Please explain about medical examinations for security guards of Private Security Company LLC. According to the order of the Ministry of Health No. 302n, clause 7, Appendix 2 says: “work in paramilitary security, special communications services......, other departments and services that are allowed to carry weapons and use them.” Private security companies do not belong to the department. Further Federal Law No. 2487-1 "On private detective and security activities in the Russian Federation" clause 12 "Private security guards are required to undergo an annual medical examination for the presence or absence of diseases....." A medical examination is organized by the employer or the security guard personally at his own expense or at the expense of the employer?? Should the employer organize initial and periodic medical examinations for private security guards of a private security company, given that we have guards with and without weapons? Thank you. Occupational safety specialist Lyubov Alekseevna Belyaeva.
Answer
Answer to the question:
Employees performing certain types of work undergo mandatory medical examinations at the expense of the organization . This category of personnel includes, in particular:
- private security guards (Article 11.1 “On private detective and security activities in the Russian Federation”).
The procedure for conducting mandatory medical examinations of employees engaged in work with harmful (hazardous) production factors is given in Appendix 3 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n. For all other categories of employees for whom no special medical examination rules have been established, You can also use these documents.
Clause 7 of Appendix 2 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n states that the following: when working in paramilitary security, special communications services, collection apparatus, banking structures, other departments and services that are allowed to carry weapons and use them A medical examination is carried out once a year and is carried out by the following specialists:
- Neurologist
- Otorhinolaryngologist
- Ophthalmologist
- Dermatovenerologist
- Surgeon.
Please note that this also includes private security guards who are allowed to carry weapons (see, for example,).
According to Art. 213 Labor Code of the Russian Federation all mandatory medical examinations and psychiatric examinations are carried out at the expense of the employer.
Details in the materials of the Personnel System:
1. Answer:When is it necessary to conduct a mandatory medical examination of an employee?
Employees subject to mandatory medical examination
Which employees must undergo mandatory medical examinations?
Employees performing certain types of work undergo mandatory medical examinations at the expense of the organization. This category of personnel includes, in particular:
- employees engaged in work with harmful or dangerous working conditions, including underground work (Article , Labor Code of the Russian Federation);
- employees engaged in work related to traffic (Article and Labor Code of the Russian Federation, Law of December 10, 1995 No. 196-FZ);
- employees of food industry, catering and trade enterprises, water supply facilities, medical and preventive care and children's institutions ();
- departmental security officers ().
In addition, there are a number of industry documents, each of which regulates the procedure for conducting medical examinations in a particular type of activity. They must be followed by organizations that are subject to these documents. This procedure is confirmed by both the Labor Code of the Russian Federation and the Law of November 21, 2011 No. 323-FZ. For example, mandatory medical examinations are provided for employees engaged in:
- in public utility organizations providing hairdressing and cosmetic services (SanPiN 2.1.2.2631-10, approved);
- in construction industry (SanPiN 2.2.3.1384-03, approved);
- in public catering organizations (SanPin 2.3.6.1079-01, approved);
- on work related to the maintenance of electric power facilities (approved);
- on public railway transport (, approved).
Also, employees under 18 years of age and professional athletes undergo mandatory medical examinations (Article , Labor Code of the Russian Federation).
The procedure for conducting mandatory medical examinations of employees engaged in work with harmful (hazardous) production factors is given in. The rules for medical examination of drivers are established in. For all other categories of employees for whom special medical examination rules are not established, these documents can also be applied.
It is necessary to distinguish a medical examination associated with work in dangerous (harmful) working conditions from a preventive examination conducted for the purpose of timely detection of pathological conditions and diseases in medical institutions in which citizens receive primary health care. Conducting a preventive examination of the adult population is not related to and does not replace it. Moreover, employees who are required to undergo mandatory examinations in accordance with the Labor Code of the Russian Federation are not subject to preventive examination. Such rules are established by the Procedure approved.
Question from practice: is it necessary to undergo a mandatory medical examination? An employee is temporarily transferred to a position for which a medical examination is required.
Yes need.
Legislation connects the need for medical examinations with the nature of the work performed by the employee, for example, etc. It does not matter under what conditions the employee performs this work: temporarily or permanently. Therefore, if an employee makes a request, then he must go through it.
This conclusion follows from the totality of the provisions of the articles of the Labor Code of the Russian Federation.
Attention: It should be noted that it is prohibited to transfer employees to jobs that are contraindicated for them due to health reasons (). For failure to comply with this requirement, the organization may be subject to ().
Question from practice: are employees required to undergo a preliminary medical examination when hiring in the Far North?
The answer to this question depends on a number of circumstances.
Citizens who are recruited to work in the northern regions from other areas must undergo a mandatory preliminary medical examination. The obligatory nature of such a medical examination does not depend on the position and nature of the work that the newcomer will perform. The fact is that doctors in such cases must give a conclusion that there are no contraindications not only for work, but also for living in the northern regions.
For persons who already live in the Far North, the general procedure for undergoing a preliminary medical examination applies. That is, the mandatory medical examination is determined solely by the type of work for which a newcomer is hired.
This procedure follows from the totality of the provisions of articles of the Labor Code of the Russian Federation.
For more information on the procedure for undergoing a preliminary medical examination and the types of work for which it is mandatory, see.
Question from practice: who should pay for the registration of a personal medical record for an employee - the organization or the employee
The organization must pay such expenses. A personal medical record indicates that an employee is fit for health reasons to perform a certain job. To receive the appropriate marks, the employee takes tests, undergoes an examination, etc. All these activities must be financed by the employer (Article , and Labor Code of the Russian Federation).
Question from practice: is an employer obliged to reimburse an employee-driver for the costs of a medical certificate of permission to drive a vehicle, which is necessary to obtain a driver’s license?
No, it is not obligatory, except in cases where the employer, at its discretion, agrees to compensate for such costs. For example, an employer has decided to transfer an employee to the position of a driver, whose duties require obtaining a driver’s license of the appropriate category, and is ready to pay for training and preparation of all necessary documents. Having a license, and therefore issuing a medical certificate, is primarily in the interests of the employee himself, since this gives him the opportunity to work as a driver. The validity of such conclusions follows from the provisions of articles of the Labor Code of the Russian Federation.
A question from practice: what liability is provided for an employee for the fact that, having received a personal medical record, he quit of his own free will or did not start work at all. The employer issued a personal medical record for the employee at his own expense.
The employee does not bear any responsibility for such actions. Firstly, the law obliges the employer to pay for all medical examinations (examinations) (Article , and Labor Code of the Russian Federation). And secondly, termination of an employment contract at one’s own request is a voluntary expression of the employee’s will. Therefore, it is impossible to oblige an employee to pay the costs of obtaining a personal medical record. Likewise, labor legislation does not provide for the possibility of recovering from an employee losses caused as a result of refusal to conclude an employment contract.
