brazil environment, health & safety profile and...

Brazil EHS Audit Protocol

Brazil

Environment, Health & Safety Profile and Checklist

2014

Prepared by

The Isosceles Group 50 Congress Street Boston, MA 02109

Copyright 2014 by The Isosceles Group


CONTENTS

Environmental Laws and Regulations ...................................................................................3 Occupational Health and Safety Laws and Regulations ........................................................5

ENVIRONMENTAL PROFILE QUESTIONS ................................................................................ General Environmental Requirements................................................................................ Air Quality/Emissions ......................................................................................................... Wastewater Discharges ..................................................................................................... Water Resources………………………………………………………………………………….. Hazardous Waste Management ......................................................................................... Solid (Non-Hazardous) Waste Management……………………………………………….. Hazardous/Dangerous Substance Compliance Programs………………………………… Environmental Noise………………………………………………………………………….. Remediation…………………………………………………………………………………… External Emergency Planning ............................................................................................

HEALTH AND SAFETY PROFILE QUESTIONS ......................................................................... General Occupational Health and Safety Requirements ..................................................... Health and Safety Representatives and Committees .......................................................... Worker Right-to-Know/Hazard Communication .................................................................. Employee Medical and Well-Being Requirements .............................................................. Work Environments and Controls ....................................................................................... Machinery, Equipment and Controls .................................................................................. Chemical and Substance Management…………………………………………………… Industrial Hygiene and Exposure Limits ............................................................................. Personal Protection Equipment………………………………………………………….. Internal Emergency Response Requirements .................................................................... Ergonomics and Work Organization…………………………………………………………

ATTACHMENT A – LIST OF POLLUTING ACTIVITIES ............................................................

ATTACHMENT B – SIZE OF SESMTS........................................................................................

ATTACHMENT C – STORAGE OF FLAMMABLE MATERIALS .................................................

ATTACHMENT D –TOLERANCE LIMITS FOR CHEMICAL SUBSTANCES ................................

ATTACHMENT E –LIST OF PERSONAL PROTECTIVE EQUIPMENT (PPE)…………………………

ATTACHMENT F-SOIL QUALITY STANDARDS….........................................................................


Brazil EHS Audit Protocol 1.1 Environmental Laws and Regulations A listing of applicable Brazil environmental laws and regulations is presented in Table 1. The laws and regulations can be accessed online (in Portuguese only) at the following website:

http://www.mma.gov.br/port/conama/legi.cfm A substantial body of law in existence prior to 2000 for environmental protection has been replaced with newer laws since. Detailed explanation of the relevant laws and their basic requirements are provided in Sections 7 through 19 of this report. Titles of the various laws and regulations have occasionally been simplified or reworded for clarity in this report. Questionnaire Checklists, developed from the Acts and regulations that were identified as containing relevant requirements for industry and facility operations, are presented at the end of this Profile.

Table 1

Brazil Environmental Legislation

(Laws and regulations are presented by area of coverage and then chronologically by promulgation date)

promulgation date)

Topic Area & Legislation Title Promulgated

General Environmental • Law No. 5197/1967 Protection of Fauna and Other Measures 01/03/1967

• Law No. 6938/1981 National Environmental Policy 08/31/1981

• CONAMA Resolution No. 001/1986 Basic Criteria and General Guidelines for the Environmental Impact Report – RIMA 01/23/1986

• Decree No. 99274/1990 Implementing Regulation of Law No. 6902/1981, and Law No. 6938/1981 06/06/1990

• Registration on the Federal Technical Registry of Potentially Polluting Activities, IBAMA Decree No. 113/1997 09/25/1997

• CONAMA Resolution No. 237/1997 Regulates Aspects of Environmental Licensing Established in the National Policy on the Environment 12/22/1997

• Law No. 9605/1998 - Law of Environmental Crimes 02/12/1998

• CONAMA Resolution No. 306/2002 Minimum Requirements Conducting Environmental Audits for the Petroleum and Natural Gas Industry, as amended by Resolution No. 381, 2006.

07/05/2002


http://www.mma.gov.br/port/conama/legi.cfm



• CONAMA Resolution No. 381/2006 Amendment to Resolution 306, 5 July 2002 and Annex II, which Provides for the Minimum Requirements for the Implementation of Environmental Audits

12/14/2006

• The Forest Code (Federal Law No. 12, 651/2012) 05/25/2012

Air Quality • CONAMA Resolution 05 The National Air Quality Control Program

(PRONAR) 06/15/1989

• CONAMA Resolution No. 03 Standards on Air Quality 06/28/1990

• CONAMA Resolution No. 08 Standards of Air Quality Under PRONAR 12/06/1990

• CONAMA Resolution No. 382/2006 Emission Ceilings for Air Pollutants to Sources 12/26/2006

• CONAMA Resolution 436/2011 Establishes emission ceilings for air pollutants (Complements the Resolution No. 05 of 1989 and No. 382 of 2006) 12/22/2011

Water & Wastewater • CONAMA Resolution No. 357/2005 On the Classification of Bodies of Water

and Environmental Guidelines and Sets out the Conditions and Standards for Release of Effluents, among other Provisions, as amended by COMANA Resolution No. 430/2011 Provides for the Conditions and Standards for Effluent Discharge, Supplements

03/17/2005 07/13/2011

• CONAMA Resolution No. 397/2008 Amendment to Article II of the 4th item and Table X of Paragraph 5, both of art. 34 of Resolution of the National Council on the Environment, CONAMA in 357 of 2005 which Provides for the Classification of the Bodies Water and Environmental Guidelines for the Framework and Sets out the Conditions and Standards for Release of Effluents

04/03/2008

• CONAMA Resolution No. 396/2008 Provides for the Classification and Environmental Guidelines for the Framing of Groundwater and takes other Measures (2008)

04/03/2008

Hazardous & Non-Hazardous Waste Handling & Disposal • Treatment and Disposal of Solid Waste Chemicals, Regulation No. 53/1979 03/01/1979

• Decree No. 875/1993 Promulgates the text of the Basel Convention on Control of Transboundary Movements of Hazardous Wastes (1993) 07/19/1993

• Registration on the Federal Technical Registry of Potentially Polluting Activities, IBAMA Decree No. 113/1997

09/25/1997

• Law No. 9966/2000 Prevention, Control and Monitoring of Pollution Caused by Release of Oil and other Harmful Substances or Dangerous Waters under National Jurisdiction and takes other Measures

04/28/2000

• CONAMA Resolution No. 273/2000 On Prevention and Control of Pollution in Service Stations 11/29/2000

• Decree No. 4136/2002 Provides for the specification of penalties for infractions of the rules of prevention, control and monitoring of pollution caused by release of oil and other harmful substances or dangerous waters under national

02/20/2002




jurisdiction

• CONAMA Resolution No. 307/2002 Establishes Guidelines, Criteria and Procedures for Management of Construction Waste Amended by Resolutions 348, 2004, # 431, 2011, and No. 448/2012.

