of the establishment.
5.4 Constitution and Structure
5.4.1 The CIPA shall be constituted per establishment and composed of representatives from the organization and employees, in accordance with the staffing set forth in Table I of this NR, except for the provisions for specific economic sectors.
5.4.2 The CIPA of organizations operating on a seasonal basis shall be sized based on the arithmetic average number of workers in the previous calendar year and shall comply with Table I of this NR.
5.4.3 The organization's full and alternate representatives on the CIPA shall be appointed by the organization.
5.4.4 The full and alternate representatives of employees shall be elected by secret ballot, with participation limited exclusively to concerned employees, regardless of union affiliation.
5.4.5 The organization shall appoint the President of CIPA from among its representatives, and the elected employee representatives shall choose the Vice-President from among the full members.
5.4.6 The term of office for elected CIPA members shall be one year, with one re-election permitted.
5.4.7 All elected and appointed members of CIPA shall take office on the first business day following the end of the previous term.
5.4.8 The organization shall provide copies of the election and inauguration meeting minutes to the full and alternate members of CIPA.
5.4.9 When requested, the organization shall forward the documentation related to the CIPA electoral process, which may be in electronic form, to the union of the prevailing category workers within a period of up to 10 (ten) days.
5.4.10 The number of CIPA representatives may not be reduced, nor may the CIPA be deactivated by the organization before the end of the members' term of office, even if there is a reduction in the number of employees, except in case of closure of the establishment's activities.
5.4.11 The organization is prohibited from the following actions against elected CIPA members:
a) Changing their normal work activities in the organization in a way that impairs the performance of their duties;
b) Transferring them to another establishment without their consent, except as provided in the first and second paragraphs of Article 469 of the CLT.
5.4.12 Arbitrary dismissal or dismissal without just cause is prohibited for employees elected to leadership positions in CIPA, from the registration of their candidacy until one year after the end of their term of office.
5.4.12.1 The termination of a fixed-term employment contract does not constitute arbitrary dismissal or dismissal without just cause for an employee elected to a CIPA leadership position.
5.4.13 When the establishment does not fit the scope of Table I and is not served by SESMT, in accordance with Regulatory Standard No.4 (NR-04), the organization shall appoint an internal employee as its representative to assist in the implementation of occupational safety and health prevention actions; mechanisms for employee participation may be adopted through collective bargaining.
5.4.13.1 In case the establishment is served by SESMT, the SESMT shall perform the attributions of CIPA.
5.4.13.2 The individual microentrepreneur (MEI) is exempt from appointing the representative required by NR-05.
5.4.14 The appointment of an employee as NR-05 representative and its form of performance shall be formalized annually by the organization.
5.4.15 The appointment of an employee as NR-05 representative does not prevent him from joining the CIPA upon its constitution, either as employer representative or employee representative.
NR-5 – Internal Commission for Accident and Harassment Prevention (CIPA)
