The Ministry of Labor and Employment (MTE) in Brazil issued Ordinance No. 3.903 on December 28, 2023, which introduces crucial amendments to NR-35 – Working at Heights. Published in the Official Gazette of the Union (D.O.U) on December 29, the ordinance brings about changes that impact how work at heights is regulated.
Key Changes:
- Revamped Classification System: The ordinance brings a comprehensive overhaul to the classification framework of NR-35. It establishes specific types for Annex I and Annex II, referred to as Type 2 and Type 1, respectively. This refined categorization aims to provide clearer guidelines for employers and workers engaged in tasks involving work at heights.
- Revocation of Specific Provisions: Notably, the ordinance revokes specific points from MTE Ordinance No. 4.218/2022. It cancels the clause “b” and the first and second paragraphs of Article 4, thereby eliminating certain provisions. Furthermore, Annex III, which pertains to Ladders, is entirely removed from this ordinance. These changes signify a reevaluation and streamlining of regulations related to work at heights.
- Complete Revocation of MTE Ordinance No. 4.372/2022: The new ordinance goes a step further by completely annulling MTE Ordinance No. 4.372/2022. This revocation implies a retraction of the entire contents of the said ordinance, underlining the Ministry’s commitment to refining and updating safety standards.
