The Federal Service for Labor and Employment has considered an appeal regarding the need for medical examinations for office workers. Whether or not to undergo medical examinations depends on whether workplace certification at the enterprise (SOUT) has been carried out or not.

This information is aimed at students of retraining and advanced training courses in the following areas:

Compulsory preliminary and periodic medical examinations are regulated by orderMinistry of Health and Social Development of Russia dated April 12, 2011 N 302n " On approval of lists of harmful and (or) dangerous production factors and work during which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the Procedure for conducting mandatory preliminary and periodic medical examinations (examinations) of workers engaged in heavy work and work with hazardous and (or) dangerous conditions labor" (hereinafter referred to as Order 302n).

Order of the Ministry of Health and Social Development on undergoing mandatory medical examinations

Order No. 302n contains three appendices. One of them contains a List of harmful and (or) hazardous production factors. If there is any factor at the workplace, mandatory preliminary and periodic medical examinations (examinations) are carried out.

For some factors that are given in the List, there is an indication that it is necessary for workers to undergo medical examinations if, according to the results of a special assessment of working conditions (hereinafter referred to as SOUT), the working conditions were classified as harmful.

Order No. 302n of the Ministry of Health and Social Development in some places contradicts the Labor Code of the Russian Federation

For some reason, there is no such indication for some factors. According to the Office of State Supervision, in the field of labor, in relation to these factors, the level of excess of permissible exposure can be established only based on the results of the special assessment and assessment.

Therefore, in this part, Order No. 302n contradicts the provisions Labor Code RF. Art. 213 of the Labor Code directly states that workers engaged in work with harmful and (or) dangerous working conditions are sent to undergo mandatory preliminary and periodic medical examinations.

What factors are dangerous and harmful for office workers?

Clause 3.2.2.4 of the List of Harmful Factors states “the electromagnetic field of the broadband frequency spectrum from the PC (when working on reading, entering information, working in dialogue mode for a total of at least 50% of the working time).” This electromagnetic field correlates with non-ionizing radiation, which is on the list of harmful and (or) dangerous factors in the working environment and the labor process, subject to research (testing) and measurement during a special assessment of working conditions in accordance with Article 13 Federal Law dated December 28, 2013 N 426-FZ "On special assessment working conditions."

How to determine the absence or presence of a harmful factor?

The question of whether there is such a factor in the workplace or not can only be answered by experts from organizations that conduct special assessments. The presence or absence of a factor can be established during research (tests) and measurements of this factor.

When is it necessary to send office workers for a medical examination?

The employer is obliged to send office employees who work on computers more than 50% of their working time to medical examinations once a year in the following cases:

• A special assessment of working conditions was not carried out at the enterprise
• A special assessment was carried out, as a result of which the presence of harmful factors was established.

There is no need to be referred for medical examinations if, as a result of the SOUT, optimal or acceptable conditions labor in the workplace by factor.

Download Order of the Ministry of Health and Social Development No. 302 of April 12, 2011

According to this Order, when establishing the presence of an electromagnetic field of a broadband frequency spectrum from a PC (personal electronic computer - computer), workers must undergo a medical examination

• neurologist
• ophthalmologist

• Visual acuity,
• Ophthalmotonometry
• Skiascopy
• Refractometry
• Accommodation volume
• Binocular vision study
• Color perception
• Biomicroscopy
• Fundus ophthalmoscopy

• Complicated cataract.
• Degenerative-dystrophic diseases of the retina.
• Severe disorders of the autonomic nervous system

• Tax planning in an organization and the concept of tax risks.
• Methodological issues of accounting policy for tax purposes.
• Accounting policy for tax purposes.
• Industry tax optimization schemes.

List of doctors for periodic medical examinations depends on what position the employee being surveyed occupies, as well as his gender. In our article you will find information about the standard list of doctors who will need to see you to confirm that your health status meets the stated requirements, and about the procedure for undergoing medical examinations.

Which categories of workers are required to undergo periodic medical examinations?

Caring for the health of employees is one of the most important responsibilities of an employer. In accordance with Art. 213 of the Labor Code of the Russian Federation, are required to undergo a medical examination (both before entering work and subsequently, at certain intervals):

• workers engaged in work characterized by the presence of harmful and/or hazardous production factors;
• specialists working in the field related to transport traffic;
• workers working in the field Catering, medical and children's institutions, as well as some other organizations closely related to the provision of services to the population;
• employees who are under 21 years of age;
• other categories of workers, the list of which is established by federal and local legislation.