07/02/2002

• CONAMA Resolution No. 313/2002 On the National Inventory of Industrial Solid Waste 10/29/2002

• CONAMA Resolution No. 316/2002 Procedures and Criteria for the Operation of the Thermal Treatment of Waste Amended by Resolution No. 386, 2006. 10/29/2002

• Decree No. 5098/2004 On Creation of National Plan for Pollution Prevention, Preparedness and Responses to Rapid Environmental Emergencies with Hazardous Chemicals – P2R2

06/03/2004

• CONAMA Resolution No. 348/2004 Changes the Classification of Asbestos as a Hazardous Waste under CONAMA Resolution 307/2002 08/16/2004

• CONAMA Resolution No. 420/2009 - Provides for Criteria and Guiding Values of Soil Quality for the Presence of Chemicals and Establishes Guidelines for Environmental Management of Areas Contaminated by these Substances due to Human Activities as amended by CONAMA Resolution No. 460/2013

12/28/2009, as amended 2013

• Law No. 12305/2010, Establishing the National Policy on Solid Waste 08/02/2010

• CONAMA Resolution No. 452/2012 for the Control Procedures of Import of Waste, in Accordance with Standards Adopted by the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

02/07/2012

• Normative Instruction No. 1/2013 (“NI 1”) 01/30/ 2013

• Normative Instruction No. 6/2013 15/03/2013 Radioactive Materials Handling and Disposal

• CONAMA Resolution No. 024/1994 On Prior Informed Consent of CNEN - National Nuclear Energy Commission, for all the Import or Export of Radioactive Material in any Form and Chemical Composition, in any Amount

12/07/1994

• Law 10308/2001 On the Selection of Sites, Construction, Licensing, Operation, Monitoring, Costs, the Compensation, Civil Liability and Guarantees relating to Deposits of Radioactive Tailings, among other Provisions

11/20/2001

• NEN Resolution No. 112/2011 provides for the licensing of premises using radioactive sealed sources, sources non-sealed, equipment generators of ionizing radiation and radioactive facilities for production of radioisotopes

08/24/2011

Chemical Substance Management & Control

• Interministerial Regulation 19/1981 Prohibits the Installation of Processes for the Production of PCBs 01/29/1981

• Executive Directive CRS 001/1983 Regulates Procedures for the Handling, Storage, and Transport of PCB-Contaminated Equipment 06/10/1983

• CONAMA Resolution No. 07/1987 Provides for the Regulation of the Use of Asbestos in Brazil 09/16/1987

• Order 534 of September 19, 1988 was promulgated to ratify the Montreal 09/19/1988




Protocol and prohibits the use of CFCs in cosmetics, hygiene products, perfumes and disinfectants.

• Law No. 7802/1989 Pesticide Packaging, Use, and Other Related Measures 07/11/1989

• Legislative Decree No. 91/1989 approves the texts of the Vienna Convention for the Protection of the Ozone Layer, from 1985, and the Montreal Protocol on Substances that deplete the Ozone Layer.

1989

• IBAMA Order No. 27/1993 requires every company that produces, imports, exports, uses, or commercializes substances controlled by the Montreal Agreement, or products that may contain them, to be registered with IBAMA.

1993

• Order No. 29/1995 establishes the requirement that company that produces, import, export, marketing or use controlled substances, in quantity exceeding one tonne annually, should, in addition to being registered at IBAMA,

1995

• CONAMA Resolution No. 019/1996 Regulates Criteria-Print Label on Parts Containing Asbestos 10/24/1996

• Normative Instruction No. 1/1999 Halon Use Registration and other Provisions 1999

• CONAMA Resolution No. 267/2000 Prohibition of Substances that Deplete the Ozone Layer 09/14/2000

• Decree No. 4074/2002 Implementing Regulations for Law No. 7802/1989 01/04/2002

• revoked by CONAMA Resolution 463/2014

• CONAMA Resolution No. 420/2009 12/28/2009

• CONAMA Resolution No. 340/2003 Use of Cylinders for the Bottling of Gases that Destroy the Ozone Layer, among other Provisions 09/25/2003

• Normative Instruction No. 37/2004 Additional Registration Requirements for Users, Importers, Exporters and Sellers of Substances that Deplete the Ozone Layer

06/29/2004

• CONAMA Resolution No. 401/2008 Maximum Limits for Lead, Cadmium and Mercury in Batteries and Battery Packs Sold in National Territory and the Criteria and Standards for their Management Environmentally Appropriate, among other Provisions

04/11/2008

• ABNT Standard NRB 14725:2009 on Globally Harmonized System of Classification and Labeling of Chemicals (GHS)

2009

• IBAMA Normative Instruction No. 3/2014 03/06/2014

• CONAMA Resolution 463/2014 - Provides for environmental control products for remediation (revokes CONAMA Resolution No. 314/2002 07/29/2014

Environmental Noise

• CONAMA Resolution No. 01/1990 Criteria and Standards for Noise Emissions from Industrial Activities 03/08/1990

External Emergency Planning

• Decree No. 4085/2002 On the Prevention of Major Industrial Accidents 01/15/2002


Brazil EHS Audit Protocol 1.2 Occupational Health and Safety Laws and Regulations Applicable Brazilian occupational health and safety laws and regulations are presented in Table 3. The regulations can be accessed online, in Portuguese only, at the following government website:

http://portal.mte.gov.br/legislacao/seguranca-e-saude-no-trabalho.htm\ A review of the relevant regulations is presented in the Health and Safety Chapter of this Profile, Sections 20 through 31, and in the Health & Safety Questionnaire Checklist at the end of this Profile.

