(MTP Ordinance No. 4219, December 20, 2022)
SUMMARY
20.1 Introduction
20.2 Scope
20.3 Definitions
20.4 Classification of Installations
20.5 Installation Design
20.6 Installation Dossier
20.7 Risk Analysis
20.8 Safety in Construction and Assembly
20.9 Operational Safety
20.10 Maintenance and Inspection of Installations
20.11 Inspection in Workplace Safety and Health
20.12 Worker Training
20.13 Control of Ignition Sources
20.14 Prevention and Control of Leaks, Spills, Fires, Explosions, and Fugitive Emissions
20.15 Emergency Response Plan of the Installation
20.16 Incident Communication
20.17 Contractors and Subcontractors
Annex I – Criteria for Worker Training and Syllabus
Annex II – Exceptions to the application of item 20.4 (Classification of Installations)
Annex III – Flammable Liquid Tanks Inside Buildings
Annex IV – Occupational Exposure to Benzene at Automotive Fuel Retail Stations
Glossary
20.1 Introduction
20.1.1 This Regulatory Standard (NR) establishes minimum requirements for managing health and safety at work against accident risk factors arising from the activities of extraction, production, storage, transfer, handling, and manipulation of flammables and combustible liquids.
20.1.2 This NR and its annexes should be used for the prevention and control of risks in work with flammables and combustibles. For the characterization of unhealthy or hazardous activities or operations, the provisions of NR-15 (Unhealthy Activities and Operations), and NR-16 (Hazardous Activities and Operations) should be applied.
20.2 Scope
20.2.1 This NR applies to the activities of:
a) extraction, production, storage, transfer, handling, and manipulation of flammables in the stages of design, construction, assembly, operation, maintenance, inspection, and deactivation of the installation;
b) extraction, production, storage, transfer, and handling of combustible liquids in the stages of design, construction, assembly, operation, maintenance, inspection, and deactivation of the installation.
20.2.2 This NR does not apply to:
a) platforms and support installations used for the exploration and production of oil and gas from the seabed, as defined in Regulatory Standard 37; and
b) single-family residential buildings.
20.3 Definitions
20.3.1 Flammable liquids: liquids with a flash point ≤ 60ºC (sixty degrees Celsius).
20.3.1.1 Liquids with a flash point above 60ºC (sixty degrees Celsius), when stored and transferred heated to temperatures equal to or higher than their flash point, are considered flammable liquids.
20.3.2 Flammable gases: gases that ignite with air at 20ºC (twenty degrees Celsius) and a standard pressure of 101.3 kPa (one hundred and one point three kilopascal).
20.3.3 Combustible liquids: liquids with a flash point > 60ºC (sixty degrees Celsius) and ≤ 93ºC (ninety-three degrees Celsius).
20.4 Classification of Installations
20.4.1 For the purposes of this NR, installations are divided into classes as per Table 1.
Table 1
| Class I |
| a) By activity: a.1 – service stations with flammables and/or combustible liquids. a.2 – piped distribution activities of flammable gases in installations with a Maximum Allowable Working Pressure (MAWP) limited to 18.0 kgf/cm². |
| b) By storage capacity, permanently and/or temporarily: b.1 – flammable gases: above 2 tons up to 60 tons; b.2 – flammable and/or combustible liquids: above 10 m³ up to 5,000 m³. |
| Class II |
| a) By activity: a.1 – bottling plants for flammable gases; a.2 – pipeline transportation activities of flammable gases and/or liquids; a.3 – piped distribution activities of flammable gases in installations with MAWP above 18.0 kgf/cm². |
| b) By storage capacity, permanently and/or temporarily: b.1 – flammable gases: above 60 tons up to 600 tons; b.2 – flammable and/or combustible liquids: above 5,000 m³ up to 50,000 m³. |
| Class III |
| a) By activity: a.1 – refineries; a.2 – natural gas processing units; a.3 – petrochemical installations; a.4 – ethanol production plants. |
| b) By storage capacity, permanently and/or temporarily: b.1 – flammable gases: above 600 tons; b.2 – flammable and/or combustible liquids: above 50,000 m³. |
20.4.1.1 For classification criteria, the type of activity mentioned has priority over storage capacity.
20.4.1.1.1 The type of activity does not have priority over storage capacity when it exceeds 250,000 m³ (two hundred and fifty thousand cubic meters) of flammable and/or combustible liquids and/or 3,000 (three thousand) tons of flammable gases.
