NR 16 - Dangerous Activities and Operations

16.1 The activities and operations specified in the annexes of this Regulatory Standard-NR shall be deemed dangerous activities and operations.

16.2 Work performed under dangerous conditions entitles workers to a 30% danger allowance calculated on basic wages, excluding bonuses, rewards and enterprise profit-sharing income.

16.2.1 Employees may choose to receive the applicable unhealthy work allowance instead.

16.3 It is the employer's responsibility to confirm or cancel the identification of dangerous working conditions through technical reports issued by occupational physicians or occupational safety engineers, in accordance with Article 195 of CLT.

16.3.1 Reports confirming dangerous working conditions shall be accessible to workers, trade unions and labor inspection authorities.

16.4 The provisions of item 16.3 shall not hinder the supervision work of the Ministry of Labor nor prevent ex officio appraisal.

16.5 For the purposes of this Regulatory Standard, activities or operations involving explosives subject to the following circumstances shall be deemed dangerous:

a) chemical degradation or autocatalytic reaction;

b) influence of external factors such as heat, humidity, sparks, fire, seismic phenomena, impact and friction.

16.6 Operations for transporting liquid flammables or liquefied gaseous flammables in any containers or in bulk shall be regarded as dangerous work, excluding small-quantity transportation, with the limit of 200 liters for liquid flammables and 135 kilograms for liquefied gaseous flammables.

16.6.1 The volume of flammables stored in vehicle self-use fuel tanks shall not be calculated under this Standard.

16.6.1.1 Item 16.6 of this NR shall not apply to flammables in original and auxiliary factory fuel tanks for self-use of certified cargo vehicles, passenger transport vehicles, machinery and equipment, as well as those used in cargo refrigeration equipment.

Annex I

Dangerous Activities and Operations Involving Explosives

1. The activities and operations listed in the following Table No.1 shall be deemed dangerous activities and operations.

Table No.1

2. Workers whose activities fall under the above-mentioned circumstances shall be entitled to a 30% danger allowance calculated on basic wages, excluding bonuses, rewards and profit-sharing from the company, and shall retain the right to opt for any applicable unhealthy work allowance.

3. The following areas shall be deemed risk areas:

a) In storage locations for chemical gunpowder, pyrotechnic devices, and chemical products used in the manufacture of explosive mixtures or fireworks, the risk area is defined in Table No. 2:

Table No.2

* Maximum quantity that may not be exceeded.

b) In storage locations for initiating explosives, the risk area is defined in Table No. 3:

Table No.3

* Maximum quantity that may not be exceeded.

c) In storage locations for bursting explosives and mechanical gunpowders (black powder, chocolate or brown powder), the operation area is defined in Table No. 4:

Table No.4

d) In the case of barricaded or trenched storage facilities, the distances provided for in Table No. 4 may be halved for the purpose of delimiting the risk area.

e) A physical delimitation of the risk area shall be mandatory, understood as any obstacle preventing the entry of unauthorized persons.

NR-16 - Dangerous Activities and Operations