Jayme Petra de Mello Neto
Lawyer at Marcos Martins Advogados
In a unanimous decision, the Sixth Panel of the Superior Labor Court ordered a company to pay a medium degree of unhealthy work to an employee who used a hearing protector with an expired proof certificate. According to the minister who reported the appeal, it was found that the protector had been provided throughout the period of the employment contract, but the equipment supplied did not meet the requirements of Regulatory Standard 6 of the Ministry of Labor.
NR 6 establishes, in item 6.2, that personal protective equipment may only be offered for sale or used with an indication of the certificate of approval issued by the competent national body. Therefore, if the certification is not proven, the PPE supplied by the company could not be recognized as effective in protecting workers against the existing unhealthy agent.
Therefore, in addition to the PPE delivery forms and proof of use inspections, companies will still need to prove that the PPE supplied is approved by the Ministry of Labor, by presenting the Certificate of Approval, which can be obtained from the link http://caepi.mte.gov.br/internet/ConsultaCAInternet.aspx .
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