NR4 - Specialized Services in Occupational Health and Safety (SESMT)

(Last amendment on April 29, 2016)

4.1 The public and private companies, the public institutions of direct and indirect administrations, Legislative and Juridical Authorities which have employees governed by the Consolidation of Labor Laws (CLT) shall retain Specialized Services in Occupational Health and Safety Engineering in order to promote health and protect integrity of the workers in the workplace.

4.2 The size of the Specialized Services in Occupational Health and Safety Engineering is linked to the risk level of the main activity and the total number of employees of establishment, as shown in Table I and II, subject to the exceptions in this NR4.

4.2.1 For sizing purposes, the construction sites and the work fronts with less than 1 (one) thousand employees and located in the same state, territory or federal district shall not be considered as establishments, but as members of main engineering company responsible for organizing Specialized Services in Occupational Health and Safety Engineering.

4.2.1.1 In this case, occupational safety engineers, occupational physicians and occupational nurses might be centralized.

4.2.1.2 The number of occupational safety technicians and auxiliary occupational nurses shall be determined according to construction site or work front, as shown in Table II.

4.2.2 The companies with more than 50% (fifty percent) of its employees in establishments or active sectors whose risk level is higher than the main activity shall scale the Specialized Services in Occupational Health and Safety Engineering according to higher risk level complying with the provision in Table II.

4.2.3. The company may constitute centralized Specialized Services in Occupational Health and Safety Engineering to assist a number of establishments belong to it, provided that the distance between the location of the services and each other locations does not exceed 5000 (five thousand) meters. The size of the service shall comply with the total number of employees and risk level according to Table I and sub-item 4.2.2.

4.2.4 If the company has establishment(s) that do not fall within Table II while it has other establishment(s) falls within Table II, the service for this establishment(s) will be provided by specialized services of others which sized according to sub-item 4.2.5.1 and 4.2.5.2. as long as they are located in same state, territory or federal district.

4.2.5 If the company has establishments which alone does not fall within Table II, the compliance with this NR will be provided by Specialized Services in Occupational Health and Safety Engineering centralized in each state, territory or federal district, provided that the total number of employees of the establishments in the state, territory or federal district reaches the limits specified in Table II, applied the provisions of sub-item 4.2.2.

4.2.5.1 For companies classified in risk level 1, the size of the services referred in sub-item 4.2.5 shall comply with Table II, considering the sum of employees located in the establishment where the largest number of employees are employed and the arithmetic mean of the number of employees in other establishments as the number of employees. All professionals of the Specialized Services in Occupational Health and Safety Engineering, thus constituted, shall be full time members.

4.2.5.2 For companies classified in risk level 2, 3 and 4, the size of services referred in sub-item 4.2.5 shall comply with Table II, considering the sum of employees in all establishments as the number of employees.

4.3 The companies classified in risk level 1 are obliged to constitute Specialized Services in Occupational Health and Safety Engineering and those having other engineering and medical services will be able to integrate these services with Specialized Services in Occupational Health and Safety Engineering constituting a unique engineering and health service.

4.3.1 The companies that opt for the unique engineering and medical services are obliged to prepare and submit a two-year occupational health and safety program for approval of the Secretariat of Occupational Health and Safety until March 30th.

4.3.1.1 The new companies that have been established after March 30th of each year will constitute the unique service mentioned in sub-item 4.3.1, prepare and submit their program to the Secretariat of Occupational Health and Safety within 90 (ninety) days after their installations.

4.3.1.2 The new companies, members of business groups that already have unique service, will be assisted by that service after notice to the DRT.

4.3.2 The Secretariat of Occupational Health and Safety reserves the right to monitor the implementation of the program and to assess its effectiveness.

4.3.3 The unique medical and engineering service shall have specialized professionals provided in Table II.

4.3.4 The size of the unique medical and engineering service shall comply with Table II, with regard to specialized professionals.

4.4 Specialized Services in Occupational Health and Safety Engineering shall be composed of Occupational Physician, Occupational Safety Engineer, Occupational Safety Technician, Occupational Nurse and Occupational Nursing Auxiliary or Technician in accordance with Table II.

4.4.1 The professional members of SESMT shall have training and professional registration in accordance with occupational regulations and normative instruments issued by relevant Professional Counsel, if any.

4.4.1.1 Regarding to categories mentioned in paragraphs “a” and “e”, the provisions in Law no 7.410 (November 27th, 1985) shall be observed.

4.4.2 The professional members of the Specialized Services in Occupational Health and Engineering Service shall be employees of the company, except in the cases provided in item 4.14 and 4.15.

4.5 The company, that hires other(s) to provide services in establishments classified in Table II, shall provide its Specialized Services in Occupational Health and Safety Engineering to the employee(s) of the contractor(s), when the number of employees of the contractor(s) that carry out activities in those establishments does not reach the limits specified in Table II. The contractor also shall comply with sub-item 4.2.5.