Examination for the use of drugs and psychotropic substances
When a medical examination is carried out for the use of drugs and psychotropic substances
For certain categories of employees, chemical and toxicological studies may be provided to determine whether there are narcotic drugs, psychotropic substances and their metabolites in the human body (). The corresponding requirements may be provided for by federal laws and other regulatory legal acts of Russia.
In particular, chemical and toxicological studies of the body are mandatory for:
- people from among aviation personnel specialists (both under and under);
- military personnel performing military service under a contract (at least once a year);
- crew members of water vessels;
- people hired for work directly related to the movement of trains and maneuvers on the railway.
A complete list of current requirements regarding testing of employees for narcotic and psychotropic substances is given in.
Organization of medical examination
How to organize a mandatory medical examination of employees
The employer is obliged to organize medical examinations of employees by concluding an appropriate agreement with a medical institution (Procedure approved) . In this case, the medical institution must have a license for medical activities ().
Also, the employer has the right to introduce positions of medical workers into the staff and create units (doctor’s office, health center, medical office, medical unit and other units) that provide medical care to the organization’s employees, and can conduct medical examinations (for example, pre-trip) in its own medical center, provided that The medical center has a license for medical activities and the right to conduct preliminary and periodic medical examinations (Procedure approved) .
Types of medical examinations
What types of mandatory medical examinations exist?
Mandatory medical examinations are divided into three types:
This classification is provided for by the provisions of Article 213 of the Labor Code of the Russian Federation and paragraphs of the Procedure approved.
In addition, for certain categories of employees, mandatory medical examinations (examinations) may be provided at the beginning of the working day (shift), as well as during and (or) at the end of the working day (shift). The time spent undergoing such medical examinations (examinations) is included in working hours. This procedure is provided for in Article 213 of the Labor Code of the Russian Federation. In particular, such medical examinations are required to:
- employees engaged in underground work ();
- (Article , Law of December 10, 1995 No. 196-FZ).
Preliminary medical examination
How is the preliminary mandatory medical examination of employees carried out?
Pre-employment examinations are carried out at the expense of the employer (). Their goal is to determine, before concluding an employment contract, whether a candidate can apply for a particular position due to health reasons.
If the preliminary medical examination is carried out in a medical institution, the candidate must be given a referral. In the direction issued to an applicant for a position in hazardous (hazardous) work, indicate the harmful (dangerous) production factors that the employee will encounter after being hired for a vacant position. In addition, in the direction indicate:
- employer's name;
- form of ownership and type of economic activity of the organization according to OKVED;
- name of the medical organization, actual address of its location and OGRN code;
- type of medical examination (preliminary);
- last name, first name, patronymic, date of birth of the applicant;
- name of the structural unit of the organization (if any) in which the candidate will be employed;
- the name of the position (profession) of the applicant or the types of work that he will perform.
The direction is issued to the person against his signature. The employer must organize a record of issued referrals.
Such requirements are contained in paragraphs of the Procedure approved. Due to the current lack of a unified referral form, the organization has the right to develop one.
Question from practice: is it necessary to conduct a mandatory medical examination if an employee is hired for a short period of time to temporarily replace an absent employee (for a period of illness, vacation, etc.). The position for which an employee is hired requires a medical examination.
Yes need.
The need for a medical examination is caused by the presence of dangerous and (or) harmful factors and work during the labor process (Appendices No., k). Since such factors objectively exist for the temporarily filled position, the temporary employee is subject to all medical examinations provided for by law in the general manner (). The term of the contract with the conscript does not matter.
Periodic medical examination
How periodic mandatory medical examinations of employees are carried out
Periodic mandatory medical examinations are carried out during the entire period of the employee’s work in the organization at the expense of the employer (). Their goal is to monitor the health status of employees and timely detection of occupational diseases.
To conduct periodic medical examinations, the organization creates a list of employees who:
- exposed to harmful production factors specified in the approved . Also, harmful factors are determined based on the results and during laboratory studies and tests;
- carry out work as approved.
This procedure is provided for by the Procedure approved.
Send the approved list to the territorial body of Rospotrebnadzor within 10 days (Procedure approved) .
Based on this list, identify employees who need to undergo periodic inspection. If a medical examination is carried out in relation to employees engaged in harmful (dangerous) work, it must indicate the harmful (dangerous) production factors affecting the employees.
A list of employees by name is sent to the medical organization no later than two months before the start date of the periodic medical examination agreed with this organization (Procedure approved) .
Having received the list of names, the medical institution draws up a calendar plan for conducting medical examinations and coordinates it with the organization. The employer must familiarize employees with this plan no later than 10 days before the start of the medical examination.
Such rules are established by paragraphs and the Procedure approved .
Before conducting a periodic medical examination, give it to the employee. It is drawn up as during preliminary medical examinations (Procedure approved) .
An example of an order for approval of a plan for mandatory periodic medical examination
In June, under an agreement with the district clinic, the organization will conduct mandatory periodic medical examinations of employees engaged in harmful (hazardous) work.
After agreeing with the medical institution on the schedule for the medical examination, the head issued approval of the plan for mandatory periodic medical examination.
Question from practice: which department or employee in the organization should organize periodic medical examinations?
Labor legislation does not provide for a special procedure in this regard. Each organization must independently determine the employee or department who will be responsible for conducting periodic medical examinations, based on its needs and structure.
This is explained as follows.
The employer is obliged to organize for. However, the legislation does not specify which department or employee of the organization should directly deal with the issues of periodic medical examinations. In particular, it has not been established who exactly should:
- list employees subject to periodic medical examinations, as well as such employees;
- familiarize employees with medical examinations;
- give to employees for medical examinations.
Therefore, the employer must independently determine the department or employee who will be responsible for organizing periodic medical examinations in the organization, based on its needs and structure. If the organization does not have a separate unit in the form of a medical center, then these functions can be assigned, for example, to.
This conclusion follows from the totality of the provisions of Part 2 of Article 212 of the Labor Code of the Russian Federation, the Procedure approved.
Frequency of medical examinations
How often should employees undergo mandatory periodic medical examinations?
The frequency of periodic inspections is determined by the types of harmful or dangerous production factors affecting the employee, or the types of work performed. In this case, periodic inspections are carried out no less frequently than within the periods specified in and (clause and of the Procedure approved). Employees under 18 years of age, as well as employees aged 18 to 21 years old, engaged in work with harmful (hazardous) working conditions, as well as work related to traffic, in any case must undergo periodic medical examinations annually (Art. and Labor Code of the Russian Federation, Procedure approved).
For other categories of employees, a different frequency of medical examinations may be established. Thus, conduct periodic medical examinations of athletes and departmental security officers at least once a year (,).
