Uma dúvida recorrente, tanto para funcionários quanto para diretores de empresas é se a corporação é obrigada ou não, por lei, a ter uma caixa de remédios, caso aconteça algum problema ou caso algum dos funcionários tenha alguma indisposição. Outra dúvida seria se, em caso de ausência da caixa de remédios na empresa, se a corporação responderia por negligência.
Você também tem essas dúvidas? Encontre a resposta para elas no nosso artigo abaixo!
A empresa deve ter uma caixa de remédios?
A lei não obriga a empresa a ter a caixa de remédios para os seus colaboradores. Pelo contrário, o ato de disponibilizar remédios para funcionários pode incentivar a automedicação, prática que tanto a legislação quanto os médicos criticam fortemente.
O motivo é porque alguns sintomas “comuns” — como a dor de cabeça, a tontura, o aumento/queda da pressão e a dor no estômago — podem estar camuflando um problema maior. Assim, ele poderia ser solucionado se o funcionário procurasse um médico ao invés de tentar saná-los sozinho, sem tratar o problema como um todo.
Por isso, a recomendação é que só se tenha a caixa de remédios na empresa caso se tenha também um médico do trabalho presente no local, que possa prestar atendimento e realizar a prescrição para o funcionário. Além dos prejuízos que a empresa pode ter medicando um trabalhador erradamente (por exemplo, a pessoa em questão pode ser alérgico a um medicamento), ela pode sofrer sérias sanções penais.
Isso porque o Código Penal estabelece, em seu artigo 282, que quem exerce a função de um médico sem autorização, pode sofrer detenção de 6 meses a 2 anos. No Brasil, apenas profissionais da área de saúde podem prescrever e recomendar medicamentos.
Ainda é possível enquadrar o responsável pela medicação errada no artigo 284, o qual pune a prática de curandeirismo, prescrevendo, ministrando e aplicando qualquer substância e até fazendo diagnósticos — este também com pena de 6 meses a 2 anos de detenção. Para evitar maiores problemas, evite ter uma caixa de medicamentos na sua empresa.
Dessa maneira, se o funcionário se automedicar, não será de responsabilidade da corporação. Caso alguém tenha um problema de saúde, encaminhe para a unidade de saúde mais próxima.
A corporação precisa ter um kit de primeiros socorros?
O kit de primeiros socorros é obrigatório, pela Norma Reguladora nº 07, para que todos os estabelecimentos possam prestar auxílio em caso de emergência. Dependendo da atividade realizada, é preciso ter uma pessoa treinada em Primeiros Socorros para realizar o trabalho inicial de cuidado com o funcionário que tenha se acidentado.
O ideal é que, independentemente da atividade, sempre haja uma pessoa presente na empresa com noções de primeiros socorros, como forma de assegurar que não sejam cometidos erros para piorar a saúde de um funcionário que passe por algum problema no expediente. Esse kit deve conter sempre: termômetro, tesoura, álcool, algodão, soro fisiológico, gaze, esparadrapo e caixa de curativo adesivo. Lembrando que, caso algum dos itens seja utilizado, deve-se repor o mais depressa possível para que não passe pela situação de ter que socorrer alguém e não ter material disponível.
Cuidar dos primeiros socorros é diferente de medicar um funcionário. O segundo pode trazer consequências sérias — podendo provocar até mesmo a morte —, enquanto o segundo visa melhorar a assepsia e diminuir problemas e dores que a pessoa possa ter, decorrentes de um problema no trabalho.
Gostaria de evitar acidentes, tendo os seus funcionários sempre equipados com os melhores EPIs? Conte com a Astro!
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