NR15 – Unhealthy Activities and Operations

(Last amendment on August 14, 2014)

15.1 Unhealthy activities and operations are those which are:

15.1.1 Above the tolerance limits specified in Annex 1, 2, 3, 5, 11 and 12;

15.1.2 (Repealed by Ordinance MTE no 3751, November 23, 1990)

15.1.3 Activities mentioned in Annex 6, 13 and 14;

15.1.4 Proven through workplace inspection reports listed in Annex 7, 8, 9 and 10.

15.1.5 For the purposes of this Standard, “Tolerance Limit” is the concentration or maximum or minimum intensity related to the nature and the duration of exposure to the agent, which will not cause harm to the health of the workers during their professional life.

15.2 Exercising work in unhealthy conditions assures the workers of additional payment computed on minimum wage in the region, equivalent to:

15.2.1 40% (forty percent), for high degree;

15.2.2 20% (twenty percent), for medium degree;

15.2.3 10% (ten percent), for minimum degree;

15.3 In case of more than one unhealthy incidence, the highest degree shall be considered for the calculation of the salary increase. Cumulative percentage shall be prohibited.

15.4 The elimination or neutralization of the unhealthy conditions shall cease the relevant additional payment.

15.4.1 The elimination or neutralization of the unhealthy conditions are expected to be realized:

a) with the adaptation of the measures in general order that retain the working environment within the tolerance limits;
b) with the use of personal protective equipments.

15.4.1.1 It is up to the regional authority on occupational health and safety to set an additional payment for the employees exposed to health hazards when the elimination or neutralization is impractical, when unhealthy activities and operations are confirmed in the technical report prepared by a duly qualified safety engineer or occupational doctor.

15.4.1.2 The elimination or neutralization of the unhealthy conditions shall be determined by an expert evaluation of the competent body which would prove that there is no health risk to the workers.

15.5 It is made available to the businesses and unions of professional category to request the Ministry of Labor to conduct an expertise in the establishment or sector, through DRTs, with an objective to characterize and classify or determine unhealthy activity.

15.5.1 During the expertise requested from the Regional Labor Offices, provided that an unhealthy activity or operation is proven, the expert of the Ministry of Labor shall indicate additional payment.

15.6 The expert shall describe the technique and the equipments in the report.

15.7 The provisions in item 15.5 do not affect the supervisory action or ex-officio expertise of the Ministry of Labor, when requested by the courts in the locations where there is no expert.

 

Degrees of Unhealthy Activities and Conditions

Annex Activities or operations that expose the workers Percentage
1 Continuous or intermittent noise levels above the tolerance limits set out in the table in Annex 1 and in item 6 of the Annex. 20%
2 Impact noise levels above the tolerance limits set out in items 2 and 3 of Annex 2. 20%
3 Exposure to heat with the WBGT values above the tolerance limits set out in Table 1 and Table 2. 20%
4 (Repealed by Ordinance MTPS no. 3751, November 23, 1990)
5 Ionizing radiation levels above the tolerance limits set out in this Annex. 40%
6 Pressurized air. 40%
7 Non-ionizing radiation considered unhealthy as a result of the inspection conducted in the workplace. 20%
8 Vibration considered unhealthy as a result of the inspection conducted in the workplace. 20%
9 Cold considered unhealthy as a result of the inspection conducted in the workplace. 20%
10 Humidity considered unhealthy as a result of the inspection conducted in the workplace. 20%
11 Chemical agents with concentrations above the tolerance limits set out in Table 1. 10%, 20% and 40%
12 Mineral dusts with concentrations above the tolerance limits set out in the Annex. 40%
13 Activities or operations, which involve chemical agents, considered unhealthy as a result of the inspection conducted in the workplace. 10%, 20% and 40%
14 Biological agents. 20% and 40%

 

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 – (Repealed by Ordinance MTPS 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