Carrying out periodic medical examination of employees of the enterprise. Periodic medical examinations of employees. Periodic medical examination

12.11.2019

In accordance with articles 212, 213, 266 and Labor Code RF employer is obliged to conduct (examinations) certain categories employees at the expense of the employer.

For the duration of the above examinations, the employee retains his average earnings at the place of work. The average salary is calculated in accordance with the requirements established by Article 139 of the Labor Code of the Russian Federation.

Suspension from work if the employee has not passed the mandatory medical examination

Article 76 of the Labor Code of the Russian Federation obliges the employer dismiss or not allow to work an employee who has not passed the mandatory periodic medical checkup. At the same time, it should be borne in mind that if this violation of the requirements of the law is not the fault of the employee, then the entire time of his suspension from work until the medical examination will be paid in full as for downtime. Payment for downtime is made according to the rules of Art. 157 of the Labor Code of the Russian Federation.

employed in heavy work and in work with harmful and (or) hazardous conditions labor approved Order of the Ministry of Health and Social Development of the Russian Federation No. 302 n(hereinafter - the Procedure), establishes that must be observed when conducting mandatory periodic medical examinations of these employees.

Mandatory periodic medical examinations according to the purposes and contingents of employees are divided into three groups:

Medical examinations of employees employed in hazardous work and at work with harmful and (or) dangerous production factors for prevention and early detection occupational diseases.
Mandatory psychiatric examination of employees engaged in activities related to:
- sources of increased danger, as well as those working in conditions of increased danger;
- work with drugs and psychotropic substances.
Medical examinations of the decreed contingent in order to protect the health of the population and prevent the occurrence and spread of diseases.

Purpose of medical examinations

Mandatory periodic medical examinations necessary for the purposes(Part 3 of the Order):

A medical examination is a complex of medical interventions aimed at identifying pathological conditions, diseases and risk factors for their development (Article 46 Federal Law of November 21, 2011 No. 323-FZ “On the basics of protecting the health of citizens in Russian Federation» in red. dated 06/25/2012) (hereinafter - FZ 323 on the basics).

Frequency of medical examinations

In accordance with the Procedure, the frequency of periodic medical examinations depends on certain types of harmful and (or) dangerous production factors affecting the employee, or the types of work performed. Therefore, periodic inspections are carried out at least at the times specified in the List of Factors and the List of Works. However, employees under the age of 21 undergo periodic inspections annually.

Appendix No. 2, clause 17 of the Procedure establishes that medical personnel of medical institutions, as well as maternity hospitals (departments), children's hospitals (departments), children's clinics, departments of pathology of newborns, premature babies are subject to mandatory periodic medical examination once a year . At the same time, the Procedure also provides for more frequent examinations for health workers, for example, for the presence of pathogenic staphylococcus aureus - at least once every 6 months.

In addition, please note that some categories medical workers are also subject to preventive medical examinations in order to detect tuberculosis. The frequency of such examinations is currently established by the Order of the Ministry of Health of Russia dated March 21, 2017 No. 124n “On approval of the procedure and terms for conducting preventive medical examinations of citizens in order to detect tuberculosis” (hereinafter - Procedure No. 124n) and is as follows:

2 times a year - for employees of maternity hospitals (departments, perinatal centers);
Once a year - for medical workers, including health resort organizations, health organizations for children.

Note: it should be taken into account that Procedure No. 124n entered into force on September 1, 2017, and earlier the procedure and terms for conducting preventive medical examinations of the population in order to detect tuberculosis were approved by Decree of the Government of the Russian Federation dated December 25, 2001 No. 892 “On the implementation federal law"On Preventing the Spread of Tuberculosis in the Russian Federation".

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Hello! In this article we will talk about conducting medical examinations for employees of the enterprise.

Today you will learn:

What types of medical examinations are established by labor legislation;
For workers of what professions, medical examinations are mandatory and with what frequency;
How to properly prepare for a medical examination of employees of your organization;
What are the consequences of failure to pass the primary or periodic medical examination for the enterprise and for specialists.

Why Send Employees for Medical Examinations

The term "medical examination" in the professional field has replaced the concept of "medical examination". In fact, both of them mean a set of measures to study the health of an employee, identify possible pathologies and prevent them.
It will depend on the physical condition of the employee how fit he is to perform certain job duties. In order to understand whether the health of a subordinate corresponds to the position and paid activity, the employer sends employees of his company for a mandatory medical examination.

First of all, a periodic medical examination is necessary for workers in professions associated with danger: firefighters, rescuers, miners. The category of hazardous industries also includes enterprises whose activities are associated with chemical mixtures, biological substances, allergens, toxins, and ultraviolet radiation.