Table 3 Brazil Occupational Health and Safety Legislation

(Laws and regulations are presented by area of coverage and then chronologically by promulgation or effective date)


• NR-01 General Provisions on Safety and Occupational Medicine 06/08/1978;

Amended through 2009

• NR-02 Facility Inspection & Approval

06/08/1978; Amended through

1983

• NR-03 Embargo/Prohibition on Business Operations 06/08/1978;


• NR-04 Specialized Services in Engineering Safety in Medicine a nd Labour


2009

• NR-05 Internal Commission for Prevention of Accidents 10/27/1983;


• NR-06 Individual Protective Equipment


12/08/2011

• NR-07 Control Program for Doctor of Occupational Health 07/08/1978;

Amended through 12/11/2013

• NR-08 Buildings 06/08/1978;


• NR-09 Program for the Prevention of Environmental Hazards 06/08/1978; Amended through


http://portal.mte.gov.br/legislacao/seguranca-e-saude-no-trabalho.htm/



1994

• NR-10 Electrical Installations and Services with Electricity Safety Measures


2005

• NR-11 Transport, Handling and Storage of Materials 06/08/1978;


• NR-12 Machinery & Equipment 06/06/1983;


• NR-13 Boilers and Pressure Vessels 05/08/1984;


• NR-14 Ovens & Furnaces

06/06/1983

• NR-15 Unhealthy Activities and Operations 06/08/1978;


• NR-16 Dangerous Activities and Operations 02/02/1979;


• NR-17 on Ergonomics 11/23/1990;


• NR-18 Working Conditions and Environment in the Construction Industry 06/08/1978;


• NR-19 Explosives 06/08/1983;


• NR-20 Combustible and Flammable Liquids


02/29/2012

• NR-21 Outdoor Work 06/08/1978;


• NR-22 Occupational Health and Safety in Mining 06/08/1978;


• NR-23 Fire Protection 06/08/1978;


• NR-24 Sanitary Conditions in the Workplace 06/08/1978;





• NR-25 Industrial Waste 06/08/1978;


• NR-26 Safety Signals (Signal Security) 06/08/1978;


• NR-27 Registration of Professional Technical Security Labor

Repealed

• NR-28 Supervision and Penalties

10/27/1983;


• NR-29 Safety and Health in Ports 12/17/1997;


• NR-30 Safety and Health at Work in Boats/Water Environments • Portaria SIT n.º 100, de 17 de janeiro de 2013 18/01/13


01/18/2013

• NR-31 Regulatory Standard for Safety and Health at Work in Agriculture, Livestock, Forestry, Forestry and Aquaculture


12/11/2013

• NR-32 Safety & Health at Work in Health Services 11/11/2005;


• NR-33 Confined Space Entry 08/31/2012

• NR-34 Environment and Conditions of Work in the Ship Repair Construction Industry

2011; Amended through 12/11/2013

• NR-35 Work at Height Portaria SIT n.º 313, de 23 de Março de 2012 27/03/12

• NR-36 Safety and Health at Work in Business Slaughtering and Meat Processing & Derivatives. 19/04/2013

• Law No. 9.294 as amended by Article 49 of Law 12.546 07/15/1996;

Amended through 12/14/ 2011

• Decree No. 2657/1998 Safety in the Use of Chemicals at Work 07/03/1998



ENVIRONMENTAL PROFILE QUESTIONS Questions for this Profile were based on the various laws and regulations presented earlier that were readily available and translated. Questions were categorized under one or more of the following titles:

• General Environmental Requirements. • Air Quality/ Emissions. • Wastewater Discharges. • Water Resources. • Hazardous Waste Management. • Solid (Non-Hazardous) Waste Management. • Radioactive Materials Handling and Disposal. • Hazardous/ Dangerous Substances Compliance Programs. • Environmental Noise. • Tank Storage Management. • Remediation. • Property Transactions/ Due Diligence. • External Emergency Planning.


BRAZIL ESH AUDIT PROTOCOL

General Environmental Requirements 1.1 Does the facility conduct any activities or operations that are

potentially polluting or is involved in the extraction, production, transportation and marketing of products potentially hazardous to the environment, and if so, has the facility registered such activities with the authorities?

Law 6938/1981, Art. 17-II

1.2 Does the facility conduct any activities as cited in the Decree (see Attachment A), and if so, has the facility registered such activities with the Brazilian Institute for Environment and Natural Renewable Resources (IBAMA)? Regulatory Note: For purposes of registration on the IBAMA, individuals or legal entities must submit to the IBAMA Superintendant, the "Federal Technical Registry of Potentially Polluting Activities or Those Which Use Environmental Resources" form and its annexes, as the case may be, duly completed, and other documents as may be necessary, pursuant to the requirements for each category, in accordance with the list of documents set forth in Annex I of this Administrative Decree.

Decree 113, Art. 3

1.3 Does the facility re-register every year by February 28 for polluting activities?

Decree 113, Art. 8

1.4 If there has been any change to any of the information on the registration forms for polluting activities, ahs the facility notified the authorities within 30 days of such change by submitting the registration form with the changes noted?

Decree 113, Art. 12

1.5 If the facility suspended any operations with polluting activities that were already registered, has the facility notified the authorities of such suspension?

Decree 113, Art. 13

1.6 Does the facility plan to, or has in the past conducted any construction, installation, operation and expansion of an establishment with activities using environmental resources that are considered effective or potentially polluting, as well as the ventures able, in any form, to cause environmental degradation, and if so, has the facility prepared, submitted and have approved an Environmental Impact Assessment (EIA) report?

Decree No. 99274/1990; Art. 17



Air Quality/Emissions

No.

1.7 Does the facility comply with the air emission standards as set forth in this Resolution and summarized below?

Primary Standard

Secondary Standard

Pollutant Annual Daily Annual Daily Total Suspended Particulates

80* 240** 60* 150**

Smoke 60* 150** 40* 100**

Free Particulates

50* 150** 50* 150**

Sulfur Dioxide 80* 365** 40* 100**

Ozone 160^ 160^

Nitrogen Dioxide

100* 320^ 100* 190^

Carbon Monoxide

10,000^^

40,000^ 10,000^^

40,000^

Notes: * Geometric annual standard expressed in average concentrations of micrograms per cubic meter of air. ** Daily standard expressed in average concentration over 24 hours of micrograms per cubic meter of air, not to be exceeded more than once a year. ^ Daily standard expressed in average concentration over one hour of micrograms per cubic meter of air, not to be exceeded more than once a year. ^^ Daily standard expressed in average concentration over eight hours of micrograms per cubic meter of air, not to be exceeded more than once a year.

