The Ministry of Labor (MPT), represented by the National Coordinators for the Defense of the Work Environment (Codemat) and for the Promotion of Labor Standards in Public Administration (Conap), issued a Joint Technical Note that rules out the possibility of outsourcing the Specialized Services in Occupational Health and Safety (SESMT) in companies covered by NR-4, given the degree of risk and the number of workers exposed.
The document addresses the changes promoted by the Ministry of Labor, in relation to Regulatory Standard No. 4 – which deals with Specialized Services in Occupational Health and Safety – and that will come into force on November 12. The most controversial point among the changes was the removal of the requirement that the professionals that are part of the Specialized Services in Occupational Health and Safety must be employees of the company that created the SESMT.
The Technical Note analyzes the hypothesis of the incidence of Law 6.019/74, with the changes promoted by Law 13.429/17 (Labor Reform), in the regulation of occupational health and safety. The document is signed by the National Coordinator, the Deputy National Coordinator and the Deputy Coordinator of Codemat, respectively Marcia Kamei, Luciano Leivas and Cirlene Zimmermann, and by the National Coordinator and Deputy National Coordinator of Conap, respectively Andrea Gondim and Ileana Neiva.
According to the signing prosecutors, the SESMT is the organic structure for the execution of the legal health and safety obligations attributable to the employer and has a subordinate nature in relation to the workers exposed to the risks managed by the organization, and its execution and its responsibility cannot be transferred to another company.
“In this scenario, it is impossible for a SESMT composed of people outside the company to issue work orders, demand compliance with occupational health and safety standards and instruct the employees of the contracting company, since the work cannot be managed by a company other than the one that is at one end of the labor relationship,” they explain.
According to the note, there is no law authorizing the outsourcing of obligations, duties and contractual responsibilities related to occupational health and safety, and Law No. 6.019/74, as well as the changes made by Law No. 13.429/17, are not self-applicable in this matter.
It lacks the technical dimension to define the size, geographical basis, degrees of risk, minimum dedication time and exclusivity of professionals and registration with the competent body.
The document also highlights that the Permanent Tripartite Parity Commission (CTPP) – the Federal Government’s official forum responsible for discussing occupational health and safety -, by consensus between the representatives of workers and employers, rejected the possibility of outsourcing the SESMT, as recorded in the minutes of the commission’s 14th Ordinary Meeting.
Source: Revista Cipa