A tractor operator who remains in the vehicle during fueling is not entitled to the hazard pay, as it is not a dangerous activity. This is how the 2nd Panel of the Superior Labor Court decided by excluding the obligation of an energy company to pay this installment.
The employee said that he worked in rural São Paulo, where he performed activities such as subsoiling, harrowing, furrowing, straw windrowing, contour marking, loading the cane for planting and milling.
Based on the expert's report, the Regional Labor Court of the 15th Region (Campinas-SP) upheld the sentence that sentenced the defendant company to pay the risk premium due to the employee's stay in the vehicle during fueling, considering that he was exposed to a risk situation.
In the review appeal, the company argued that employee exposure to heightened risk was incidental, not intermittent. The thesis was accepted by the rapporteur who analyzed the request, Minister Maria Helena Mallmann. She pointed out that the court understands that only monitoring the supply of the vehicle does not generate the right to the additional risk.
The minister, followed unanimously by the members of the collegiate, explained that Table 3 of Annex 2 of Regulatory Norm 16 of the extinct Ministry of Labour, when establishing the dangerous activities carried out in the operation at pump stations for supplying flammable liquids, did not contemplate the employee who accompanies the refueling of the vehicle by a third party, as in this case.