Extraordinary medical examinations
In what cases are extraordinary mandatory medical examinations of employees carried out?
Extraordinary medical examinations are scheduled at the request of employees (in accordance with a medical report) or on the basis of medical recommendations specified in the final report of the medical examination. In the referral for a medical examination, it is necessary to indicate the reason for the extraordinary examination. This is stated in the articles of both the Labor Code of the Russian Federation and the Procedure approved.
Question from practice: is it possible to send an employee for an emergency medical examination due to obvious signs of illness and suspend him from work pending the results of the examination?
The answer to this question depends on the specific circumstances of the case.
Sending an employee for an emergency medical examination in case of obvious signs of illness cannot be considered in compliance with labor legislation. If obvious signs of illness are detected, the employer should either send the employee to a medical institution with his consent, or in emergency cases, if there are sufficient grounds, call an ambulance (emergency) medical care team to the organization (). In the future, the employer and employee must follow the instructions of doctors (health care institutions).
As for the possibility of removing an employee from work, in general the Labor Code of the Russian Federation does not establish the possibility of removal until the results of a medical examination are received. At the same time, certain by-laws still provide for cases where an employer has the right to remove an employee with signs of illness from work, for example, in public catering organizations (SP 2.3.6.1079-01.2.3.6, put into effect). In addition, the removal of a sick person if the disease creates a threat of an accident, catastrophe or other disaster is possible within the framework of compliance with labor protection requirements (Recommendations, approved).
Registration of inspection results
How are the results of a mandatory medical examination compiled?
Information about preliminary and periodic mandatory medical examinations must be provided to the Federal Social Insurance Fund of Russia (). Taking into account these data, the Federal Insurance Service of Russia will establish a discount or surcharge for the organization on the tariff of contributions for compulsory insurance against industrial accidents and occupational diseases.
The establishment of a discount (surcharge) to the insurance rate occurs in accordance with approved. If in 2010 there were fatal accidents in the organization (except for accidents caused by third parties), then the employer will not be provided with a discount on the insurance rate in 2012 ().
An employee who has not passed the mandatory medical examination cannot be allowed to work (, Labor Code of the Russian Federation). The results of such an examination are mandatory for making a decision on the possibility of admission to work. The courts also give such explanations (see, for example,).
Question from practice: is it necessary to carry out mandatory medical examinations, including when hiring, accountants, management personnel and other employees whose work professionally involves using computers for more than 50 percent of their working time?
Yes need.
Employees of the organization must undergo mandatory preliminary (upon entry to work) and periodic (for persons under the age of 21 - annual) medical examinations to determine their suitability for performing the assigned work and preventing occupational diseases (Article, Labor Code of the Russian Federation). The number of such employees includes those who work at a computer more than 50 percent of the working time (SanPiN 2.2.2/2.4.1340-03, approved).
When working with computers, there are factors that, in terms of their impact, are classified as harmful or dangerous classes in accordance with current regulations (Appendices 1 to). Therefore, the obligation to conduct medical examinations for employees who spend more than half of their working time on a computer arises regardless of the results.
Specialists from official departments give similar explanations in letters.
Question from practice: is an employee required to undergo a preliminary medical examination when hired as a transfer from another organization. At the previous place of work, the employee held the same position as the new employer
Yes, I must.
If an employee’s position requires either, then upon entry to work (including by way of transfer), he is required to undergo a preliminary medical examination. In this case, it does not matter whether he held a similar position with the previous employer, since the working conditions (set of dangerous and harmful factors and the magnitude of their impact on workers, types of operations performed) are not the same for the new and previous employer. When hired by a new employer, the employee will need to undergo examination by other medical specialists, which were not carried out by the previous employer due to the lack of relevant factors. In this regard, when transferring from one employer to another, an employee is required to undergo a preliminary medical examination.
This conclusion follows from the totality of the provisions of the Labor Code of the Russian Federation and.
Question from practice: how can an employer, when moving an employee to another job, find out if he has contraindications for health reasons?
If a medical examination is not provided at the new location and the employer knows that the employee has contraindications to work, the employer is not obliged to specifically find out the presence of medical restrictions and send the employee for a medical examination. The Labor Code of the Russian Federation does not establish such an obligation.
Question from practice: is it necessary to undergo a mandatory preliminary medical examination for an employee who is hired to work in a medical institution, but is not a medical worker?
Yes need.
The obligation to undergo medical examinations is assigned to all personnel of medical organizations without any exceptions and regardless of whether the employee carries out medical activities or not. Such rules are established by SanPiN 2.1.3.2630-10, approved. In addition, the obligation to undergo medical examinations for employees of medical institutions who are not doctors may be established by local governments for medical, epidemiological and other indications ().
Thus, the employer needs to take into account the above circumstances, and in case of doubt, additionally agree on the need for a preliminary medical examination of an employee who is not a medical worker and goes to work in a medical institution with the territorial body of Rospotrebnadzor.
Question from practice: does the administration of a children's clinic (medical institution) have the right, when hiring an economist (administrative and managerial staff), to require a mandatory medical examination and (or) a medical record. When performing professional duties, the employee is not in direct contact with children.
Yes, you have the right.
Employees of medical institutions (including children's) must undergo preliminary medical examinations upon entering work (,). However, no exceptions are provided for employees who are not in direct contact with children (sick people).
Data on medical examinations are entered into the employee’s personal medical record (). Thus, when hiring, the administration may require an employee to undergo a medical examination or a medical book with data on its completion. An employee who refuses to undergo a medical examination cannot be allowed to work ().
Question from practice: what mandatory medical examinations should drivers undergo?
Organizations carrying out activities related to the operation of vehicles are required to organize and conduct mandatory medical examinations of drivers. The requirement to undergo mandatory medical examinations for drivers also applies to individual entrepreneurs if they independently drive vehicles engaged in transportation.
Mandatory medical examinations for drivers include:
- which are carried out in relation to persons hired as vehicle drivers;
- which are carried out during the entire period of work as a driver of a vehicle, but not less than once every two years; ,). Besides,
Yes, it is necessary, but only in relation to the pre-trip and post-trip medical examination.
An employee’s working time includes not only the time of direct performance of work duties, but also other periods of time provided for by law (). Thus, the working hours of employee-drivers include the time spent traveling from the workplace to the place of medical examination and back (Regulations approved.
Question from practice: what is the validity period of a driver’s medical certificate allowing him to drive a vehicle?
In general, any document is valid until the information and facts reflected in it change.
Thus, a driver’s medical certificate of permission to drive a vehicle is valid until a change (deterioration) in the state of his health, recorded by a doctor of those specialties that are indicated in the certificate (k). In addition, certain periods of re-examination are provided for vehicle drivers, in general - at least once every two years (k).
