Government publishes revision of standard that regulates health and safety in rural work

In a ceremony late this Thursday afternoon, the 22nd, the federal government announced the modernization of NR 31, a standard regulating agriculture, livestock, forestry, forestry and aquaculture activities. NR 31 is the first in the series of regulatory standards that are in the process of being reviewed by the Special Secretariat for Social Security and Labor of the Ministry of Economy.

The focus of this work was to promote the reduction of bureaucracy in the standard, bringing more legal security to the sector and adapting it to the reality of the field. The Ministry of Economy's estimate is that the changes in NR 31 could reduce expenses of around R$4,32 billion per year for the rural sector. The new rules come into force one year after the publication of the ordinance.

The new NR 31 had the contribution of the Agricultural Parliamentary Front (FPA), which listed proposals to avoid situations that would be impossible for rural producers to comply with.

The president of the FPA, deputy Alceu Moreira, recalled that the struggle was long to convince the authorities of the need for a standard that takes into account the peculiarities of rural areas.

“Enacting legislation that provides legal certainty and comfort for those who employ and those who receive it is simply a matter of common sense. The reality of rural property cannot be confused with the factory floor because the activities are distinct. This understanding does not violate any worker’s rights”, he considered.

Deputy José Medeiros (PODE-MT) praised the review of the standard. He stated that a very bureaucratic regulation, such as the current NR 31, ends up discouraging employment and cited some absurd situations that producers experience. “We have reached the point where producers are fined 30, 40 thousand reais because they exceeded five centimeters or reduced the height of a shower by five centimeters,” he said.

“The objective of the work was to simplify the regulations, so that they can be fully complied with, without compromising the safety and health of rural work”, explained the consultant at Instituto Pensar Agropecuária, Cristiano Zaranza.

“This review represents fewer fines, less bureaucracy, more work and more employment. Does it make sense for a small business owner to meet the same requirements as a large rural property or an urban company? Does it make sense for a small dairy producer, who has 10 cows, to have to draw up an environmental risk prevention plan every year?” said the Special Secretary for Social Security and Employment, Bruno Bianco, when announcing the review of the standard.

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The new standard has undergone a general restructuring and now provides for itinerant work. An example is the case of livestock farming in which there are situations where workers need to roam the property. Or even a farm where the worker carries out his activity on a tractor. NR 31 in force until now requires the installation of bathrooms and cafeterias on all work fronts, which is inapplicable in the case of itinerant work. The same occurs in wetlands such as the Pantanal. O

“It is not enough for Brazilian entrepreneurs to pay two salaries to hire an employee and this set of standards. When we move towards simplification, it is good for workers, good for Brazil, good for entrepreneurs”, highlighted deputy José Medeiros.

Another change concerns the storage of pesticides. The current NR 31 determines that these products must be stored 30 meters from any installation, which makes compliance on small properties impractical, explained CNA's legal advisor, Rodrigo Hugueney.

no With the review, this distance was reduced to 15 meters, with all storage safety guarantees. And, for quantities up to 100 liters or 100 kilos of product, the use of a cabinet with all safety requirements, such as flame-retardant paints, signage, etc., will be permitted.

The new NR 31 has a new system for managing the risk of the activity. The standard establishes the Rural Work Risk Management Program (PGRT). For establishments with up to 50 workers, the Ministry of Economy will make available a risk analysis tool in which the employer will inform the peculiarities of their activity and the government will deliver a program with prevention measures. “This measure will reduce costs for rural producers who currently need to hire a professional to prepare this program. For the little one it means a cost of R$1.300 and the program must be reviewed every three years”, explained Hugueney.

Other items were included in the standard in order to also meet the reality of the field. The CNA advisor reported that some standards, for example, on electrical installations and ergonomics in machinery and implements were superficial and ended up leading the work auditor to look for rules in Regulatory Standards 7 and 9 that deal with urban work.

History

NR 31 was published through Ordinance 86/2005, of the then Ministry of Labor and Employment. In 2011, 2013 and 2018 it only underwent occasional changes. In 2019, the federal government began a process of reviewing all regulatory standards. From then on, a tripartite commission with representatives from the government, employers and workers worked together to promote the changes. In the case of NR 31, a technical working group within this tripartite commission involved the participation of entities such as CNA, Contag (National Confederation of Agricultural Workers) and Contar (National Confederation of Rural Salaried Workers), in addition to the government .

However, the work was suspended due to an injunction granted as a result of a public civil action filed by the Public Ministry of Labor against this review of standards. At the beginning of the month, the Federal Attorney General's Office managed, at the Superior Labor Court (TST), to suspend the effects of this injunction and it was possible to conclude the regulation of NR 31.

Hugueney believes that the standard now represents a significant advance for the sector. “It’s a new one that will come out with 100% consensus, which is quite difficult to see in these regulatory standards.”

The IPA consultant, despite understanding that the new NR 31 does not meet all the demands of the employer segment, agrees that the change will have a greater positive impact on agriculture. “This 2020 update, compared to the others, is more ambitious. It does not involve mere adjustments, but some paradigms change. It is an important step towards the modernization of rural work”, concluded Zaranza.