Risk factor noise: "normative noise" and governmental silence

Abstract

This article approaches in a critical and propositive way the governmental inertia regarding the necessary harmonization of parameters, methodology, procedures and limits of tolerance pertinent to the noise risk factor. Within Brazil's federal government, there is an anomalous bifurcation from a legal-normative, as well as technical-procedural perspective regarding noise levels evaluation and tolerance, since what is valid for the Federal Revenue Service (Receita Federal do Brasil - RFB) and the National Institute of Social Insurance (Instituto Nacional do Seguro Social -INSS) does not apply to the Ministry of Labor (Ministério do Trabalho - MTb). Therefore, the right to a contribution time reduced to 25 years, granted by the INSS, and the corresponding payment by the company to the RFB, totalling 6% of the employee's remuneration, follow the Occupational Hygiene Standard 01 (Norma de Higiene Ocupacional NHO-01) published by Fundacentro (research institution linked to MTb), while the payment of additional remuneration by the company (20% of the minimum wage) to its employees adopts the anachronistic, elusive and misguided Annex I of the Regulatory Standard 15 (NR15), published by MTb. This work contextualizes and explains the fiscal procedure and the recognition of rights attached to noise, through a historical, inclusive normative approach. The definition and meanings of the main evaluation parameters (Criterion Level - CL, Exchange Rate (ER) and Threshold Level - TL) are discussed. Practical examples that show the harmful consequences to the worker as a result of this "normative noise", caused by the reckless validity of Annex I of NR 15, are presented. Finally, this article raises solutions that harmonize the normative interministerial acts, while proposing corrections of INSS norms that disobey superior commandments.