The construction industry is the spine of every nation's economic and social growth. It represents a fundamental point for national development by connecting all other sectors of the economy and services through its supply forward and backward linkages. Experts define this industry as one of the most dangerous in terms of the quantities of occupational accidents. The legislative framework usually means the minimum level organizations must comply with in their operations, being the basis and foundations that guide preventative actions of organizations to avoid occupational accidents and illnesses. This article presents the main rules and regulations established in Brazil and Portugal's current legal provisions, namely NR 18 e Decree-Law 273/2003, respectively. It seeks to conduct a critical analysis highlighting the main similarities and differences between such legislations and proposing improvements based on each other's approaches. The analysis is restricted to risk management since the treatment of other also critical, but more specific dimensions that deal with occupational safety and health (OSH) in the construction industry will not be discussed in this paper. The conclusion brings some highlights that professionals and legislators may consider and insert into their countries’ legal frameworks.

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Critical Analysis of Brazil and Portugal’s Occupational Safety and Health Risk-Management Legislative Framework in Construction

  • Marcelo Tassitano,
  • João Pedro Couto,
  • José Cardoso Teixeira,
  • Sheyla Mara Baptista Serra,
  • Susana Carneiro,
  • Antonio Pereira do Nascimento,
  • Rui Arrifana

摘要

The construction industry is the spine of every nation's economic and social growth. It represents a fundamental point for national development by connecting all other sectors of the economy and services through its supply forward and backward linkages. Experts define this industry as one of the most dangerous in terms of the quantities of occupational accidents. The legislative framework usually means the minimum level organizations must comply with in their operations, being the basis and foundations that guide preventative actions of organizations to avoid occupational accidents and illnesses. This article presents the main rules and regulations established in Brazil and Portugal's current legal provisions, namely NR 18 e Decree-Law 273/2003, respectively. It seeks to conduct a critical analysis highlighting the main similarities and differences between such legislations and proposing improvements based on each other's approaches. The analysis is restricted to risk management since the treatment of other also critical, but more specific dimensions that deal with occupational safety and health (OSH) in the construction industry will not be discussed in this paper. The conclusion brings some highlights that professionals and legislators may consider and insert into their countries’ legal frameworks.