Taking into account the above, the driver’s medical certificate of permission to drive a vehicle is valid for the period of re-examination determined during the driver’s examination, but not more than two years, or until the driver’s health condition deteriorates, as recorded by a doctor.
Nina Kovyazina,
Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health
14.03.2016
With respect and wishes for comfortable work, Tatyana Kozlova,
HR System expert
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The obligation to undergo medical examinations for employees of educational institutions.
According to clause 9, part 1, art. 48 of the Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation”, teaching staff are required, in accordance with labor legislation, to undergo preliminary upon entry to work and periodic medical examinations, as well as extraordinary medical examinations upon the direction of the employer.
Clause 18 of Appendix No. 2 to the Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n established that workers performing work in educational organizations of all types and types, as well as in children's organizations that do not carry out educational activities (sports sections, creative, leisure children's organizations and etc.), are required to undergo annual compulsory medical examinations in the following volume:
— examination by doctors: dermatovenerologist, otorhinolaryngologist, dentist, infectious disease specialist;
- laboratory and functional tests: chest x-ray, blood test for syphilis, smears for gonorrhea upon entry to work, tests for helminthiases upon entry to work and thereafter - at least once a year or according to epidemiological indications;
— identification of additional medical contraindications, namely diseases and bacteria carriers: typhoid fever, paratyphoid fever, salmonellosis, dysentery; helminthiases; syphilis in the infectious period; leprosy; contagious skin diseases: scabies, trichophytosis, microsporia, scab, actinomycosis with ulcerations or fistulas on exposed parts of the body; contagious and destructive forms of pulmonary tuberculosis, extrapulmonary tuberculosis with the presence of fistulas, bacteriouria, tuberculous lupus of the face and hands; gonorrhea (all forms) - only for employees of medical and preschool institutions directly related to serving children - for the period of antibiotic treatment and receipt of negative results of the first control; ozens.
From the foregoing it follows that all employees of educational institutions, without exception, are required to undergo mandatory medical examinations.
According to para. 4 hours 1 tbsp. 76 of the Labor Code of the Russian Federation, the employer is obliged to remove from work (not allow to work) an employee who has not undergone a mandatory medical examination (examination) in accordance with the established procedure, as well as a mandatory psychiatric examination in cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation .
The employer's obligation to conduct medical examinations of employees.
The employer’s obligation to conduct medical examinations of the employee and bear the costs of their implementation is established by the Labor Code of the Russian Federation, the Procedure for conducting mandatory preliminary (upon entry to work) and periodic medical examinations (examinations) of employees engaged in heavy work and work with harmful and (or) dangerous working conditions approved by Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n.
So, according to the requirements of Art. 212 of the Labor Code of the Russian Federation Responsibilities for ensuring safe conditions and labor protection rest with the employer.
The employer is obliged to provide:
in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, organize, at their own expense, mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations employees, extraordinary medical examinations, mandatory psychiatric examinations of workers at their requests in accordance with medical recommendations, with their place of work (position) and average earnings retained for the duration of these medical examinations, mandatory psychiatric examinations;
preventing employees from performing their job duties without undergoing mandatory medical examinations.
Article 213 of the Labor Code of the Russian Federation establishes that “Employees of food industry organizations, public catering and trade, water supply facilities, medical organizations and child care institutions, as well as some other employers undergo the specified medical examinations in order to protect public health, prevent the occurrence and spread of diseases.
The medical examinations and psychiatric examinations provided for in this article are carried out at the expense of the employer.
In clause 4 of the Procedure for conducting mandatory preliminary (upon entry to work) and periodic medical examinations (examinations) of workers engaged in heavy work and work with harmful and (or) dangerous working conditions, approved by Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n (hereinafter referred to as the Procedure), it is said that preliminary and periodic examinations are carried out by medical organizations of any form of ownership that have the right to conduct preliminary and periodic examinations, as well as to examine professional suitability in accordance with current regulations.
At the same time, a permanent commission must be created in a medical organization, which includes doctors who have undergone special advanced training (clause 5 of the Procedure). The employee undergoes a preliminary medical examination in accordance with a referral issued by the employer, and the referral indicates the medical institution where it is necessary to undergo a preliminary medical examination (clauses 7 and 8 of the Procedure).
From the meaning of paragraphs 6, 35 and 36 of the Procedure, it follows that the employer is obliged to enter into an agreement with a medical organization that has the right to conduct preliminary and subsequent medical examinations. This point is confirmed by clause 2.3 of the Methodological basis for conducting preliminary and periodic medical examinations of persons working in harmful and (or) dangerous working conditions, approved by the Ministry of Health and Social Development of Russia on December 14, 2005.
Thus, the employer is obliged to enter into an agreement with a medical organization to conduct a preliminary medical examination of employees when hiring them, as well as periodic examinations of employees. The employer sends the employee to a medical organization with which an agreement has been concluded, since this medical organization has a medical commission consisting of qualified doctors who have permission to conduct a medical examination on factors that are important to the employer. The referral for a preliminary medical examination indicates the medical institution where it is necessary to undergo a medical examination.
Source of financing for the employer's expenses for preliminary and periodic medical examinations.
The activities of the Employer - an educational institution (EI) are financed by its founder, who for the state educational institution of Moscow is the constituent entity of the Russian Federation, the city of Moscow, represented by its authorized body - the Department of Education of the city of Moscow.
The activities of the educational institution are financed from funds allocated in the form of a subsidy (budgetary allocations) for the implementation of state assignments by the educational institution.
So according to paragraph 4 of Art. 69.2 of the Budget Code of the Russian Federation, financial support for the implementation of state (municipal) tasks is carried out at the expense of the federal budget, budgets of the constituent entities of the Russian Federation, local budgets
A state task is issued to a general educational institution to perform a public service - the implementation of general education programs at the appropriate level of education (preschool, primary general, basic general) as defined in the statutory and licensing documents of the educational institution. (Order of the Moscow Department of Education No. 823 dated December 9, 2013 “On approval of the departmental list of public services”).
Thus, the allocated subsidy funds must be used in a targeted manner to ensure the implementation of public services - the implementation of programs at the appropriate level of education.
The main resource for ensuring the execution of public services for educational institutions is to provide the institution with a staff of workers admitted to teaching activities in relation to students.
One of the main conditions for the admission of teaching staff to teaching activities, in addition to ensuring that the educational institution has the appropriate professional qualifications, is ensuring that the educational institution protects the health of students and prevents the occurrence and spread of diseases, which is ensured by the educational institution conducting preliminary and periodic medical examinations of employees of the educational institution.
Thus, there is reason to believe that the use of subsidy funds allocated on the basis of a state task for the implementation of a public service - the implementation of general education programs at the appropriate level - is legitimate to cover the costs of an educational institution to ensure that its employees undergo mandatory medical examinations, in the absence of which, according to the current legislation, employees cannot be admitted to teaching or other activities in an educational institution in accordance with the Labor Code of the Russian Federation.