In accordance with Part 3 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, failure by the employer to comply with this requirement entails a fine, the amount of which can reach 130,000 rubles.

The procedure for preparing for mandatory periodic medical examination

The sequence of actions of the employer aimed at organizing and conducting periodic medical examinations is as follows:

What documents are drawn up during a periodic medical examination, who pays for it?

Unlike the initial medical examination, which an employee undergoes before concluding an employment agreement with the employer, when undergoing a periodic medical examination, a certificate drawn up in form No. 086/u or No. 001-GS/u is not required. According to the results periodic inspection employee in medical organization a conclusion is drawn up containing the following information:

• date of issue of the document;
• Full name of the person who underwent the inspection;
• name of the employing organization;
• Name structural unit, in which the employee works, as well as accurate name his positions;
• a list of harmful and dangerous production factors that have a direct impact on his health;
• the result of the examination and the doctor’s conclusion based on its results, indicating the presence or absence of contraindications for the employee to perform the declared type of work.

This document must be signed by the chairman medical commission and certified by the seal of a health care institution. Also, the results of the completed medical examination are indicated in the health passport, which is kept by the employer.

Don't know your rights?

All costs for employees undergoing examinations by doctors, as well as conducting laboratory and functional tests, in accordance with the provisions of Art. 213 of the Labor Code fall on the employer. Regardless of what medical institution(public or private) will be carried out medical checkup, the employer must enter into an agreement with him for the provision of relevant services, the cost of which depends on the number of workers examined and the prices established by the management of the clinic.

Passing a medical examination according to order 302n - which doctors need to be visited

The procedure for conducting periodic medical examinations of enterprise employees is determined by the provisions of the order of the Ministry of Health and Social Development of the Russian Federation “On approval of lists...” dated April 12, 2011 No. 302n. In accordance with Art. 5 section I specified normative act, the medical examination must be carried out by members of a permanent medical commission, which includes:

• occupational pathologist;
• medical specialists who have completed an advanced training course in the specialty “occupational pathology”, or doctors who have a valid certificate in this specialty.

The composition of this commission is approved by order of the chief physician of the health care institution that provides medical examination services for employees of the enterprise.

Wherein list of doctors for medical examination depending also on the sphere in which the employee works and the conditions for his implementation labor activity. Appendix No. 1 to Order No. 302n lists a list of harmful and dangerous production factors, in the presence of which an employee must have his health checked by medical specialists. The same appendix contains a list of doctors who must examine workers working in certain conditions, as well as the frequency of such examinations. In addition, in the document you can find an exact list of laboratory and functional studies, the conduct of which allows you to make the most objective and accurate conclusion about the employee’s state of health.

List of doctors for repeated medical examination at work

A list of doctors who must be visited by an employee of an enterprise when undergoing a medical examination is provided to him directly at the enterprise by the person responsible for carrying out the medical examination and coordinating the process of its implementation. Depending on the worker’s position, this list may include:

• otorhinolaryngologist;
• dermatovenerologist;
• ophthalmologist;
• allergist;
• oncologist;
• urologist;
• gynecologist;
• surgeon;
• endocrinologist;
• neurologist;
• orthopedist;
• dentist;
• infectious disease specialist;
• mammologist (for women over 40 years old), although in some cases a visit this specialist is replaced by a mandatory mammography procedure followed by presentation to a gynecologist.

IMPORTANT! The link to the 3rd list, specified in Appendix 1 to Order No. 302n, establishes the employee’s obligation to undergo examination by a therapist, psychiatrist and narcologist. The legality of this norm is confirmed by the decision of the Supreme Court of the Russian Federation “On refusal to recognize...” dated December 18, 2012 No. AKPI12-1363.

The list of mandatory tests that every employee undergoing a medical examination must undergo includes:

• general analysis of urine and blood;
• fluorography.

Note: this list may be supplemented with other types of examinations and analyzes (depending on the position held by the employee).

Who conducts a medical examination before starting a working day or shift?

