The technical standard “NR-15 – Unhealthy Activities and Operations” establishes as unhealthy activities or operations those that are performed above tolerance limits listed in annexes or proven through inspection reports of the workplace. Depending on the agent being evaluated, entitlement to a payment of an additional amount incident on the minimum wage of the region is evaluated, equivalent to 40%, 20%, or 10% for high, medium, and low degree of unhealthiness, respectively.
This Regulatory Standard establishes that “elimination or neutralization of unhealthiness will be characterized through expert evaluation by a competent agency, which proves the absence of risk to the health of the worker.”
In labor lawsuits, it is the responsibility of the Judicial Expert to evaluate the activities performed by the employee and the agents to which they are exposed, to conclude whether or not the worker is exposed to unhealthy conditions, based on the guidelines presented in NR-15. It is also necessary to evaluate whether personal protective equipment is being used by the worker.
Our professionals provide consulting services for the evaluation of unhealthy agents, the preparation of Technical Reports on Unhealthiness, technical support in the preparation of evidence for rebuttal in labor lawsuits, preparation of technical questions, preliminary inspection to collect data for the expert evaluation, attendance to expert proceedings, preparation of Technical Reports, analysis and preparation of technical opinions on the Expert Report, and technical support in the preparation of evidence for appeal.