Contents
4.1 Objective
4.2 Scope of Application
4.3 Competence, Composition and Operation
4.4 Modalities
4.5 Sizing
4.6 Registration
4.7 Final Provisions
Annex I - List of the National Classification of Economic Activities - CNAE (Version 2.0), with corresponding Risk Grade - GR
Annex II - Sizing of SESMT
4.1 Objective
4.1.1 This Standard establishes the parameters and requirements for the establishment and maintenance of the Specialized Services in Occupational Safety and Occupational Medicine - SESMT, aiming to promote workers' health and protect workers' physical integrity.
4.2 Scope of Application
4.2.1 Organizations and public bodies of direct and indirect administration, as well as bodies of the Legislative and Judicial Powers and the Public Ministry, that have employees governed by Decree-Law No. 5.452 of May 1, 1943 – Consolidation of Labor Laws (CLT), shall set up and maintain the SESMT at the workplace, in accordance with the provisions set forth in this NR.
4.2.2 The provisions of this NR shall apply to other legal labor relationships as provided by law.
4.3 Competence, Composition and Operation
4.3.1 The competences of the SESMT shall be:
a) to prepare or participate in the preparation of the risk inventory;
b) to monitor the implementation of the action plan of the Risk Management Program – PGR;
c) to implement prevention measures according to the risk classification of the PGR and in the order of priority established in Regulatory Standard No. 01 (NR-01) – General Provisions and Occupational Risk Management;
d) to prepare the work plan and monitor goals, indicators and results of occupational safety and health;
e) to assume technical responsibility for guidance on compliance with the provisions of the NR applicable to the activities performed by the organization;
f) to maintain permanent interaction with the Internal Commission for Accident and Harassment Prevention – CIPA, when existing;
g) to promote guidance, information and awareness-raising activities for workers' aimed at the prevention of work-related accidents and illnesses;
h) to immediately propose the interruption of activities and the adoption of corrective and / or control measures when verifying work conditions associated with serious and imminent risk to workerssafety or health;
i) to conduct or accompany the investigation of work-related accidents and illnesses, in accordance with the provisions of the PGR;
j) to share relevant information for the prevention of work-related accidents and illnesses with other SESMT of the same organization, as well as with CIPA, when requested;
k) to monitor and participate in the actions of the Occupational Health Medical Control Program – PCMSO, under the terms of Regulatory Standard No. 07 (NR-07).
4.3.2 The SESMT shall be composed of an occupational physician, occupational safety engineer, occupational safety technician, occupational nurse and occupational nursing assistant/technician, in compliance with Annex II.
4.3.3 Professionals of the SESMT shall have professional training and professional registration in accordance with the professional regulations and normative instruments issued by the respective professional council, where applicable.
4.3.4 The SESMT shall be coordinated by one of its own professional members.
4.3.5 The occupational safety technician and the occupational nursing assistant/technician shall dedicate forty-four hours per week to SESMT activities, in accordance with Annex II, observing the provisions of applicable legislation, collective labor agreements and conventions, including those related to working hours.
4.3.6 In the individual SESMT modality, if the organization has more than one occupational safety technician as per the sizing set forth in this NR, work shifts must be arranged to ensure coverage by at least one such professional in every shift with one hundred and one or more workers for risk grade 3 activities, and fifty or more workers for risk grade 4 activities, without increasing the number of professionals established in Annex II.
4.3.7 The occupational safety engineer, occupational physician and occupational nurse shall dedicate a minimum of fifteen hours (part-time) or thirty hours (full-time) per week to SESMT activities, in accordance with Annex II, complying with applicable legislation in force, within the establishment's business hours.
4.3.7.1 Regarding the professionals referred to in item 4.3.7, to perform SESMT activities on a full-time basis, the organization may hire more than one professional, provided that each dedicates at least half of the weekly working hours.
4.3.8 SESMT professionals are prohibited from performing activities outside the duties set forth in item 4.3.1 of this NR and other NR standards during their working hours for this service.
4.3.9 The organization shall guarantee the necessary means and resources for the fulfillment of the SESMT's objectives and duties.
4.4 Modalities
4.4.1 The SESMT shall be established in individual, regionalized or state modality.
4.4.1.1 Regardless of its modality, the SESMT shall serve establishments located within the same federative unit, except as provided in item 4.4.5.