4.5.1 When the contracting company and its contractor(s) do not fall within the Table II, but the total number of employees of both companies in the establishment reaches the limits referred in Table II, a joint specialized service in occupational health and safety engineering shall be established in the manner of item 4.14.

4.5.2 When the contractor does not fall within the Table II, even considering the total number of employees in the establishments, the contracting party shall provide its Specialized Services in Occupational Health and Safety Engineering to the employees of the contractor, whether they are located in center or in establishments.

4.5.3 The company that contracts other(s) to perform services in its establishment may constitute a joint SESMT for assistance to the employees of the contractor under its management, if so provided in Collective Labor Convention or Agreement.

4.5.3.1 The size of the SESMT organized in the manner specified in sub-item 4.5.3 shall consider the sum of the assisted workers and economic activity in the establishment of the contracting company.

4.5.3.2 In case laid down in item 4.5.3, the number of employees of the contracted company whom assisted by joint SESMT in the establishment of contracting company, is not included in the calculation for sizing the SESMT of the contracted company.

4.5.3.3 The SESMT, which is organized according to sub-item 4.5.3, shall be functionally evaluated on semi-annual basis by a Committee comprised of representatives of the contractor, the worker unions and the Regional Labor Delegation, or in the form and frequency provided in Collective Labor Convention or Agreement.

4.6 The size of the Specialized Services in Occupational Health and Safety Engineering of the companies operating on seasonal basis shall be calculated in accordance with Table I and Table II, taking the arithmetic mean of the number of employees in the previous calendar year in account.

4.7 The Specialized Services in Occupational Health and Safety Engineering shall be led by a qualified professional in accordance with the requirements specified in sub-item 4.4.1 of this Regulatory Standard.

4.8 Occupational safety technician and occupational nursing assistant shall devote 8 (eight) hours a day for the activities of Specialized Services in Occupational Health and Safety Engineering in accordance with the provisions of Table II.

4.9 The occupational safety engineer, the occupational physician and the occupational nurse shall devote minimum 3 (three) hours (part-time) or 6 (six) hours (full-time) a day for the activities of Specialized Services in Occupational Health and Safety Engineering in accordance with the provisions of Table II, complied with the relevant legislation in effect.

4.9.1 Regarding to the occupational physician, in order to comply with the activities of Specialized Services in Occupational Health and Safety Engineering in a full-time term, the company may hire more than one professional provided that each devote at least 3 (three) hours work, requiring the sum of the daily hours worked by all to be minimum 6 (six) hours.

4.10 The professional specializing in Occupational Health and Safety is prohibited from engaging in other activities in the company during the time of their work in Services Specialized in Occupational Health and Safety Engineering.

4.11 All the expenses arising from installation and maintenance of the Specialized Services in Occupational Health and Safety Engineering shall be for the exclusive account of the employer.

4.12 It is incumbent upon the professional members of Specialized Services in Occupational Health and Safety Engineering to:

a) apply their knowledge on occupational health and safety engineering to the workplace and all its components, including machines and equipments, in order to reduce or even eliminate the existing risks to the health of the workers;
b) determine the use of Personal Protective Equipment (PPE) by the worker in accordance with the NR6 when all known measurements to reduce or eliminate the risk are inadequate, provided that the concentration, intensity or characteristics of the agent requires it.
c) collaborate in design and implementation of new physical and technological facilities of the company exercising the willing competency in the paragraph “a”, when required;
d) be technically responsible for guidance regarding to compliance with the provisions in this NR applied to the activities undertaken by the company and/or its establishments;
e) keep permanent relationship with the CIPA, taking maximum advantage of its comments, in addition to support, train and assist it, as set forth in NR5;
f) promote the realization of awareness raising activities, training and guidance for the workers in order to prevent the occupational illnesses and accidents through campaigns as a permanent term programs;
g) clarify and raise awareness of the employers’ on occupational illness and accident, encouraging them in favor of prevention;
h) analyze and log all the accidents, with our without any victim, occurred in the company or establishment, and all the occupational illness cases in special document(s), describing the history and characteristics of the accident and/or occupational illness, the environmental factors, the characteristics of the agent, the condition of the individual(s) expose to the occupational illness or accident;
i) monthly register the updated data of occupational accidents, occupational illnesses and hazardous agents by filling, as a minimum, the requisites described in the templates contained in Table III, IV, V and VI. The company shall submit an annual evaluation of the same data to the Secretariat of Occupational Health and Safety until January 31th, through regional body of the Ministry of Labor.
j) keep the records mentioned in paragraphs “h” and “i” in the office of Specialized Services in Occupational Health and Safety Engineering or an easily reachable place according to company’s archiving and retrieval method, provided that access to the records and understanding of their contents is ensured. Annual evaluation forms corresponding to the paragraphs “h” and “i” shall be kept for a period not less than 5 (five) years.
l) the activities of the professional members of Specialized Services in Occupational Health and Safety are only preventionist, although emergency care is not prohibited when it becomes necessary. However, the development of plans to control the effects of disasters, the availability of measurements aimed at firefighting, and rescue and immediate attention to the victims of any accident are included in their activities when it becomes necessary.

