Bloomberg Law for HR Professionals is a complete, one-stop resource, continuously updated, providing HR professionals with fast answers to a wide range of domestic and international human resources...
July 16—A five-year struggle by Brazilian companies to alter a government regulation establishing new job safety requirements for handling machinery and equipment finally produced results June 26, but not all opponents had hoped for.
The labor ministry issued an ordinance meeting some of the demands of the National Confederation of Industry, which has led the fight against Norm 12.
Issued at the end of 2010 and effective in 2013, the new norm contains 340 requirements employers must meet compared with only 50 under the previous regulation and is retroactive, meaning all existing machinery and equipment must pass the new safety requirements.
According to the confederation of industry, the additional requirements go far beyond what is necessary to guarantee job safety and require enormous employer expenditures. The confederation estimated that the “initial” cost for industry to meet the new requirements would run close to $50 billion.
After months of negotiations between the government, business and organized labor, the labor ministry announced two important concessions, part of the demands made by the confederation of industry in December 2013: exports of Brazilian machinery and equipment will not be subject to Norm 12, and the regulations will be simplified for small companies.
Employers were unable to eliminate the retroactive clause, however, their major complaint about the new norm. According to Rinaldo Marinho, head of the labor ministry's department of health and safety, the retroactive issue is still under discussion and changes may be announced by the end of the year.
For Alexandre Furlan, president of the trade relations council of the confederation of industry, the concessions made by the labor ministry constitute the opening of negotiations on the norm, and business will not be satisfied until the retroactive requirement has been eliminated, exempting old equipment from the norm, and different requirements set for manufacturers of machinery and users of this equipment.
“We need to revise this text entirely,” Furlan said.
Meanwhile, labor ministry officials are continuing to inspect factories and fine companies for failing to meet the requirements of Norm 12.
“There are even factories that are being forced to shut down,” Furlan said.
To contact the reporter on this story: Ed Taylor in Rio de Janeiro at firstname.lastname@example.org
To contact the editor responsible for this story: Rick Vollmar at email@example.com
For more information on Brazilian HR law and regulation, see the Brazil primer.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)