Todos nós estamos sujeitos aos males causados pela radiação solar. Os danos sofridos pelo sol ao longo da vida são cumulativos, ou seja, caso não adote alguma medida para se proteger, uma vez danificada a sua pele a tendência é que ainda mais danos estejam por vir. Com os profissionais que trabalham a céu aberto não é diferente.
Quer saber se, além dos Equipamentos de Proteção Individual (EPI), esses funcionários têm direito ao adicional de insalubridade por exposição ao sol? Confira os direitos desses trabalhadores no nosso artigo!
O que é a radiação solar
Trata-se da emissão de energia solar — radiação não-ionizante — sob a forma de ondas que se propagam à velocidade da luz. Mesmo com uma parte dessa radiação sendo absorvida pela própria atmosfera, a radiação ultravioleta se relaciona com a prevalência de câncer de pele ao atingir a superfície terrestre.
Adicional de insalubridade
De acordo com a Consolidação das Leis Trabalhistas (CLT), atividade insalubre é aquela em que o trabalhador se encontra exposto a agentes prejudiciais à sua saúde e acima do limite proposto pelo Ministério do Trabalho e Emprego. A Norma Regulamentadora das atividades insalubres é a NR 15, em que há um grau mínimo, médio e máximo — 10%, 20% e 40% respectivamente. Esse adicional é de acordo com o grau que a sua função está enquadrada.
Direito do trabalhador
Há uma enorme discussão — inclusive contrarias às leis — sobre o adicional de insalubridade por exposição ao sol. Segundo o Tribunal Superior do Trabalho (TST), a radiação solar não é um agente insalubre, uma vez que não se encontra prevista na NR 15 anexo 7 (radiação não-ionizante).
Mas o mesmo Tribunal reconhece o direito à insalubridade ao desconforto térmico pela exposição ao sol, NR 15 anexo 3 — tolerância aos limites de exposição ao calor. No entanto, no entendimento do Tribunal Superior do Trabalho, por falta de previsão legal, o adicional de insalubridade para trabalhadores a céu aberto e expostos à radiação solar é indevido. Sendo assim, como podem sofrer divergências, o reconhecimento do adicional pelo TST pode depender da interpretação do juiz, que acompanha cada caso especificamente.
Artifícios para proteção
O EPI é uma maneira de proteção para todo trabalhador que se expõe muito ao sol. Nele, estão incluídos óculos escuros, chapéus que encobrem a parte posterior e lateral do pescoço, roupas que cobrem partes que podem estar expostas à radiação, bem como o uso de protetor solar. O reconhecimento da importância do EPI é a garantia de segurança e de tranquilidade para os funcionários de uma empresa, principalmente para o seu futuro.
Cuidados com a saúde
O adicional de insalubridade garante ao trabalhador algo a mais, por estar correndo riscos enquanto exerce a sua função. A garantia desse adicional pela exposição ao sol é um tanto divergente e depende de diversos fatores, como das empresas que empregam o trabalhador. Por isso, informe-se mais sobre o adicional de insalubridade por exposição ao sol na sua corporação e utilize os equipamentos de proteção individual (EPI) para trabalhar com segurança.
Sabia que a Astro é uma empresa especializada na distribuição de Equipamentos de Proteção Individual (EPI), contando com uma ampla linha de produtos que garantem a satisfação no trabalho de toda a sua equipe? Confira-os no nosso site!
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I ain’t suggesting your content isn’t solid, but what
if you added a title that grabbed folk’s attention? I
mean Adicional de insalubridade por exposição
ao sol. Como funciona? – Blog da Astro is a little vanilla.
You might peek at Yahoo’s home page and note how they write news titles to grab people interested.
You might add a related video or a picture or two to get people excited about everything’ve written. In my opinion, it
would bring your blog a little bit more interesting.
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