4.13 The Specialized Services in Occupational Health and Safety Engineering shall keep permanent engagement with the CIPA, take advantage of it, examine its comments and requests proposing corrective and preventive solutions as provided in sub-item 5.14.1. of NR5.

4.14 The companies, whose establishments do not fall within the Table II, may provide assistance in occupational health and safety to their employees through joint Specialized Services in Occupational Health and Safety organized by the union or association of the corresponding economic category or by interested companies themselves.

4.14.1 The maintenance of these Specialized Services in Occupational Health and Safety Engineering shall be made by user companies that will participate in the expenditure in proportion to the number of employees of each company.

4.14.2 The Specialized Services in Occupational Health and Safety Engineering referred in item 4.14 shall be sized properly with regard to the sum of the employees of the participating companies according to Table I and Table II, and item 4.2.

4.14.3 The companies in the same economic activity, located in the same or neighboring municipalities, whose establishments fall within Table II, can constitute a joint SESMT organized by corresponding employer union or interested companies themselves, if so provided in the Collective Labor Convention or Agreement.

4.14.3.1 The joint SESMT can be extended to companies whose establishments do not fall within Table II, provided that other requirements of sub-item 4.14.3 are met.

4.14.3.2 The size of SESMT which is organized in the manner that described in sub-item 4.14.3 shall consider the sum of the assisted workers.

4.14.3.3 In the case laid down in item 4.14.3, the number of employees assisted by the joint SESMT is not included in the calculation for sizing the SESMT of the companies.

4.14.3.4 The SESMT, which is organized in the manner that specified in the sub-item 4.14.3, shall be functionally evaluated on semi-annual basis by a Committee comprised of representatives of the companies, the worker unions and the Regional Labor Delegation, or in the form and frequency provided in Collective Labor Convention or Agreement.

4.14.4. The companies in the same industrial or commercial center can constitute a joint SESMT organized by the interested companies, if so provided in Collective Labor Convention or Agreement.

4.14.4.1 The size of the joint SESMT organized in the manner specified in sub-item 4.14.4 shall consider the sum of the assisted workers and the economic activity that employs the largest number among the assisted workers.

4.14.4.2 In the case laid down in item 4.14.4, the number of employees assisted by the joint SESMT is not included in the calculation for sizing the SESMT of the companies.

4.14.4.3 The SESMT, which is organized in the manner that specified in sub-item 4.14.4, shall be functionally evaluated on semi-annual basis by a Committee comprised of representatives of the companies, the worker unions and the Regional Labor Delegation, or in the form and frequency provided in Collective Labor Convention or Agreement.

4.15 The companies referred in item 4.14 may opt for the Specialized Services in Occupational Health and Safety Engineering from official institution or private institution of public utility, in accordance with the funding expenses of the companies, in the manner that provided in sub-item 4.14.1.

4.16 The companies whose Specialized Services in Occupational Health and Safety Engineering do not have occupational physician and/or occupational safety engineer in accordance with the Table II of this NR, will be able to use the services of these professional in the Specialized Services in Occupational Health and Safety Engineering mentioned in item 4.14 and sub-item 4.14.1 or in item 4.15 in compliance with the provisions of the Regulatory Standards.

4.16.1 The expenses arising from that use will be up to the requesting company.

4.17 The Specialized Services in Occupational Health and Safety Engineering mentioned in this NR shall be registered in regional body of the Ministry of Labor.

4.17.1 The registration referred in item 4.17 shall be applied to the regional body of the Ministry of Labor and the requirement shall contain the following data:

a) names of the professional members of the Specialized Services in Occupational Health and Safety Engineering;
b) registration numbers of the professionals in the Secretariat of Occupational Health and Safety of the Ministry of Labor.
c) number of employees of the applicant and risk level of the activities per establishment;
d) specification of the work shifts per establishment;
e) working hours of the professionals in the Specialized Services in Occupational Health and Safety Engineering.

4.18 The Specialized Services in Occupational Health and Safety Engineering, which are already constituted, shall be resized in accordance with this NR and the company will have 90 (ninety) days starting from the publication of this Standard in order to resize and register referred in item 4.17.

4.19 The company is responsible for the compliance with the NR, and shall ensure the professional practice of the components of the Specialized Services in Occupational Health and Safety Engineering as one of the means to fulfill this responsibility. The impediment of such professional practices, even if partial, and the distortion or deviation of duties, together or separately, constitute violations classified in level I4, if duly substantiated, for purposes of the penalties provided in NR28.

4.20 When it comes to service provider companies or contractors, the establishment will be considered as the location where their employees are performing their activities for purposes of applying this NR.

TABLE I
Relation of the National Classification of Economic Activities – CNAE (Version 2.0)*
with corresponding Risk Level – GR for purposes of sizing the SESMT

(Table is intentionally not translated)

TABLE II
SIZE OF SESMT