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Circular Letter-002/2021 Paranaguá, 19.February.2021
Dear Members,
Please find hereinunder recommendations from our Legal Advisors in view of the fining of some of
our Members by the Public Labour Ministry.
In view of the News about the positioning recently manifested by our State's Public Labour Ministry,
demonstrating that there was no change in the understanding of that entity in relation to the
existence of responsibility of the maritime agent to keep the shipowners, whose ships they are
agents for, informed about meeting the requirements contained in Regulatory Norm NR 29
(Regulatory Standard of Safety and Health at Port Work), we recommend that they inform, prior to
arrival, mooring and operation of those ships in our Ports of Paranaguá and Antonina, always in
writing and through submitting protocol, that the Brazilian legislation requires that the safety and
health standards of the port worker be observed, especially the following items of said NR:
29.3,12 Safety in the gangway watch.
E...)
29.3.12.3 The watchman shall be suplied with a chair with a back slightly shaped to fit and protect
the lumbar region of the body.
29.3.2 Access to the ships.
29.3.2.1 Stairs, ramps and all accesses to the ships shall be kept in good condition and cleanliness,
and the characteristics of non-slip surfaces preserved.
29.3.2.2 Stairs and ramps accessing ships shall have balustrades — safety bars- against falls.
29.3.2.2.1 The handrail should give a firm support, being strong enough along its whole lenght, not
flexing to a point that could cause the users! loss of balance.
29.3.2.3 Stairs accessing ships, or their complementary structures, pursuant to Subitem 29.3.2.10,
should be touching shore ground, having in its base a rotating device, duly protected, to accomodate
the ship's movements.
29,3.2.4 Stairs accessing ships, should be wide enough to allow safe one way transit, equiped with a
safety net, in perfect conditions. One edge of the net should be tied to the ship side and the opposite
edge, passing under the stairs, goes up to be tied to the hand rail on the shore side, so that, in case of
a fall, the worker does not bang against any other structure in the vicinity.
29.3.2.4.1 Subitem 29.3.2.4 is not applicable when the distance between the ship's deck and the
quay does not allow for the installation of safety nets.
29.3.2.5 The gangway stairs should be positioned at an angle, with the horizontal plane, that will
ensure a safe access to the ship.
29.3.2.6 Due to the ship level variation, the stair steps should be mounted in a way to keep them
horizontal or with an inclination that provides adequate support for the feet.
29.3.2.7 The access to the ship should be out of the crane, or any hoisting device, booms reach, If
not possible, the access point should be duly marked.
29.3.2.8 Installation of electric extensions on the ships access stairs, ramp structures and handrails
is forbidden.
29.3.2.9 The stairs supporting fixtures and cables connected to the hoisting device CANNOT become
an obstacle to people circulation and those should be under tension at all times.
29.3.2.10 In case of need to access planks, ramps or access catways, interconnected or not, with the
stairs, they need to have the following specifications:
a) ridgid construction;
b) with a minimum width of 0.80 m (eighty centimetres);
c) equipped with cross members at intervals of 0.40 m (forty centimetres) throughout the
whole length of the item;
d) they have to have handrails on both sides of the whole length, and dual safety bars,
located at minimum heights of 1.20 m (one metre and twenty centimetres) and 0.70 m
(seventy centimetres) measured from the item floor and perpendicularly to the stairs
longitudinal axis;
e) to have fixtures to firmly attach them to the ship stairs or to one end of its structure;
f) the end touching shore ground, will have, in its base, a rotating device, to accomodate the
ship's movements.
£) to have a maximum angle of 30º (thirty degrees) with the horizontal plane.
29.3.2.11 Access to the ship through a Jacob's ladder is forbidden, except in emergency situations,
duly justified, assessed and followed by SESSTP and SESMT, as the case may be.
SESSTP: Serviço Especializado em Segurança e Saúde do Trabalhador Portuário
Port Workers Safety and Health Specialized Services
SESMT: Serviço Especializado em Engenharia de Segurança e em Medicina do Trabalho.
Safety Engineering and Occupational Medicine Specialized Services.
29.3,2.12 Access to ships with hoisting devices by workers is forbidden, except in rescue or life saving
operations or if special transport baskets are used, as long as the hoisting device has special safety
features and there are specific procedures for those operations.
29.3.2.13 In work locations close to water and transhippment points, there must be buoys and other
equipment necessary for the rescue of someone who may fall into the water, as long they have been
approved by DPC. | DPC; Diretoria de Portos e Costas — Ports and Coasts Directorate
29.3.4.18.1 Any simultaneous work activity on separate decks of the same hold, and even anywhere
else, is forbidden.
Port Operators are responsible for normal situations in operations. They're going to have to keep a
close eye. However, there is on-board equipment that is the ship's responsibility.
That's why maritime agents need to make sure that shipowners and Masters are aware of safety
regulations. The agent cannot be fined if something is wrong on board, breaking the established
rules.
Sincerely,
SINDAPAR
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