(Last amendment on March 12, 2009)
1.1 The Regulatory Standards (NR), relating to occupational health and safety, are obligatory for public and private companies and for direct and indirect administrations of public institutions, as well as the bodies of Legislative and Juridical Authorities having employees governed by the Consolidation of Labor Laws (CLT).
1.1.1 The provisions defined in the Regulatory Standards are applied, as appropriate, to the independent contractors, to the entities or companies taking them into the service, and to the union representatives of the respective professional categories.
1.2 The observance of the Regulatory Standards does not relieve the companies from compliance with other provisions regarding to the matter, which to be included in building codes and health regulations of the states and municipalities, and others, arising from collective labor conventions and agreements.
1.3 The Secretariat of Health and Safety at Work (SSST) is the national body responsible for coordinating, guiding, monitoring and supervising the activities related to the occupational health and safety, including the National Campaign for the Prevention of Workplace Accidents (CANPAT), Workers’ Food Program (PAT) and also the enforcement of legal and regulatory requirements on occupational health and safety throughout the country.
1.3.1 The Secretariat of Health and Safety at Work (SST) shall also meet, ultimately, mandatory or voluntary appeals, the decisions given by the Regional Labor Delegates regarding to health and safety at work.
1.4 The Regional Labor Delegate (DRT), within the limits of its jurisdiction, is the regional body responsible for carrying out activities related to occupational health and safety, including the National Campaign for the Prevention of Workplace Accidents (CANPAT), Workers’ Food Program (PAT) and also the enforcement of legal and regulatory requirements on occupational health and safety throughout the country.
1.4.1 The Regional Labor Delegate (DRT) or the Maritime Labor Delegate (DTM), within the limits of their jurisdictions, shall:
a) adopt necessary measures for the faithful observance of the legal and regulatory requirements regarding to occupational health and safety;
b) impose reasonable penalties for noncompliance with the legal and regulatory requirements regarding to occupational health and safety;
c) stop work, interdict establishment, service sectors, construction site, work front, workplaces, machines and equipments;
d) notify companies by stipulating deadlines for eliminating and/or neutralizing the unhealthy conditions;
e) meet the judicial requests for examinations on occupational health and safety in the workplaces where there is no occupational physician or occupational safety engineer registered in the Ministry of Labor.
1.5 The duty of examination and/or guidance for the companies regarding to legal and regulatory requirements on occupational health and safety can be delegated to other federal, state and municipal bodies through an agreement authorized by the Ministry of Labor.
1.6 For the purposes of implementing the Regulatory Standards (NR), consider that:
a) employer; a company or sole proprietorship which takes the risk for its economic activity, hires, remunerates and sets out the guidelines for the services provided by the employee. The self-employed professionals, charities, recreational associations or other non-profit organizations which hire workforces as employees are equivalent to employers.
b) employee; the individual who render non-recurring services to an employer, under the dependence of the employer and wage;
c) company; the establishment or group of establishments, construction sites, work fronts, workplaces and others, constituting the organizations that use the employer to reach their goals;
d) establishment; each business units functioning in different locations, such as factory, refinery, plant, office, shop, workshop, warehouse, laboratory;
e) service sector; the smallest administrative or operating unit comprised in the same establishment;
f) construction site; area of fixed or temporary work where construction, demolition or repair work is performed.
g) work front; the area of mobile or temporary work where construction, demolition or repair work is performed.
h) workplace; the area where the work is performed.
1.6.1 Where one or more companies, of which each has its own legal personality, constituting industrial, commercial or any other economic activity group, are under the management, control or administration of another company; main company and each subordinates shall be jointly responsible for the purposes of implementing the Regulatory Standards.
1.6.2 For the purposes of implementing the Regulatory Standards, the engineering work, including whether or not construction site or work front, will be considered as a different form of establishment unless a specific NR is available.
1.7 It is for the employer to:
a) comply with and enforcement of the legal and regulatory requirements regarding to occupational health and safety;
b) prepare work instructions regarding to health and safety at work, providing awareness to the employees through bulletins, posters and electronic media;
c) inform the workers of:
I – occupational hazards that may arise in the workplace;
II – the means to prevent and limits such risks and the measures taken by the company;
III – the results of medical tests and complementary diagnostic tests to which the workers are submitted;
IV – the results of environmental assessments conducted in the workplace.
d) allow employee representatives to accompany the inspection of legal and regulatory requirements regarding to occupational health and safety;
e) determine the procedures which should be adopted in case of work-related accidents or illness.
1.8 It’s for the employee to:
a) comply with legal and regulatory provisions regarding to occupational health and safety, including work instructions issued by the employer;
b) use the PPE provided by the employer;
c) undergo the medical examinations provided for in the Regulatory Standards (NR);
d) collaborate with the company in the application of the Regulatory Norms (NR);
1.8.1 Unjustified refusal of the employee to comply with the terms of preceding item constitutes misconduct.
1.9 Non-compliance with the legal and regulatory requirements regarding to occupational health and safety will entail penalties for the employer as provided in the relevant legislations.
1.10 Any omissions and the doubts raised in the implementation of Regulatory Standards will be decided by the Secretariat of Occupational Medicine and Safety (SSMT).