The Ministry of Labor and Employment (MTE) published Ordinance No. 3.906 on December 28, 2023, introducing key modifications to MTP Ordinance No. 672/2021. Following a National Consultation concluded on December 20, 2023, the new ordinance encompasses several amendments aimed at refining regulations regarding Personal Protective Equipment (PPE) in the workplace.
Key Changes and Annex Introductions
- New Annexes Introduced: The ordinance, effective from February 1, 2025, introduces six new annexes, namely:
- Annex G: Hearing protection devices
- Annex H: Helmets for structural and forest fire fighting
- Annex I: Insulating rubber sleeves
- Annex J: Conductive safety clothing for whole-body protection during work with electrical potential
- Annex K: Air-purifying respirators and supplied-air respirators
- Annex L: Safety protective cream
- Effective Date for Other Updates: Additional updates implemented by the ordinance will come into effect on February 1, 2024.
Highlights of Other Modifications
According to the Occupational Health and Safety (SST) Portal, the MTE Ordinance No. 3.906 introduces several noteworthy changes, including:
- Detailed EPI Specifications and Responsibilities: The ordinance provides more detailed specifications for Personal Protective Equipment (PPE) and outlines the responsibilities of manufacturers and importers.
- Enhanced Procedures for CA Approval: Specific procedures for analyzing Certificate of Approval (CA) requests by the Department of Safety and Health at Work of the Labor Inspection Secretariat are outlined.
- Fall Protection Equipment Requirements: Specific requirements for fall protection equipment, including the obligation to present certificates of conformity, are introduced.
- Electronic Process for Petitions: The introduction of an electronic process for petitions to the Ministry of Labor and Employment through the Electronic Information System (SEI).
- Guidelines for Hearing Protection Devices: Directives for varying the protection factor of hearing protectors and procedures for requesting changes to the Certificate of Approval are included.
- Regulation on PPE Commercialization: Responsibilities during inspections related to the evaluation and commercialization of PPE, such as the possibility of formal complaints, document requirements, and communication between authorities, are defined.
- Detailed Marking Requirements: Comprehensive regulations on mandatory markings on PPE, including those evaluated internationally.
- Manufacturer and Importer Registration and Evaluation: Procedures for the registration, evaluation, and suspension of manufacturers or importers of PPE are outlined.
- Validity and Extension Rules for CA: Rules for the validity and extension of Certificates of Approval for certain PPE are established.
- Revocation of Previous Provisions: The ordinance revokes certain provisions of Ordinance No. 672, 2021, and provides clarity on the validity and application of the proposed changes