História da segurança do trabalho no Brasil | #PortalSMS
History of Occupational Safety and Health in Brazil
Overview of the Historical Context
- The history of occupational safety and health in Brazil spans 177 years, beginning with the first law related to safety established in 1830, which regulated service provision for both Brazilians and foreigners.
Early Developments (1830 - 1891)
- In 1833, Brazil faced labor shortages due to reliance on slave labor, leading to minimal concern for worker safety despite existing laws.
- The transition from slave labor to free labor post-abolition created significant challenges; the first preventive action was initiated with Decree-Law No. 1313 in 1891, focusing on protecting child workers.
Legislative Milestones (1919 - 1934)
- In 1919, Law No. 3.724 was enacted as Brazil's first legislation addressing workplace accidents and professional risks, influenced by Rui Barbosa’s campaign for social welfare.
- The establishment of the National Department of Public Health by Carlos Chagas in 1920 marked a significant step towards industrial hygiene oversight.
Institutional Changes (1936 - 1943)
- In response to high accident rates at companies like Light and Power, a commission was formed in 1936 to analyze workplace accidents.
- The Brazilian Association for Accident Prevention (ABPA) was founded in Rio de Janeiro in 1941, emphasizing corporate responsibility towards worker safety.
Consolidation of Labor Laws (1943 - 1955)
- The consolidation of labor laws through CLT (Consolidação das Leis do Trabalho), established in 1943, included provisions specifically addressing workplace safety and health.
- By creating internal commissions for accident prevention within companies via Decree-Law No. 7036 in 1944, businesses were mandated to prioritize employee safety.
Advancements in Safety Regulations (1955 -1972)
- The introduction of SIPAT (Semana Interna de Prevenção de Acidentes do Trabalho), aimed at promoting awareness about workplace accidents began in November each year starting from the early '50s.
History of Occupational Safety and Health Regulations in Brazil
Establishment of Safety and Health Regulations
- In 1975, Portaria nº 3460 mandated safety and health services in companies. The following year, parecer nº 775 established the role of safety inspector.
- In 1977, Law No. 6514 amended Chapter five of Title two of the CLT regarding occupational safety and health, introducing new requirements for specialized services.
- The publication of the initial 28 Normas Regulamentadoras (NR) in 1978 marked a significant advancement in workplace safety regulations.
Development of Professional Standards
- Law No. 7410 was enacted in 1985 to formalize the specialization in occupational safety engineering, assigning registration responsibilities to the Ministry of Labor and Employment (MTE).
- The Brazilian Constitution established employer liability for workplace accidents in Article 7º, ensuring compensation without excluding indemnity for negligence or intent.
Legal Framework Enhancements
- In 1991, Law No. 8213/91 defined legal concepts related to workplace accidents and diseases, including provisions for benefits under social security.
- Article 22 outlined contribution rates based on risk levels associated with different business activities, promoting accountability among employers.
Communication and Reporting Obligations
- Employers are required to report workplace accidents to relevant authorities as per Article 22's stipulations from Law No. 8213/91.
- The Ministry of Labor can adjust company classifications based on accident statistics to encourage investment in preventive measures.
Recent Developments
- From 1991 to 1997, the ABS agency was formed to coordinate technical studies aimed at enhancing prevention strategies across sectors.
- In January 2002, legislation introduced strict liability for damages caused by certain activities regardless of fault.
Epidemiological Linkages