(MTE Ordinance No. 1418, of August 27, 2024)
16.1 Hazardous activities and operations are those listed in the Annexes of this Regulatory Standard (NR).
16.2 Working in hazardous conditions entitles the worker to a hazard pay of 30% (thirty percent) over the base salary, excluding any increments due to bonuses, prizes, or profit-sharing.
16.2.1 The employee may choose to receive an additional hazard allowance if applicable.
16.3 It is the employer’s responsibility to identify or dismiss the hazardous condition through a technical report prepared by an Occupational Physician or a Safety Engineer, according to Article 195 of the CLT.
16.4 The provisions in item 16.3 do not hinder the supervisory actions of the Ministry of Labor or the ex officio expert inspection.
16.5 For the purposes of this Regulatory Standard (NR), hazardous activities or operations are those involving explosives subject to:
a) Chemical or autocatalytic degradation;
b) Action of external agents, such as heat, humidity, sparks, fire, seismic phenomena, shock, and friction.
16.6 The transportation of liquid or liquefied gas flammables, in any containers and in bulk, is considered hazardous, except for transportation in small quantities, up to 200 liters for liquid flammables and 135 kg for liquefied gas flammables.
16.6.1 The quantities of flammables contained in the vehicles’ own consumption tanks are not considered for the purposes of this Standard.
16.6.1.1 The provisions of item 16.6 of this NR do not apply to the quantities of flammable substances contained in the original factory fuel tanks and supplementary tanks, as well as those for the own consumption of cargo vehicles, collective passenger transport vehicles, machinery, and equipment, certified by the competent authority, and in cargo refrigeration equipment. (Amended by MTE Ordinance No. 1418, of August 27, 2024)
16.7 For the purposes of this Regulatory Standard, a combustible liquid is defined as any liquid with a flash point greater than 60°C (sixty degrees Celsius) and less than or equal to 93°C (ninety-three degrees Celsius).
16.8 All risk areas specified in this NR must be delineated under the employer’s responsibility.
Annex I of NR-16 – Hazardous Activities and Operations with Explosives
Annex II of NR-16 – Hazardous Activities and Operations with Flammables
Annex IV of NR-16 – Hazardous Activities and Operations with Electricity