In accordance with clause 4, part 2, art. 46 of the Law “On the Fundamentals of Health Protection...” dated November 21, 2011 No. 323 in order to identify the impact of dangerous and harmful production factors, as well as the presence of diseases that interfere with the normal performance of work, certain categories of workers (for example, drivers Vehicle transporting passengers) are required to undergo daily inspection before going to work. Unlike periodic medical examinations, this event does not take much time. It is carried out, in accordance with part 8 of the appendix to the order of the Ministry of Health of the Russian Federation “On approval of the procedure...” dated December 15, 2014 No. 835n, by a health worker with a higher or secondary medical education, or a health care institution that has a license to provide medical services (including conducting medical examinations).

So, some categories of workers are required to undergo both initial and periodic medical examinations, during which their health status is checked by both general practitioners and highly specialized specialists. List of doctors whose examination is prerequisite for the employee to carry out further work activities, laboratory tests and other studies, as well as a description of working conditions, the influence of which entails the need for regular examinations, are established by the provisions of Order of the Ministry of Health and Social Development No. 302n. Based on this document, a list of doctors is formed for each position who must be visited by the employees occupying it.

Questions were answered by E.A. Shapoval, lawyer, PhD. n.,
M.G. Sukhovskaya, lawyer

Mandatory medical examinations. Part I

For a year and a half now, lists of harmful factors and work have been in force for which mandatory medical examinations of workers must be carried out, as well as the procedure for their implementation. approved By Order of the Ministry of Health and Social Development dated April 12, 2011 No. 302n (hereinafter referred to as Order No. 302n). From the questions that we receive and that people ask on accounting forums, it is clear that there are still a lot of uncertainties.

We bring to your attention a selection of answers that will help you and your management understand when it is necessary to send employees for a medical examination and pay for it. But first let us remember the following.

Medical examinations that the employer is obliged to organize at his own expense, I happen t Part 2 Art. 46 of the Law of November 21, 2011 No. 323-FZ; Art. 213 Labor Code of the Russian Federation:

• preliminary- are carried out before conclusion employment contract to determine the suitability of the applicant’s health status for the work assigned to him;
• periodic - carried out during work to identify medical contraindications to the work performed, as well as initial forms of occupational diseases;
• pre-shift(pre-trip) - carried out at the beginning of the working day to identify signs that impede the performance of work (for example, drivers are under the influence of alcohol or drugs);
• post-shift(post-trip) - carried out at the end of the working day in order to detect the influence of harmful production factors and acute occupational diseases(for example, for workers engaged in underground work Art. 330.3 Labor Code of the Russian Federation).

Two supervisory authorities may fine you for failure to conduct medical examinations

E.A. Averkova, Nizhny Tagil

We have a small cafe. No matter how much I told my director that medical examinations are mandatory for us, he didn’t want to hear anything. He says it’s all nonsense and he doesn’t intend to spend money on it. Tell me, what threatens the company if it turns out that none of our employees underwent medical examinations? Maybe at least the size of the fines will have an effect on my boss...

: Indeed, for employees of public catering organizations, medical examinations - both preliminary and periodic - are mandatory. This is also indicated by the Labor Codec with Art. 213 Labor Code of the Russian Federation; clause 15 of the List (Appendix No. 2 to Order No. 302n) (hereinafter referred to as the List), and “catering” sanitary rules clause 13.1 SanPiN 2.3.6.1079-01. Therefore, if inspectors accidentally look into your cafe, we assure you that your director will not think too much. Take a look at this table.

Pre-trip medical examinations are mandatory for all drivers

V.A. Serebryakova, Krasnoyarsk

In our advertising company, company cars employ two drivers who carry general director and his deputy. Do I understand correctly that our drivers do not need to undergo daily pre-trip medical examinations? We don't motor transport enterprise, in the end.

: No, you're wrong. The Road Traffic Safety Law obliges all legal entities and entrepreneurs operating vehicles to organize pre-trip medical examinations for drivers. clause 1 art. 20 of the Law of December 10, 1995 No. 196-FZ(including those working under a civil contract) to identify their see the introduction to the Methodological Recommendations, brought to the attention of the Letter of the Ministry of Health dated August 21, 2003 No. 2510/9468-03-32 (hereinafter referred to as the Methodological Recommendations):

• signs of various diseases;
• fatigue;
• signs of alcohol, drug use, illicit drugs;
• hangover syndrome.