CONAMA Res. No. 03/1990

1.8 In determining emissions at the facility from stationary sources, does the facility use the appropriate methods of analysis as specified in the Resolution and summarized below?

Pollutant Method of Analysis

Total Suspended Particulates

Large- volume sample method or equivalent

Smoke Reflection method or

CONAMA Res. No. 03/1990



No.

equivalent Free Particulates

Inertial- separation/ filtration method or equivalent

Sulfur Dioxide Pararonasiline method or equivalent

Ozone Chemico -luminescence method or equivalent

Nitrogen Dioxide

Chemico- luminescence method or equivalent

Carbon Monoxide

Non-dispersive method or equivalent

Notes: Resolution 03 requires that all methods of analysis be approved by the National Institute of Industrial Metrology, Standardization and Quality (INMETRO) or be recommended by the Brazilian Environmental Milieu and Renewable Natural Resources Institute (IBAMA).

Does the facility have any stationary or fixed sources of air emissions, and if so, has the facility obtained a permit, license or approval through similar means from IBAMA or other competent agency?

Decree No. 99274/1990; Art. 17 & CONAMA Res. No. 382/2006, Art. 1

Wastewater Discharges

No. Wastewater Discharge Requirements

Checklist Questions Regulatory

Citation

1.1 Does the facility create and discharge any industrial wastewater effluent, and if so, does the facility have a permit or license to do so from the appropriate authorities?

CONAMA Resolution No. 357/2005, Art. 26

1.2 Are discharged industrial wastewaters only released after proper treatment and where they comply with the conditions, standards and requirements as outlined in this resolution and other standards as may be applicable or set out by permit?


1.3 Does the facility discharge any sewage and if so, is this done only after proper treatment or in compliance with this Resolution or approval of the authorities?




Water Resources

No. Water Resource Requirements

Checklist Questions Regulatory

Citation

1.1 Does the facility use any groundwater for operations or as potable water, and if so, has such use been approved by the authorities and meet the conditions for its intended use as defined below? Regulatory Note: Groundwater is classified into six categories:

• Special Class – groundwater from protected areas or contributing water to surface water bodies in protected areas;

• Class 1 – groundwater that has not had its quality effected by human activities and requires no treatment for any use;

• Class 2 – groundwater that requires some treatment depending on its use;

• Class 3 – groundwater whose quality has been effected by human usages but does not require treatment, but may need treatment for its predominate use;

• Class 4 - groundwater whose quality has been effected by human usages and requires treatment for any use; and

• Class 5 – groundwater whose quality has been effected by human use that can only be used for purposes that do not have a quality standard for use.

CONAMA Res. No. 396/2008, Art. 1 through 3

1.2 Does the facility dispose of any wastes onto or into soils, and has the facility ensured that such practice will not and has not affected the quality of groundwater for its classification prior to disposal of wastes?

CONAMA Res. No. 396/2008, Art. 27

1.3 Is the application of wastes to soil in areas where the groundwater is of the Special Class prohibited?


1.4 If the facility does dispose of wastes onto or into the ground, has it prepared and submitted to the authorities a plan to track and measure the quality of groundwater?




Hazardous Waste Management

No. Hazardous Waste Management Checklist Questions Regulatory

Citation

1.9 If the facility generates waste that is considered hazardous, toxic or dangerous, has the facility obtained approval for such activity and is proper treatment of the wastes been performed at the site?

Ministerial Order No. 53/1979, Art. 4

1.10 Does the facility ensure that no waste is disposed of in water bodies?


1.11 Is all solid or industrial waste generated at the facility licensed by the authorities?


1.12 Does the facility have any equipment or materials or wastes that contain polychlorinated biphenyls (PCBs), and if so, has the facility submitted to the state authorities an inventory of such items?


1.13 Has the facility submitted to the authorities, information generation, characteristics, storage, transportation and destination of their solid and industrial wastes in accordance with Annexes I through III of this Resolution? Regulatory Note: Annexes I through III can be obtained online in Portuguese at: http://www.mma.gov.br/port/conama/legiabre.cfm?codlegi=335. Annex I outlines information relating to the facility and the inventory of wastes to be provided; including a summary of industrial activities, facility contacts, information on the production processes, raw materials used, and details of all solid waste generated. Annexes II and III provide codes for the various waste categories.


1.14 Is the report on solid and industrial wastes updated and submitted at least every two years unless otherwise directed by the authorities?


http://www.mma.gov.br/port/conama/legiabre.cfm?codlegi=335


Solid (Non-Hazardous) Waste Management

No. Solid (Non-Hazardous) Waste Management Checklist Questions

Regulatory Citation

1.15 Is all solid or industrial waste generated at the facility licensed by the authorities?


1.16 Has the facility submitted to the authorities, information generation, characteristics, storage, transportation and destination of their solid and industrial wastes in accordance with Annexes I through III of this Resolution? Regulatory Note: Annexes I through III can be obtained online in Portuguese at: http://www.mma.gov.br/port/conama/legiabre.cfm?codlegi=335. Annex I outlines information relating to the facility and the inventory of wastes to be provided; including a summary of industrial activities, facility contacts, information on the production processes, raw materials used, and details of all solid waste generated.

Annexes II and III provide codes for the various waste categories.


Radioactive Materials Handling and Disposal

No. Radioactive Materials Handling and Disposal Checklist Questions

Regulatory Citation

1.1 Does the facility import or export any radioactive waste in any form and chemical composition in any quantity, and if so, does it have prior consent of National Nuclear Energy Commission (CNEN) and IBAMA?


1.2 Does the facility ensure that any it’s radioactive material when transported is done so in accordance with the rules of CNEN and the Ministries of Transport and Labor?


1.3 Does any radioactive facility have at least one supervisor radiological protection and qualified personnel in accordance with specific resolutions issued by CNEN? Regulatory Note: Groups of radioactive premises that require

NEN Resolution No. 112, 08/ 24/ 2011


http://www.mma.gov.br/port/conama/legiabre.cfm?codlegi=335


No. Radioactive Materials Handling and Disposal Checklist Questions

Regulatory Citation

more than one supervisor radiological protection are specified in Annex II.

