Norma impede interdição de maquinário por fiscal

Norma impede interdição de maquinário por fiscal

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Após longa negociação com as empresas, o Ministério do Trabalho estabeleceu, por norma, que as indústrias não poderão mais ser autuadas ou ter equipamentos ou máquinas interditados em uma primeira visita da fiscalização, por estarem em desacordo com normas de segurança e saúde. Os auditores fiscais do trabalho terão que obedecer a um procedimento especial: preencher um termo de notificação com prazos de até 12 meses para a correção de irregularidades.

Somente em 2016 foram lavrados 8.506 autos de infração que envolvem segurança e saúde pelos auditores fiscais do trabalho, com 1.094 interdições de máquinas ou equipamentos, segundo dados do Sistema Federal de Inspeção do Trabalho, do Ministério do Trabalho. Desde 2010, quando a fiscalização se intensificou, foram lavrados 60.333 autos de infração, com 9.403 embargos.

A mudança foi estabelecida por meio da Instrução Normativa nº 129, do Ministério do Trabalho, editada em janeiro. A norma, segundo a gerente-executiva de Relações do Trabalho da Confederação Nacional da Indústria (CNI), Sylvia Lorena, representa um avanço e “um reconhecimento pelo Ministério do Trabalho e pela fiscalização da dificuldade dos empresários em cumprir as exigências da NR-12 [Norma Regulamentadora nº 12]”. Para ela, “há a necessidade de uma fiscalização muito mais na base da orientação do que da punição”.

Instituída em 1978, a NR-12, que abrange todo o parque industrial brasileiro, estabelece requisitos para a prevenção de acidentes e de doenças do trabalho. Em 2010, a norma foi modificada e ampliou de 40 para 340 os itens obrigatórios a serem cumpridos pelas empresas, inclusive com exigências retroativas ao maquinário já existente. A alteração gerou reclamações da indústria devido ao alto custo de implementação e ao aumento na quantidade das multas por descumprimento das regras.

A instrução normativa ainda estabelece que, caso a empresa comprove a inviabilidade técnica e/ou financeira para atendimento dos prazos, poderá apresentar um plano de trabalho com cronograma de implementação das mudanças. O plano deverá ser aprovado pelo auditor e protocolado pelo empregador em até 30 dias do recebimento da notificação ou em outro prazo superior a ser ajustado com o fiscal do trabalho.

Para Sylvia Lorena, da CNI, o Ministério do Trabalho se sensibilizou com o fato de como essa fiscalização poderia afetar as economias regionais, como já ocorreu em Nova Serrana (MG), cidade que concentra mais de 800 empresas calçadistas. As atividades de indústrias ficaram paralisadas porque as máquinas não estavam adequadas às exigências da NR-12.

Por nota, a assessoria de imprensa do Ministério do Trabalho informa que a instrução normativa “é fruto de negociações envolvendo representantes de empregadores, de trabalhadores, do Ministério Público do Trabalho e do governo”, diante da “dificuldade que alguns setores têm enfrentado para adequar todo o maquinário à norma”.

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O objetivo principal da norma, segundo o Ministério do Trabalho, seria a busca da prevenção efetiva de acidentes do trabalho. “Ao permitir que cada caso seja avaliado individualmente e que seja feito um plano de trabalho detalhado, com prazos bem definidos, para adequação de todos os estabelecimentos à NR-12, espera-se evitar embates na seara administrativa ou judicial, promovendo de maneira mais direta e eficaz a redução dos acidentes”.

Especialista em direito do trabalho, o advogado Carlos Eduardo Dantas Costa, do Peixoto & Cury Advogados, afirma que esse procedimento especial representa “um grande passo”, já que o padrão de segurança exigido pela NR-12 é incompatível com a realidade mundial. “Máquinas novas vindas da Alemanha, que é referência em segurança do trabalho, não atendem aos requisitos”, diz. Como a norma é extremamente rígida, o advogado afirma que “o empresariado ficava refém da fiscalização”.

A advogada trabalhista Caroline Marchi, sócia do Machado Meyer Advogados, lembra que em 2010 assessorou uma empresa na Bahia, que teve sua fábrica interditada. Na época, entraram com uma medida cautelar para que um juiz enviasse emergencialmente um profissional para identificar se havia perigo eminente. “O perito identificou que não havia nada que gerasse uma situação de risco eminente para os empregados que justificasse a paralisação”, diz.

Outros casos ocorreram, segundo a advogada, em Campinas (SP), Sorocaba (SP) e Manaus, o que gerou, além de autuações do Ministério do Trabalho, Termos de Ajustamento de Conduta (TACs) com o Ministério Público do Trabalho (MPT).

A advogada ressalta que mesmo essas empresas não estão livres da possibilidade de terem que firmar cronogramas de implantação com o Ministério do Trabalho, já que são órgãos independentes. Há, porém, decisões judiciais que estabelecem que esses TACs podem valer para os dois órgãos. “A empresa que já tem TAC firmado, por exemplo, também poderia estabelecer um cronograma diferente com o Ministério do Trabalho, ao perceber dificuldades de implantação”, afirma.

Para Caroline, a nova instrução normativa está muito equilibrada. “O Ministério do Trabalho deu um passo atrás, ao considerar a especificidade de cada empresa. Por outro lado, acabou não matando a ideia [com relação as regras da NR-12], que a longo prazo pode ser boa.”

Por Adriana Aguiar | De São Paulo

Fonte: Valor Econômico
Data: 13 de fevereiro de 2017
Acesso: 15 de fevereiro de 2017

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