WHAT IS NR-12 ?

Gustavo PaivaGuilherme Vargas

Machinery & Equipment Safety Brazilian Regulation

THE NR-12 REGULATION

Brazil has 36 regulatory norms of the Ministry of Labor and Employment These standards are approved by ordinances along the years, since 1978; The Regulatory Standards are set by the CLT (Consolidation of Labor Laws of Brazil), which means that they must make mandatory part of the planning activities of any company to the employers; They are Laws, which means that unaccomplishment is considered a crime. “... Are mandatory for private and public companies and public agencies of the direct and indirect administration, as well as by the organs of the legislative and judicial branches that have employees covered by CLT."

Brazilian Regulations

Creation from the concierge 3214 from June / 1978; Reviews in 1983/1994/1996/1997/2010/2011/2013/2015; In 1978, only there were 6 items with 2 attachments; Now, there are 156 items with 12 attachments (2015);

NR-12 History

Studies showed that a significant number of occupational accidents were caused by lack of security in machinery and equipment;

People were losing family members or having serious consequences due to work accidents caused by lack of security or inefficiency in machinery and equipment;

In the past, the import operations of machinery was uncontrolled: while machines manufacturers in Brazil had to ensure full compliance with CLT and Regulatory Norms, the outside manufacturers had no such requirement and could sell by inferior values;

The cost of pensions in Brazil is financed by the Government, for then INSS (National Institute of Social Security) and these accidents contribute more each day for cost increases for INSS.

Why the reviews ?

Cost of accidents and occupational diseases = BRL 71 billion per yearCID-10 S61 - Wrist and hand injuries;CID-10 S62 - Wrist and hand broken bones;CID-10 S60 - Wrist and hand superficial injuries

Total cost of an accident: Offset costs + machine stop costs + new operator costs + health + Other costs

Source: Prof. José Pastore: Lecture in the Superior Labor Court, 10/20/2011http://www.josepastore.com.br/artigos/rt/rt_320.htm

Why reviews ?

The NR-12 Chapters

Attachments V, VI,VII,VIII,IX, X , XI e XII

Specifics for different types of machine

AttachmentsI , II, III e IV

Additional information on care of the body and other attachments

Principal(19 Chapters)

1 - Physical Arrangement and facilities 2 - Electrical installations 3 - Starting and stopping devices 4 - Security systems in machinery and equipment 5 - Emergency stop devices 6 - Permanent means of accessibility 7 - Pressurized Components 8 - Material Conveyors 9 - Ergonomics 10 - Additional risks 11 - Maintenance 12 - Signaling 13 - Manuals 14 - Security Procedures 15 - Training

Coverage

NR 7 - MEDICAL CONTROL PROGRAM OF OCCUPATIONAL HEALTH

NR 10 - SAFETY FACILITIES IN ELECTRICITY NR 11 - SHIPPING, HANDLING, STORAGE AND MATERIAL

HANDLING NR 17 - ERGONOMICS NR 31 - SAFETY AND HEALTH AT WORK IN AGRICULTURE,

LIVESTOCK FORESTRY, LOGGING AND AQUACULTURE

Influence by other Regulations on NR-12

Deadlines *

*since December/10

12(twelve)months Sub-item 12.20.2 and item 12.22. 15(fifteen)months: Items 12.36, paragraph 'a', and 12.37. 18(eighteen)months items:12.38.1,12.39,12.40,12.43,12.44,12.45,12.46,12.47.1,12.51,12.55,12.55.1,12.65,12.69,12.73,12.74,12.75

,12.94,12.95,12.96,12.125 to 12.129,12.133, 12.133.1 and 12.133.2. 30(thirty)months Items and sub-items:12.86,12.86.1,12.86.2 and 12.92.

New machinery:

4(four)months Items 12.135 to 12.147. 12(twelve)months Items 12.22,12.26,12.27,12.28,12.29,12.30,12.30.1,12.30.2, 12.30.3,12.31 and 12.116 to 12.124. 18(eighteen)months Items and sub-items:12.20.2, 12.153 and 12.154. 24(twentyfour)months Items and sub-items:12.111.1;12.125 to 12.129. 30(thirty)months Items and sub-items:12.36, paragraph 'a',12.37, 12.39, 12.40, 12.43, 12.44, 12.45, 12.46, 12.47.1, 12.51 ,

12.55, 12.55.1, 12.65, 12.69, 12.73, 12.74, 12.75, 12.86, 12.86.1,12.86.2 and 12.92.