Hazardous/ Dangerous Substance Compliance Programs

No. Hazardous/ Dangerous Substance Compliance Programs Requirements Checklist Questions

Regulatory Citation

1.4 Does the facility, if it manufactures products containing asbestos, print on each piece of them, the following text, which must be conspicuous: “This product contains asbestos fibers. Avoid the generation of dust. Breathing dust from asbestos can seriously harm your health. The danger is greater for smokers.”?


1.5 Does the facility also communicate to consumers, intermediaries and end the care pertaining to the use of these products safely, through leaflets or posters in standard colors: red, black and white?


1.6 When the parts that contain asbestos cannot contain the warning contained in Article 1 of CONAMA Resolution No. 07/87, are they replaced by the following: "CONTAINS ASBESTOS. Breathing the dust generated because it can seriously damage health."?


Environmental Noise

No. Environmental Noise Checklist Questions Regulatory

Citation

1.1 Has the facility evaluated noise levels emitted from its operation in relation to surrounding environments?


1.2 Has the facility measured noise levels emitted from its operation and determined that it has not exceeded the limits set forth in the Brazilian Technical Standards Association (ABNT) Standard NBR 10,152 “Noise Levels for Acoustic Comfort?”

CONAMA Res. No. 01/1990, Art. 1 through 3



No. Environmental Noise Checklist Questions Regulatory

Citation

Regulatory Note: The standard noise limits are:

Hospital/medical facilities AM 45 dB(A) PM 35 dB(A)

Residential neighborhoods AM 50 dB(A) PM 40 dB(A)

Commercial areas(includes roads & parking areas)

AM 60 dB(A) PM 50 dB(A)

Workplaces 85 db(A)

1.3 In measuring noise levels, has the facility conducted those measurements in accordance with the ABNT Standard NBR 10,151, “The Evaluation of Noise in Inhabited Areas with a View Toward the Comfort of the Community?”


Remediation

No. Remediation Checklist Questions Regulatory

Citation

1.7 Does the facility import or use any remediation product that has any biological or microorganism component to it, and if so, has the facility registered its use with the authorities prior to use?


1.8 Does the facility take all necessary measures to prevent the contamination of soil at the property in order to protect the quality of local surface water bodies and groundwater and otherwise meet the soil standards of Annex II of this Resolution? Regulatory Note – Soil Quality Standards have been set under this Resolution for both uncontaminated lands as well as for setting guidelines for management and remediation of contaminated properties. The Standards are listed in the Resolution under Annex II, included in this report as Attachment F.


1.9 Has the facility already contaminated the area in and around its operation and property, and if so, has it informed the appropriate




No. Remediation Checklist Questions Regulatory

Citation

authorities for subsequent investigation and cleanup, taking into consideration the following actions?

• Control or eliminate sources of contamination; • The current and future use of lands in the area object and

its surroundings; • Risk assessment for human health; • The alternatives of intervention considered technically and

economically feasible and its consequences; • The program for monitoring the effectiveness of actions

taken; and • The costs and time involved in implementing alternatives

for action proposed to achieve the goals.

1.1 If a business is engaged in marketing or use of remediation has it complied with registration requirements from the Brazilian Institute of Environment and Renewable Natural Resources-IBAMA, which establish requirements and procedures for the implementation of this Resolution?

RESOLUÇÃO Nº 463, DE 29 de julho de 2014

External Emergency Planning

No. External Emergency Planning Checklist Questions Regulatory

Citation

1.11 Has the facility conducted an assessment of its operations to determine if it has an activity that constitutes a greater risk of accident?

Decree No. 4085/2002, Art. 7

1.12 Has the assessment of the facility for greater risks of accidents been done in accordance with this Resolution? Regulatory Note: An installation at greater risk is one that produces, processes, handles, uses, stores or discards, permanent or temporary, one or more substances or categories of dangerous substances in quantities that exceed regulated amounts as may be established by other regulations. The term “higher accident” or “greater risk of accident” means any unexpected event, such as a fire or an explosion of great magnitude, in the course of an activity within a facility exposed to greater risks of accidents, involving one or more substances and

Decree No. 4085/2002, Art. 7



No. External Emergency Planning Checklist Questions Regulatory

Citation

dangerous expose the workers, the people or the environment to danger or immediate consequences of the medium and long term.



HEALTH AND SAFETY PROFILE QUESTIONS

Questions for this Profile were based on the various laws and regulations presented earlier that were readily available and translated. Questions were categorized under one of the following titles:

• General Occupational Health and Safety Requirements. • Health and Safety Representatives and Committees. • Worker Right-to-Know/Hazard Communication. • Employee Medical and Well-Being Requirements. • Work Environment and Controls. • Machinery, Equipment, and Controls. • Electrical Safety. • Chemical and Substance Management. • Industrial Hygiene and Exposure Limits. • Personal Protection Equipment. • Internal Emergency Response Requirements. • Ergonomics and Work Organization.



General Occupational Health and Safety Requirements

No. General Occupational Health and Safety Requirements Checklist Questions

Regulatory Citation

2.1 Does the facility comply and enforce all of the laws and regulations on safety and occupational medicine in the workplace?

NR-01; Art. 1.1 & 1.7

2.2 Does the facility prepare work orders on safety and health at work, informing employees with handouts, posters, or via electronic media; inform the workers; and establish procedures to be adopted in case of accident or illness related to work ?

NR-01; Art. 1.7

2.3 Does the facility allow employee representatives to monitor the enforcement of the relevant legal and regulatory safety and occupational medicine?

NR-01; Art. 1.7

2.4 If the facility is in operation, does the facility have an up-to-date Certificate of Approval of Premises (CAI) from the regional office of the Ministry of Labour (MTB)?

NR-02; Art. 2.1

2.5 Was the Certificate of Approval of Premises (CAI) obtained prior to the facility starting its operations?

NR-02; Art. 2.1

2.6 If the facility does not have a Certificate of Approval of Premises (CAI), has it sought such an approval, or is it currently preparing and submitting one?

NR-02; Art. 2.1

2.7 Has the facility applied for an additional approval after any substantial change in the facility, its operations or equipment, and if so, has the facility done so, prior to those changes occurring?

