Changes in the regulatory norms and reformulation of national labor council

The Federal Government published on this Thursday, July 30th, the modernization of the Regulatory Norms (RNs) of Security and Healthy in the Employment and consolidation and simplification of labor decrees, involving a review of 36 standards actually in force.

This new rules shall be followed by all the companies which have employees on CLT regime. The intention is to reduce the requirements imposed to the employers and to reduce the state intervention on the private initiative, amplifying the competitiveness.

The RN 1 was amended in order to allow, among other aspects, the utilization of trainings performed by an employee, in a 2-year period, if there is a   job change in an activity compatible to validation. The actual rule requires that the training be redone before the beginning of the activities. These actions must generate an economy of R$ 2 billion in the next 2 years.

It should be emphasized that RN 1 has also been amended in order to grant different treatment to the individual micro entrepreneur, microenterprise and Small Business Company excusing them from making Environmental Risk Prevention Program (ERPP) and Program for the Medical Control of Occupational Health (PMCOH) when they present levels of risks 1 and 2 that declare digital information and that do not present chemical, physical, biological and ergonomic risks.

Furthermore, the RN 2, which required an inspection of the Labor Inspector before the opening of an establishment, was repealed. Moreover, the RN 12 that treats about measures of protection to guarantee the physical integrity of employees and the prevention of accidents in the use of machines and equipment was changed. In accordance with the government, the norm will establish that the machine shall have system of protection; however this system must be defined by an evaluation of the risks of the machine.

Apart from the review of these norms, the government has also announced the consolidation of about 160 decrees, inside for texts. The expectation is that on the next  months, ordinances and normative instructions shall be reviewed, in a broad way and with the objective of concentrating the rules in the minor subset possible.

Lastly, on this Wednesday, July 31st, Decree nr. 9.944 was published in order to change the structure of the National Labor Council, reducing the number of participants, setting up the Primary and Permanent Tripartite Commission and repealed the decree which create the National Forum of Labor.

In this sense, the Primary and Permanent Tripartite Commission, collegiate organism with an advisory nature, is composed in a tripartite form, observed the parity between representatives of the employers and employees.

In addition, competes to the Primary and Permanent Tripartite Commission, to propose actions in security and healthy of labor, to propose measures of compatibilization between a protection of  the employee and the economic development of the country, to stimulate the dialogue between employee and employers in a way to improve the labor conditions, to elaborate studies and, when require, to participle in the process of revision of regulatory norms of security and healthy in the labor and to elaborate studies and accompany researches and scientific events related to prevention of accidents and diseases on the labor.

Should you have any doubts, SAEKI ADVOGADOS remains available to any clarification.