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Worker Exposed to Agricultural Chemicals for Almost 20 Years Developed Testicular Failure, Became Infertile, and Will Have Compensation Maintained After Final Decision by the TRT of Minas Gerais
The Labor Court upheld the sentencing of a company in the food and renewable energy sector to pay compensation for moral damages in the amount of R$ 40 thousand to a worker who lost his testicular function and became infertile after years of direct exposure to chemicals in the workplace. The decision was issued by the judges of the Second Panel of the Regional Labor Court of Minas Gerais (TRT-MG) and has already entered the execution phase, with no possibility of further appeals.
The information was disclosed by the Regional Labor Court of Minas Gerais, based on a ruling published after a judgment that took place on September 3, 2024, and details a case that reinforces the judiciary’s understanding of occupational disease associated with continuous handling of pesticides, especially herbicides used in agricultural activities.
The worker was employed for nearly two decades at the company and claimed that throughout his employment, he was subjected to risky conditions without the adoption of effective protective measures, resulting in permanent damage to his reproductive health. The court recognized the link between the activity performed and the developed pathology, even though there are technical limitations regarding the absolute proof of the exclusive cause.
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Exposure to Pesticides, Testicular Failure, and Diagnosis After 11 Years of Work
According to the case files, the professional was hired in May 2004 to work as an agricultural machine operator, being dismissed without cause only on March 16, 2023. Since the beginning of the employment relationship, he reported that he worked directly in the application of agricultural pesticides, especially highlighting the frequent use of herbicides.
Over time, the continuous exposure to these chemicals began to have severe impacts on his health. In 2015, after 11 years of direct work with pesticides, the employee was diagnosed with hypergonadotropic hypogonadism, a condition characterized by testicular failure, the main clinical consequence of which is male infertility.
Moreover, the situation required the worker to undergo continuous hormone replacement therapy, a treatment necessary to compensate for the loss of testicular function. According to the report presented in the case, the responsible endocrinologist recommended the immediate reassignment of function to avoid further injuries and worsening of the clinical condition.
However, as determined by the court, the company only implemented the change of function at the end of 2017, approximately two years after the diagnosis of the disease, which weighed in the evaluation of the employer’s conduct.
Failures in PPE, Lack of Training, and Recognition of Risk Activity
Another central point of the case involved the working conditions provided to the employee over the years. He alleged that the company did not provide appropriate personal protective equipment (PPE), nor did it conduct specific training on the risks of handling pesticides or effective supervision of safety measures.
According to the labor lawsuit, there were also no appropriate clothing or clear protocols to reduce exposure to agricultural pesticides. This set of failures would have directly contributed to the development of the occupational disease, in addition to causing severe social and psychological harm, especially due to the irreversible infertility.
The company, in turn, denied the accusations. In its defense, it argued absence of causal link, in addition to asserting that the activity performed would not be considered risky. It also claimed that it had readjusted the worker to another function starting in 2016, aiming to minimize any damage.
Nonetheless, the court of the 1st Labor Court of Alfenas understood that the activity of an agricultural machine operator, when associated with direct and continuous exposure to herbicides, does indeed characterize a risk activity. The sentence emphasized that the evidence indicated consistently the existence of an occupational disease, even if it was not possible to identify a single exclusive cause.
Technical Examination, Glyphosate, and Maintenance of Compensation at R$ 40 Thousand
In the judgment of the appeal presented by the worker — who sought to increase the compensation amount — the Second Panel of TRT-MG analyzed the expert report in detail. For the reporting judge, Fernando Rios Neto, it became clear that exposure to the chemicals handled by the employee may have a strong connection with the identified hormonal changes.
The magistrate highlighted that the expert mentioned scientific studies on the reproductive toxicity of glyphosate and herbicides based on this substance, widely used in agricultural activity. However, the examination did not completely rule out other possible causes of azoospermia, a condition characterized by the total absence of sperm in the semen and considered one of the main causes of male infertility.
Even in light of this technical limitation, the Court concluded that the amount of R$ 40 thousand set for moral damages took into account essential criteria, such as the economic capacity of the employer, the extent of the damage, the pedagogical nature of the sentence, the need to punish the faulty conduct, and the principle of reasonableness.
Thus, the worker’s appeal was denied, fully maintaining the amount defined in the sentence. As there is no further appeal, the case officially entered the execution phase, concluding the judicial discussion regarding the matter.
Do you consider that a compensation of R$ 40 thousand is sufficient to compensate for the definitive loss of testicular function and infertility caused by work with pesticides?
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