Contents
3.1 Objective;
3.2 Definitions;
3.3 Characterization of Serious and Imminent Risk;
3.4 Requirements for embargo and interdiction;
3.5 Final Provisions.
3.1 Objective
3.1.1 This standard establishes the guidelines for the characterization of serious and imminent risk and the objective technical requirements for embargo and interdiction.
3.1.1.1 The adoption of the aforementioned technical requirements aims at the formulation of consistent, proportional and transparent decisions.
3.2 Definitions
3.2.1 Any work condition or situation that may cause an accident or illness resulting in serious injury to the worker shall be considered a serious and imminent risk.
3.2.2 Embargo and interdiction are emergency measures adopted upon verification of a work condition or situation that constitutes a serious and imminent risk to workers.
3.2.2.1 Embargo entails the partial or total stoppage of the work site.
3.2.2.2 Interdiction entails the partial or total suspension of the activity, machine or equipment, service sector or establishment.
3.2.2.3 Embargo and interdiction may be applied to one or more of the cases referred to in items 3.2.2.1 and 3.2.2.2.
3.2.2.3.1 The Labor Audit Inspector shall apply the embargo or interdiction to the smallest unit where a situation of serious and imminent risk is identified.
3.3 Characterization of Serious and Imminent Risk
3.3.1 The characterization of serious and imminent risk shall consider:
a) the consequence, as the actual or expected potential outcome of an event, according to Table 3.1;
b) the probability, as the likelihood of the outcome occurring or ongoing, according to Table 3.2.
3.3.2 For the purposes of applying this standard, risk is expressed as a combination of the consequences of an event and the probability of its occurrence.
3.3.3 When assessing risks, the Labor Audit Inspector shall consider the consequence and the probability separately.
3.3.4 The classification of consequence and probability shall be carried out with due justification by the Labor Audit Inspector.
3.3.5 The classification of consequences shall be performed in accordance with Table 3.1 and the classification of probabilities in accordance with Table 3.2.
Table 3.1: Classification of Consequences
|
CONSEQUENCE |
GENERAL PRINCIPLE |
|
DEATH |
May lead to immediate death or death that occurs subsequently. |
|
SEVERE |
May impair physical integrity and/or health, causing permanent injury or sequelae. |
|
SIGNIFICANT |
May impair physical integrity and/or health, causing injury resulting in temporary incapacity for more than 15 (fifteen) days. |
|
MINOR |
May impair physical integrity and/or health, causing injury resulting in temporary incapacity for 15 (fifteen) days or less. |
|
NONE |
No injury or health effect. |
Table 3.2: Classification of Probabilities
|
CLASSIFICATION |
DESCRIPTION |
|
PROBABLE |
Prevention measures are non-existent or acknowledged to be inadequate.A consequence is expected, with a high probability of occurring or materializing. |
|
POSSIBLE |
Prevention measures have significant deviations or problems. There is no guarantee that the measures will be maintained.A consequence may occur, with a possibility of being realized, conceivable. |
|
REMOTE |
Prevention measures are adequate but with minor deviations. Although operational, there is no guarantee they will always or long-term be maintained.A consequence is unlikely to occur, almost improbable. |
|
RARE |
Prevention measures are adequate and guaranteed to remain so.A consequence is not expected; its occurrence is uncommon, extraordinary. |
3.3.6 In characterizing serious and imminent risk to the worker, the Labor Audit Inspector shall establish the excess risk by comparing the current risk (found situation) with the reference risk (objective situation).
3.3.7 Excess risk represents how far the current risk (found situation) is from the expected reference risk after the adoption of prevention measures (objective situation).
3.3.8 Table 3.3 shall be used by the Labor Audit Inspector in case of individual exposure or a small number of potential victims exposed to the assessed risk.
3.3.9 Table 3.4 shall be used for the assessment of situations where risk exposure may result in injury or illness to multiple victims simultaneously.
3.3.10 The descriptors of excess risk are: E – extreme, S – substantial, M – moderate, P – slight or N – none.
3.3.11 To establish the excess risk, the Labor Audit Inspector shall follow the following steps:
a) First step: assess the current risk (found situation) arising from the verified circumstances, taking into account the existing control measures, namely the total risk level observed or considered to exist in the activity, using the classification indicated in the left columns of Tables 3.3 or 3.4;
b) Second step: establish the reference risk (objective situation), namely the residual risk level upon implementation of the necessary prevention measures, using the classification in the bottom rows of Tables 3.3 or 3.4;
c) Third step: determine the excess risk by comparing the current risk and the reference risk, locating the intersection of the two risks in Table 3.3 or 3.4.
3.3.12 For both current risk and reference risk (defined in the first and second stages respectively), the consequence shall be determined first, followed by the probability of the consequence occurring.
3.3.12.1 Work conditions or situations provided for in regulatory standards shall be considered as the objective situation (reference risk).
3.3.12.2 The Labor Audit Inspector shall always consider the consequence with the highest predictability of occurrence.
