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Contato com pacientes garante adicional de insalubridade a porteiro de centro de saúde

Ele receberá o adicional em grau médio.

A Segunda Turma do Tribunal Superior do Trabalho reconheceu que a atividade do porteiro de um centro de saúde de Belo Horizonte (MG) é insalubre em razão do contato com pacientes portadores de doenças infectocontagiosas. Com esse fundamento, a Turma condenou a G4S Interativa Service Ltda. ao pagamento do adicional de insalubridade em grau médio (20%).

Riscos

Na reclamação trabalhista, o porteiro, que prestava serviços no Centro de Dom Bosco, disse que, além de ter contato direto e permanente com pacientes portadores de doenças como hepatite, AIDS e tuberculose, era obrigado a manusear lixo hospitalar com sangue, tecidos humanos, resíduos químicos de remédios e seringas usadas. Alegando exposição a riscos físicos, químicos e biológicos de contaminação, pedia o pagamento do adicional.

O juízo de primeiro grau condenou a G4S a pagar a parcela, mas o Tribunal Regional do Trabalho da 3ª Região (MG) reformou a sentença, apesar de o laudo pericial ter atestado a exposição do porteiro aos agentes insalubres previstos na Norma Regulamentadora 15 do extinto Ministério do Trabalho. Para o TRT, não era razoável concluir que atividades como abrir o posto, fazer rondas, entregar senhas, controlar a circulação de pacientes e auxiliar aqueles com dificuldade de locomoção fossem insalubres.

Motivações

A relatora do recurso de revista do empregado, a ministra relatora Delaíde Miranda Arantes, assinalou que, embora o juiz não esteja limitado ao laudo pericial, é necessário examinar as motivações utilizadas pelo julgador na recusa às conclusões do perito, “sobretudo por se tratar de questões que obviamente se desviam do conhecimento técnico do magistrado”. No caso, a ministra observou que a turma julgadora do TRT se baseou em regras de experiência para afastar a orientação de que as atividades prestadas pelo porteiro o expunham a agentes biológicos, perdigotos e aerossóis, entre outros agentes insalubres.

De acordo com a relatora, a decisão do Tribunal Regional destoa da jurisprudência do TST, que, em casos análogos, tem entendido que, mesmo nas atividades não relacionadas diretamente com a área de saúde, quando ficar demonstrado o contato direto com portadores de doenças infectocontagiosas, o trabalhador tem direito ao adicional de insalubridade.

Por unanimidade, a Turma deu provimento ao recurso para restabelecer a sentença nesse ponto.

(LT/GS)

Fonte TST – 28.01.19, DF.

Processo: RR-11207-08.2016.5.03.0137

janeiro 29, 2019

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