Should a watchman undergo periodic medical examinations? Medical examinations of employees, orders for medical examinations. Any work in a childcare facility = mandatory medical examinations

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 workers engaged in heavy work and in 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 SOUT.

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.
I say what I think and I think what I say.

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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:

Harmful physical factors include:

• ionizing radiation;
• electromagnetic radiation;
• ultraviolet radiation;
• thermal radiation;
• vibration, etc.

Harmful factors in the labor process include:

• physical overload;
• work with optical instruments, etc.

In addition to these harmful factors, Order No. 302n approved a list of jobs and professions in connection with which the impact of adverse factors on health is expected. Among them:

• steeplejack work;
• work in the Far North and equivalent areas;
• underwater work;
• working with food products;
• work in educational institutions, etc.

Employer's liability The presence of harmful factors is established during a special assessment of working conditions (Art.

Periodic medical examination when there are no harmful conditions

Employers need to organize a medical examination in order to:

• prevent accidents and diseases related to working conditions of workers;
• ensure maximum production efficiency (no need to look for replacements for constantly ill workers, pay sick leave, train new workers hired to replace sick workers);
• ensure sanitary and epidemiological safety in their organizations (relevant for hospitals, pharmacies, kindergartens, schools, canteens, cafes, restaurants, hairdressers, beauty salons, hotels, sports complexes and other public service institutions);
• avoid penalties.

What medical examinations do workers undergo? Medical examinations can be preliminary, periodic, preventive, unscheduled, pre-shift and post-shift.

What is the frequency of medical examinations for the guard and cold driver? installations?

It all depends on the duration of the contraindications specified in the medical certificate: more than 4 months or less than 4 months. In case of short-term health problems, the employee may be offered temporary work in another position.

Important

In case of long-term problems, they may be offered a position that allows the employee to work for medical reasons and professional reasons. Or they are fired, since medical contraindications are a serious reason for this.

Attention

Please note: If an employee is transferred for health reasons to another position with lower pay, but without a change of manager, then he must be paid his previous salary within a month. And if he is fired, then he must be paid everything that is due by law, including for unused vacation.

Directory of factors of order 302n by profession version 2

A preliminary medical examination must be carried out by all workers upon hiring who have hazardous working conditions that have a risk of contracting occupational diseases, as well as persons specified in Article 213 of the Labor Code of the Russian Federation (trade, education, food industry, etc.) Repeated medical examinations are carried out Only workers who are included in the current department’s list of professions are required to undergo a medical examination. In different organizations, medical examinations for representatives of the same profession differ.

This happens because, in addition to the name of the profession or position, when sending for a medical examination, the harmful and dangerous factors that affect the worker and the categories of work that he performs are taken into account. For example, in one building materials warehouse, the night cleaner simply washes the floor, so every year she only undergoes a fluorogram and a gynecologist.

When hiring a guard, is the medical examination paid for by the employer or the employee?

It allows you to determine whether a person, due to health reasons, is ready to perform the job for which he is hired, whether he has chronic and hereditary diseases that can affect his health in the future and interfere with the performance of assigned tasks. Such a medical examination also protects the team from infectious diseases that a new employee may bring.

Form When accepting a new employee, the manager, against signature, gives him a referral form for a medical examination by doctors. The document is issued by an employee of the enterprise in which the applicant plans to work.
There is no single sample of a medical examination form for employment. But there are certain requirements for its design.

Order 302n on passing medical examinations

Question: How often should honey be taken? inspection of employees by position - watchman and refrigeration unit operator? Answer Answer to the question: When hiring individual employees, the employer is obliged to arrange for these employees to undergo a preliminary medical examination (Article 213 of the Labor Code of the Russian Federation). The organization of such medical examinations is carried out at the expense of the employer. Current legislation does not provide for mandatory preliminary medical examinations of all employees. Mandatory medical inspection is determined by the factors of the production process and the field of activity of the organization. A list of harmful factors, as well as areas of activity in which medical care is required. examination is determined by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n (ed.

Medical examination upon hiring

• employees of food industry enterprises, public catering and trade, water supply facilities, medical and preventive care and children's institutions (Article 213 of the Labor Code of the Russian Federation);
• departmental security officers (Article 6 of the Law of April 14, 1999 No. 77-FZ).

