Contents
1.1 Objective
1.2 Scope of Application
1.3 Competencies and Structure
1.4 Rights and Obligations
1.5 Occupational Risk Management
1.6 Provision of Digital Information and Document Digitization
1.7 Occupational Safety and Health Qualification and Training
1.8 Differentiated Treatment for Individual Microentrepreneur - MEI, Microenterprise - ME and Small Sized Enterprise - EPP
1.9 Final Provisions
Annex I - Terms and Definitions
Annex II - Guidelines and Minimum Requirements for the Use of Distance and Semi-presential Teaching Mode
1.1 Objective
1.1.1 This Standard aims to establish the general provisions, scope of application, common terms and definitions for Regulatory Standards - NR related to occupational safety and health, as well as the guidelines and requirements for occupational risk management and prevention measures of Occupational Safety and Health - SST.
1.1.2 For the application of Regulatory Standards - NR, the terms and definitions set forth in Annex I shall prevail.
1.2 Scope of Application
1.2.1 In accordance with the law, the NR shall bind employers and employees in urban and rural areas.
1.2.1.1 The NR are mandatory for organizations and public bodies of direct and indirect administration, as well as bodies of the Legislative, Judiciary and Public Prosecutor's Office that have employees governed by the Consolidation of Labor Laws - CLT.
1.2.1.2 The provisions of the NR shall apply to other legal relationships as stipulated by law.
1.2.2 Compliance with the NR does not exempt organizations from complying with other provisions on the subject contained in state or municipal building codes and health regulations, as well as those derived from collective labor conventions and agreements.
1.3 Competencies and Structure
1.3.1 The Secretariat of Labor - STRAB, through the Subsecretariat of Labor Inspection - SIT, is the national competent authority for occupational safety and health, responsible for:
a) Formulating and proposing guidelines and operational norms, and supervising activities in the field of worker safety and health;
b) Promoting the National Campaign for the Prevention of Occupational Accidents - CANPAT;
c) Coordinating and supervising the Worker Food Program - PAT;
d) Promoting the inspection of compliance with legal and regulatory provisions on Occupational Safety and Health - SST throughout the national territory;
e) Participating in the implementation of the National Policy on Occupational Safety and Health - PNSST;
f) Judging at the final instance ordinary appeals and ex officio appeals against decisions issued by the regional competent authority on occupational safety and health, unless otherwise expressly provided.
1.3.2 Within the scope of their competence, the SIT and its subordinate regional bodies shall be responsible for:
a) Inspection of compliance with legal and regulatory provisions on occupational safety and health;
b) Activities related to CANPAT and PAT.
1.3.3 The competent regional labor authority shall impose applicable penalties for non-compliance with legal and regulatory provisions on occupational safety and health.
1.4 Rights and Obligations
1.4.1 The employer shall:
a) Comply with and implement the legal and regulatory provisions on occupational safety and health;
b) Inform workers:
I. The occupational risks existing in the workplace;
II. The prevention measures adopted by the company to eliminate or reduce such risks;
III. the results of medical examinations and complementary diagnostic tests to which the workers themselves are submitted;
IV. the results of environmental assessments carried out in the workplace.
c) prepare occupational safety and health work instructions and make them known to workers;
d) allow workers' representatives to accompany the inspection of legal and regulatory provisions on occupational safety and health;
e) establish procedures to be adopted in the event of work-related accidents or illnesses, including the analysis of their causes;
f) provide the Labor Inspection with all information related to occupational safety and health;
g) implement prevention measures, after consulting workers, in accordance with the following order of priority:
I. elimination of risk factors;
II. minimization and control of risk factors through the adoption of collective protection measures;
III. minimization and control of risk factors through administrative or work organization measures;
IV. adoption of personal protection measures.
1.4.1.1 Organizations required to set up CIPA under NR-05 shall adopt the following measures, in addition to any other necessary measures, to prevent and combat sexual harassment and other forms of violence in the workplace:
a) Include rules of conduct regarding sexual harassment and other forms of violence in the company's internal regulations, and widely disclose their contents to all male and female employees;
b) Establish procedures for receiving and following up on complaints, investigating facts, and where applicable, imposing administrative sanctions on direct and indirect persons responsible for acts of sexual harassment and violence, ensuring the anonymity of the complainant, without prejudice to applicable legal procedures;
c) Conduct training, guidance and awareness-raising activities at least every 12 months for male and female employees at all hierarchical levels of the company on issues related to violence, harassment, equality and diversity in the workplace, in accessible, appropriate formats that ensure maximum effectiveness of such actions.
1.4.2 The worker shall:
a) Comply with the legal and regulatory provisions on occupational safety and health, including work instructions issued by the employer;
b) Undergo medical examinations provided for in the NR;
c) Cooperate with the organization in the application of the NR;
d) Use the personal protective equipment provided by the employer.
1.4.2.1 Unjustified refusal by the worker to comply with the provisions set forth in the preceding paragraphs shall constitute a disciplinary offense.
1.4.3 A worker may suspend their activities when identifying a work situation that, on reasonable grounds, involves a serious and imminent risk to their life or health, and shall immediately inform their hierarchical superior.
1.4.3.1 The employer may not require workers to resume activities until corrective measures have been implemented for the situation posing serious and imminent risk to their life or health.
1.4.3.2 The worker shall be protected from unjustified consequences arising from the suspension provided for in the main paragraph of item 1.4.3 of this NR.
1.4.3.3 The worker shall immediately report to their hierarchical superior any work situations that pose a serious and imminent risk to their own life and health, as well as to third parties.
1.4.4 Every worker, upon admission or when changing roles that involve a change in risk, shall receive information on:
a) the existing or potential occupational risks in the workplace;
b) the means to prevent and control such risks;
c) the measures adopted by the organization;
d) the procedures to be adopted in emergency situations;
e) the procedures to be adopted in accordance with subitems 1.4.3 and 1.4.3.1.
1.4.4.1 The information may be provided:
a) during training sessions;
b) through safety briefings, physical or electronic documents.