The procedure for conducting pre-trip examinations of drivers is described in detail in the manuals of the Ministry of Health. Letter of the Ministry of Health dated August 21, 2003 No. 2510/9468-03-32, so we won’t dwell on it.

We would like to remind you that such inspections must be carried out pp. 1.4, 4 of the Model Regulations (Appendix No. 2 to the Methodological Recommendations) either a medical institution that has a special license, or medical worker having the appropriate certificate (if inspections are carried out on the employer’s premises).

In the latter case, a separate specially equipped room must be allocated for inspections.

However, we want to reassure you a little. A fine for failure to conduct pre-trip medical examinations is possible if the form of waybills that you issue for company cars contains a section on conducting pre-trip medical examinations for the driver. clause 7 of Mandatory details, approved. By Order of the Ministry of Transport dated September 18, 2008 No. 152. For the absence of the appropriate mark in this section, the traffic police inspector may fine Part 2 Art. 12.31.1, part 1 art. 23.3 Code of Administrative Offenses of the Russian Federation; Resolution 11 AAS dated 02/01/2013 No. A72-10083/2012:

• organization (entrepreneur) - 30,000 rubles;
• manager - 5,000 rubles.

Therefore, in order to avoid additional risks, it is better for ordinary (non-motor transport) companies not to include a section on pre-trip medical examinations in the applicable waybill form.

We would also like to remind you that all drivers are subject to mandatory preliminary and periodic (once every 2 years) medical examinations, as well as a psychiatric examination (once every 5 years) Art. 213 Labor Code of the Russian Federation; paragraph 27 of the List; List, approved. Government Decree No. 377 dated April 28, 1993.

Working at a computer is also a reason for a medical examination

L.V. Skobeleva, Chita

I heard that employees who simply work in an office at a computer (managers, designers, lawyers, etc.) according to a standard schedule of 40 hours a week should also be sent for mandatory medical examinations. If so, how often are they conducted?

: What you heard is absolutely true.

Employees whose work involves using a computer more than 50% of the time (and currently this includes the vast majority of office workers) must undergo mandatory medical examinations clause 13.1 SanPiN 2.2.2/2.4.1340-03; clause 3.2.2.4 of Appendix No. 1 to Order No. 302n:

• preliminary - upon hiring;
• periodic - once every 2 years (by a neurologist and ophthalmologist), and for workers under the age of 21 - annually.

A study of arbitration practice showed that inspectors from the sanitary and epidemiological supervision do not miss an opportunity to fine the company for this violation. Articles 6.3, 23.13 of the Code of Administrative Offenses of the Russian Federation; see, for example, Resolution of the Federal Antimonopoly Service of the North-West District dated 03/05/2011 No. A21-4539/2010; 3 AAS dated 04/02/2012 No. A33-10404/2011; FAS VSO dated November 22, 2012 No. A19-5282/2012.

In addition, you can run into a fine from the labor inspector.

FROM AUTHENTIC SOURCES

Deputy Head Federal service on labor and employment

“ Failure by the employer to comply with the requirement to organize mandatory preliminary and periodic medical examinations for persons working with a personal computer for more than 50% of the working time (that is, professionally associated with the operation of personal computers) may be grounds for bringing him to administrative responsibility for violation of labor laws. Part 1 Art. 5.27 Code of Administrative Offenses of the Russian Federation” .

Any work in a childcare facility = mandatory medical examinations

G.A. Nafieva, Kazan

We are going to open a private kindergarten. Obviously, all educators must undergo both preliminary and periodic medical examinations. Is it necessary to send technical personnel, in particular cleaners, caretakers, and watchmen, for a medical examination?

: Absolutely All employees of preschool organizations (and not just teachers) must undergo preliminary and periodic (once a year at least) medical examinations. And each employee must have a personal medical record and clause 20 of the List; pp. 20.1, 20.2 SanPiN 2.4.1.2660-10. Otherwise, if there is an inspection, claims from Rospotrebnadzor are very likely.

In addition, again, all employees of your kindergarten will need to receive preventive vaccinations against influenza annually at the expense of the employer. clause 20.2 SanPiN 2.4.1.2660-10.