Lists of harmful and dangerous production factors and work that require mandatory medical examinations are given in Appendices 1 and 2 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n. At the same time, if, based on the results of a special assessment of working conditions, an acceptable or optimal class of working conditions is established, then a medical examination is not carried out for this factor.

This was stated in the letter of Rospotrebnadzor dated June 19, 2015 No. 01/7015-15-31. 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.

Sout and honey. examinations

They must be followed by organizations that are subject to these documents. This procedure is confirmed by both Article 213 of the Labor Code of the Russian Federation and Article 24 of 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 beauty services (clause 9.29 of SanPiN 2.1.2.2631-10, approved by Resolution of the Chief Sanitary Doctor of Russia dated May 18, 2010 No. 59);
• in construction industry (clause 13.1 of SanPiN 2.2.3.1384-03, approved by Decree of the Chief Sanitary Doctor of Russia dated June 11, 2003 No. 141);
• in public catering organizations (clause 13.1 of SanPin 2.3.6.1079-01, approved by the decree of the Chief Sanitary Doctor of Russia dated November 8, 2001

Harmful factors for medical examination by profession

• on work related to the maintenance of electric power facilities (
• on public railway transport (Procedure approved by Order of the Ministry of Transport of Russia dated July 16, 2010 No. 154).

Also, employees under 18 years of age and professional athletes undergo mandatory medical examinations (Articles 69, 266, 348.3 of the 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 Appendix 3 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011.

No. 302n. The rules for medical examination of drivers are established in the letter of the Ministry of Health of Russia dated August 21, 2003 No. 2510/9468-03-32. For all other categories of employees for whom special medical examination rules are not established, these documents can also be applied.

But in addition to these doctors, some types of professions require examination by other specialists. This could be a narcologist, a psychiatrist, a gastroenterologist, a cardiologist, or an allergist.

Sample certificate A certificate confirming that a future employee of the enterprise has passed a medical examination is the final conclusion of a therapist, issued on the basis of the conclusions of other specialists of a medical institution. Most often, the certificate is issued in form 086/u. Validity period of the certificate If a person gets a permanent job for the first time, then certificate 086/у is usually issued. It is good for six months. For civil servants, the certificate is different - 001-ГС\у. Its validity period is one year. However, the employer may require you to undergo the medical examination again, even if the certificate has not expired. The fact is that sometimes a person passes a medical examination for one enterprise, and then decides to go to work for another organization.

What factor should a guard be asked for a medical examination when hiring?

Who is responsible for medical examinations? In general, the employer is responsible for organizing and conducting medical examinations. Therefore, from among his employees he selects those responsible for:

• compiling a list of professions to undergo a medical examination.
  Typically these are OT employees;
• preparation and issuance of an order to undergo a medical examination at the enterprise, a sample of which is kept by the clerk, the occupational health service or other persons involved in the process;
• organizing the medical examination itself - preparing documentation for the hospital, sending employees for a medical examination, monitoring its completion;
• prohibition from work of persons who have not passed the examination. Most often these are the immediate supervisors of the work (site managers, foremen).

The day or days on which workers undergo a medical examination are paid “on average”.
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Home → Accounting consultations → Labor protection Updated: June 26, 2017 Preserving the life and health of workers is one of the most important tasks of the legal regulation of labor activity in our country.

Let us examine in detail the procedure for conducting medical examinations of enterprise employees, taking into account the changes that came into force in 2018.

Read our article:

Medical examinations of enterprise employees in a new way in 2018

A medical examination (MO) is a comprehensive examination of an employee in order to identify negative changes in his health and determine his suitability to perform job duties. First of all, a medical examination is necessary for personnel who are exposed to harmful and hazardous production factors (HAPF) in the workplace. The list of such factors and the procedure for undergoing medical examinations by employees are established by Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

In March 2018, the approved changes came into force. It was expanded (clause 20 of Appendix No. 2): instead of workers of social shelters and nursing homes, workers of social service organizations providing social services must now be sent to the Ministry of Defense:

• in stationary form of social services;
• semi-stationary form of social services;
• in the form of social services at home.

The procedure for conducting a medical examination in Appendix No. 3, as well as the requirements for documents confirming its completion, have not changed.

