The responsibility for personal protective equipment is reciprocal, both of employers and employees (art. TUTU)
At the beginning of August, changes to Regulatory Norm (NR) 6 – Personal Protective Equipment (PPE) promoted by the Ministry of Labor and Social Welfare came into force. Given the complexity of the topic, below are the points that your company must pay attention to in order not to make mistakes regarding safety in the work environment.
The safety of workers will become safety for the employer only with the proper use of PPE, i.e. if these three basic steps are followed: it is not enough for the company to provide PPE for workers, it is necessary to provide PPE for the appropriate risk; confirm that you have provided/delivered PPE to the worker; and supervise its use.
A worker’s refusal to use PPE may lead to his/her dismissal for just cause. This is because health and safety are non-affordable commodities and no one has the right to dispose of their health by refusing to use equipment.
It is precisely for this reason that the employer is obliged to warn the worker who, aware of the importance of PPE, refuses to use it. In addition, the employee must be properly oriented and trained.
Companies must also comply with other rules, such as:
– provide the employee with personal protective equipment appropriate to the risk, in perfect condition and correct;
– record your delivery to the employee, with the possibility of adopting booklets, cards or an electronic system, including a biometric system;
– replace PPE immediately when it is damaged or lost; and report all observed irregularities to the national authority responsible for occupational safety and health.
The company may establish specific procedures for cleaning, periodic maintenance and replacement of PPE. In addition, you must choose safety equipment according to the activity you are doing; prevention measures based on identified hazards and assessed professional risks; efficiency required to control risk exposure; adaptability of the equipment to the employee and the comfort offered according to the assessment of the group of employees; and compatibility, in cases requiring the simultaneous use of several PPE, to ensure their effectiveness in protecting against existing risks.
The selection of PPE must be made by the company with the participation of the Specialized Service of Protective Engineering and Occupational Medicine (SESMT), if any, after consultation with the user’s employees and the Internal Accident Prevention Commission (CIPA) or designee.
The worker is no less responsible. As already stated, PPE must ensure the safety of those who use it and those responsible for providing it. Therefore, the responsibility is mutual, both employers and employees.
It is the worker’s responsibility to use PPE only for the purpose for which it is intended; be responsible for cleaning, storage and preservation; notify the organization in case of loss, damage or any change that makes it unsuitable for use; and follow the company’s guidelines for proper use.
Finally, it must be taken into account that the use of PPE eliminates the additional payment of unhealthy work by the company, according to Article 191 of the Consolidation of the Labor Code (CLT).
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The Federation of Trade in Goods, Services and Tourism of the State of São Paulo (FecomercioSP) strives to promote best labor practices based on current legislation, looking for ways to modernize labor issues where necessary. Follow the Labor Reform rules in the content below.
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