Medical examination ≠ medical books

M.G. Lisovskaya, Moscow

Our company specializes in industrial mountaineering Accordingly, a number of employees undergo annual medical examinations item 1 of the List. And recently I was puzzled: do they need to issue personal medical records? If so, at whose expense - the company or the employees themselves - are they purchased?

: The need to issue medical records for workers employed in a particular field follows from the specific sanitary rules and regulations (SanPiNov) governing this area. The types of activities for which medical books are required are listed in the Order of Rospotrebnadzor dated May 20, 2005 No. 402. Your type of activity is not there.

WE TELL THE MANAGER

Forms of personal medical records for employees are purchased at the expense of the employer Art. 213 Labor Code of the Russian Federation.

According to the Order, a medical book should be issued only to employees of organizations ( individual entrepreneurs), whose activities are related to:

• with the production, storage, transportation and sale of food products and drinking water;
• raising and teaching children;
• public utilities and consumer services (for example, enterprises such as bathhouses, dry cleaners, hairdressers).

Thus, your employees do not need to obtain medical records.

Medical books must be in the hands of the employee

N.G. Tushinskaya, Voronezh

The entrepreneur for whom I work as an accountant collected medical books from all the sellers in our store and told me to hide them in a safe. They say that no one loses them. And I became interested: where should medical records actually be kept - in the employer’s safe or in the hands of the staff?

: You know, there is a certain reason for the actions of your individual entrepreneur. Of course, according to the rules, while the seller is working, his personal medical record must be with him, so that in the event of an inspection he can present it to the inspector. clause 9.14 SP 2.3.6.1066-01.

However, if medical books are constantly in the hands of staff, it cannot be ruled out that a person will lose it, spoil it, or at least forget it at home. Then, if an inspection happens, he will not be able to show it to inspectors from Rospotrebnadzor. And in this case, the fine for the lack of a medical book will be imposed on the entrepreneur himself Part 1 Art. 6.3, part 2 art. 14.43 Code of Administrative Offenses of the Russian Federation; see, for example, Resolution of the FAS VSO dated March 21, 2013 No. A78-6973/2012.

Most best option- at the beginning of the working day, issue medical books to sellers, and at the end of work - collect them and put them in the safe.

There is almost always a reason to send an employee for a medical examination

G.D. Harutyunyan, Mozhaisk, Moscow region.

I recently registered as an individual entrepreneur and opened an auto repair shop. Only men work. One guy, a car mechanic, is clearly sick with something: he has had a terrible cough for several months. Is there any legal way to get him to see a doctor?

: The lists of harmful factors and work for which mandatory medical examinations of workers must be carried out are very extensive. Almost any work can be “pulled up” under them. In particular, the work of a car mechanic falls under work performed directly on mechanical equipment that has open moving (rotating) structural elements and clause 10 of the List. So you simply must refer your coughing employee for a medical examination. An otolaryngologist will also be among the examining doctors.

If, according to the conclusion of the medical commission, the employee is unfit to perform work in his position (profession), you will have to offer him other vacancies available to you that comply with the recommendations of the doctors. If you do not have another job or the employee refuses it (in writing), then he must be dismissed with payment of severance pay in the amount of average monthly earnings Articles 73, 84 of the Labor Code of the Russian Federation.

In the next issue you will find answers to remaining questions regarding medical examinations, including accounting for the costs of conducting them.

A medical examination is a set of medical measures aimed at identifying possible pathologies in citizens.

Working citizens must undergo such an inspection.

The frequency of its completion, the type and list of necessary doctors are individual in each case.

In this case, the specifics of work activity play a key role.

The activities of office workers are directly related to work at computers.

The need for medical examinations is determined by the Russian Ministry of Labor.

According to established rules, in this case one should be guided by production conditions. To this end the employer must evaluate them - SOUT.

As a result of assessing the working conditions of the place in which the employee works, a certain class of danger or hazard is assigned.

Based on this information, a decision is subsequently made about the presence or absence of the need to pass and.

For example, if during the audit it is revealed that workplace corresponds to any hazard class or contains electromagnetic radiation, the employer is obliged to send the employee for a medical examination. In the absence of harmful factors, the situation is different.

Read also about medical examinations:

In what cases is it required?

The issue of medical examinations for working citizens is regulated by Order No. 302n of the Ministry of Health and Social Development of the Russian Federation.

