MTP Ordinance No. 2,318/2022 published, amending wording of NR-4 – SESMT

On August 12, 2022, MTP Ordinance No. 2,318/2022 was published in the Federal Official Gazette of Brazil, which approved the new wording of Regulatory Standard No. 04 (“NR-4”) – Specialized Services in Occupational Health and Safety (“SEMST”).  

In addition to the name of the services (previously called “Specialized Services in Safety Engineering and Labor Medicine”), the new wording of NR-4, which will enter into force on November 10, 2022, introduces significant changes to be taken into consideration by companies in regard to the structure and composition of the SESMT, among which we highlight:  

• Change in SESMT sizing rules. There has been a change in the Brazilian Table of Size Standards for business and the sizing rule itself. The new regulation takes into consideration the highest degree of risk between the main activity – according to the National Classification of Economic activities (CNAE) included in the Corporate Taxpayer Identification Number (CNPJ) Card – and the core activity of the establishment (activity with the largest number of allocated employees).

 As of January 02, 2023, operating SESMT must be resized in compliance with NR-4.  

• SESMT modalities: There are now four modalities of SESMT: (i) individual SESMT; (ii) regional SESMT; (iii) state SESMT; and (iv) shared SESMT, to be constituted according to the number of employees in the Federation unit.

• Mapping of accidents: The requirement for monthly accident reports based on previously existing models in Tables III, IV, V and VI of NR-4 was removed.

• Working hours of Occupational Safety Technicians and Engineers:  Clarification of the rules on the working hours of such professionals, including an express provision for maximum weekly hours, rather than daily.

• Contracting framework: The express provision that SESMT members must be employed was removed.

• Temporary increase in the number of employees: In the event that the number of employees increases due to fixed-term employment contracts, the SESMT must be accordingly complemented exclusively during such fixed term.

The new wording will only enter into force 90 days following its publication, that is, as of November 10, 2022, with the exception of the resizing of operating SESMT, which must only be carried out as of January 02, 2023. As a result, until then, the current regulation remains in force.  

Demarest’s Labor and Employment Team is available to provide further information on the topic assist in carrying out any necessary measures.