On 02/26/2024, the Ministry of Labor and Employment (MTE) published the Ordinance nº 225, which came into force on 05/27/2024 and updated the Regulatory Standard nº 22, pertaining Occupational Health and Safety in the mining sector. We list below some points of attention:
Facilities restrictions in dam flood zones: The design, construction, maintenance, and operation of any facilities in areas prone to flooding downstream from dams were prohibited, except for necessary sanitary facilities intended for the use of workers present in those areas.
For new dams, the restriction above is applicable from the first filling of the dam.
Restriction of facilities in "safety areas" of tailing piles: The conception, construction, maintenance, and operation of various facilities within the "safety perimeter" of tailing piles, including those intended for production activities, were prohibited.
It stands out that, contrary to what was prescribed in NRM 19, the MTE’s prohibition applies to all structures, even if they have proven stability. According to the new wording, the safety perimeter of tailing stacks will be the one defined in projects and stability studies of these structures.
Routine Inspections Schedule: The Routine Inspections Schedule must be made available to the Specialized Service in Safety and Work Medicine ("SESMT") in advance, when applicable.
Submission of DCO of dams to SESMT: In addition to submitting Regular Safety Inspection Reports (ISR) and Declaration of Stable Conditions (DCE) of dams to SESMT, the entrepreneur must also submit Reports of Compliance and Operability Evaluation (RCOs) accompanied by the respective Declarations of Operability and Compliance (DCOs).
Temporary disposal of final products: In the case of temporary storage of final products in the areas of ore treatment facilities, the new wording exempts the entrepreneur from complying with obligations related to item 22.24, which pertains to the disposal of tailings, sterile materials, and products.
Traffic Plan: Minimum requirements for the elaboration of the traffic plan have been specified and must include: (i) a floor plan identifying the circulation routes with their widths; (ii) location of signalization; (iii) location of pull-off areas and crossings, if any; and (iv) indication of escape areas.
Mine Carts: The usage of this means of transportation has been prohibited. Entrepreneurs have up to 5 years counted from May 27th, 2024, to comply.
Self-propelled machines: Minimum requirements for the use of these machines have been established, including the obligation that machines with a tare weight greater than 4,500kg have air-conditioned cabins and provide protection against falls and projection of objects and against the incidence of sunlight and inclement weather (the deadline for compliance with this specific item is 36 months for new machines and 5 years for use machines, both counted from May 27th, 2024).
Self-propelled machines with a mass of less than 4,500kg must also be adapted to have a protected workstation against falls and projection of objects and against the incidence of sunlight and inclement weather.
Automatic shutdowns and audible signals: The new wording determines that emergency stop devices along the entire length of continuous conveyors and activated by cables must work under tension, automatically interrupting the hazardous functions of the equipment in case of their rupture or loosening.
In addition, continuous conveyors must be adapted to have an automatic audible start signal.
Vertical transportation: For vertical transportation in ore facilities with heights greater than 12 meters, the use of elevators with a single cable and those adapted with more than one cable that do not comply with the current national technical standards has been prohibited.
MTE Ordinance No. 225/2024 can be accessed here.
The Mining, Labor, and Environmental Law teams at Cescon Barrieu is available for further clarifications on the subject.