The health status of employees of such companies must be monitored in order to avoid a sharp deterioration and prevent disability or possible work-related injuries. If at least one of the factors affects production employees, a medical examination should be organized once a year or more often.

Food workers, trade or organizations Catering, teachers in schools and preschool institutions undergo a medical examination in order to preserve their own and the safety of the health of those with whom the employee is in contact. In addition, the goals of medical examinations include monitoring the dynamics of the health of employees, preventing the development of diseases associated with professional activities.

The control of this aspect of labor is legally assigned to the head of the company. It is he who is required to determine how often employees must undergo mandatory medical examinations, whether a medical examination is necessary for a candidate before taking office, and other organizational issues.

Types of Medical Examinations of Employees

There are three main types of medical examinations at the enterprise, depending on the time of their conduct:

Mandatory primary medical examination;
Periodic medical examination;
Extraordinary.

Mandatory preliminary medical examination

Preliminary medical examination- This is a one-time examination conducted for the admission of a new employee to the state. Individually, he is given a referral for examination by specialists. The initiative may come from you as a leader, but sometimes a preliminary medical examination is a mandatory step for a conclusion, which is enshrined in the legislation of the Russian Federation. This applies to certain types labor activity. Unsatisfactory results of medical examinations entail a refusal to conclude an employment contract with potential employees.

An initial medical examination is required for:

Applicants under the age of 18;
Applicants for hard or dangerous work;
Applicants for work in the Far North;
Athletes;
Employees working with transport (pilots, machinists, drivers).

Managers who neglect this rule risk receiving administrative punishment and a fine for their company. In addition, there are areas of activity for whose employees a primary medical examination is also required. This category includes employees of the Ministry of Emergency Situations, customs, judges, railway employees.

If during the examination a non-compliance of the applicant for the position for health is revealed, you need to draw up a written refusal to hire. If the applicant refuses to undergo a medical examination, the manager has every right to refuse to enter into an employment relationship with him.

For other types of business, a preliminary medical examination can be arranged at the request of the manager. It is worth remembering that the company will have to pay for visits to specialists. Most often, the entire complex of conclusions about the health status of the applicant takes place in the clinic with which the company has entered into an agreement.

Periodic medical examination of employees

You can choose the organization to which you entrust the conduct of a medical examination. The only criterion is having an appropriate license.

The specialists that employees will need to pass, analyzes and tests will differ for different professions, for men and women, for workers of different ages. Nevertheless, the general list of procedures and specialists remains unchanged during any periodic medical examination at the enterprise.

First of all, the employee must be examined by a therapist, then the usual tests are given: general analysis blood and urinalysis. It is very important to include fluorography in the medical examination. It will make it possible to draw a conclusion about the standing of the lungs and bronchi and to identify tuberculosis, which in the early stages is actually asymptomatic.

Mandatory tests include an ECG and a visit to a neurologist, surgeon, ophthalmologist. The inspection data is entered into medical book.

Mandatory medical examination is provided for a certain list of employees:

Employees of production where there is one or more factors harmful or hazardous to health;
Employees of public catering establishments;
involved in high-altitude work;
Medical workers, employees of sanitary and hygienic enterprises, pharmaceutical companies;
Employees of educational institutions;
Employees whose activities are related to animal husbandry, poultry farms and water utilities.

Regardless of the specifics of your business, all employees under the age of 21 must undergo mandatory periodic medical examinations.

There are activities that require inspection before the start of each shift. These include drivers, before each flight they are required to undergo special tests. Pre-shift medical examinations are also necessary for employees whose activities are associated with high physical and emotional costs (pilots, machinists).

Even if the activities of your company's employees are related to the standard office work, the labor code provides for mandatory periodic medical examinations.

This applies to those employees who spend more than 50% of their time at a computer monitor. In this case, you can use the on-site medical examination service: many clinics have a mobile team that comes to the offices and conducts the necessary tests.

The rules for conducting extraordinary medical examinations are regulated by law least of all. These events do not have a frequency. They can be initiated by the employee himself in case of deterioration in health, if there is a suspicion that it is related to professional activities.

The second case of an unscheduled medical examination is the recommendations of specialists after the conclusion of a periodic examination. Perhaps the planned tests were not enough to determine the compliance of the employee with his activities and additional expertise is required. Also, labor protection specialists can send all or some employees for an unscheduled examination. Such cases can occur with a sharp deterioration in working conditions, the appearance of suspicious symptoms in one or more employees of the company.