NR-02; Art. 2.4

2.8 Has the facility applied for an approval prior to any construction projects on their premises? Regulatory Note: The Regulatory Norm (NR-02) does not provide a definition of what “substantial” means in this context.

NR-02; Art. 2.5



Health and Safety Representatives and Committees

No. Health and Safety Representatives and Committees Checklist Questions

Regulatory Citation

2.9 Does the facility have more than 19 employees and if so has it determined that it is required to have an internal commission for the prevention of accidents (CIPA) in size and makeup as specified in Tables 1 through 3 of the Norm? Regulatory Note: The Tables are too lengthy to include here, but can be accessed at the following website: http://portal.mte.gov.br/data/files/8A7C812D311909DC0131678641482340/nr_05.pdf.

NR-05; Art. 5.6

2.10 If an internal commission for the prevention of accidents (CIPA) has been established for the facility, does it constitute the appropriate number of representatives as specified in Tables 1 through 3 of the Norm, given the number of employees (Table 1) at the facility and the type of business that it is in (Tables 2 and 3)? Regulatory Note: The Tables are too lengthy to include here, but can be accessed at the following website: http://portal.mte.gov.br/data/files/8A7C812D311909DC0131678641482340/nr_05.pdf.

NR-05; Art. 5.6

Worker Right-to-Know/Hazard Communication

No. Worker Right-to-Know/Hazard Communication Checklist Questions

Regulatory Citation

2.11 Does the facility inform the workers/employees of the following?

• Occupational risks that may arise in the workplace; • Ways to prevent and limit such risks and measures

adopted by the company; • The results of medical examinations and diagnostic tests

for diagnosis of which themselves and the

NR-01; Art. 1.7


http://portal.mte.gov.br/data/files/8A7C812D311909DC0131678641482340/nr_05.pdf





No. Worker Right-to-Know/Hazard Communication Checklist Questions

Regulatory Citation

workers/employees are subjected to; and • The results of environmental assessments carried out in

the workplace.

2.12 Is the CIPA allowed to disseminate information to employees regarding safety and health at work?

NR-05; Art. 5.16

2.13 Has the facility, if it has asbestos present that does or could present a respirable threat to workers, developed an emergency plan for dealing with the issue and informed and trained workers of the threat and what to do in an emergency? Regulatory Note: Emergency is defined as any event not scheduled within the normal process of work that involves the deterioration of the worker’s exposure to asbestos.

Annex 12, NR-15

2.14 Are chemicals that are used in the workplace classified as to the dangers to health and safety of employees in accordance with criteria established by the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), the United Nations with the classification of hazardous substances being based on the harmonized classification list or with the realization of tests required by the classification process? Regulatory Note: In the absence of national list of harmonized classification of hazardous substances list can be used international level. The aspects of the classification must meet the technical standard provided in official regulations.

NR-26, Art. 26.2

Employee Medical and Well-Being Requirements

No. Employee Medical and Well-Being Requirements Checklist Questions

Regulatory Citation

2.15 Does the facility maintain a Specialized Occupational Health and Safety Services (SESMT)?

NR-04; Art. 4.1



No. Employee Medical and Well-Being Requirements Checklist Questions

Regulatory Citation

2.16 Has the facility, even if it currently does not have a SESMT,

evaluated its risk level and determined the required number and type of individuals to be on the SESMT, as specified in Tables 1 and 2 of NR-04? Regulatory Note: Table 1 is too lengthy to include here, but can be accessed at the following website: http://portal.mte.gov.br/data/files/8A7C812D308E21660130D26E7A5C0B97/nr_04.pdf Table 2 is presented in Attachment B.

NR-04; Art. 4.2

2.17 If the facility has more than 50 percent of its employees in sectors in which the degree of risk is higher than that involved in its principal activity, does the facility base the size of their SESMT on the highest degree of risk?

NR-04; Art. 4.2

Work Environments and Controls

No. Work Environment and Controls Checklist Questions Regulatory

Citation

2.18 Are workers at the plant involved in the carrying of bags of goods manually without the aid of any mechanical device, and if so, are the following conditions met?

• Manual transport of such material is not to exceed 60 meters;

• Loading and unloading requires the presence of two workers;

• Manual transport avoided when bags are wet or slippery; and

• Areas at the facility where manual transport occurs should have floors that are made of non-slip materials without harshness, and kept in a perfect state of preservation.

NR-11, Art. 11.2.1


http://portal.mte.gov.br/data/files/8A7C812D308E21660130D26E7A5C0B97/nr_04.pdf

http://portal.mte.gov.br/data/files/8A7C812D308E21660130D26E7A5C0B97/nr_04.pdf



Citation

2.19 Does the facility ensure that the weight of all stored materials does not exceed the carrying capacity of the floors the material is stored on?

NR-11, Art. 11.3.1

2.20 Does the facility ensure that the storage of materials avoids the obstruction of doors, emergency exits and fire or other emergency equipment, etc.?

NR-11, Art. 11.3.2

2.21 Is all stored material kept at a distance away from the structural sides of buildings at the facility by an amount not less than 50 cm?

NR-11, Art. 11.3.3

2.22 Are all stored, stacked or stockpiled materials done so to not hinder traffic, lighting and access to emergency exits?

NR-11, Art. 11.3.4

2.23 If stored material has any special or specific storage requirements, specified by the manufacturer or by other regulations, are these requirements met?

NR-11, Art. 11.3.5

2.24 Does the facility carry out any dangerous or hazardous activities or operations as listed in Annexes I and II http://portal.mte.gov.br/data/files/8A7C816A35F7884401366032742033EF/NR-16%20(atualizada%202012).pdf of the Norm (NR-16)? Regulatory Note: Activities and types of operations are considered to be dangerous when resulting from one of the following:

• Chemical degradation or autocatalytic (such as from explosives); and

• Action from external agents such as heat, humidity, sparks, flames, seismic phenomena, shock and friction.