This provision is confirmed by a letter from the Moscow Department of Education dated September 25, 2013 No. 01-08-2671/13 addressed to the heads of district education departments and heads of educational institutions in Moscow, which explains that the subsidy funds are for the implementation of the state task for 2013/2014 academic year can be used for the following purposes:
Formation of the wage fund;
Purchase of consumables related to the provision of public services (works), educational expenses, purchase of soft equipment;
payment for communication, transport and other services;
Taking into account the above argumentation, other services can also be understood as services of medical organizations for conducting mandatory preliminary and subsequent medical examinations of employees of an educational institution on the basis of concluded agreements with such organizations in relation to their employees.
The procedure for concluding an agreement by a state educational institution to conduct mandatory medical examinations of employees.
According to the current legislation in the field of procurement for public needs, state budgetary institutions are required to place purchases in accordance with the requirements of Federal Law No. 44-FZ of 04/05/2013 through competitive and non-competitive procedures (purchases from a single supplier).
This law does not provide for any exceptions for concluding an agreement to conduct compulsory medical examinations by an educational institution.
Thus, purchases the subject of which is the provision of medical services for conducting mandatory preliminary and subsequent medical examinations of employees are carried out by the educational institution in the general manner provided for by Federal Law No. 44-FZ of 04/05/2013.
Appendix - Letter of the Moscow Department of Education dated September 25, 2013 No. 01-08-2671/13
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Question: Hospital employees undergo preliminary and periodic medical examinations in accordance with the Labor Code of the Russian Federation. In the direction for a medical examination, points of order 302n are indicated. In the hospital there is a position of “watchman”, according to the results of the SOUT, the class of working conditions is 2. For what points of order 302n should he be sent for a medical examination (considering that he is an employee of a medical institution), if, according to the SOUT, no harmful factors have been established? Appendix 1 of Order 302n contains a commentary on factors (for example, low air temperature) that could potentially be attributed to the work of a watchman, and that they are applied when attributing. (Rostrud information portal “Onlineinspection.RF”, July 2017)
Hospital employees undergo preliminary and periodic medical examinations in accordance with the Labor Code of the Russian Federation. In the direction for a medical examination, points of order 302n are indicated. In the hospital there is a position of “watchman”, according to the results of the SOUT, the class of working conditions is 2. For what points of order 302n should he be sent for a medical examination (considering that he is an employee of a medical institution), if, according to the SOUT, no harmful factors have been established? Appendix 1 of Order 302n contains a commentary on factors (for example, low air temperature) that could potentially be attributed to the work of a watchman, that they are applied when classifying working conditions as class 3.1 and higher based on the results of the Special Labor Standards.
Other personnel of medical institutions (except for medical personnel) are also required to undergo a medical examination if there are harmful and (or) dangerous production factors at their workplaces, provided for by the List of factors in the presence of which medical examinations are mandatory, approved. By Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n. Non-medical personnel are not required to undergo a medical examination if there are no harmful and (or) hazardous production factors at their workplaces.
According to Art. 213 of the Labor Code of the Russian Federation, workers engaged in work with harmful and (or) dangerous working conditions (including underground work), as well as in work related to traffic, undergo mandatory preliminary (upon entry to work) and periodic (for persons under the age of 21 - annual) medical examinations to determine the suitability of these workers to perform the assigned work and prevent occupational diseases. In accordance with medical recommendations, these employees undergo extraordinary medical examinations.
Employees of food industry organizations, public catering and trade, water supply facilities, medical organizations and child care institutions, as well as some other employers undergo the specified medical examinations in order to protect public health and prevent the occurrence and spread of diseases.
Harmful and (or) dangerous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations are carried out, the procedure for conducting such examinations is determined by the federal executive body authorized by the Government of the Russian Federation.
By virtue of clause 17 of the List of works, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, approved. By order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n, medical personnel of medical institutions, maternity hospitals, children's hospitals, children's clinics, and neonatal pathology departments must undergo a medical examination once a year.
Information portal of Rostrud “Onlineinspection.RF”, July 2017
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Medical examination of guards by order 302n
The head of the Research Institute of Occupational Medicine, Igor Bukhtiyarov, states that at the moment in the Russian Federation the statistics of occupational diseases and injuries are outrageous. Currently, there are about one hundred and sixty thousand people suffering from various occupational diseases, in addition, every year this figure increases by six to seven thousand. It is worth noting that throughout the world these figures are much higher. In our country, the official number of patients with occupational diseases is lower than in Denmark and Finland. At the same time, the level of fatal injuries in Russia is simply catastrophic. Analyzing the ratio of cases of fatal injuries and injuries with bodily injuries at work, as well as the number of people suffering from occupational diseases, one can see an outrageous situation with the concealment of cases of non-fatal injuries and occupational diseases. In our country, diagnoses are simply not made, or the employer tries with all his might to evade responsibility in all other cases.
According to the head of the Research Institute of Occupational Medicine, even reliable statistics will not be able to reflect the scale of the problem. To confirm his words, Bukhtiyarov cites the situation in the aviation industry as an example. This industry employs about one hundred thousand people. All diseases of workers in this field are usually associated with exposure to physical factors, such as noise, vibration, and chemical exposure. Official statistics of this industry on the number of occupational diseases and injuries correspond to world indicators. However, if we take as a basis the indicator of the amount of coal mined per death, which is used in the coal industry, and apply similar calculations to the aircraft industry, the result will be disastrous. In particular, the aviation industry produces about forty aircraft every year, and the statistics for each product produced are simply terrible.
FNPR data indicate that at the end of the last century, about eighty thousand doctors were involved in industrial healthcare, of which at least ten thousand worked as therapists in workshop medical districts. Currently, the situation has changed for the worse, but it is impossible to talk about the complete destruction of the occupational pathology service. Only large, economically stable enterprises can afford to maintain a medical and sanitary unit, which also acts as an occupational pathology center. Basically, employers are forced to consciously save on the health of their employees. The new concept of social insurance obliges the employer to pay for all cases of injuries and occupational diseases. To do this, an insurance rate is calculated, the amount of which directly depends on payments to victims. For calculations, a payment history of 2-3 years is used, which leads enterprises to the need to reduce costs and expenses. In this situation, there are two ways out: the first, which requires a serious approach, cost and time, is to develop a system of occupational safety and health. The second is to challenge diagnoses of occupational diseases through the courts; there are often cases when the employer achieved a positive decision in its favor.