Article 213 of the Labor Code of the Russian Federation - medical examinations

Mandatory medical preliminary and periodic examinations: organization of implementation

As we mentioned above, the procedure for conducting medical examinations is determined by Appendix 3 to Order of the Ministry of Health and Social Development No. 302n.

A preliminary medical examination is carried out upon hiring. It allows:

• assess the employee’s ability to perform professional functions without harm to health;
• promptly identify the initial ones and prevent their development.

The algorithm is as follows:

1. The employer issues it to the person applying for work, indicating the position, profession or type of work, as well as a list of those present at the workplace.

2. A person applying for a job submits the following documents to the medical organization:

• direction;
• passport (or other standard identification document);
• decision of the medical commission (in cases provided for by the legislation of the Russian Federation).

3. The preliminary inspection is considered passed when:

• the person applying for work was examined by all medical specialists;
• All laboratory and functional studies were performed.

4. After passing the medical organization’s medical examination, which must be signed by the chairman of the medical commission indicating his last name and initials. The document is certified by the seal of a medical organization, which prepares a conclusion in two copies. The first is attached to the outpatient card, the second is given to the person who has undergone a medical examination.

For what purposes are mandatory periodic medical examinations carried out?

Download and use in your work, with which you can quickly determine which employees to send for a periodic medical examination this year, create a list of contingent, a list of names and referrals for a medical examination.

Who should undergo periodic medical examination

The following employees must undergo periodic preventive medical examinations.

1. Those exposed to harmful or dangerous production factors, in the presence of which mandatory preliminary and periodic medical examinations are carried out.
2. Performing work specified in the list, during the performance of which mandatory preliminary and periodic medical examinations of workers are carried out.
3. . If these jobs involve persons under 21 years of age, they undergo medical examinations annually (Article 213 of the Labor Code of the Russian Federation).
4. Involved in underground work. Such employees undergo periodic medical examinations annually (clause 12 of Appendix 2 to Order No. 302n).
5. Employed in organizations of the food industry, public catering and trade, water supply facilities, medical organizations and child care institutions (Article 213 of the Labor Code of the Russian Federation). The frequency of medical examinations for specific professions is given in Appendix No. 2 to Order No. 302n.
6. Athletes. They undergo medical examinations annually (Article 348.3 of the Labor Code of the Russian Federation).
7. Persons under 18 years of age. They undergo medical examinations annually (Article 266 of the Labor Code of the Russian Federation).

The List specifies the jobs and professions during which workers must undergo mandatory preliminary and periodic medical examinations, regardless of what is established at these workplaces and the availability of vocational training.

*If the listed jobs involve persons under 21 years of age, they undergo medical examinations annually (Article 213 of the Labor Code of the Russian Federation).

Medical examinations should be carried out already in the presence of harmful or dangerous production factors specified in the list at the workplace, and their level does not matter.

The following factors are exceptions:

• 3.5. - ;
• 3.8., 3.9. - air temperature;
• 3.12. - light environment;
• 4.1. - physical overload;
• 4.4.1., 4.4.2., 4.4.3.- sensory loads.

For these factors, medical examinations are carried out only if working conditions are classified as harmful or dangerous based on the results of the special assessment assessment.

When hiring, for example, accountants, programmers, management personnel and other office employees who spend more than 50 percent of their working time, the employer is obliged to send them for a medical examination (clause 3.2.2.4 of the List of harmful and (or) hazardous production factors approved by Order No. 302n). The frequency of MO is once every two years.

Passing a periodic medical examination

The procedure for conducting periodic medical examinations is regulated by Order No. 302n. The algorithm is as follows:

1. The employer is subject to periodic medical examinations, which indicates:

• name of the employee’s profession or position according to the staffing table;
• name of the harmful production factor.

Then this document is sent within 10 days to the territorial body of Rospotrebnadzor at the actual location of the employer (clause 21 of the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n).

2. Based on the approved list of contingent indicating the VOPF, as well as the type of work.

Approved lists are sent to the medical organization. This must be done no later than two months before the start date of the examination agreed with the medical institution. The medical organization, within 10 days from the date of receipt of the name list, draws up a calendar plan for conducting periodic medical examinations.

3. The employer familiarizes employees with the Moscow Region calendar plan. This must be done no later than ten days before the start of the event.