Liquid fuel is also defined as one which possesses flash points equal or greater than 60°C and less than or equal to 93°C. (2012

NR-16, Art.16.1


http://portal.mte.gov.br/data/files/8A7C816A35F7884401366032742033EF/NR-16%20(atualizada%202012).pdf

http://portal.mte.gov.br/data/files/8A7C816A35F7884401366032742033EF/NR-16%20(atualizada%202012).pdf



Citation

amendment)

Machinery, Equipment and Controls

No. Machinery, Equipment and Controls Checklist Questions Regulatory

Citation

Does the facility have any elevators (lifts), and if so, are the wells of such surrounded by firm materials throughout its height, except for doors?

NR-11, Art. 11.1.1

When the cab of an elevator is not at the surface, is the opening protected by a handrail or other device to prevent entry?

NR-11, Art. 11.1.2

Is equipment used in the handling of materials, such as lifts, cargo lifts, cranes, bridges, walkways, hoists, forklifts, winches, treadmills, walkways, etc. calculated and constructed offering the necessary guarantees of resistance and security and kept in perfect working conditions?

NR-11, Art. 11.1.3

2.25 Is special attention given to routinely inspecting and replacing defective parts such as pulleys, steel cables, ropes, chains, etc.?

NR-11, Art. 11.1.3.1

Electrical Safety

No. Electrical Safety Checklist Questions Regulatory

Citation

Have preventative measures through risk analysis techniques been adopted to control risks from electrical installations and related electrical hazards at the facility?

NR-10, Art. 10.2.1



Regulatory Note: Electrical installations as a term is not defined in regulatory norm NR-10; however “electrical systems” is defined as “electric circuits or inter-related circuits to achieve a particular goal. “Electrical power systems,” is also defined as all facilities and equipment related to or for the generation, transmission and distribution of electric energy.

Explanatory Note: Electrical Installations is often referred to in other literature reviewed for this report as all of, or portions of, the electrical systems, wiring, circuits, transformers, etc. installed at the facility from its point of entry from the power company to each individual outlet where tools, equipment, lights, etc. draw electrical energy. Does the facility utilizes or is laden with more than 75 kW, and if so has it met the following requirements?

• Create and maintain records associated with the electrical plant; • Maintain updated schemes/programs of electric installations, according

to their specifications and grounding; • Maintain a set of safety and health procedures and instructions for

technical and administrative functions and staff; implemented relative to the NR and description of the measures to control risks;

• Documentation of inspections and measurements of the system of protection against lightning, and electrical grounding;

• Specification of protection equipment, individual and collective; • Tooling, as applicable to the NR; • Documentation of eligibility, qualification, training for authorized

employees and training conducted; • Results of tests conducted in isolation for electric protective

equipment; individual and collective; • Certification of electrical equipment and materials in classified areas;

and • Technical report of inspections updated with recommendations,

schedules of adequacy, contemplating the points above. Explanatory Note: The term “collective” implies the facility and all of its electrical installations, as opposed to “individual,” which relates to individual persons or isolated equipment, etc.

NR-10, Art. 10.2.3 and 10.2.4

Chemical and Substance Management



No. Chemical and Substance Management Checklist Questions Regulatory

Citation

2.26 Does the facility have any combustible or flammable liquids in its operation, for use, storage, etc.? Regulatory Note: These liquids are defined as follows:

• A combustible liquid is one that possesses a flash-point equal to or greater than 70°C or below 93.3°C; and

• A flammable liquid is one possesses a flash-point below 70°C or vapor pressure not exceeding 2.8 kg/cm2 absolute to 37.7°C.

These liquids are also given a classification scheme as follows:

• Class I – flammable liquids that possess a flash-point below 37.7°C;

• Class II - flammable liquids that possess a flash-point above 37.7°C and below 70°C;

• Class III – combustible liquid is one that possesses a flash-point equal to or greater than 70°C or below 93.3°C;

NR-20, Art. 20.1 & 20.2

2.27 For combustible liquids, does the facility store them in containers as follows?

• Tanks are constructed of steel or concrete, unless the liquid requires a special material;

• All tanks, either surface or equipped with vents, should be located in accordance with the distances set forth in the regulation (Attachment C);

• Distance between any two tanks of the same fuel should not be less than one meter;

• Distance between any two tanks of different fuels (or storage of any other fuel) should be not less than six meters; and

• All tank surfaces should have devices to release excessive internal pressure caused by exposure to a heat source.

NR-20, Art. 20.1.2 through 20.1.6

2.28 For flammable liquids, does the facility store them in containers as follows?

• Tanks are constructed of steel or concrete, unless the liquid requires a special material;

• All tanks, either surface or equipped with vents, should be located in accordance with the distances set forth in the

NR-20, Art. 20.2.2 through 20.2.18




Citation

regulation (Attachment C); • Tanks installed in the ground shall meet the following

minimum distances: o 0.3 meters from foundations of walls, windows or

basements; and o One meter from other properties;

• Tanks for flammable liquids can only be installed inside buildings in the form of buried tanks;

• Tanks should be equipped with pressure and vacuum vents or fire-cuts;

• Vents for underground tanks should be located outside of buildings and run at least 3.5 m above ground;

• All tank surfaces should have devices to release excessive internal pressure caused by exposure to a heat source;

• All tanks should be grounded in accordance with State standards;

• Transfer of liquids from one tank to another tank or tank-car requires that both the tank and the other tank or car are grounded;

• Storage of flammable liquids inside a building is limited to containers of no more than 250 liters each;

• Internal storage requirements are: o Walls, floors and roofs should be constructed of

materials resistant to fire and in a manner that facilitates cleaning and does not cause a spark friction from shoes or tools;

o The passages and ports will be equipped with ramps or sills at least 0.15 m of gaps, or open areas and covered with steel with grill flow to a safe place;

o Should have appropriate explosion-proof electrical installation;

o Should be ventilated, preferably with natural ventilation;

o Should have fire fighting system with appropriate fire extinguishers, near the door of access; and

o On doors of entry to the storage areas, there must be written, clearly visible, the following: "Flammable" and "Do Not Smoke."

• Storage lockers or other storage devices inside the building should be made from sheet metal and delimited by clearly saying “Flammable;”

• Storage of Class I flammable liquids in drums of no more




Citation

than 250 liters should not exceed 100 drums in total for a given “lot” or separate space,” and should be at least 20 meters from buildings and property boundaries, and 15 meters between sections of drum storage;

• There should be signage indicating "Flammable" and "Do Not Smoke," for all access or entry points to each storage area; and

• All equipment for handling flammable liquids should be explosion-proof.

