Post by account_disabled on Feb 21, 2024 23:23:34 GMT -8
When there is no pre-established proof that the company irresponsibly or illegally exposes its employees to the risk of contamination by Covid-19, it is not appropriate to determine that it complies with more than what is stipulated in the specific rules for combating the pandemic. Disclosure TST grants injunction so that JBS is not forced to carry out mass testing of employees Disclosure This was the position of the Superior Labor Court, which granted an injunction to grant suspensive effect to an ordinary appeal filed by JBS, suspending the effects of the decision handed down by the Regional Labor Court of the 4th Region with regard to the obligations to do imposed. In this case, the Public Ministry of Labor filed a public civil action against the company JBS alleging that it did not adopt necessary measures to combat the Covid-19 pandemic in an industry located in Montenegro (RS). The first instance court rejected the MPT's request for mass testing of workers, as there was no technical recommendation for this procedure. He also denied the request for the company to develop a respiratory protection program.
In view of this, the MPT presented a writ of Finland Mobile Number List mandamus to the TRT-4. The Court partially admitted the prosecution's requests, ordering the promotion of medical screening and tests to verify the current health situation of workers, within 10 calendar days. Within the same period, JBS should develop a respiratory protection program. The company then filed an ordinary appeal against the TRT's decision. The defense claimed that the company fully complies with all the standards of the competent bodies for dealing with the pandemic and that the MPT's requests have no legal or scientific basis. He also stated that the protocols adopted within the slaughterhouses were prepared by the Albert Einstein Hospital, based on Joint Ordinances 19 and 20 of 2020, which provide for prevention, control and mitigation measures for Covid-19, which were prepared by the Ministries of Health, of Economy and Agriculture. The reporting minister, Alexandre de Souza Agra Belmonte, highlighted that, both in federal and state decrees that deal with measures to combat Covid-19, the activity of the applicant company is considered essential.
Furthermore, for the rapporteur, the documents attached to the process prove that the applicant complies with prevention protocols in the workplace, in order to prevent the risk of contagion. And so much so that the authority appointed as coercer confirmed the corporate precautions, at different moments of the decision given in the first instance. Imposing, in addition to all the measures already applied, mass testing, which has no legal provision and is not justified given the scientific studies carried out on the subject, would violate legality, continued Belmonte. As for the respiratory protection program, the first degree decision was correct, explained the minister, in dispensing with its preparation. The company already provides equipment (PFF2 masks and face shields) that meets specific regulations, according to Ordinance SES and Anvisa specifications. “On the other hand, the appealed decision, which partially granted security to the Public Ministry of Labor, is based on NR-15 of Ordinance No. 3216, which has nothing to do with the matter, because it regulates unhealthy activities and operations”, he said.
In view of this, the MPT presented a writ of Finland Mobile Number List mandamus to the TRT-4. The Court partially admitted the prosecution's requests, ordering the promotion of medical screening and tests to verify the current health situation of workers, within 10 calendar days. Within the same period, JBS should develop a respiratory protection program. The company then filed an ordinary appeal against the TRT's decision. The defense claimed that the company fully complies with all the standards of the competent bodies for dealing with the pandemic and that the MPT's requests have no legal or scientific basis. He also stated that the protocols adopted within the slaughterhouses were prepared by the Albert Einstein Hospital, based on Joint Ordinances 19 and 20 of 2020, which provide for prevention, control and mitigation measures for Covid-19, which were prepared by the Ministries of Health, of Economy and Agriculture. The reporting minister, Alexandre de Souza Agra Belmonte, highlighted that, both in federal and state decrees that deal with measures to combat Covid-19, the activity of the applicant company is considered essential.
Furthermore, for the rapporteur, the documents attached to the process prove that the applicant complies with prevention protocols in the workplace, in order to prevent the risk of contagion. And so much so that the authority appointed as coercer confirmed the corporate precautions, at different moments of the decision given in the first instance. Imposing, in addition to all the measures already applied, mass testing, which has no legal provision and is not justified given the scientific studies carried out on the subject, would violate legality, continued Belmonte. As for the respiratory protection program, the first degree decision was correct, explained the minister, in dispensing with its preparation. The company already provides equipment (PFF2 masks and face shields) that meets specific regulations, according to Ordinance SES and Anvisa specifications. “On the other hand, the appealed decision, which partially granted security to the Public Ministry of Labor, is based on NR-15 of Ordinance No. 3216, which has nothing to do with the matter, because it regulates unhealthy activities and operations”, he said.