Labor judge Amanda Cristhina Miléo Gomes Mendonça, from the 2nd Labor Court of Marabá (PA), ordered the mining company Vale and the copper extraction company Salobo to remove more than 1,800 workers from the Self-Rescue Zone (ZAS) from the Mirim dam, in Pará.
The magistrate answered the action presented as a matter of urgency by the Public Ministry of Labor (MPT), which asked for measures to ensure the safety of professionals. The decision was taken last Saturday, 12.
The MPT’s request was based on an inspection carried out last year by technicians from the prosecutor’s office, who found the presence of workers in the ZAS, a place below the dam level, where there is not enough time for assistance. The judge accepted the prosecutors’ request with the aim of preventing a new disaster like the one in Brumadinho (MG), which, in 2019, caused the death of 270 people when a dam of ore tailings burst.
According to the MPT, the Mirim water and mining tailings reservoir has a capacity of 280 million cubic meters. The Córrego do Feijão dam in Brumadinho, on the other hand, stored the equivalent of 17.7 million cubic meters of tailings – that is, the area targeted by lawsuits exceeds the capacity of Brumadinho by 21 times, which could cause environmental and life damage. even greater human.
In the decision, the magistrate stated that, although the Mirim Dam was not classified as having an imminent risk of rupture, the workers would be exposed to danger under the current conditions. According to her, employees “do not know the escape route in case of an audible alert and believe that if it happens, they should wait at the scene until the company driver arrives”.
“It is not enough just to institute the emergency plan for mere formal compliance with the legal provision, it is necessary to effectively adopt the measures contemplated in the plan, which cover science by direct workers or not, about being in a risk area”, he said.
The judge therefore determined that Vale also adopt 31 safety measures identified as fundamental by the MPT, with a focus on carrying out specific safety training for all employees. Other points highlighted were the installation of alarm systems, sirens and other alert mechanisms, as well as the definition of meeting points outside the risk area and the monitoring of the dam structures. The mining company has 60 days to remove workers from the area, under penalty of a daily fine of BRL 100,000 for each clause not complied with.
Luiz Colussi, president of the National Association of Labor Justice Magistrates (Anamatra), defended the court decision and highlighted the role of the Labor Court in preventing disasters and protecting the lives of workers. “Safety is not just about people, equipment or departments, it is part of a set of structures and attitudes. We must analyze systemic vulnerabilities and prevent tragedies from continuing to repeat themselves,” he said.
WITH THE WORD, THE VALE AND THE SALOBO
“Vale and Salobo Metais reinforce their commitment to the health and safety of their employees and reiterate that they comply with all legal obligations in terms of safety, with monitoring systems and Emergency Action Plans in place and functional, as established by Resolution 95/2022 of the National Mining Agency (ANM), which allows the presence of workers in the Self-Rescue Zones of dams when the established requirements are observed.
The companies also clarify that the Mirim do Salobo dam has a downstream construction method, is stable and with a positive Stability Condition Declaration (DCE), operating within normal limits. The dam is monitored 24 hours a day, 7 days a week.”
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