Requirements for the extension of working hours in unhealthy activities

Brazilian Ministry of Labor and Employment (MTE) published Ordinance No. 702, which determines the prerequisites necessary to extend the working hours in unhealthy activities and defines the information that must be included in requests. The analysis of the requests will consider the possible impacts on the workers’ health and the amount of occupational diseases and accidents occurred in the company. Employers with high numbers will have their applications refused.

Unhealthy activity

According to Ordinance, the authorization request for the extension of working hours in unhealthy activity must be submitted with the following information to the head of health and safety unit of the Regional Superintendent of Labor and Employment :

a) identification of the employer and the establishment, containing corporate name, CNPJ, address, CNAE and the number of employees;
b) indication of functions, sectors and shifts whose working hours will be extended, with the number of employees;
c) description of regular working hours and indication of intended extension time; and
d) list of unhealthy agents, with identification of source, level or concentration and description of the control measures adopted.

The analysis of the request will consider the possible impact of the extension on the workers’ health, and the acceptance of the application is conditioned to the compliance with the following requirements:

a) absence of breach of the Regulatory Standards that may comprise the health or physical integrity of the workers;
b) adoption of a system of breaks during work, when provided in Regulatory Standards, and the conditions in which they are granted;
c) strict compliance with the intervals set out in legislation; and
d) consent of the workers through Collective Bargaining or Labor Agreement.

The validity of the authorizations will not exceed five (5) years.