Bukhtiyarov sees the priority tasks of occupational medicine in the need to complete the creation of a regulatory framework for this area. Indeed, despite the fact that the Russian Federation is a member of many international organizations, a large number of state documents do not in any way correlate with international ones. Accession to the WTO makes this problem especially pressing. Putting the regulatory framework in order will also eliminate gaps in the legal field. Currently, there are orders from the Ministry of Health that need to be eliminated, as they create certain problems. For example, in January of this year, a list of harmful and dangerous production factors was approved by order, while the list of diseases and the list of diagnoses of occupational diseases were approved six months later. That is, in the period from January to July 2012, occupational pathologists could not make any diagnoses.
To arbitrate all controversial cases at the federal level, it is necessary to create a coordination or federal center for occupational pathology. In addition, such a center would maintain a personalized register of professional patients. It is worth noting that the presence of such a center is indicated in all regulations of the government and the Ministry of Health. An occupational pathology center should be created as a coordinating institution in the field of occupational pathology.
The research institute, headed by Igor Bukhtiyarov, developed two joint programs with the FNPR. Despite the fact that these programs were discussed for a long time, they were not adopted. Nevertheless, employees of the Research Institute of Occupational Medicine propose to insert certain points into the draft program for improving working conditions and health of workers, which is currently being developed by the Ministry of Health.
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When hiring a guard, is the medical examination paid for by the employer or the employee?
Questions and answers on the topic
Should a person hired to work as a security guard at an industrial premises provide the employer with a certificate of his or her state of health or undergo a medical examination at the expense of the employer. What factors of Order 302n apply? Thank you.
Reply publication date:
The need for mandatory preliminary and periodic medical examinations(surveys) of workers associated with exposure to harmful and (or) hazardous production factors.
According to Art. 212 Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) – the employer is obliged to provide in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, carried out at own expense mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations.
According to Art. 213 Labor Code of the Russian Federation - harmful and (or) dangerous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the procedure for their conduct is determined by regulatory legal acts approved in the manner established by the federal executive body authorized by the Government of the Russian Federation .
If there are no such workers at the employee’s workplace, then upon hiring such employees do not undergo a mandatory preliminary medical examination.
The employer does not have the right at his own discretion send the employee for mandatory medical examinations and require the provision of medical certificates about his state of health, and the employee is not obliged to provide the employer with these certificates.
From January 1, 2012, employees undergo mandatory preliminary and periodic medical examinations in accordance with:
These documents were approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.
According to p.p. 8 and 19. Order – preliminary and periodic inspections are carried out based on the list of employees, subject to periodic and (or) preliminary inspections (hereinafter referred to as the list of contingents), which must be compiled in every organization.
The following employees are subject to inclusion in the contingent and name lists:
According to P. 19. Order– as a source of information about the presence of harmful production factors in the workplace, In addition to the results of the automated workplace or SOUT, the following can be used:
Many professions are associated with dangerous or harmful factors that negatively affect a person’s life. Some people do not even have the opportunity to study a particular craft due to health reasons. To prevent industrial accidents and to prevent occupational diseases, a mandatory periodic medical examination is provided. Let's consider the rules of its organization and determine the persons responsible for this.
Legislation on the medical examination procedure
The employer is entirely responsible for occupational safety. The law entrusts him with the obligation to promptly organize a medical examination when applying for a job or during his working life. The following legal documents regulate this obligation:
- Labor Code of the Russian Federation.
- Order of Rosminzdrav of 2004, establishing a list of dangerous and harmful production work, the performance of which requires periodic medical examinations of workers.
- Order of Rosmindravmedprom, which contains information about the category of employees subject to mandatory medical examination, indicating its frequency.
- Industry documents (sanitary rules and regulations).
The Labor Code obliges employers to organize a medical examination for an employee, who must comply with the requirements of medical control. Violation of the rules by an employee or employer may result in administrative liability. Failure to undergo a periodic medical examination on time will result in the employee being removed from duty. Moreover, if it is the employer’s fault, then the duration of the downtime will be paid. Otherwise, the person will remain without wages.
Concept and purposes of medical examination
A medical examination is a set of activities and interventions that are aimed at diagnosing human pathological conditions and preventing the risks of developing occupational and other diseases. Periodic procedures are carried out to monitor the health of employees and reduce occupational injuries. For each, there are deadlines within which the employee must see doctors.
Periodic medical examinations ensure timely response to changes in health status. It is thanks to such measures that it is possible to recognize development at the initial stages and begin timely treatment. The results of the survey may prompt the employer to transfer the employee to a less dangerous area of production. The verdict of the medical commission ultimately either confirms the employee’s suitability to perform his duties, or, conversely, does not allow him to perform them.
Prerequisites for medical examination
Periodic medical examinations are carried out within certain periods, which depend on the degree of danger of production factors and their type of hazard. It is possible to determine whether an employee is affected by any unfavorable conditions using the appendix to Order No. 302n.
Group of factors | Varieties |
Chemical | Mixtures and chemicals that are measured in the air of the work area and on human skin. These include substances of a biological nature obtained by chemical synthesis (vitamins, antibiotics, enzymes) |
Biological | Pathogenic microorganisms, producers, spores and living cells, causative agents of infections and epidemiological diseases |
Physical | Vibroacoustics, microclimate, non-ionizing and ionizing radiation, light environment |
Severity of work | Physical static and dynamic load, movement in space, working posture, mass of cargo moved and lifted manually |
Labor intensity | Hearing loads, active monitoring of the production process, density of sound and light signals, loads on the vocal apparatus |
If at least one of the listed factors is exposed, a periodic medical examination should be carried out at least once a year.
Today, when applying for almost any position, it is necessary to undergo a preliminary medical examination. And this is not at all the whim of the employer. In addition to employees exposed to hazardous and harmful factors, preliminary and periodic medical examinations are carried out by the following employees:
- medical and preventive and children's institutions;
- Food Industry;
- trade;
- Catering;
- waterworks.
Mandatory inspection is carried out in order to protect the population from the occurrence and spread of dangerous diseases.
Referral for medical examination
Preliminary and periodic medical examinations are regulated by Order No. 302n. In the first case, before hiring for a certain position, the employer issues the applicant a referral letter containing information about the enterprise, the proposed position and the nature of harmful or dangerous production factors (if any). The list of specialists and laboratory and functional tests that a future employee must undergo is established in accordance with the List of Works and Harmful Factors. The medical examination is considered completed if all prescribed procedures are completed. At this stage, a medical opinion is formed, which allows or prohibits the employee from occupying a certain position. It is important to understand that if the medical board makes a negative decision, an employment contract cannot be concluded with the applicant.
Periodic medical examinations of workers are carried out within the periods specified in the List of Work and Harmful Factors. Two months before the next medical examination, the employer is obliged to issue a referral to the employee. The employee undertakes to appear at the specified time.
