Aplicar injeções em trabalho na farmácia gera adicional de insalubridade
Aplicar injeções de forma rotineira no trabalho como farmacêutico gera direito de receber adicional por insalubridade. Com este entendimento, a Subseção I Especializada em Dissídios Individuais (SDI-1) do Tribunal Superior do Trabalho decidiu, por maioria, condenar uma farmácia a pagar o benefício a uma gerente, por causa da aplicação de injeções de forma rotineira. O resultado do julgamento reformou decisão da 8ª Turma do TST que havia negado o pagamento da parcela à trabalhadora.
Na ação judicial, a gerente disse que, desde a sua admissão na drogaria, aplicava injeções de forma habitual, ficando exposta a agentes nocivos, razão pela qual entendeu que deveria receber adicional de insalubridade em grau máximo (40% do salário-mínimo).
Por outro lado, a empresa alegou que a trabalhadora jamais aplicou injeções, e que as atividades desenvolvidas pela empregada nunca a expuseram a agentes insalubres.
Respaldo fático
Relator do processo na Subseção, o ministro Aloysio Corrêa da Veiga ressaltou a existência de laudo que constatou o trabalho insalubre exercido pela empregada. Como a corte havia assinalado que ela aplicava injeções em determinado período, para...
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