CONCEITUAÇÃO E CARACTERIZAÇÃO DE INSALUBRIDADE E SUAS IMPLICAÇÕES LEGAIS

Abstract

The concept of "unhcalthiness" should be associatcd dosely and primarily with maximum permissiblc values ot concentration or exposure and ts recognition should depcnd on determining thc amount of the harmful agent present at the site of work and on cvaluating its effects on the worker. The pronouncement of unhealthiness should result from thc joint opinion of a team of profcssional specialists in occupational health consisting of at least a physician, an engineer and a chemist preferahly belonging to the government agcncy in charge of occupational hygiene and medicine. Practically all unhealty working conditions can and should he eliminatcd by using the preventive measures recommended by occupational hygiene, especially those applicd to the environment. Carrying out thcse measurcs does not necessarily create technical prohlems and oheying them depends on the enlightenment and intcrest of the employer as well as on the educative or enforcing action of thc government authority. In those few cases where these measures prove insufficient to eliminate the unhealthy working conditions. recourse should he had to increasing and intensifying the prcvcntive mcasures directed to thc worker himself such as profcssional selection, personal protectivc equipment, frequent medicai check-ups, reduction of exposure time, etc., without over resorting to monetary compensation the effects of which are not only ineffectual but often adverse.