NR-28: inspections and penalties in Brazil

NR-28 regulates aspects of inspections and penalties for occupational safety and health breaches in Brazil.

In brief

The relationship between inspections, requirements, infringement classification and corrective measures.

Contents
  1. Purpose of NR-28
  2. How an infringement is documented
  3. Requirements and deadlines
  4. Classification and calculation
  5. Example of managing a requirement
  6. Difference from a stoppage
  7. Related concepts
  8. References

A–Z dictionary →

Purpose of NR-28

NR-28 forms part of Brazil’s labour-inspection framework. It establishes provisions on inspections, correction deadlines and penalties linked to OSH regulatory standards. It must be read alongside labour legislation and inspection procedures. It is not a price list for deciding whether breaching a safety measure is cheaper than complying.

How an infringement is documented

Inspection action may rely on documents and other evidence concerning observed facts. The enterprise must distinguish the physical condition, applicable requirement and available evidence. Providing a signed procedure does not, by itself, prove that it is followed in the workplace. Similarly, a photograph without a date or context may be insufficient to explain how a situation was corrected.

Requirements and deadlines

The regulation provides for notifications and rules on time limits, requests and subsequent actions. Each communication and its procedural context must be reviewed, avoiding assumptions that a prior warning or automatic extension will always be provided. Administrative deadlines must not be interpreted as permission to maintain dangerous exposure. Where a serious risk exists, the preventive response cannot simply wait for a date to expire.

Classification and calculation

The annexes link breaches to codes and penalty criteria. The official version consulted includes 2026 amendments and references to updated amounts. An old monetary table can therefore produce incorrect results. In a specific case, the breached provision, facts, circumstances and current rules must be verified, with competent advice where necessary.

Example of managing a requirement

A site receives an observation about unsafe access to equipment. It can open an action identifying the area, technical correction, responsible person and verification date. The documentary response should show that access actually changed and that similar uses were reviewed. A purchase receipt without installation or verification establishes only one stage of the process, not closure of the condition.

Difference from a stoppage

Penalties and requirements must not be confused with embargo or interdição measures addressing serious and imminent risk. These instruments have distinct purposes and requirements. The general concept of occupational risk prevention infringements and penalties helps organise the issue, but does not transfer Spanish penalties to Brazil. The operational priority remains eliminating risk and preserving faithful evidence of the actions taken, without altering records or reconstructing activities that never occurred.

References

  1. NR-28: Inspection and Penalties. Official source
  2. NR-28: Inspection and Penalties — official text. Official source

Editorial information

Publication date: 1 November 2026.

Editorial responsibility: Sabentis Editorial Team.

Author: Pablo RodríguezLinkedIn

Executive Vice President of the ORP International Foundation and Chief Financial Officer of Sabentis.

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