Did you know that every company is required to follow mandatory procedures that ensure employee health and safety in the workplace? These requirements are based on what are known as regulatory standards.
Established in 1978, the NRs, as they are known, standardize methods and rules so that both the company and its employees have a foundation for preventing accidents. This makes it possible to create a safe and healthy work environment.
With guidelines and parameters currently established by the Special Secretariat for Social Security and Labor, labor relations now have a solid foundation.
Based on these procedures, the company is able to guide and educate its employees on the need to comply with rules so that the company’s well-being is maintained as part of the organizational routine.
Due to constant changes in the labor market, regulatory standards are continually updated with the aim of improving working conditions for companies in general.
Although companies are required to comply with regulatory standards, this still raises many questions, given that there are more than 35 NRs currently in effect. So let’s get right to the point!
What are Regulatory Standards?
Regulatory standards, or NRs as they are known, are obligations and duties that employers must comply with to ensure the safety and health of employees in the workplace. These regulatory standards are based onLaw No. 6,514.
Since these regulations serve as a supplement to the CLT, companies must implement the standards applicable to the sectors in which they operate. Employees who are formally employed, on the other hand, are protected by the administrative rulings that govern these NRs.
According to Section 157 of the law, companies are required to:
I – comply with and enforce occupational safety and health standards;
II – instruct employees, through work orders, on the precautions to be taken to prevent workplace accidents or occupational illnesses;
III – take the measures prescribed by the competent regional authority;
IV – to facilitate the competent authority’s oversight activities.
How they are created
The Special Secretariat for Social Security and Labor is responsible for drafting and reviewing regulatory standards.
However, these regulatory standards are established by aPermanent Tripartite Commission (CTPP), which brings together workers, government officials, and business representatives. The procedure for establishing theseregulatory standardsis set forth in Administrative Order No. 1,127, dated October 2003:
“Article 1. The regulatory methodology in the area of occupational safety and health and in matters related to general working conditions—which fall under the jurisdiction of the Labor Inspection Secretariat—shall be based on the fundamental principle of adopting the Tripartite System—comprising the Government, Workers, and Employers—and shall be established in accordance with the following steps:
I – determination of topics to be discussed by the Permanent Tripartite Commission (CTPP);
II – drafting of basic technical documents;
III – publication of a basic technical text in the Federal Official Gazette (DOU);
IV – establishment of the Tripartite Working Group (GTT); and
V – approval and publication of the regulation in the Federal Official Gazette (DOU).”
What are they used for?
Regulatory standards are designed to ensure a safe and healthy work environment for employees. It is through these standards that a company can establish standard operating procedures related to the well-being and safety of its workforce, thereby preventing workplace accidents.
Why are the NRs important?
While employers have certain obligations regarding the workplace, regulatory standards also play an important role for employees.
That’s because these regulations help employees feel more confident about their physical and mental health. And not only that, but the NRs also let them know exactly what precautions to take to prevent accidents in their daily work.
Therefore, the NRs are important not only for employers but also for employees, as they make it possible to:
- Prevent accidents;
- Provide a safe work environment;
- Promote initiatives to prevent accidents and promote mental health;
- Address any issues that may arise during task execution;
- Reduce the likelihood of labor lawsuits;
- Maintain the company's positive image in the market;
Keep in mind that the primary purpose of the NRs is to ensure the safety and physical and mental well-being of employees.
Workplace safety data in Brazil
In Brazil, according to data from asurvey by the Digital Observatory for Occupational Safety and Health, an employee dies every 3 hours and 40 minutes as a result of a workplace accident.
In 2012 and 2018, absences due to work-related accidents or illnesses reached the millions. During that period, companies recorded 351 million days without any employees present.
Between 2012 and 2018, the social security system spent more than R$ 82 billion on workers’ compensation benefits. This is often a result of noncompliance with and ignorance of the National Regulations (NRs), which are designed to prevent many of these accidents.
A National Regulation is equivalent to a labor law
Regulatory standards work in conjunction with labor laws. This is because NRs are also mandatory procedures that companies—whether private or public—must follow in their day-to-day operations.
However, they do not have the force of law; their primary purpose is to establish provisions and guidelines that the company must follow in the areas of occupational safety and health.
When did they first appear?