20.4.1.2 When the storage capacity of the installation falls into two different classes due to storing flammable and/or combustible liquids and flammable gases, the class of higher grade should be used.
20.4.2 Annex II contains exceptions to the application of Table I – Classification of Installations.
20.5 Installation Design
20.5.1 Installations for extraction, production, storage, transfer, handling, and manipulation of flammables and combustible liquids must be designed considering safety, health, and environmental aspects that impact the physical integrity of workers as provided in Regulatory Standards, national technical standards, and in their absence or omission, international standards, conventions, and collective agreements, as well as other pertinent regulations in force.
20.5.2 The design of Class I, II, and III installations must include, at a minimum, and in Portuguese:
a) description of the installations and their respective processes through the operations manual;
b) general layout of the installations;
c) safety, health, and environmental characteristics and information related to flammables and combustible liquids, contained in chemical product safety data sheets, raw materials, consumables, and finished products;
d) technical specification of equipment, machines, and critical accessories in terms of health and safety at work as established by the design;
e) drawings, plans, and technical specifications of the installation’s safety systems;
f) identification of classified areas of the installation for the purpose of specifying electrical equipment and installations.
20.5.2.1 The design must consider safety distances between installations, buildings, tanks, machines, equipment, movement and flow areas, internal circulation routes, as well as property limits relative to surrounding areas and public roads, as established in national technical standards.
20.5.2.2 The design must include mechanisms to control and/or reduce a possible chain of events resulting from leaks, fires, or explosions.
20.5.3 The design of existing installations must be updated using risk analysis methodologies to identify the need for additional protective measures.
20.5.4 Modifications or expansions of installations that may affect worker safety and physical integrity must be preceded by a project that includes a risk analysis study.
20.5.5 The design must be prepared by a qualified professional.
20.5.6 In the process of transferring, filling containers or tanks, preventive measures must be defined in the design to:
a) eliminate or minimize the emission of vapors and flammable gases;
b) control the generation, accumulation, and discharge of static electricity.
20.6 Installation Record
20.6.1 The Installation Record must be organized, maintained, and updated by the employer and consist of the following documentation:
a) Installation Project;
b) Inspection and Maintenance Plan;
c) Risk Analysis as provided in item 20.7.1;
d) Plan for the prevention and control of leaks, spills, fires, and explosions, and identification of sources of fugitive emissions;
e) Emergency Response Plan.
20.6.2 The Records of class I, II, and III installations must contain an index.
20.6.2.1 The documents of the records for Class I, II, or III installations may be kept separately, provided their location within the company and the respective responsible person are mentioned in the index, and they can be maintained in computerized systems.
20.6.3 The Installation Record must be available to the competent authorities, as well as for consultation by the workers and their representatives.
20.6.3.1 The risk analyses must be available for consultation by the workers and their representatives, except for aspects or parts that involve confidential commercial information.
20.7 Risk Analysis
20.7.1 In Class I, II, and III installations, the employer must prepare and document risk analyses of operations involving processes or processing activities of extraction, production, storage, transfer, handling, and manipulation of flammables and combustible liquids.
20.7.2 The risk analyses of the installation must be structured based on appropriate methodologies, chosen according to the purposes of the analysis, and the characteristics and complexity of the installation.
20.7.2.1 The risk analyses of Class II and III installations must be coordinated by a qualified professional with expertise in the subject.
20.7.2.2 Risk analyses must be prepared by a multidisciplinary team knowledgeable in the application of methodologies, risks, and the installation, with the participation of at least one worker with experience in the installation or part of it that is the subject of the analysis.
20.7.3 In Class I installations, a Preliminary Hazard Analysis (PHA) must be prepared.
20.7.4 In Class II and III installations, risk analysis methodologies defined by the qualified professional must be used, and the choice must consider the risks, characteristics, and complexity of the installation.
20.7.4.1 The qualified professional must technically substantiate and record in the analysis the choice of the methodology used.
20.7.5 Risk analyses must be reviewed:
a) within the period recommended by the analysis itself;
b) if significant modifications occur in the process or processing;
c) at the request of SESMT or CIPA;
d) by recommendation resulting from accident or incident analysis related to the process or processing;
e) when the accident and incident history requires it.
20.7.6 The employer must implement the recommendations resulting from the risk analyses, defining deadlines and responsible parties for execution.
