O Gerenciamento de Riscos Previdenciários nas Relações Laborais

Abstract

The preparation of this work, which aims to analyze the changes that occurred in NR-9 (PPRA) that culminated in the creation of a more comprehensive risk management program (PGR) than the previous one, by the Tripartite Commission of the Ministry of Labour and Social Security, because it included essential risks to workers' health, in addition to measures that must be taken by the company in order to demonstrate the effectiveness of this program.

The understanding of the PGR's points of change is fundamental, considering that the lack of its implementation generates inspection fines, an increase in the FAP percentage, with repercussions on the SAT, as well as the employees' sequelae which, if the company's guilt is found to be at fault, generate regressive lawsuits filed by the INSS, besides the payment of indemnifications to employees in the civil sphere.

The NR-9 effectively established the physical, chemical and biological risks and the PCMSO continues to be an adjunct to the PGR, in the control of the employees' health.

From the various stages of implementation of the compliance program, it is possible to foresee the risks and act to extinguish or mitigate them.

The provision about the workers' health began with the Federal Constitution of 1934, with the forecast of medical and sanitary assistance, following until the Federal Constitution of 1988, which brought a specific article (art. 7th) safeguarding the rights of workers about health and safety at work. 

Currently, these provisions demonstrate the importance of preserving the employee's health, since the exercise of their function is a fundamental right to safeguard their dignity as a human being and their autonomy.