Considering the career of the electrician and professionals in the electricity industry, I believe that dangerousness is the biggest doubt among these professionals. Who is entitled to dangerousness? What activities are covered by this right? What laws or regulations govern this right? Danger to maintenance electricians? How does dangerousness work for the building electrician? These are some of the many questions I have received on the topic.
The so-called additional hazard i value due to the employee who is exposed to dangerous activities, according to the regulations of the Ministry of Labor and Employment (MTE). The object of workers’ greed is detailed right at the beginning of NR16 – DANGEROUS ACTIVITIES AND OPERATIONS:
16.2 The exercise of work in dangerous conditions ensures the worker the perception of an additional 30%
(thirty percent), levied on the salary, without the additions resulting from bonuses, prizes or participation in
the company’s profits.
ABRACOPEL, the Brazilian Association for Awareness of the Dangers of Electricity, presents alarming data on the increase in the number of deaths from electrical accidents, which expresses and makes clear the danger linked to activities involving electricity.
On December 8, 2012, article 193 of the CLT was amended by law No. 12,740 to include electrical energy among dangerous activities or operations, revoking Law No. 7,369, of September 20, 1985, which instituted the additional salary for electricians. See the text:
Art. 193. Hazardous activities or operations are considered, in the form of the regulation approved by the Ministry of Labor and Employment, those which, due to their nature or work methods, imply a marked risk due to the permanent exposure of the worker to
I – flammable, explosive or electrical energy;
The year 2014 was decisive for this matter, as annex 4 of NR16 entered into force on July 16, 2014. DANGEROUS ACTIVITIES AND OPERATIONS WITH ELECTRIC ENERGY and this was the missing regulation for the issue of hazard for electricians, the very text of Art. 193 mentions that this danger should be regulated by rule as highlighted in the text of the article.
In the audio below you can learn more about the hazard for electricians.
So what kind of electrical professional is entitled to dangerousness?
The NR16 standard is very clear and does not leave as many doubts as the previous legislation, so in its first item it clarifies that it is entitled to dangerousness:
a) that perform activities or operations in electrical installations or equipment energized at high voltage;
b) who carry out activities or operations with work in proximity, as established by NR-10;
c) who carry out activities or operations in electrical installations or equipment energized at low voltage in the
electrical consumption system – SEC, in the event of non-compliance with item 10.2.8 and its sub-items of NR10 – Safety in
Installations and Services in Electricity;
d) the companies that operate in installations or equipment that are part of the electric power system – SEP, as well as
their contractors, in accordance with the activities and respective risk areas described in table I of this annex.
For high voltage workers, stipulated by NR10 as being above 1000V in alternating current or 1500V in direct current, and SEP (electrical power system) workers, there was never much of a problem to characterize dangerousness, the big question was always with the workers of the SEC (electrical consumption system) that include building electricians, panel builders, low-voltage industrial maintenance electricians, among many other nomenclatures for electrical professionals.
In ring c) it is said that in the SEC the professionals are entitled when the circuits are energized and in breach of item 10.2.8 and sub-items of NR10 that deal with collective control measures primarily the de-energization and its stages.
Who should not receive the dangerousness?
Still in the sense of clarifying in item 2, NR16 deals with cases where there is no danger for electricity activity:
a) in the activities or operations in the electrical consumption system in installations or electrical equipment de-energized and
released for work, without the possibility of accidental energization, as established by NR-10;
b) in activities or operations in electrical installations or equipment powered by extra-low voltage;
c) in elementary activities or operations carried out at low voltage, such as the use of
energized electrical equipment and the procedures for turning electrical circuits on and off, provided that the electrical materials and equipment
are in accordance with the official technical standards established by the competent bodies and , in their absence or
omission, the applicable international standards.
Again, the washer c) is the central point when it comes to turning on and off low voltage electrical circuits, it can be understood as simple tests of the functioning of machines, equipment and circuits, such as testing the functioning of a lighting circuit, turning it on and off. disconnect from engines for function testing and etc.
Before this annex to NR16, the entire process was interpretative and it was up to companies, workers, lawyers and judges to interpret and say what was dangerous about electricity, the final word always being the burden of labor judges when the situation reached legal extremes. It is imagined that, based on this legislation and regulation, there will be a reduction in labor claims involving hazardous electricity.