The Ministry of Labor and Employment (MTE) has published a significant update to NR-16, the standard regulating hazardous activities, with a special focus on protecting workers who use motorcycles in their professional routines. This measure represents a major step forward in modernizing Occupational Health and Safety (OHS) rules and directly impacts companies operating with delivery drivers, motorcycle couriers (motoboys), external technicians, route supervisors, and other employees who frequently travel on two wheels.
The new wording of NR-16 aims to provide greater legal certainty and technical precision in characterizing hazardous conditions. It establishes clearer criteria regarding when hazard pay is due and reinforces employer obligations related to accident prevention. This update is a response to the significant growth of professional activities that depend on motorcycles, particularly with the expansion of delivery and external customer services, which expose workers to constant traffic risks.
With these changes, labor inspections are expected to become more objective, reducing ambiguity regarding the classification of hazardous activities. However, this also expands corporate responsibility: companies must now demonstrate strict compliance with the new parameters. This includes preparing precise Hazard Assessment Reports, documenting labor routines, and implementing robust preventive measures. In practice, simply paying (or not paying) the hazard premium is no longer sufficient; providing a sound technical and documentary justification for the decision is now indispensable.
In this scenario, it is essential for employers to immediately review their reports, contracts, and internal policies, especially those involving employees who habitually use motorcycles. Adopting training programs, road safety policies, motorcycle maintenance routines, and guidelines on speed, breaks, and routes—while respecting LGPD limits on operational monitoring—are now crucial elements to mitigate labor and social security risks.
The modernization of NR-16 is part of a broader MTE initiative to strengthen OHS practices and reduce accidents. For 2026, we expect stricter enforcement and an increase in labor claims involving motorcyclists, albeit based on more defined technical criteria. Companies that act proactively to strengthen their compliance and internal routines will be better positioned to avoid liabilities and demonstrate commitment to their workers' safety.
Our firm remains available to assist companies with document review, preparation of Hazard Assessment Reports, adaptation of internal practices to new requirements, and preventive legal monitoring. Adjustments made now ensure legal certainty and significantly reduce future risks.