Organization of periodic medical examinations
Before sending employees to a medical facility for a medical examination, the employer must complete several tasks. First of all, it is necessary to compile a list of employees. This is a regulatory act of the enterprise containing information about the professions of employees that are subject to preliminary or periodic medical examination. There is no standard form for this document, but a list of data that should be included in it has been developed:
- employee position according to the staffing table;
- name of hazardous work or type of work.
This may include additional information at the employer's discretion. The list of contingents is approved once, until any changes occur at the enterprise (new jobs, improvement or deterioration of working conditions, reorganization). The finished document is sent to Rospotrebnadzor.
Name lists of persons are developed annually two months before the agreed date of the medical examination. It must indicate the working experience precisely under the conditions of the declared production factor. It should be noted that a periodic medical examination is carried out at least once every 2 years in a medical institution and once every 5 years in an occupational pathology center. The lists are compiled separately.
Issue of an order
The company enters into an agreement with a medical institution, where employees will undergo regular medical examinations. After agreeing on the terms, a survey is drawn up, which must be familiarized to employees. Each person on the list of names confirms the fact of informing with a personal signature. At the same time, the employee may be given a referral for a periodic medical examination.
The need to carry out planned preventive measures is confirmed by issuing an order, which is drawn up in any form. Let's look at the approximate contents of this document:
Order “On conducting periodic medical examinations”
In accordance with Art. 212, 213, 266 Labor Code of the Russian Federation,
I ORDER:
- Approve lists of employees who are subject to mandatory medical examination in 2016. A schedule of preventive measures and a list of employees is attached.
- Send the employees listed on the list to the medical institution “City Clinic No. 2” in accordance with the established schedule for undergoing a medical examination.
- Heads of departments and divisions should not allow these employees to perform their job duties until the examinations have been completed.
- Heads of departments and divisions should familiarize employees with the order and sign it.
- Control over the execution of the order is entrusted to Ivanov I.V.
After which the director’s full name, his personal signature and attachments with a surname list of persons who need to come to the medical institution to undergo a medical examination are indicated. An order for periodic medical examinations is a mandatory document, which is drawn up on the basis of the Labor Code of the Russian Federation and Order of the Ministry of Health of the Russian Federation No. 302n.
Frequency of inspection for certain professions
As already mentioned, monitoring the health of employees is carried out under the condition that the latter work in harmful and dangerous production; clinics and representatives of professions who in one way or another come into contact with a large number of people regularly visit clinics. Mandatory periodic medical examinations are required for employees:
- Food industry, food trade, public catering - tests for infectious diseases and STDs are performed twice a year, as well as analysis for staphylococcus carriage and other bacteriological studies. Once a year, fluorography, consultation with a therapist and laboratory tests for the presence of helminths are prescribed.
- Children's preschool, school and secondary vocational medical institutions - examinations for the presence of STDs, infectious diseases and bacteriological studies are carried out up to 4 times a year. A general therapeutic commission with fluorography and laboratory tests is required once a year.
- Pharmacies and non-food trade - once a year, examination by a dermatovenerologist, therapist, fluorography and laboratory tests are indicated.
- Communal services for the population and swimming pools - they are examined for the presence of STDs 2 times a year and undergo a standard medical examination 1 time a year. Vaccination against diphtheria is required.
It is worth noting that the examinations, regardless of profession, include procedures such as fluorography, blood tests for syphilis, bacteriological studies for STDs, examination by a narcologist and a psychiatrist. For women, a visit to a gynecologist is mandatory.
Medical examination of persons working in hazardous and hazardous industries
Depending on the category of hazardous factors, the deadlines for employees to undergo mandatory testing are established. It should be taken into account that, regardless of work experience and profession, the following persons are subject to annual examination:
- up to 21 years old;
- hired in the Far North region (including in equivalent regions) from another area;
- working on a rotational basis.
Let's consider the frequency of medical examination depending on the working conditions (profession).
Types of work (production), profession | |
Explosion and fire | 1 time per year |
Using and carrying weapons | 1 time per year |
Emergency services | 1 time per year |
Servicing electrical installations (more than 42 V AC, more than 110 V DC) | 1 time every 2 years |
In areas remote from honey. institutions | 1 time per year |
Working on machines and equipment with moving elements | 1 time every 2 years |
Underground and high-rise works | 1 time per year |
Ground transportation management | 1 time every 2 years |
Underwater work in a gas environment (at normal pressure) | 1 time every 2 years |
Do not forget that there is a professional periodic medical examination, which must be completed at the occupational pathology center once every five years.
Medical examination before the start of the working day (shift)
Some employees, who are responsible for more than just their own lives, undergo a short medical examination every day. This includes workers employed in hazardous and hazardous industries. Purpose: monitoring health status after a working day and recording complaints about well-being. Drivers of all ground vehicles, as well as pilots, undergo periodic medical examinations at work. This time is included in the working day (shift) and takes at most 15 minutes, unless, of course, there is suspicion of a deterioration in the employee’s condition. Procedures include measurement of pulse, blood pressure, general assessment of health and reaction. Periodic medical examination of drivers necessarily includes a check of clarity of consciousness. If there is alcohol or drug intoxication (which is confirmed or refuted by express tests, if necessary), the employee is removed from the flight. General malaise and pressure changes can also be a medical exemption from performing work duties.
The legislation has made it mandatory for every enterprise or individual entrepreneur to undergo a pre-trip health check of drivers. Every employee working on a vehicle that belongs to a legal entity undergoes a medical examination. The doctor or paramedic decides on the employee’s permission to work. Medical conclusion personnel must be strictly observed.
Who pays?
In order for an employee to undergo periodic medical examinations, it is required to pay for preventive procedures. Who bears the costs of a medical examination? When hiring and carrying out work activities, the costs of a medical examination are borne by the employer. This rule is regulated by the Labor Code of the Russian Federation (Article 213). The company is free to choose its own medical facility. Before concluding an agreement with an organization, you should make sure of the following points:
- the organization is licensed;
- in the list of services and works in the annex to the license it is noted that the institution has the right to conduct medical examinations or examinations of professional suitability;
- has all the necessary specialists on staff;
- owns the required equipment;
- provides services at the address specified in the license.
It is also necessary to clarify the procedure for examination by a narcologist and a psychiatrist. Additional visits to dispensaries are often required to obtain certificates of mental and physical health. The cost of services is determined based on the number of required consultations and studies.
Even if the applicant is not employed after passing the medical examination, the employer does not have the right to demand reimbursement of expenses. Deductions from wages or independent payment for preventive examinations are unlawful in relation to the employee. The employer is obliged to bear all expenses and, in addition, maintain the employee’s salary during the medical examination within the average daily wage.
Periodic medical examination is an important event that allows timely diagnosis of occupational and socially dangerous diseases. Procedures are carried out primarily in the interests of the employee. Both the employer and the employee should comply with the requirements of the law regarding medical examinations. Violations lead to administrative fines of a considerable amount.
