The National Tripartite Commission on Benzene is set to be reinstated following a recent meeting of the Permanent Tripartite Commission (CTPP) on July 30, 2024. This decision marks an important step in addressing the ongoing concerns surrounding occupational exposure to benzene, a well-known carcinogen, and signals the government’s renewed focus on rigorous regulatory oversight.
Reinstatement of the National Tripartite Benzene Commission
The National Tripartite Commission on Benzene was originally disbanded in August 2019 under Ordinance 976/2019. However, the reinstatement of this commission has been a priority for labor unions, which see it as essential for monitoring and implementing changes in benzene regulations. The push for its revival gained momentum after the April 2023 issuance of Decree 11.496, which empowered the CTPP to establish thematic tripartite commissions to oversee the implementation of amendments to regulatory standards.
Labor representatives from major unions, including UGT, CUT, Força Sindical, NCST, CTB, and CSB, formally requested the reinstatement of the commission in a document submitted to the Minister of Labor, Luiz Marinho, on July 29. Their concerns are particularly focused on maintaining the existing Technological Reference Value (VRT) for benzene rather than shifting to a potentially hazardous Occupational Exposure Limit (OEL). The unions advocate for any changes to benzene-related regulations to be handled through a tripartite process involving the National Permanent Commission on Benzene (CNPBz) and the State Commissions on Benzene (CEBz).
Key Regulatory Updates: NR-1, NR-22, and NR-4
Alongside the reinstatement of the Commission on Benzene, the CTPP approved crucial updates to several regulatory standards, known as Normas Regulamentadoras (NRs), which govern occupational health and safety in Brazil.
- Revised Chapter 1.5 of NR-1: Occupational Risk Management The most notable change is the revision of Chapter 1.5 of NR-1, which now formally recognizes ergonomic and psychosocial risk factors, in addition to the already acknowledged chemical, physical, and biological agents. This update mandates that employers must facilitate greater worker participation in identifying and reporting workplace risks and hazards. Moreover, employers are required to implement corrective measures in occupational health and safety. According to Remígio Todeschini, Director of Knowledge and Technology at Fundacentro, companies will have nine months from the publication of this revised chapter to comply with these new requirements, thereby embedding a continuous safety culture within their operations.
- Extension of Compliance Deadline for NR-22: The CTPP also granted a 120-day extension for the enforcement of item 22.24.3 and its subitems in NR-22, which pertains to Health and Safety in Mining. These provisions, effective from August 24, prohibit industrial or administrative facilities from being located beneath mining dams. This measure is seen as a critical step in preventing catastrophic incidents like the Brumadinho disaster in Minas Gerais.
- Postponement of NR-4 Annex I Revision: SESMT and CIPA The revision of Annex I of NR-4, which relates to the National Classification of Economic Activities (CNAE), has been postponed for another year. This annex outlines the criteria for the classification of economic activities and the associated risks, which determine the requirements for the Specialized Service in Occupational Health and Safety (SESMT) and the Internal Committee for Prevention of Accident and Harassment (CIPA). According to Todeschini, the revision is necessary because over 140 economic activities currently require a reclassification of risk levels to ensure that workers are protected in environments where the incidence of diseases and accidents is higher.
Other Regulatory Discussions and Future Actions
Additional deliberations during the CTPP meeting led to the exclusion of item 18.17.2 from NR-18, which previously prohibited the reuse of containers originally designed for cargo transport as living spaces on construction sites. The creation of a new Tripartite Working Group (GTT) to discuss the issue of containers under NR-24, which addresses sanitary and comfort conditions in the workplace, was also proposed.