Things Are Hotting Up: Wildfires in Brazil and the Law in Brazil and Elsewhere

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[author: Stefano de Luca Tamajo]*

Wildfires in Brazil have been a recurring and worrying phenomenon since 2022, with devastating impacts.
 

The fires have impacted the environment, biodiversity, farming, cattle ranching, and human health as a whole, including the health of workers in the affected regions. The wildfires have had an especially severe impact in rural areas and in the metropolitan regions of northern, central and southwestern Brazil.

Workers in various sectors (particularly agribusiness) in these regions are exposed to smoke and micro-particles of soot contaminating the atmosphere and posing risks to their respiratory health. Even larger metropolitan areas like São Paulo can be affected, as these particles can travel hundreds of kilometers in hot air currents and further degrade air that is already contaminated by urban pollution.

The Ministry of Health recommends a number of actions to reduce exposure to particles resulting from fires, including increasing water and fluid intake and wearing masks. However, the primary recommendation is to stay indoors and protected from smoke, preferably in a building that is well-sealed and with adequate thermal comfort.

Employers, both private and public, have a legal obligation to look after their workers’ occupational health. To do so, they must adopt certain precautions to protect the health and safety of their workers, especially in these extreme conditions, including:

  • Ensuring ventilation and air conditioning in the workplace.
  • Providing workers with a satisfactory quantity of drinking water.
  • Ensuring that breaks are taken in ventilated and cool environments.
  • Providing adequate PPE for workers who need to be in hot or smoky environments.
  • Paying attention to ergonomics, as prolonged exposure to extreme heat can aggravate postural and ergonomic problems.

The burning season in Brazil reinforces the need for preventive measures to protect workers’ health. In this context, regulatory standards become important allies, offering guidelines that help employers face the challenge of global warming and address smoke from fires. By following these standards, employers ensure that the working environment remains safe and suitable.

The following are the regulatory standards in Brazil that are especially relevant to the protection of workers exposed to fires (and consequently to harmful air quality):

  • The standard that establishes guidelines and requirements for the creation of an Occupational Health Medical Control Program (‘PCMSO’) in organisations. The PCMSO requirements aim to protect and preserve the health of employees with regard to occupational risks. Those risks are assessed by the organisation’s Risk Management Program, which will identify any need for periodic medical examinations for the early detection of health problems related to exposure to pollutants.
  • The standard governing Personal Protective Equipment (‘PPE’) and the obligation to provide appropriate PPE to protect workers against identified risks.
  • The standard requiring employers to guarantee a safe and ergonomic working environment. This standard requires employers to provide suitable conditions for employees to carry out their work activities without compromising their health, which is particularly crucial during periods of extreme heat and pollution caused by fires.

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Takeaway for employers

Given that the problems caused by wildfires are likely to continue as a result of climate change and the governmental incapacity to stop them, it is important that employers take measures to protect employees who are exposed to pollution and smoke.

*Toffoletto De Luca Tamajo

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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