NR-15 Unhealthy Exposure

NR-15: Unhealthy Work and Exposure Time

Brazilian Regulatory Standard NR-15 lists the activities and operations it classifies as unhealthy (insalubres). Once a worker is exposed above the tolerance limits (Limite de Tolerancia, or LT) set in the standard's annexes, they earn an extra payment on top of the minimum wage, worked out as adicional = grau % · salario minimo. There are three degrees: minimum (10%), medium (20%) and maximum (40%). Which one applies depends on the agent. Noise at ≥ 85 dB(A) for 8 h lands in the medium degree, and so does heat above the IBUTG threshold (usually somewhere between 25°C and 30°C, depending on metabolic rate and rest cycle). Plenty of chemical agents in Annex 11 carry their own LT values, while asbestos or ionising radiation can push a job to the maximum degree.

Exposure time makes or breaks the claim. Habitual, permanent exposure justifies the additional; the occasional brush with the agent does not. The PPP form (Perfil Profissiografico Previdenciario) pulls these measurements together and, alongside Law 8.213/91, backs requests for aposentadoria especial after 15, 20 or 25 years, depending on the agent. If you want to defend the adicional in court (or remove it), periodic environmental monitoring by an occupational hygienist is really the only solid ground.

Applications

Running the monthly insalubridade through payroll. Drafting LTCAT and PPP reports. Backing up CAT (work accident) filings. Planning collective protection that removes the agent, and with it the adicional. And building labour court evidence for lawsuits brought by workers or unions.

FAQ

Is the percentage applied to the worker's salary or the minimum wage? NR-15 still points to the minimum wage, since Sumula 228 of TST is suspended. So payroll uses salario minimo as the base unless a collective agreement says otherwise.

Can I accumulate insalubridade with periculosidade? No. Under CLT art. 193 §2 the worker has to pick whichever of the two pays more.

Does using PPE eliminate the adicional? Only when the EPI provably brings the agent below the LT, with a documented Certificado de Aprovacao (CA), training records and replacement logs to show for it.