20.7.6.1 Failure to implement recommendations within the defined deadlines must be justified and documented.
20.8 Safety in Construction and Assembly
20.8.1 The construction and assembly of installations for extraction, production, storage, transfer, handling, and manipulation of flammables and combustible liquids must observe the specifications provided in the design, as well as in Regulatory Standards and national technical standards and, in their absence or omission, international standards.
20.8.2 Inspections and tests conducted during the construction and assembly phase and commissioning must be documented in accordance with Regulatory Standards, national technical standards, and, in their absence or omission, international standards, and in the equipment and machinery manufacturing manuals.
20.8.3 Equipment and installations must be identified and signposted in accordance with Regulatory Standards and national technical standards.
20.9 Operational Safety
20.9.1 The employer must prepare, document, implement, disseminate, and keep updated operational procedures that address health and safety aspects at work, in compliance with the design specifications of Class I, II, and III installations and the recommendations of risk analyses.
20.9.1.1 In Class II and III industrial installations with process units, the procedures referred to in item 20.9.1 must have clear instructions for conducting activities in each of the following phases:
a) pre-operation;
b) normal operation;
c) temporary operation;
d) emergency operation;
e) normal shutdown;
f) emergency shutdown;
g) post-emergency operation.
20.9.2 The operational procedures referred to in item 20.9.1 must be reviewed and/or updated at least triennially for Class I and II installations and quinquennially for Class III installations or in one of the following situations:
a) recommendations resulting from the management of change system;
b) recommendations resulting from risk analyses;
c) modifications or expansions of the installation;
d) recommendations resulting from the analysis of accidents and/or incidents related to work with flammables and combustible liquids;
e) requests from CIPA or SESMT.
20.9.3 In the operation of flammables and combustible liquids in continuous production process installations and Class III installations, the employer must staff sufficient workers to perform operational tasks safely.
20.9.3.1 The criteria and parameters defined by the employer for staffing must be documented.
20.10 Maintenance and Inspection of Installations
20.10.1 Class I, II, and III installations for extraction, production, storage, transfer, handling, and manipulation of flammables and combustible liquids must have a documented inspection and maintenance plan, either in form or computerized system.
20.10.2 The inspection and maintenance plan must cover, at a minimum:
a) types of intervention;
b) inspection and maintenance procedures;
c) annual schedule;
d) identification of responsible parties;
e) identification of critical safety equipment;
f) collective and individual protection systems and equipment.
20.10.3 Plans must be periodically reviewed and updated, considering Regulatory Standards, national technical standards, and, in their absence or omission, international standards, inspection manuals, and manuals provided by manufacturers.
20.10.4 The periodicity of inspections and maintenance interventions must consider:
a) the provisions of Regulatory Standards and national technical standards and, in their absence or omission, international standards;
b) manufacturer recommendations, especially for critical safety items;
c) recommendations from safety inspection and accident and incident analysis reports prepared by CIPA or SESMT;
d) recommendations from risk analyses;
e) the presence of aggressive environmental conditions.
20.10.5 Inspection and maintenance activities must be performed by trained workers under appropriate supervision.
20.10.6 Recommendations resulting from inspections and maintenance must be recorded and implemented, with deadlines and responsible parties for execution.
20.10.6.1 Failure to implement the recommendation within the defined deadline must be justified and documented.
20.10.7 A permit to work must be issued for non-routine intervention activities in the installation, based on risk analysis, for the following work:
a) that may generate flames, heat, sparks, or involve their use;
b) in confined spaces, as per NR-33;
c) involving equipment isolation and lockout/tagout;
d) in elevated locations with fall risk;
e) with electrical equipment, as per NR-10;
f) where good health and safety practices recommend.
20.10.7.1 Routine inspection and maintenance activities must be preceded by work instructions.
20.10.8 Planning and execution of maintenance shutdowns must incorporate aspects related to health and safety at work.
20.10.9 The inspection and maintenance plan must include water pipelines used for firefighting.
20.10.10 In welding and hot cutting operations using flammable gases, hoses must have flame arrestors at the cylinder outlet and torch inlet.
20.11 Inspection in Workplace Health and Safety
20.11.1 Class I, II, and III installations for extraction, production, storage, transfer, handling, and manipulation of flammables and combustible liquids must be periodically inspected with a focus on health and safety in the work environment.
20.11.2 A health and safety inspection schedule must be developed based on the risks of the activities and operations conducted.
20.11.3 Inspections must be documented, and the respective recommendations implemented with deadlines and responsible parties for execution.
