OUTDOOR WORK AND UNSAFE WORKING CONDITIONS: THE PARADOX BETWEEN EXPOSURE TO HEAT AND SOLAR RADIATION AND ITS LEGAL RECOGNITION IN BRAZIL

Abstract

This study analyzes occupational exposure to heat and solar radiation in outdoor work and its legal recognition in Brazil, in light of technical standards and labor jurisprudence. Based on a literature review, the impacts of thermal stress and ultraviolet radiation on worker health are discussed, including acute effects such as heat exhaustion and sunstroke, and chronic effects such as kidney disease and skin neoplasms. Standards such as NR 15, NHO 06, and ISO 7243, which establish technical criteria for evaluating thermal overload through the WBGT index and metabolic rate, are examined. It is found that, despite the existence of these parameters, there are limitations in the legal classification of unhealthy working conditions. The paradox between NR 15, which restricts the recognition of unhealthy working conditions in outdoor activities without an artificial heat source, and OJ 173, which allows characterization through technical evaluation, while excluding the additional payment resulting from exposure to solar radiation, is highlighted. This is compounded by the generic and outdated nature of NR 21, which proves insufficient in the face of current environmental conditions. This scenario highlights a mismatch between occupational reality, intensified by climate change, and the existing regulatory protection. It is concluded that there is a need to update the regulations and to better integrate technical and legal criteria in order to guarantee effective protection of worker health.