The term “regulatory standards” first appeared in 1977, inArticle 200 of the CLT, which outlined certain legal obligations that companies were required to follow regarding workplace safety. Paragraph 1 of that article stated the following:
“Art. 200 – The Ministry of Labor shall establish supplementary provisions to the rules set forth in this Chapter, taking into account the specific characteristics of each activity or sector of work, particularly regarding: (As amended by Law No. 6,514, dated December 22, 1977)
I – accident prevention measures and personal protective equipment at construction, demolition, or repair sites; (Added by Law No. 6,514, dated December 22, 1977)”
Despite these obligations set forth in the CLT, the regulatory provisions were not established bythe Ministry of Labor and Employmentuntil June 8, 1978, through Administrative Order No. 3,214.
On that occasion, 28 regulatory standards were approved, with the aim of establishing standardized procedures and rules regarding employee health and safety.
How many NRS are there currently?
In 1978, the year the Ministry of Labor and Employment approved the first regulatory standards, there were 28 in total. However, over the years, new mandatory procedures have been added, and there are currently 35 NRs in effect.
As of 2019, there were 37 NRs, but NR 2 (Preliminary Inspection) was repealed in July of that year, and in 2020, NR 27—Professional Registration of Occupational Safety Technicians—was also repealed, leaving a total of 35 regulatory standards.
What are the different types of regulatory standards?
According toAdministrative Order No. 787, dated November 27, 2018, Article 3 specifies that there are threetypes of NR:
Section 3. NRs are classified as general, special, and sector-specific standards.
Each is based on compliance with procedures relating to “occupational safety and health and general working conditions,” as provided for in Article 1 of the same ordinance.
General
General regulatory provisions are those that govern and regulate the legal relationship provided for by law, as stated in Article 3, paragraph 1, of Ordinance No. 787:
“1. Rules that govern aspects arising from the legal relationship established by the Act, without being subject to other requirements such as specific activities, facilities, equipment, or economic sectors and activities, are considered general.”
Specials
It is the same Administrative Order No. 787, in paragraph 2, that sets forth the special regulatory provisions, with requirements focused on the performance of the work:
“2. Regulations governing the performance of work are considered special when they take into account the activities, facilities, or equipment involved, without being limited to specific economic sectors or activities.”
Industry-specific
Finally, sector-specific regulatory standards are described in subsection 3 of the same article cited above, which defines them as legal obligations related to specific sectors or economic activities:
“3. Sector-specific regulations are those that govern the performance of work in specific economic sectors or activities.”
Which regulatory standards have been updated recently?
Year after year, due to the significant changes and developments in the labor market that affect labor relations, regulatory standards need to be updated or even repealed. In 2019 and 2020, some of these NRs were updated.
Below you will find theupdated NRs, an explanation of what each standard means based on its administrative order and general provisions, and a summary of the changes.
NRS updated in 2020
NR 01 – General Provisions
1.1.1 The purpose of this Standard is to establish the general provisions, scope, terms, and definitions common to the Regulatory Standards (NRs) pertaining to occupational safety and health.
The main change in this regulation is the requirement that companies establish a Risk Management Program (RMP), with the exception of MEI companies, which are not required to do so.
Small businesses and microenterprises, however, are exempt from this requirement provided they do not expose their employees to risk levels 1 and 2—that is, exposure to biological, chemical, and physical agents
NR 07 – Occupational Health Medical Surveillance Programs – PCMSO
7.1.1 This Regulatory Standard (NR) requires all employers and institutions that hire workers as employees to develop and implement the Occupational Health Medical Surveillance Program (PCMSO), with the aim of promoting and preserving the health of their entire workforce.
The change regarding NR 07 eliminates the requirement that the physician leading the Occupational Health Medical Control Program (PCMSO) be affiliated with occupational safety.
MEI, ME, and EPP companies, which are not required to establish an Occupational Health and Safety Program (PCMSO), must cover the costs of pre-employment, periodic, and post-employment medical examinations for their employees every two years.
NR 18 – Working Conditions and Environment in the Construction Industry
18.1.1 This Regulatory Standard (NR) establishes administrative, planning, and organizational guidelines aimed at implementing control measures and preventive safety systems in work processes, working conditions, and the work environment within the construction industry.
The latest update to the regulatory standards in 2020 concerns NR 18, which actually underwent the most changes. The main change is that construction companies are now required to establish an Occupational Risk Management Program
NRS updated in 2019
The year 2019 brought several changes to regulatory standards. In total, 17 NRs were updated.
NR-1 – General Provisions (Regulation cited above)
The main update to NR 1 in 2019 concerns worker training in occupational safety and health, offered in two formats: distance learning and blended learning.
NR-2 – Preliminary Inspection (Revoked)
In 2019, NR 2 was repealed with the aim of making it easier for entrepreneurs to operate and reducing the red tape involved in setting up new businesses.
This is because, with this update, these establishments can open without having to apply to the MTb (regional agency) for approval of their facilities.
