Regulatory NR Updates Effective in 2021

On August 2, updates to the Regulatory Standards that are effective in 2021 begin to apply: NRs 1, 7, 9 and 18, updated by the Special Secretariat of Social Security and Labor of the Ministry of Economy (SERPT) in 2020.

The discussions around what is called the "modernization of the NRs" began in 2019, when the federal government announced that all 36 standards in force in the country, drafted in the 1970s, would be updated in order to simplify the legislation without compromising workers' health and safety.

According to the original schedule, the updated versions of NRs 1, 7, 9 and 18 would come into effect between February and March. However, the deadline was extended for two reasons: to facilitate companies' adaptation amid the Coronavirus pandemic and to ensure, according to SERPT, harmonization in the application of the standards.

Let us look at the main Regulatory NR updates effective in 2021:

NR 01 - General Provisions and Occupational Risk Management

This NR deals with the general guidelines on occupational health and safety (OHS), which must be followed by all companies that have employees. The updated version of NR 1 introduces Occupational Risk Management (GRO), an instrument that will function as a strategic plan to guide all OHS actions in organizations.

To operate the GRO, companies will have to prepare the PGR, but it will not be required from all companies. Those classified as Individual Microentrepreneurs (MEI), Microenterprises (ME), and Small Businesses (EPP) will be exempt, provided they are considered low risk (grades 1 and 2), according to the National Classification of Economic Activities (CNAE).

The other obligations, such as carrying out admission, periodic and dismissal medical examinations, continue to be required.

NR 7 - Occupational Health Medical Control Program

Through the Occupational Health Medical Control Program, the PCMSO, the employer monitors the evolution of employees' health. With the update, the PCMSO will now be prepared based on the risks and threats mapped in the PGR. This shows that there will be more synchronization between the regulatory standards and their different actions.

This greater integration includes the possibility for the occupational physician to suggest adjustments to the PGR in order to bring the risk inventory closer to the reality of the employee's work environment.

NR 9 - Assessment and control of occupational exposure to physical, chemical and biological agents

Perhaps this is considered the biggest change in 2021 for the NRs. NR 09 establishes the guidelines regarding the prevention of environmental risks existing in the company. The PPRA ceases to exist with the update; however, NR 9 will not completely lose its relevance.

This NR will be a support tool for the PGR itself, in the identification and management of physical, chemical, and biological risks present in the work environment. Whenever the PGR identifies risks to employees related to exposure to chemical, physical, and biological agents, the company must follow the guidelines of NR 9.

NR 18 - Safety and health conditions at work in the construction industry

The update that becomes valid from August changed the name of the standard. Previously called "Working Conditions and Environment in the Construction Industry", it is now called "Safety and Health Conditions at Work in the Construction Industry".

With a focus on reducing bureaucracy, NR 18 underwent a reduction in the number of guidelines, in addition to replacing the Program of Working Conditions and Environment in the Civil Construction Industry (PCMAT) with the PGR.

Today we have 36 NRs in force. Regardless of company size, we all must ensure employees' health and safety, promoting health and comfort while preventing fines and assessments.

COSTEN Projetos e Gerenciamento can help you keep your company's processes ready to meet NR guidelines.