Bruna Zampieri Colpani
Lawyer at Marcos Martins Advogados
The Regulatory Norms – NR’s are a set of guidelines and technical procedures related to the safety and health of workers in the performance of their duties. Their main objectives are to instruct employees and employers on precautions to avoid accidents at work or the appearance of occupational diseases, through the preservation and promotion of physical integrity. Currently, the Brazilian legal system has 37 Regulatory Norms.
The constant evolution of society and labor relations, even more so with the pandemic, has led to several changes in the workplace, which has motivated the creation of a Commission to review and update some NR’s, with a view to improving workers’ health and safety processes.
The establishment of this Commission, made up of representatives from the government, workers and employers, resulted in the updating of NR’s 1 (General Provisions), 7 (Occupational Health Medical Control Program), 9 (Assessment and Control of Occupational Exposure to Physical, Chemical and Biological Agents) and 18 (Safety and Health at Work in the Construction Industry).
The most important update to NR-1 is the requirement to draw up a Risk Management Program (PGR) and the establishment of new rules for assessing hazards and risks in the workplace, as well as the obligation to map and implement procedures in the event of emergency scenarios, in addition to fire prevention measures.
As a result of these changes to the general provisions (NR-1), NR-7 now establishes that the PCMSO – Occupational Health Medical Control Program may have a doctor who is not an occupational safety specialist in charge. NR-9 removed the mandatory nature of the PPRA – Environmental Risk Prevention Program, becoming more technical in establishing the methodologies applied to prevent physical, biological and chemical risks. However, if the PPRA is not drawn up and implemented, the creation of the PGR is mandatory, which in this case will be more technical in establishing the methodologies applied to prevent physical, biological and chemical risks.
But that’s not all. The Commission set up to make changes to the NR’s decided to establish differentiated treatment for MEIs – Individual Micro-entrepreneurs, MEs – Micro-enterprises, and EPPs – Small Businesses, with grade I and II risks that do not involve environmental, physical, biological or chemical risks. Thus, after January 2022, companies that fall into these categories do not need to set up the PGR, nor do they have the obligation to draw up the PCMSO, however, for this reason, they are obliged to carry out and pay for occupational medical examinations on admission, dismissal and periodic examinations (only examinations that assess health issues related to the work carried out), every two years, for all their employees.
Last but not least, NR-18, which deals specifically with the construction industry, has also undergone changes with regard to the PGR. Construction companies are now obliged to draw up the PGR – Occupational Risk Management Program, instead of the Program for Working Conditions and Environment in the Construction Industry (PCMAT). In addition, a minimum workload table has been established for each activity carried out on a construction site, and work involving major welding or waterproofing requires the supervision of a safety professional.
Therefore, due to the recent changes, which have been valid since January 2022, it is highly recommended that companies seek legal advice on the correct application and any adjustments to be implemented, and Marcos Martins Advogados is prepared to provide legal advice to its clients.
