You have probably heard of it, but you know the difference between dangerousness and unhealthiness? If you work with civil construction, industries or other risky activities on a daily basis, these concepts are important.
These two concepts are similar and consist of rights granted by the Consolidation of Labor Laws (CLT), however, they do not have the same meaning.
Do you know the difference between unhealthy and dangerous? Do you know if you have the right to receive any of them? Follow the topics below to learn more about this topic:
- What is unhealthy ?;
- What is dangerousness ?;
- What are the differences between unhealthy and dangerous ?;
- What does the law say on the subject ?;
- Who is entitled to the unhealthy and dangerous premium ?;
- How to calculate the unhealthy and dangerous premiums ?.
In this text, we will explain the main concepts that involve these two labor rights. If you want to remember, what rights have changed with the 2017 labor reform, we suggest reading of the article: ‘Labor rights: know what has changed with the new reform? ‘.
Now, to understand a little more about unhealthy and dangerous and to know if you have the right to receive them, continue with us. Come on?
What is unhealthy?
Unhealthy is the term used to define something that is not healthy, that is, not hygienic and healthy. In the work environment, it refers to an environment hostile to health according to NR15.
It indicates that the worker may be exposed to some chemical, physical and / or biological agent in his daily life and that can be harmful to his health.
In this way, the person is entitled to an additional salary for exercising his activities in these conditions.
You additional unhealthiness may vary according to the degree of exposure to risky situations or agents harmful to health. Thus, they can be 10%, 20% or 40%.
What is dangerousness?
Hazardousness it is a word that indicates something dangerous, risky for life. Therefore, when applied to the work environment, it means that an activity puts the physical integrity of the worker at risk.
The purpose of this add-on is to protect workers who are in dangerous professions and they need to take risks daily.
This right is normally applied in the area of occupational safety and health. It indicates that certain activities and functions are considered a threat to the life and health of employees.
Therefore, according to the CLT, professionals have the right to enjoy extra remuneration as a form of “reward” for the risk they are willing to take to perform their job.
The main activities that are subject to the hazard premium are those that fall under Article 193 of the CLT.
In them, the worker may face situations with the use of explosives, flammable substances or be in places susceptible to theft, for example.
As you can see, the two previous concepts are similar, but there are many differences between unhealthy and dangerous. So now that you understand the meaning of both, let's go to them:
What is the difference between unhealthy and dangerous?
The main difference between unhealthy and dangerous it is precisely related to the time, in the medium or long term, of the worker's exposure to some danger.
Unhealthiness can be considered a milder risk, and can cause damage to health if the professional spends a long time exposed to the harmful agent.
Meanwhile, the hazard indicates an immediate danger, that is, the risk is intense to the employee's life and some fatality can happen at any time.
Therefore, the unhealthy it is a danger that the employee will need to be concerned with throughout his life, as the damage caused may have effects in the future. In dangerous situations, just a second in which the professional is exposed to the threat can be fatal.
But after all, who is entitled to these two rights? How to prove that an activity is unhealthy or dangerous?
What does the law say on the topic?
Although there is a difference between unhealthy and dangerous, both put the health of employees at risk and, therefore, are provided by law.
First, in both cases, the use of Personal Protective Equipment (PPE) is required according to the risks and danger situations of each activity.
PPE is mandatory and aims to reduce the hazardous conditions in which workers are exposed.
In addition, labor legislation provides for other rights for workers. Are they:
According to the CLT and Regulatory Standard No. 15, all activities considered unhealthy fall under art. 189 that says:
Art. 189 – unhealthy activities or operations will be considered to be those that, by their nature, conditions or working methods, expose employees to agents harmful to health, above the tolerance limits established due to the nature and intensity of the agent and the time of exposure to its effects.
Complementary to the article, NR15 determines that the following reasons frame professionals in an unhealthy job, such as:
- continuous or intermittent noise;
- excessive exposure to heat or cold;
- hyperbaric conditions;
- mineral dust;
- ionizing and non-ionizing radiation;
- chemical and biological agents;
In the meantime, the dangerousness is foreseen in the article 193 which determines every activity that puts the employee's life at risk, along with some examples where this situation fits. Check out:
Art. 193 – Dangerous activities or operations are considered, in the form of regulations approved by the Ministry of Labor and Employment, those that, due to their nature or work methods, entail a marked risk due to the permanent exposure of the worker to:
1. flammable, explosive or electrical energy;
2. theft or other types of physical violence in professional personal or property security activities.
In addition to the provisions of the law, the cases that are classified as dangerous are established in NR 16, such as:
- storage, transportation, detonation or handling of explosives;
- transport and storage of flammable, liquid and liquefied gases.
In order to prove that an activity is classified as unhealthy or dangerous, it is necessary to carry out a technical expertise from an Occupational Physician or Occupational Engineer. In this way, it is possible to determine the conditions and levels of danger to which the employees are exposed.
Who is entitled to the unhealthy and dangerous premium?
Now that you know the difference between unhealthy and dangerous and their particularities, it is essential to understand who can use this right.
They are guaranteed to all professionals who perform any type of profession considered to be at risk to life or health. All categories are defined in the CLT.
Unhealthy work is a right of professionals exposed to risks for short periods of time, such as:
- radiology technicians;
- metallurgy professionals;
Now, the professionals who are entitled to the hazardous premium are those who are exposed to dangers that can cause immediate death, such as:
- electric engineer;
- vigilant and security;
- military police.
Is it possible to be entitled to the two additional ones?
According to the change enacted in 2021 by the STF, workers cannot receive both rights. Prior to this, art. 193 of the CLT allowed the professional to choose which of the two would receive.
As the difference between unhealthy and dangerous is very tenuous, it often left room for loopholes, allowing employees to seek legal ways to acquire both.
Thus, the STF decreed a ban on the accumulation of additionals in 2021. Now, it is up to professionals to choose only one of them to receive, based on the criteria established by the Regulatory Norms.
How to calculate the unhealthy and dangerous premiums?
In order to determine the amount received in the unhealthy and dangerous premiums, it is necessary to know the degree of danger to which the professional is exposed.
Therefore, the way of calculating the values is different between unhealthy and dangerous. Each has its rules, check out:
Calculation of unhealthy work additional
The unhealthy allowance is based on the minimum wage and the degree of risk to which the professional is exposed:
- the degree minimum unhealthiness corresponds to 10% of the minimum wage;
- the degree average unhealthiness corresponds to 20% of the minimum wage;
- the degree maximum unhealthiness corresponds to 40% of the minimum wage.
Thus, for example, if a worker is exposed to a situation of maximum unhealthiness and the minimum wage is £ 1,100.00, he must receive an additional 40% under this amount, that is, 440 reais will be added to his wages monthly.
Calculation of the hazard premium
The hazard premium is calculated according to the salary received by the professional. Thus, it is necessary to calculate 30% under the gross salary, which will be added to the monthly salary received.
For example, if an employee receives £ 2500 reais in gross salary, it is necessary to calculate 30% of that amount. Therefore, every month he will receive an increase of RS750.
Understanding the difference between unhealthy and dangerous is essential to guarantee this additional to all employees who have the right to receive them. Therefore, always try to stay informed.
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