Used / Legacy machinery:

It should be applied to all types of machinery and equipment, NEW AND USED; In all types of economic activities, such as industry, agriculture etc There are specific requirements for the following equipment and topics:

Annex I - Safety distances and requirements for Presence Detector Optoelectronics Annex II - Syllabus of Training Annex III - Permanent Means of Access Annex IV - Glossary Annex V - Chainsaws Annex VI - Machinery for Bakery Annex VII - Machinery for Butcher and Grocery Annex VIII - Presses and Similar Annex IX - Injection Molding Plastic Materials Annex X - Machinery for Footwear and Related Manufacturing Annex XI - Machinery and Implements for Agricultural and Forest Use Annex XII - Hoisting equipment for People Lifting

IMPORTANT

12.134 Is prohibited the manufacturing, importation, marketing, sale, lease,

assignment for any reason and exhibition of machinery and equipment that do not meet all the provisions of this Standard.

IMPORTANT

Law No. 6514, DECEMBER, 22 1977 Article 201 The SIT Ordinance No. 199 of January 17, 2011 CLT

TITLE II - GENERAL RULES OF LABOR PROTECTIONChapter V - SAFETY AND WORK HEALTHSection XI - OF MACHINERY AND EQUIPMENT Art 184 -. Machinery and equipment shall be provided with starting and stopping and other devices that

may be necessary for the prevention of occupational accidents, especially as the risk of accidental activation.

Single paragraph - is prohibited the manufacturing, importation, sale, lease and use of machinery and equipment that do not meet all the provisions of this article.

Article 185 -. Repairs, cleaning and adjustments may only be performed when the machine is stopped, unless the movement is essential for to complete the setup.

Article 186. - The Ministry of Labour will establish additional rules on safety and security measures in machinery and equipment operation, especially the protection of moving parts, distance between them, access roads to machinery and large equipment, tools jobs , suitability and protection measures required when powered or electric.

Infractions

Potential actions of the Ministry of Labor

Penalty

Immediate payment No guarantee that

there will not happen an interdiction / banishment

Does not finish the obligation for compliance

Management

Controlled payments

Planned according company needs, affordability and risk level

ConductAdjustment Term

Payments in short time

Hiring at great prices

No time to study and choose the best solution

There may be banishment / interdiction

Banishemnt x Interdiction

Interdiction Banishment

Calculation of the penalty - Example

Regulation Item Infringement Minimum value Maximum value Number ofevents

SubtotalMín / Máx

12.6.2 I1 1.375 1.507 10 13.750 15.07012.7 I1 1.375 1.507 10 13.750 15.070

12.153 I2 2.749 3.020 1 2.749 3.02012.40 I4 5.491 6.033 10 54.910 60.330

TOTAL in UFIR 85.159 93.490TOTAL in BRL (UFIR = R$1,0641) 90.617,69 99.482,71

For a company of 501-1000 employees, fines values for violations of the Occupational Safety type in UFIRs are:

I1 - 1375-1507I2 - 2749-3020I3 – 4122-4525I4 - 5491-6033For example purposes, we will calculate with 10 occurrences, that is, if the

inspector understand that the company has violated 10 times on 10 different places each of the items relating to the movement of equipment and areas and were:

Overview Analisys Machine Layout as built Inventory List Analysis and Diagnosis Physical arrangements and facilities Training Ergonomics Instrumentation and Calibration Certificates Manuals and Drawings Materials Disposal Operation and Maintenance Procedures Risk assessment

Initial Hiring Suggested

EnsuringContinuity

Create and adequate job procedures Suit process of integrating new employees Suit ergonomic studies Suit forklift handling sites Change storage for materials disposal Adjust electrical drawings of the company Training teams Viability studies Projects to machine conformity Implementation

Subsequent tasks

Option 1: Full-scope budget Budget project without Risk Assessment Phase Budget implementation without a vendor list Budget without equipment design Quality assurance with so many variables

Option 2: Segmented budget Solution control Schedule control Control of investment Quality control

Which is the best strategy?

Production charterHealth insuranceReduction on Business InsurancesReduction or extinction of unhealthinessReduction on factors FAT / FAP / SAT / RAT

(that influence in spending on payroll)Energy saving

Influences of Adequacy to the NR-12

www.advantageautomacao.com.br+55 11 3963 6336

+55 11 9 4127 8498gfpaiva@advantageautomacao.com.br

+55 11 9 9566 4967gcvargas@advantageautomacao.com.br

Gustavo Paiva

Guilherme Vargas