Industrial Hygiene and Exposure Limits

No. Industrial Hygiene and Exposure Limits Checklist Questions Regulatory

Citation

2.29 Is a “level of action” applied to risks in the workplace, above which periodic monitoring of exposure, information to employees and medical control is applied or implemented?

Regulatory Note: For the purposes of this Norm (NR-09), the level of share value above which action must be initiated in order to minimize the likelihood that exposure to environmental agents exceed the limits of exposure, will be:

• For chemical agents - half the occupational exposure limits considered in accordance with:

o The results of a quantitative assessment of workers’ exposure exceeds the values of limits of NR-15 or, in the absence of these values, the occupational exposure limits adopted by the ACGIH - American Conference of Governmental Industrial Hygienists, or those that may be established in collective bargaining to work, provided that strictest criteria, than the technical-legal set be adopted/used; and

• For noise - the dose of 0.5 (dose greater than 50%) as criteria established in NR-15, Annex I, item 6.

NR-09, Art. 9.3.6

2.30 Does the facility address work tolerances and limits as specified in the Annexes to NR-15 listed below?

NR-15, Art. 15.1



No. Industrial Hygiene and Exposure Limits Checklist Questions Regulatory

Citation

• Annex 1 - Limits of tolerance for continuous or intermittent noise;

• Annex 2 - Limits of tolerance for noise of impact; • Annex 3 - Limits of tolerance for exposure to heat; • Annex 4 (Withdrawn); • Annex 5 - Ionizing radiation; • Annex 6 - Work under conditions; • Annex 7 - Non-ionizing radiation; • Annex 8 – Vibrations; • Annex No. 9 – Cold; • Annex No. 10 – Humidity; • Annex No. 11 - Chemical agents whose unsanitary is

characterized by limited and inspection of tolerance at work;

• Annex No. 12 - Limits of tolerance for mineral dust; • Annex No. 13 - Chemical agents; and • Annex No. 14 - Biological agents.

Personal Protection Equipment

No. Personal Protection Equipment Checklist Questions Regulatory

Citation

2.1 Has the facility assessed the need for personal protective equipment (PPE or EPI in Brazil) in the workplace?

NR-06; Art. 6.3

2.2 Has the facility provided free of charge to its employees, personal protective equipment (PPE) appropriate to the risk and in perfect state of maintenance and operation under the following circumstances?

• Where the measures in general do not offer complete protection against the risk of accidents or occupational diseases at work;

• While the collective measures of protection are being implemented; and/or

• To attend to emergencies.

NR-06; Art. 6.3

2.3 Does the facility ensure that only personal protective equipment (PPE) affixed with the Certificate of Approval from the Ministry of Labour and Employment or other authorized agency, is used?

NR-06; Art. 6.2



No. Personal Protection Equipment Checklist Questions Regulatory

Citation

2.4 When assessing the need for personal protective equipment (PPE) or when providing for such equipment to employees, has the facility followed the assignment of PPE in accordance with Annex I of Norm NR-06? Regulatory Note: Annex I (Attachment E) can also be obtained at: http://translate.googleusercontent.com/translate_c?hl=en&ie=UTF8&prev=_t&rurl=translate.google.com&sl=pt&tl=en&twu=1&u=http://portal.mte.gov.br/data/files/FF8080812DC56F8F012DCDAB536517DE/NR-06%2520%28atualizada%29%25202010.pdf&usg=ALkJrhgyGVtZzrgdEV7PTB7xcELqyQ4cFQ. Or in Portuguese at http://portal.mte.gov.br/data/files/8A7C812D36A2800001388130953C1EFB/NR-06%20(atualizada)%202011.pdf. PPE products not listed in Annex I, are referred to as IPOs.

NR-06; Art. 6.4

Internal Emergency Response Requirements

No. Internal Emergency Response Requirements Checklist Questions

Regulatory Citation

Does the facility, at a minimum, comply with the basic requirements of fire safety and protection and provide all employees about the following?

• Use of firefighting equipment; • Procedures for safe evacuation from the workplace; and • Existing alarm devices.

NR-23, Art. 23.1.1

Does the facility have exits in sufficient number/quantity and arranged so that those who work or are present there, may abandon the facility quickly and safely in the case of an emergency?

NR-23, Art. 23.2

2.31 Do all exists comply with the following requirements? NR-23, Art. 23.3


http://translate.googleusercontent.com/translate_c?hl=en&ie=UTF8&prev=_t&rurl=translate.google.com&sl=pt&tl=en&twu=1&u=http://portal.mte.gov.br/data/files/FF8080812DC56F8F012DCDAB536517DE/NR-06%2520%28atualizada%29%25202010.pdf&usg=ALkJrhgyGVtZzrgdEV7PTB7xcELqyQ4cFQ






http://portal.mte.gov.br/data/files/8A7C812D36A2800001388130953C1EFB/NR-06%20(atualizada)%202011.pdf

http://portal.mte.gov.br/data/files/8A7C812D36A2800001388130953C1EFB/NR-06%20(atualizada)%202011.pdf


No. Internal Emergency Response Requirements Checklist Questions

Regulatory Citation

• All openings, exits and passageways are clearly marked by

signs or traffic lights, indicating the direction of the departure/exit;

• No emergency exit shall be locked or imprisoned during the workday; and

• Emergency exits can be equipped with locking devices that allow easy opening from within the establishment.

through 23.5

Ergonomics and Work Organization

No. Checklist Questions Regulatory

Citation

2.32 Is manual lifting done anywhere in the facility, and if so, are workers prevented from manually lifting and transporting materials or objects whose weight is likely to jeopardize their health or their safety?

NR-17, Art. 17.2

2.33 Are all employees who are or might be involved in the manual lifting and transportation of materials/objects, provided training in the proper manner of manual lifting and transporting in order to safeguard their health?

NR-17, Art. 17.2

2.34 Does the facility make appropriate efforts to limit the manual lifting/transportation of materials/objects by use of other technical means?

NR-17, Art. 17.2

2.35 Are women or young workers (between the ages of 14 and 18) involved in any manual lifting/transportation of materials/objects, and if so, is the maximum weight of the objects they lift set to be clearly lower than that for men? Regulatory Note: A maximum weight limit or formula is not provided in NR-17.

NR-17, Art. 17.2


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