20.11.3.1 Failure to implement the recommendation within the defined deadline must be justified and documented.
20.11.4 Inspection reports must be available to competent authorities and workers.
20.12 Worker Training
20.12.1 All training required by this NR must be conducted at the employer’s expense and during normal working hours.
20.12.2 The type of training required depends on the worker’s activity, the class of the installation, and whether the worker enters the area and has direct contact with the process or processing. These criteria are summarized in Table 1 of Annex I.
20.12.3 According to the criteria established in the previous item and summarized in Table 1 of Annex I, the following types of training are required:
a) Introductory Course on Flammables and Combustibles;
b) Basic Course;
c) Intermediate Course;
d) Advanced Course I;
e) Advanced Course II;
f) Specific Course.
20.12.3.1 The courses specified in items “b”, “c”, “d”, and “e” have a practical program that must cover knowledge and use of existing fire safety systems with flammables in the installation.
20.12.4 Workers who work in Class I, II, or III installations and do not enter the area or location of extraction, production, storage, transfer, handling, and manipulation of flammables and combustible liquids must receive information on the hazards, risks, and emergency procedures.
20.12.5 The Introductory Course on Flammables and Combustibles must be taken by workers who work in Class I, II, or III installations and enter the area or location of extraction, production, storage, transfer, handling, and manipulation of flammables and combustible liquids but do not have direct contact with the process or processing.
20.12.6 Workers who have completed the Basic Course and need the Intermediate Course must supplement it with an 8-hour course, covering the contents of items 6, 7, and 8 of the Intermediate Course, including the practical part.
20.12.7 Workers who have completed the Intermediate Course and need the Advanced Course I must supplement it with an 8-hour course, covering the contents of items 9 and 10 of the Advanced Course I, including the practical part.
20.12.8 Workers who have completed the Advanced Course I and need the Advanced Course II must supplement it with an 8-hour course, covering items 11 and 12 of the Advanced Course II, including the practical part.
20.12.9 The worker must participate in an Update Course, with content established by the employer and with the periodicity defined in Table 2 of Annex I.
20.12.9.1 An Update Course must be conducted in the following situations:
a) when the accident and/or incident history requires it;
b) within 30 (thirty) days when significant modification occurs;
c) within 45 (forty-five) days when injuries resulting from explosion and/or second or third-degree burns requiring hospitalization occur;
d) within 90 (ninety) days when a worker dies.
20.12.10 Instructors of the Introductory Course on Flammables and Combustibles, Basic, Intermediate, Advanced I and II, and Specific courses must be proficient in the subject.
20.12.11 The Basic, Intermediate, and Advanced I and II courses must have a person responsible for their technical organization, who must be one of the instructors.
20.12.12 Advanced I and II and Specific courses must have a qualified professional as the technical responsible party.
20.12.13 For the Introductory Course on Flammables and Combustibles, Basic, Intermediate, Advanced I and II, and Specific courses, certificates will be issued to workers who have satisfactorily passed the evaluation.
20.12.14 Participants in the training must receive educational material, which can be in print, electronic, or similar format.
20.12.15 The employer must establish and maintain an identification system that allows knowing the training of each worker.
20.13 Control of Ignition Sources
20.13.1 All electrical installations and fixed, mobile, and portable electrical equipment, communication equipment, tools, and similar used in classified areas, as well as atmospheric discharge control equipment, must comply with NR-10.
20.13.2 The employer must implement specific measures to control the generation, accumulation, and discharge of static electricity in areas subject to flammable atmospheres, in accordance with national technical standards and, in their absence or omission, international standards.
20.13.3 Work involving the use of equipment that may generate flames, heat, or sparks in areas subject to flammable atmospheres must be preceded by a permit to work.
20.13.4 The employer must signal the prohibition of the use of ignition sources in areas subject to flammable atmospheres.
20.13.5 Vehicles circulating in areas subject to flammable atmospheres must have characteristics appropriate to the location and be kept in good condition.
20.14 Prevention and Control of Leaks, Spills, Fires, Explosions, and Fugitive Emissions
20.14.1 The employer must develop a plan that includes the prevention and control of leaks, spills, fires, and explosions, and in areas where workers are active, the identification and control of fugitive emission sources.
20.14.2 The plan must be reviewed:
a) by recommendations from safety inspections and/or risk analysis, with CIPA consultation;
b) when significant modifications occur in the installations;
c) when leaks, spills, fires, and/or explosions occur.
