NR-15 Unhealthy Activities and Operations

(MTP Ordinance No. 426, of October 7, 2021)

15.1 Activities or operations are considered unhealthy if they develop:

15.1.1 Above the tolerance limits provided for in Annexes 1, 2, 3, 5, 11, and 12;

15.1.2 (Revoked by MTE Ordinance No. 3.751, of November 23, 1990)

15.1.3 In the activities mentioned in Annexes 6, 13, and 14;

15.1.4 Proven through a workplace inspection report, listed in Annexes 7, 8, 9, and 10.

15.1.5 “Tolerance Limit” is understood, for the purposes of this Standard, as the maximum or minimum concentration or intensity, related to the nature and exposure time to the agent, that will not harm the worker’s health during their working life.

15.2 Working under unhealthy conditions, according to the sub-items of the previous item, ensures the worker receives an additional payment, calculated on the minimum wage of the region, equivalent to:

15.2.1 40% (forty percent) for maximum degree of unhealthy conditions;

15.2.2 20% (twenty percent) for medium degree of unhealthy conditions;

15.2.3 10% (ten percent) for minimum degree of unhealthy conditions;

15.3 In the case of the incidence of more than one factor, only the highest degree will be considered for salary increment purposes, and cumulative perception is prohibited.

15.4 The elimination or neutralization of unhealthy conditions will determine the cessation of the respective additional payment.

15.4.1 The elimination or neutralization of unhealthy conditions should occur:

a) with the adoption of general measures that keep the workplace within the tolerance limits;

b) with the use of personal protective equipment. It is the responsibility of the regional authority competent in worker safety and health matters, once unhealthy conditions is proven by a technical report from a safety engineer or occupational physician, to set the additional payment due to employees exposed to unhealthy conditions when its elimination or neutralization is impracticable. The elimination or neutralization of unhealthy conditions will be characterized through an expert evaluation by a competent body, which proves the absence of risk to the worker’s health.

15.5 Companies and unions of the relevant professional categories are allowed to request the Ministry of Labor, through the Regional Labor Offices (DRTs), to conduct an inspection in an establishment or sector thereof, with the aim of characterizing and classifying or determining unhealthy activities.

15.5.1 In the inspections requested to the Regional Labor Offices, if unhealthy conditions is proven, the Ministry of Labor’s expert will indicate the additional compensation due.

15.6 The expert will describe the technique and equipment used in the report.

15.7 The provision in item 15.5 does not affect the supervisory actions of the Ministry of Labor nor the ex-officio conduct of inspections when requested by the judiciary, in locations where there is no expert.

Annex 1 – Tolerance Limits for Continuous or Intermittent Noise

Annex 2 – Tolerance Limits for Impact Noise

Annex 3 – Tolerance Limits for Heat Exposure

Annex 4 (Revoked by MTPS Ordinance No. 3751, November 23, 1990)

Annex 5 – Ionizing Radiation

Annex 6 – Works Under Hyperbaric Conditions

Annex 7 – Non-ionizing Radiation

Annex 8 – Vibration

Annex 9 – Cold

Annex 10 – Humidity

Annex 11 – Tolerance Limits for Chemical Agents and Inspections in the Workplace

Annex 12 – Tolerance Limits for Mineral Dusts

Annex 13 – Chemical Agents

Annex 13A – Benzene

Annex 14 – Biological Agents