nr 1 general provisions

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    REGULATION 1 GENERAL PROVISIONS

    1.1. The Regulations for occupational health and safety must obligatorily be followed by private and public companiesand by public organs in direct and in the indirect administration, as well as organs of the Legislative and Judicialpowers that have employees under the Consolidated Labor Laws CLT (corresponding initials in Portuguese).

    1.1.1. The provisions contained in the Regulations apply to self-employed workers, to the entities or companies that usetheir services, and to the unions of the respective professional categories.

    1.2. Observance of the Regulations does not release the companies from compliance with other provisions that areincluded in the construction codes or sanitary regulations of the States or Municipalities or others derived fromCollective Labor Conventions or Agreements.

    1.3. The Secretariat of Occupational Health and Safety - SSST (corresponding initials in Portuguese) is the nationwideorgan that is in charge of coordinating, orienting, controlling and supervising activities related to occupational healthand safety, including the National Campaign for Prevention of Occupational Accidents CANPAT (correspondinginitials in Portuguese), the Program for Workers Nutrition- PAT (corresponding initials in Portuguese) and alsoinspection of compliance with the legal precepts and regulations on occupational health and safety in Brazil.

    1.3.1. The Secretariat of Health and Safety - SSST (corresponding initials in Portuguese) is also ultimately liable for theappeals, voluntary or regular, made against decisions proffered by the Regional Labor Commissioners in matters of health and safety.

    1.4. The Regional Labor Office DRT (corresponding initials in Portuguese), is the regional organ liable for executingactivities related to occupational health and safety within its jurisdiction, including the National Campaign forPrevention of Work Accidents - CANPAT, the Program for Worker Nutrition- PAT and also the inspection of compliance with the legal precepts and regulations on occupational health and safety.

    1.4.1. The Regional Labor Office DRT (corresponding initials in Portuguese), or the Maritime Labor Office DTMOffice DRT (corresponding initials in Portuguese),, within their jurisdictions are also liable for:

    a) adopting the measures necessary for faithful observance of the legal precepts and regulations on occupational healthand safety;

    b) charging the appropriate penalties for non-compliance with the legal precepts and regulations on occupational healthand safety;

    c) halting construction, and placing embargos on establishments, service sectors, worksites, work fronts, work locations, machines and equipment;

    d) notifying companies, setting deadlines for elimination and/or neutralization of unsafe conditions;

    e) meeting legal requirements for carrying out health and safety inspections at locations where there is no occupationaldoctor or safety engineer registered with the Ministry of Labor.

    1.5. Other Federal, State or Municipal Organs may be entitled, through an authorized agreement by the Ministry of Labor, to inspect and/or orient companies as to compliance with legal precepts and regulations on occupational healthand safety.

    1.6. For purposes of application of these Regulations, it is considered that:

    a) the employer is the individual or collective company that assumes the risks of an economic activity and hires, paysand directs the rendering of services. Professionals, charitable institutions, recreation associations or other non-profitinstitutions that hire workers are considered equivalent to employers;

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    b) the employee is the person that renders a service, that is not of an intermittent nature, to an employer under hiscommands and in exchange for a salary;

    c) a company is the establishment or set of establishments, worksite, work front, work location or others constituting anorganization which is used by the employer to achieve its objectives;

    d) an establishment is each of the units of the company, working in different locations, such as: a factory, refinery,plant, office, store, workshop, warehouse or laboratory;

    e) a service sector is the smallest administrative or operational unit in the establishment;

    f) a worksite is the area of temporary or fixed work, where operations to support and execution of construction,demolition, or repair services are developed;

    g) a work front is the area of mobile and temporary work where operations to support the execution of construction,demolition or repair services are developed;

    h) the work location is the area where work is developed.

    1.6.1. Whenever one or more companies are under the direction, control or administration of another, constituting anindustrial, commercial or other kind of group, although each has its own legal identity, for the purposes of applicationof the Regulation, they will be held responsible together, the main company and each subsidiary.

    1.6.2. For the purposes of the application of this Regulation, an engineering project, whether or not it involves aworksite or work front, shall be considered an establishment, unless a specific Regulation rules otherwise.

    1.7. Be the employer liable for:

    a) complying with and enforcing complicity with the legal provisions on occupational health and safety; (101.001-8 / I1)

    b) drawing up service orders on occupational health and safety and make them known to the employees, with theobjective of: (101.002-6 / I1)

    I preventing unsafe acts in the performance of the work;

    II publicizing the obligations and prohibitions that employees must know and comply with;

    III making it known to the to the employees that they will be subject to punishment for non-compliance with theservice orders issued;

    IV determining the procedures that shall be adopted in case of occupational accidents and professional oroccupational illnesses;

    V adopting the measures determined by the MTb;

    VI adopting measures for eliminating or neutralizing unhealthy or unsafe working conditions.

    c) informing the workers about: (101.003-4 / I1)

    I the professional risks that might arise in the work locations;

    II the means for preventing and limiting these risks and the measures adopted by the company;

    III - the results of medical exams and complementary diagnostic exams to which the employees are submitted;

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    IV - the results of environmental assessments made at the work locations.

    d) allowing workers representatives to accompany the inspection of the legal and regulatory precepts on occupationalhealth and safety. (101.004-2 / I1)

    1.8. Be the employee liable for:

    a) complying with the legal and regulatory provisions on occupational health and safety, including serviceorders issued by the employer;

    b) using PPE supplied by the employer;

    c) submitting to the medical examinations outlined in the Regulations;

    d) collaborating with the company in the application of the Regulations;

    1.8.1. Unjustified refusal to comply with the provisions in the previous item constitutes an offence.

    1.9. Non-compliance with the legal and regulatory provisions on occupational health and safety will entitle the

    employer to apply of the penalties set forth in the pertinent legislation.

    1.10. Any doubts that might arise and cases of omission found in the execution of the Regulations will be resolved bythe Secretariat of Occupational Health and Safety SSMT (corresponding initials in Portuguese),.