Justice condemns Correios after death of worker and calls for safety measures

The sentence also determined the payment of R$200,000 for collective moral damage, in addition to a daily fine of R$15,000 for breached obligations.

In a note to the report, Correios states that they called emergency services immediately after the accident, took the worker to the hospital and provided assistance to the family.

"The state-owned company carried out a rigorous investigation to clarify the circumstances of what happened, including checking the working conditions related to the case."

The action was filed by the MPT (Public Ministry of Labor) in São Bernardo do Campo (SP) following a complaint from the postal workers' union.

According to the lawsuit, the employee was unloading parcel containers with a hydraulic pallet jack when the load fell on top of him on an inclined ramp. He suffered head trauma and died two days later.

The investigation pointed out, among the factors related to the accident, the absence of brakes on the equipment, failures in lashing the load, unevenness in the unloading area and lack of adequate side protection.

The MPT also identified other problems in the unit, such as insufficient equipment for handling loads, training failures, irregularities in floors and platforms and lack of personal protective equipment.

The investigation also cited problems related to the Internal Accident Prevention Commission (Cipa) and the identification of risks.

Before taking the case to court, the MPT proposed that Correios sign a Conduct Adjustment Term (TAC) to correct the irregularities. According to the agency, the company did not join, arguing that the necessary measures had already been adopted or were being implemented.

In the sentence, the 1st Labor Court of Santo André considered that the accident occurred in a context of failures in the management of health and safety at work, also highlighted in inspections by competent bodies.

Among the determinations are the maintenance and periodic inspection of equipment, the supply of suitable machines for handling loads, specific training for pallet truck and forklift operators and the adaptation of floors, ramps and platforms.

The company must also develop safety procedures, effectively implement the Risk Management Program (PGR), provide PPE and materials for securing cargo and regularize and train Cipa. Most of the obligations must be fulfilled after the final judgment.

According to the MPT, compensation for collective moral damage must be allocated to the Worker Support Fund (FAT) or entities indicated by the body.

The decision was contested by both parties. The MPT appealed to try to increase the amount of compensation, while Correios appealed against the imposed obligations and financial sentences. The case awaits judgment by the TRT-2 (Regional Labor Court of the 2nd Region).

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