20.14.3 Prevention and control systems must be appropriate to the hazards/risks of flammables and combustible liquids.
20.14.4 Tanks storing flammable and combustible liquids must have containment systems for leaks or spills, designed and constructed according to national technical standards.
20.14.4.1 In the case of containment basins, storage of materials, containers, and similar inside is prohibited, except during maintenance and inspection activities.
20.14.5 For installations with flammable gas storage spheres, the plan must provide for the testing of safety devices and systems directly and indirectly involved with gas storage.
20.15 Emergency Response Plan of the Installation
20.15.1 The employer must develop and implement an emergency response plan that includes specific actions to be taken in the event of leaks or spills of flammables and combustible liquids, fires, or explosions.
20.15.1.1 The Prevention and Control Plan for Leaks, Spills, Fires, Explosions, and Fugitive Emissions and the Emergency Response Plan of the Installation can be combined into a single document.
20.15.2 The emergency response plan for Class I, II, and III installations must be developed in accordance with national technical standards and, in their absence or omission, international standards, as well as other pertinent regulations, considering the characteristics and complexity of the installation, containing at least:
a) technical-normative reference used;
b) name and function of the responsible technical personnel for plan development and review;
c) establishment of possible emergency scenarios based on risk analyses;
d) emergency response procedures for each scenario considered;
e) schedule, methodology, and records of simulated exercises.
20.15.3 In cases where the risk analysis results indicate the possibility of an accident with consequences extending beyond the installation limits, the employer must incorporate actions in the emergency plan to protect the surrounding community, establishing communication and alert mechanisms, area isolation, and activation of public authorities.
20.15.4 The emergency response plan must be evaluated after simulated exercises and/or real situations to test its effectiveness, detect possible failures, and make necessary adjustments.
20.15.5 Simulated exercises must be conducted during working hours, with a minimum annual frequency, which may be reduced based on detected failures or if recommended by the risk analysis.
20.15.5.1 Company workers must be involved in simulated exercises, which should reflect, as closely as possible, the work routine.
20.15.5.2 The employer must establish criteria for evaluating the results of simulated exercises.
20.15.5.2.1 The results obtained from the emergency simulation must be disclosed to the workers covered by the emergency scenario.
20.15.6 Members of the emergency response team must undergo specific medical examinations for the function they will perform, as established by NR-7, including psychosocial risk factors, with the issuance of the respective occupational health certificate.
20.15.7 Participation in the emergency response team is voluntary for workers unless the nature of the function requires it.
20.16 Incident Communication
20.16.1 The employer must report to the decentralized unit of the Federal Labor Inspection System and the predominant professional category union at the establishment the occurrence of a leak, fire, or explosion involving flammables and combustible liquids that result in any of the following:
a) death of worker(s);
b) injuries from explosion and/or second or third-degree burns requiring hospitalization;
c) activation of the emergency response plan requiring large-scale intervention and control measures.
20.16.1.1 The communication must be sent by the second business day after the occurrence and must contain:
a) company name, address, location, date, and time of occurrence;
b) description of the occurrence, including information on the flammables, combustible liquids, and other products involved;
c) name and function of the victim;
d) investigation procedures adopted;
e) consequences; and
f) emergency measures taken.
20.16.1.2 The communication can be made by letter or electronic means to the predominant professional category union at the establishment and the occupational health and safety sector of the decentralized unit of the Federal Labor Inspection System.
20.16.2 The employer must prepare an investigation and analysis report of the occurrence described in item 20.16.1, containing the root causes and preventive measures adopted, and keep it at the workplace available to competent authorities, workers, and their representatives.
20.17 Contractors and Subcontractors
20.17.1 The contracting company and subcontractors are responsible for compliance with this Regulatory Standard.
20.17.2 Responsibilities of the Contracting Company.
20.17.2.1 The health and safety requirements adopted for subcontractor employees must be at least equivalent to those applied to the contracting company’s employees.
20.17.2.2 The contracting company, in order to meet the provisions of this NR, must verify and evaluate the performance in health and safety at work in the contracted services.
20.17.2.3 It is the responsibility of the contracting company to inform subcontractors and their employees of the risks present in the work environment and the respective safety and emergency response measures to be adopted.
20.17.3 Responsibilities of Subcontractors.
20.17.3.1 The subcontracted company must comply with the health and safety requirements specified by the contracting company, by this NR, and by other Regulatory Standards.
20.17.3.2 The subcontracted company must ensure the participation of its employees in health and safety training provided by the contracting company, as well as provide other necessary specific training.