With the intention of modernizing the Regulatory Standards (NRs) for Occupational Health and Safety and increasing the productivity and competitiveness of Brazilian companies while protecting workers, Ordinances 30 and 2019 of the Special Secretariat for Social Security and Labor of the Ministry of Economy were issued on July 915, 916.
These changes envisioned by the Federal Government promise to be the first stage of a project that seeks to make regulations more flexible and less bureaucratic, which, in some way, represent an obstacle to Brazil's economic growth.
There are currently 36 NRs in force that consist of a compilation of obligations, rights and duties related to occupational safety and that must be observed by employers and workers in order to prevent illnesses and avoid workplace accidents.
As part of this Federal Government project — which aims to review all 36 NRs by the end of 2021 — this first stage aimed to change the provisions of two NRs and revoke a third through revisions approved by the Permanent Tripartite Committee, made up of members of the Government, employers' representatives and workers' representatives.
Among the NRs that have already undergone changes are (i) NR-1, which contains general provisions, guidelines for interpreting other NRs, and provides for differentiated treatment for MEI, ME, and EPP; and (ii) NR-12, which regulates the handling of machinery and equipment. NR-2, which addressed prior inspections of business establishments, was revoked by the bill with the aim of reducing bureaucracy in this area and reducing government intervention in the private sector.
In addition to the review of the NRs, the Federal Government's project also establishes a schedule for the modernization, consolidation and harmonization of ordinances, normative instructions and decrees on labor standards, including the consolidation of presidential decrees regarding the promulgation of International Labor Organization Conventions ratified by Brazil.
Despite the official schedule released by the Federal Government, replicated below, to date no other NR has been revised or revoked.
SCHEDULE:
According to the Federal Government, all current and future changes aim to reduce bureaucracy and costs for employers by making legislation more flexible, reducing the discretion of labor inspections, and consequently, reducing the rate of citations and fines. Despite the proposed changes and their impact on occupational safety standards, all companies must continue to provide safe work environments and will be directly responsible for any illnesses or accidents in the workplace, even if they comply with the new regulatory standards.
