Formal and technical issues to be observed in technical note SEI 14127/2021-ME in the context of the COVID-19 pandemic

Abstract

The challenges arising from the COVID-19 pandemic required several adaptations in all spheres, to reduce the impacts of the spread of the new coronavirus. Many regulations were created, with the aim of complementing the current provisions and facilitating the performance of both the public and the administrated machines. The basic structure of health and safety at work legislation is found in the regulatory standards, which already provide for risk analysis methodology and taking measures in relation to the most diverse risks arising from work activity. However, among the numerous normative provisions edited to combat the pandemic, the technical note SEI 14127/2021 was published in March 2021, generating a great conflict of understandings about the risk of occupational exposure to this biological agent, under the allegation of counteracting devices present in regulatory standards. Such conflicts were verified both among the administrators and among the legal operators, especially about the point that there would be no legal obligation that imposes the inclusion of measures for the prevention of COVID-19 in the Occupational Health Medical Control Program (PCMSO). In this field, numerous diametrically distinct manifestations were published, by different organs and vehicles, which is why this technical and legal analysis of the mandatory inclusion of prevention measures related to the new coronavirus in the health and safety at work programs developed in organizations is carried out, especially about the Risk Management Program (RMP) and the Medical Control and Occupational Health Program (PCMSO).