On December 19th, 2018, the Ministry of Labor published Ordinance No. 1,085/2018, for the purpose of amending Regulation No. 22 (“NR-22”), which regulates aspects related to the mining sector occupational safety and health.
The reformed NR-22 therefore brings changes to the sections regarding the Disposal of Tailings, Wastes and Products and the Emergency Response Plan, within the framework of the National Policy on Dams Safety (“PNSB”).
As an example, under the new regulation, deposits submitted to the PNSB, whether of liquid or solid substances, are subject to technical studies, and must provide the monitoring of water percolation, water table and movement and stability of the massifs.
In addition, companies with dams included in the PNSB must make available, as required, the Dams Safety Plan, including the Emergency Plan for Mining Dams (“PAEBM”), to the Specialized Services in Safety Engineering and Occupational Medicine (“SESMT”), the prevailing trade union representation and the supervision of the Ministry of Labor, as well as send a copy of the biannual declaration of Stability Condition to the SESMT. Potential anomalies that may trigger a special inspection should also be reported to such entities.
In addition, the leakage of mining dams is now required to be indicated as a specific scenario in the Emergency Response Plan of all mines.