The document contains appendices containing a list circumstances equating to dangerous and harmful production conditions.

If at least one such factor is present at the workplace of an office employee, he is required to undergo a medical examination.

It is important to consider that the most common harmful factor in the case of office workers is working with a computer.

Only specialists from the relevant authorities, namely, experts involved in conducting special assessment and assessment work, can evaluate an employee’s workplace.

Mandatory for office workers at certain intervals are sent for periodic medical examinations if the following conditions are met:

• the company did not carry out a special inspection to evaluate the work of employees;
• The company carried out a special assessment and assessment, based on the results of which experts established the presence of factors that negatively affect the bodies of workers

If experts have concluded that the existing operating conditions correspond to the minimum acceptable, the employer is not obliged to regularly send employees for medical examinations.

During the inspection, experts assessing the working conditions of employees study the information reflected in job descriptions and conduct a survey of workers. Based on this, they draw appropriate conclusions.

If violations are detected, the employer may be held accountable and fined 20 thousand rubles.

In order to eliminate the possibility of problems arising, enterprise management should take care of the correctness of drafting job description.

It also recommends indicating the time during which the worker works at the computer and the duration of his work breaks. It should also be taken into account that the norm for working at a PC in this case is an hourly rest of 10-15 minutes.

In addition, information on the need for medical examinations can be found in the Labor Code of the Russian Federation. Article 213 of the regulatory act specifies a list of workers who must regularly visit medical specialists.

Which doctors are required to pass?

The list of doctors required to pass is also determined by Order No. 302n.

In accordance with the information provided therein, office employees, working in conditions of availability electromagnetic radiation emanating from the computer, must regularly visit 2 medical specialists. These include:

• ophthalmologist;
• neurologist.

During the examination, doctors have the right to conduct various examinations. Among the most common are the following:

• definition visual acuity;
• color perception;
• skiascopy;
• determination of the volume of accommodation;
• ophthalmotonometry;
• biomicroscopy.

If certain health problems are identified, an office employee may be removed from their duties.

Contraindications to professional activities of this nature are as follows:

• pathology of the retina (degenerative-dystrophic type);
• obvious disorders of the autonomic nervous system;
• complicated cataract.

How often are they held?

Labor legislation establishes the frequency of medical examinations for employees working in an office environment. According to available data, office employees must visit doctors once every 2 years.

It is important to take into account that for workers, who are under 21 years of age, different rules apply. Young professionals should be sent for examination annually.

To do this, the immediate manager of the company must contact the Federal Social Insurance Fund of the Russian Federation to finance this event.

During the worker’s absence from the workplace, his average monthly salary is retained.

For employees working at a computer

Workers spending time at the computer are required to undergo medical examinations under certain circumstances. These are:

• interaction with a PC to enter and read information;
• the presence of electromagnetic radiation emanating from a computer in the workplace.

In this case, one more important condition must be met. Its essence lies in the time spent at the computer.

Working conditions of an office worker may be considered harmful provided that it runs on a PC for more than 50% of the entire daily working time.

As reported by Rostrud, if an employee does not work at a computer full time, then he does not need to undergo a medical examination

Many companies have faced the need to send their employees for medical examinations. But Rostrud received a question that concerns employees office premises. As we know, now in offices, mostly all employees work on personal computers. How harmful is this and is the employer obliged to send his employee for a medical examination?

Let us turn to , which states that if there are results of the special assessment of labor conditions or current results of certification of workplaces for working conditions, confirming optimal or acceptable working conditions in the workplace, the employer does not have the obligation to send the employee to undergo a mandatory preliminary and periodic medical examination if the employee works at the computer 50% of the total working time during the day.

How to prove the fact that an employee is at work only half of the time? Look job responsibilities your employee. If the job description requires you to work only on a personal computer, then a medical examination is necessary. But if your job description, for example, for an accountant, states that during the working day a person works with paper documents, sends mail for the company (travels outside the office), works at a computer, then in this case we see that the employee does not “sit endlessly in front of a personal computer.” In such a situation, a medical examination is not necessary.

home » Loans » Do office workers need a medical examination? Rostrud reported under what conditions employees who work at a computer should not undergo medical examinations. Rostrud allowed office workers not to undergo medical examinations. According to the old standards, working on a computer