4.4.2 The organization shall set up an individual SESMT when it has an establishment classified under Annex II of this NR.
4.4.3 The organization shall establish a regionalized SESMT when it has one establishment covered by Annex II and other establishments not covered; the covered establishment shall extend occupational safety and health assistance to the others, and its sizing shall consider the total number of workers served, as well as the provisions of item 4.5.1 and its subitems.
4.4.3.1 When there is more than one establishment covered by Annex II, the company may set up more than one regionalized SESMT.
4.4.4 The organization shall establish a state-level SESMT when the total number of workers from all establishments in the same federative unit reaches the limits set out in Annex II, provided that no individual establishment meets the criteria alone, observing item 4.5.1 and its subitems.
4.4.5 One or more organizations with the same economic activity, located in the same municipality or in neighboring municipalities, even in different federative units——whose establishments fall under Annex II, may set up a shared SESMT, organized by the interested parties themselves or under the terms of collective labor agreements.
4.4.5.1 The shared SESMT may be extended to organizations whose establishments do not qualify under Annex II; its sizing must consider the total number of assisted workers and comply with item 4.5.1 and its subitems.
4.4.5.2 Workers covered by a shared SESMT shall not be included in the calculation base for sizing other SESMT modalities.
4.5 Sizing
4.5.1 The sizing of the SESMT is linked to the number of employees of the organization and to the highest risk grade among the main economic activity and the prevailing economic activity of the establishment, in accordance with Annex I and Annex II, observing the exceptions provided for in this NR.
4.5.1.1 The main economic activity is the one registered in the National Legal Entity Register – CNPJ.
4.5.1.2 The prevailing economic activity is the one that employs the largest number of workers.
4.5.1.2.1 In case of distinct economic activities with the same number of workers, the one with the higher risk grade shall be considered prevailing.
4.5.2 When hiring a third-party service provider, the contractor's SESMT shall be sized considering the total number of the contractor's own employees plus the workers of the contracted companies, whenever the work is performed on a non-occasional basis at the contractor's premises or at a location previously agreed in the contract, in compliance with item 4.5.1 and its subitems.
4.5.2.1 For the purposes of this NR, occasional work is understood as work arising from a future and uncertain event.
4.5.2.2 Contracted company workers already covered by their own SESMT shall be excluded from the sizing calculation of the contractor's SESMT.
4.5.3 The sizing of regionalized or state-level SESMT with establishments of different risk grades shall consider the sum of workers from all served establishments.
4.5.3.1 For Microenterprises (ME) and Small-Sized Enterprises (EPP) establishments classified as risk grade 1 and 2, half of the workforce of these establishments shall be counted for sizing purposes.
4.5.4 For sizing purposes, construction sites and work fronts with fewer than one thousand workers located within the same federative unit are not considered independent establishments, but part of the main engineering company, which shall be responsible for organizing the SESMT.
4.5.4.1 For the application of item 4.5.4:
a) occupational safety engineers, occupational physicians and occupational nurses may be centrally allocated;
b) the sizing of occupational safety technicians and occupational nursing assistants/technicians shall be defined per construction site or work front, in accordance with Annex II.
4.5.4.2 The organization shall ensure that the SESMT, in the exercise of its duties, covers all construction sites and work fronts.
4.5.5 For contracting companies, the place where their employees perform activities shall be considered an establishment for the purposes of this NR.
4.5.6 For organizations that already have a constituted SESMT under any modality, if the hiring of fixed-term workers requires an increase in SESMT sizing, the SESMT shall be supplemented during the period of workforce increase to comply with Annex II.
4.6 Registration
4.6.1 The organization shall register the SESMT referred to in this NR through the electronic system available on the gov.br portal.
4.6.1.1 The organization shall inform and keep updated the following data:
a) Individual Taxpayer Identification Number – CPF of the professionals composing the SESMT;
b) qualification and professional registration number of the professionals;
c) established risk grade, in accordance with item 4.5.1 and its subitems, and the number of workers served per establishment;
d) working hours of the SESMT professionals.
NR-4 – Specialized Services in Occupational Safety and Occupational Medicine
