Understand what NR 28 is, how labour inspection works, how fines are calculated (I1 to I4), the criteria for shutdowns and the standard's update for agribusiness.
By: Vitória Willemann
Compliance with the Regulatory Standards is not an optional recommendation; it is a legal obligation backed by Brazil's Consolidated Labour Laws (CLT). When prevention fails or technical documentation is not implemented, the company is subject to heavy sanctions imposed by the State.
To set the rules for labour inspection and the deadlines for regularisation, and to price fines for Occupational Health and Safety violations, Brazil's Ministry of Labour uses NR 28. Based on the standard's official text as updated in 2026, this article explains how inspection works, how fine amounts are calculated and the impact of a shutdown on operations.
Regulatory Standard 28 (NR-28) sets the technical criteria and procedures for Inspection and Penalties. It sets the rules for how Labour Inspection Agents must act during visits, how violation notices are issued and the deadlines granted to companies.
During an inspection, the agent acts on technical criteria (and may even fine the company based on technical reports issued by the organisation's own Occupational Safety Engineer or Occupational Physician). If they find irregularities that do not amount to Serious and Imminent Risk, NR 28 requires the agent to notify the employer, granting a maximum of 60 days for correction.
This deadline may be extended by 120 days (upon a substantiated request) or even longer, provided there is prior negotiation with the workers' union. If the irregularity is not corrected within the deadline, or if the violation is chronic and subject to the double-visit criterion, a Violation Notice (Auto de Infração) is issued.
A company's biggest financial fear during an inspection is not the fine itself, but production coming to a halt. NR 28 is emphatic: when the agent finds a situation of serious and imminent risk to workers' health or physical integrity, they must immediately propose a prohibition (interdição) or a stop-work order (embargo).
During a prohibition or stop-work order, workers continue to receive their wages as normal. Activity can only resume after a new inspection confirms the irregularity has been fully corrected.
The penalty calculation system does not produce arbitrary amounts. NR 28 is purely mathematical and is based on its two annexes. The final fine amount combines three variables:
Update note: The recent version of NR 28 established that violations in rural activities (related to NR 31) now have their own system, calculated on the basis of Law No. 5,889/1973, distinguishing how agribusiness is charged from urban industry.
Understand what NR 26 establishes, the official rules for safety signage, the use of the GHS in labelling and the preparation of the Safety Data Sheet.
Understand NR 25, the safety rules for handling, storing and disposing of industrial waste (solid, liquid and gaseous) and the occupational risk involved.
Understand NR 22, the rules for mining in Brazil, how the CIPAMIN works and the requirements of the sector's Risk Management Programme (PGR).
Understand what NR 21 establishes, the requirements for protection against the weather, the rules on worker housing and how it relates to NRs 18 and 31.
Understand what NR 20 (updated in 2025) establishes, the rules for storing and handling flammables, the standard's Classes and the Facility File.
Understand what NR 19 establishes, the strict rules for manufacturing, handling and storing explosives, and the technical prohibitions updated by the MTE.
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