NR-5 – CIPA
5.1 The Internal Commission for Accident Prevention (CIPA) aims to prevent work-related accidents and illnesses, with a view to ensuring that work is consistently compatible with the preservation of life and the promotion of workers’ health.
The main change in NR 5 was that some of the articles in this regulatory standard were repealed; these articles had specified who was authorized to provide training for CIPA. Two of the articles that were repealed read as follows:
5.35 Training may be provided by the company’s Occupational Health and Safety Service (SESMT), an employer organization, a workers’ organization, or a professional with expertise in the topics covered.
5.37 If noncompliance with the provisions regarding training is established, the decentralized unit of the Ministry of Labor and Employment shall order that the training be supplemented or that another training session be conducted, which must be carried out within a maximum of thirty days from the date the company is notified of the decision.
NR-10 – Safety in Electrical Installations and Services
10.1.1 This Regulatory Standard (NR) establishes the minimum requirements and conditions for the implementation of control measures and preventive systems, in order to ensure the safety and health of workers who, directly or indirectly, work with electrical installations and electrical services.
With the repeal of two articles, NR 10 removed the requirement that employees must stop working to notify their supervisors if they are exposed to any safety or health risk.
NR-12 – Workplace Safety for Machinery and Equipment
12.1.1 This Regulatory Standard – NR and its annexes define technical references, fundamental principles, and protective measures to safeguard the health and physical integrity of workers and establish minimum requirements for the prevention of occupational accidents and diseases during the design and use of machinery and equipment, as well as during their manufacture, import, sale, display, and transfer in any capacity, across all economic activities.
Most of the updates made to NR 12 were intended to provide companies with greater legal certainty and facilitate their operations in the context of Industry 4.0, which focuses primarily on process efficiency through the use of automation.
The updates to this NR have relaxed compliance requirements to accommodate changes, making it easier for companies to invest and adapt to the demands of their own growth.
Is it mandatory to follow an NR?
Yes! Government agencies, as well as public and private companies, must comply with the guidelines set forth in the regulatory standards, as stated inNR-1, section 1.2.1.1:
“1.2.1.1 Compliance with the NRs is mandatory for organizations and public agencies in the direct and indirect branches of government, as well as for bodies within the Legislative, Judicial, and Public Prosecutor’s branches that employ staff governed by the Consolidated Labor Laws (CLT).”
Article 158 of the law, in paragraph 1, reiterates this requirement that employees must“comply with safety and occupational health standards,” andemphasizes thatemployeeswho refuse to follow regulatory standards“are committing a violation.”
An employee’s unjustified refusal to follow the procedures and guidelines provided by the company, based on regulatory standards, constitutes a violation:
“a) compliance with the instructions issued by the employer in accordance with item II (instructing employees, through work orders, on the precautions to be taken to prevent workplace accidents or occupational illnesses);
(b) the use of personal protective equipment provided by the company.”
What happens if a regulatory standard is not met?
A company’s failure to comply with regulatory standards can result in numerous negative consequences for both the company and its employees in general.
Anyone who fails to comply with the mandatory procedures set forth in the NRs may be held liable under administrative, social security, labor, tax, civil, and even criminal law.
Liabilities may take the form of fines imposed by the Ministry of Labor, payments for hazard and health hazard allowances, medical expenses, and lifetime pensions, among others.
In addition, the company may even be held liable for bodily injury or homicide if an employee dies as a result of a workplace accident.
The legal obligations regarding the NRs and occupational safety and health, as they pertain to employers and employees, are set forth in Articles157 and 158 of the CLT,cited earlier in this document, which outline the responsibilities of each party in this regard.
Conclusion
As you can see from this article, all companies have a duty to maintain a healthy work environment for their employees.
To meet this obligation, however, companies must adhere to regulatory standards. These standards make it possible to establish uniform safety guidelines so that employees can perform their duties without putting themselves at risk.
While the company is responsible for training its employees, employees must also comply with the established rules. If they fail to do so, they may be found to have committed a violation and may be disciplined by the company.
However, given the complexity of the NRs, it is essential that the company have professionals who understand how these standards work.
This way, the company can ensure that its employees comply with these rules, thereby protecting the company itself from failing to meet its legal obligations in this regard.
Since failure to comply with these regulations can lead to problems for both the company and the employer—ranging from fines to more severe measures such as criminal charges in the event of serious accidents.
Finally, regulatory standards help ensure that workplace safety and employee protection are maintained as part of the company’s daily operations, fostering a healthy environment in which employees can fulfill their duties and obligations as required by law.
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