- name of the organization, enterprise;
- type of activity and form of ownership;
- the name of the clinic where you need to undergo a medical examination, indicating contact numbers and addresses;
- type of medical examination;
- Full name of the person being sent and his date of birth;
- the name of his future profession;
- risk factors at the enterprise.
Attention: The timing of the medical examination is agreed upon in advance. Download the referral form for a medical examination upon hiring. Employer's responsibility The manager is obliged, according to the law, to send the employee to undergo a medical examination if the position and specifics of the work provide for such a need. This is a requirement of Labor legislation (paragraph 12, part 2, art.
Periodic medical examination when there are no harmful conditions
Currently, the list of “harmful and (or) hazardous production factors and work” is approved by Order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011 No. 302-n. This document contains an impressive list of various production factors and activities. If there is a conflict with your employer regarding a medical examination, we recommend that you study this document yourself.
In addition, according to Part 5 of Art. 213 of the Labor Code of the Russian Federation, if necessary, by decision of local authorities, individual employers may introduce additional conditions and indications for conducting mandatory medical examinations (examinations). In other cases, employers do not have the right to require employees to undergo pre-employment medical examinations. Such medical examinations can only be carried out with the consent of the employee.
What is the frequency of medical examinations for the guard and cold driver? installations?
It includes the following harmful factors:
- chemical;
- biological;
- physical;
- labor process factors.
The list is a table in which the following columns are reflected:
- name of the relevant factor;
- corresponding to the necessary frequency of medical examinations;
- a list of medical specialties whose participation is necessary during the examination;
- a list of medical tests required for examination;
- additional indications for examination.
For example, such a chemical factor as the use of natural asbestos in production entails the need for a medical examination once every two years by an otorhinolaryngologist, dermatovenerologist, oncologist, allergist, with the studies provided for in the corresponding line of the list.
Directory of factors of order 302n by profession version 2
It contains a list of professions, harmful and dangerous factors for undergoing a medical examination. Here you can download a sample of documents on passing a medical examination at an enterprise (sample order and list of professions), etc. Download Order 302n “On passing medical examinations” A short video about passing medical examinations How to organize a medical examination correctly? Content
- 1 Brief video about medical examinations
- 2 How to properly organize a medical examination?
- 3 The need to undergo a medical examination upon hiring and during work
- 4 What medical examinations do workers undergo?
- 5 Who is responsible for medical examinations?
- 6 How to organize periodic medical examinations at your enterprise?
- 7 How to organize a medical examination when applying for a job?
The need for workers to undergo medical examinations, and for employers to organize them, is spelled out in Art.
When hiring a guard, is the medical examination paid for by the employer or the employee?
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- The legislation establishes an exhaustive list of workers who are required to undergo medical examinations upon hiring. Workers engaged in heavy work and work with harmful and (or) dangerous working conditions (including underground work), as well as work related to traffic, undergo mandatory preliminary (upon entry to work) and periodic (for persons under the age of 21 - annual) medical examinations (examinations) to determine the suitability of these workers to perform the assigned work and prevent occupational diseases.
Order 302n on passing medical examinations
Refusal to hire based on the employee’s refusal to undergo a medical examination in cases where the employee’s obligation to undergo a medical examination upon hiring is not established by law is illegal and can be appealed in court. Do you have an answer to this question? You can leave it by clicking on the Reply button Similar questions Can I return the money for a medical examination upon hiring on my next salary if I signed a collective agreement that states that I can receive this money only in six months? (1 answer) A referral was issued to undergo a preliminary medical examination upon hiring two months ago, but the citizen did not show up.
Medical examination upon hiring
Labor Code of the Russian Federation), otherwise the head of the enterprise will be subject to penalties for hiring a person who did not check his health before starting work. Medical examinations are now receiving close attention. Supervisory authorities (Rospotrebnadzor, Labor Inspectorate) monitor compliance with the procedure for hiring citizens and impose penalties on violators of Labor legislation. The fines provided are not small (part 3 of article 5.27.1 of the Code of Administrative Offenses of the Russian Federation).
from 15 to 25 thousand per official from 15 to 25 thousand per official from entrepreneurs without the formation of a legal entity from 110 to 130 thousand from legal entities Responsibility of the employee The applicant has no right to refuse to undergo a medical examination when hiring or any part of it .
Sout and honey. examinations
DOWNLOAD Form for a list of employees to undergo a medical examination How to organize a medical examination when hiring? To organize such a medical examination, you need:
- conclude an appropriate agreement with a medical institution;
- issue the candidate for employment with a referral approved by the employer in accordance with Order 302 no on undergoing medical examinations;
- notify the candidate that at the medical institution he will need to present this referral, a passport, if necessary, the results of a psychocertification, a health passport, if he has one;
- obtain from him a conclusion from a medical commission based on the results of the medical examination;
- draw up accounting documents for the medical examination - certificate of completion of work, etc.
Samples or procedures for filling out basic papers are contained in Order 302 n on passing medical examinations.
Harmful factors for medical examination by profession
Attention
If it is difficult for an occupational safety engineer or other authorized person to do this on their own, employees of the clinic where the medical examination is planned to take place, or employees of sanitary and epidemiological authorities will always come to the rescue. Based on this list, an order for undergoing a medical examination at the enterprise is drawn up annually, a sample of which can be asked from the labor inspector (a sample order is posted in this article with the ability to download it). Typically, the list of doctors and tests for a specific place of work is the same for preliminary and periodic medical examinations.
If working conditions have changed or the employee has acquired an additional profession, then the number of doctors and tests required to undergo a medical examination will increase.
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What factor should a guard be asked for a medical examination when hiring?
When compiling a list, you also need to take into account vacant positions.
- Approve this list with the sanitary and epidemiological inspection body that controls your organization.
- Calculate the number of workers in the professions included in the list. Make a list of their names indicating their full name, profession (including part-time work), age, gender, harmful and dangerous factors and special work, the name of the structural unit and approve it with the employer.
- Send this approved list to the medical institution no later than 2 months before the date appointed in paragraph 2.
- Within 10 days after sending the list, receive from the medical institution a calendar plan for the medical examination of its employees. It must be drawn up at least 2 weeks before the start of the medical examination.
It is necessary to distinguish a medical examination associated with work in dangerous (harmful) working conditions from a preventive examination conducted for the purpose of timely detection of pathological conditions and diseases in medical institutions in which citizens receive primary health care. Conducting a preventive examination of the adult population is not associated with a mandatory medical examination and does not replace it. Moreover, employees who are required to undergo mandatory examinations in accordance with Article 213 of the Labor Code of the Russian Federation are not subject to preventive examination.
Such rules are established by paragraphs 1–3 of the Procedure, approved by order of the Ministry of Health of Russia dated December 6, 2012 No. 1011n.
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