4. The employer provides employees with directions for a medical examination. They indicate:

• employer's name;
• form of ownership and type of economic activity according to OKVED;
• name of the medical organization, actual address of its location and OGRN code;
• type of medical examination - periodic;
• last name, first name, patronymic, date of the employee;
• name of the structural unit;
• name of position, profession or type of work;
• VOPF.

The referral is signed by an authorized representative of the employer, indicating his position, surname and initials. All directions are issued against signature, and records are kept.

5. On the day of the medical examination, the employee submits to the medical organization:

• direction;
• passport or other standard identification document;
• health passport (if available);
• decision of the medical commission that conducted a mandatory psychiatric examination (in cases provided for by Russian legislation).

Periodic medical examination is considered completed if all medical specialists have examined you and all laboratory and functional tests have been completed.

Who pays for periodic medical examinations?

The employer is obliged to conduct periodic medical examinations at his own expense and enter into an agreement with a medical organization licensed to conduct preliminary medical examinations. A permanent medical commission is formed in the medical organization. It is headed by an occupational pathologist. The medical organization is responsible for the quality of medical examinations.

Example of a contract for a medical examination

How are the results of periodic medical examinations of the organization’s employees recorded?

After passing the medical examination, the medical organization issues a conclusion. It states:

• date of issue;
• last name, first name, patronymic, date of birth, gender of the employee;
• employer's name;
• name of the structural unit, position, profession or type of work;
• name of the VOPF;
• MO result (medical contraindications identified, not identified).

The conclusion is signed by the chairman of the medical commission. The document is certified by the seal of a medical organization, which prepares a conclusion in two copies. The first is attached to the outpatient card, the second is given to a person who has undergone a medical examination. Data on the passage of the MO is entered into.

The medical organization, within 30 days after the completion of periodic medical examinations, summarizes their results. Then, together with the territorial bodies of Rospotrebnadzor and representatives of the employer, it compiles in four copies, which are sent within five working days from the date of approval:

• employer;
• to the center of occupational pathology of a constituent entity of the Russian Federation;
• to the territorial body of Rospotrebnadzor.

One copy of the final act is kept in the medical organization for 50 years.

Extraordinary medical examination

Extraordinary medical examinations are carried out on the basis of medical recommendations specified in the final report of the medical examination.

• at work with harmful or dangerous working conditions, including underground;
• at work related to traffic;
• athletes ();
• working in food industry organizations, public catering and trade, water supply facilities, medical organizations and child care institutions, etc.

The employer has the right to send an employee to an extraordinary medical examination in the following cases:

• at the request of the workers themselves (Article 219 of the Labor Code of the Russian Federation);
• in accordance with the recommendations of specialists who participated in preliminary or periodic examinations, as well as for epidemiological indications;
• in accordance with ;
• according to the conclusion of the territorial bodies of Rospotrebnadzor with mandatory justification in the direction of the reasons;
• when a case of nosocomial infection is detected, by decision of specialists from Rospotrebnadzor authorities and institutions.

In the absence of the grounds listed above, the employer does not have the right to send the employee for an extraordinary medical examination without his consent.

Attention

An employee is obliged to immediately notify his immediate or superior manager about a deterioration in his health, including the manifestation of signs of an acute occupational disease (Article 214 of the Labor Code of the Russian Federation). The employer, if there are clear signs indicating a decrease in the employee’s ability to work, can send him for an extraordinary medical examination.

Responsibility for failure to undergo a medical examination in the organization

The employer is responsible not only for the timely organization of medical education for employees at its own expense, but also for the admission to work of persons who have not undergone a preliminary or periodic examination, or who are not allowed to work for medical reasons. If inspectors of regulatory authorities establish such a fact, the employer may incur administrative liability.

According to Part 3 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, the fine will be as follows:

• for officials - from 15,000 to 25,000 rubles;
• for persons carrying out entrepreneurial activities without forming a legal entity - from 15,000 to 25,000 rubles;
• for legal entities - from 110,000 to 130,000 rubles.

The amount of the fine is calculated based on the number of employees who have not completed the mandatory training. If due to lack of medical examination the employee's health will be seriously harmed or his death will occur, the officials will bear the consequences (Article 143 of the Criminal Code of the Russian Federation).

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 hazardous (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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