Who pays for medical examinations of employees

The company fully bears the cost of the entire range of measures for the examination of employees. In addition, for an employee of the organization for the period of passage medical commission maintains the average wage. A personal medical book is transferred to you, as an employer, for the entire time that the employee works in the company.

The cost of a medical examination of one specialist can vary from 1,500 to 5,000 rubles, depending on the region and the necessary tests. Most clinics provide a discount proportional to the staff.

The costs of the primary medical examination for the applicant also fall on the employer. Payment for a medical examination for employment is made in the same way as for a periodic examination. If the health of the candidate does not allow to conclude an agreement with him, the honey book remains in his personal use.

If possible or current employee paid for the passage of specialists, the legislation provides for compensation for the costs of a medical examination by the employer. To do this, it is enough for the employee to write a free-form application and attach documents confirming the payment.

In the event that employees fail to undergo a medical examination due to the fault of the employer and their subsequent removal from duties, the company is obliged to pay them an amount equal to 2/3 of the salary.

A part of the amount for the medical examination is compensated through the compulsory insurance fund.

Step-by-step instructions for preparing for a periodic medical examination

Since all preparation for a medical examination at the enterprise is the responsibility of the employer, you will need to understand the nuances.

There is an algorithm that allows you to quickly and correctly prepare for a medical examination:

Step 1. The choice of a company that will conduct a medical examination, and the conclusion of an agreement with it. Most clinics are licensed to examine employees. After the conclusion of the contract, it is necessary to choose and agree on the terms of medical examination.

Step 2 Compilation of a list of employees who require a medical examination. This document is sent to the department of Rospotrebnadzor of your district. Indicate in the list of all employees by occupations that are affected by the negative factors discussed above.

Step 3 When the list of the contingent is agreed with Rospotrebnadzor, you will need to draw up a second list that lists the names of the company's specialists sent for a medical examination. Indicate their name and influencer negative factor. This list also needs to be approved.

Step 4 After assurance, send this list to the company with which you have entered into an agreement for a medical examination. This must be done no later than two months in advance.

Step 5 The party providing services under the medical board will draw up an action plan by date. It usually takes about ten days. You, as an employer, only need to approve this plan.

Step 6 After the implementation plan is drawn up and agreed, you will need to familiarize your company staff with it. This step must be completed no later than two working weeks before the medical examination.

Step 7 All specialists who must undergo a medical examination are given a referral. Its receipt is confirmed by painting. The direction contains information about the enterprise, the medical organization, the full data of the employee, including the occupation, according to the presence of harmful factors. The document is certified by an authorized person of the employer.

Step 8 After passing the medical examination, supporting documents are issued: a conclusion based on the results of the examination and an act. The conclusion is drawn up in two copies. One is transferred to the employee, the second remains in personal map. Four copies of the acts are drawn up by the commission together with Rospotrebnadzor. One of them is sent to the employer.

Employees are only responsible for coming to the medical organization at the appointed time with a passport and referral.

Consequences of not passing a medical examination

The Labor Code regulates not only the frequency and nuances of medical examinations by employees, but also measures for employees and employers if the medical examination has not been passed.

Often the applicant does not agree to undergo a preliminary medical examination. In such circumstances, the employer does not have the right to conclude labor contract with an employee.

The employer signs a written refusal to accept a job and, if the applicant's health does not correspond to the intended duties, he cannot be admitted to the intended activity.

Ignoring these conditions is fraught with a fine for the company. The amount may vary, depending on the form of the company. For individual entrepreneurs minimum fine threshold 15 000 r., for organizations - 110 000 rub.

What to do if a subordinate has not passed a periodic medical examination? The Labor Code obliges to temporarily suspend the professional activity of an employee.

If the medical examination was not passed through the fault of the employee himself, then wages are not accrued. In the event that the medical examination was not passed for reasons valid or beyond the control of the employee, the salary part of the salary is paid to him for the entire period of involuntary unemployment.

The issued act of the medical commission may state that it is impossible to continue working in the position occupied by the employee. If health problems prevent him from performing his duties, you can offer him another position. The Labor Code also provides for transfer to a less paid job within the company in such cases. If this is not possible, cooperation with the employee must be terminated.

Scheduled medical examinations will help you not only avoid sanctions and fines, but also maintain confidence that all employees can perform their direct duties without risk to their health.

The current legislation provides for a strict procedure for organizing medical examinations at the enterprise, the violation of which may lead to the employer being held liable. At the same time, it is also allowed to conduct a medical examination on the territory of the enterprise, which can have a sufficient number of advantages for both the employer and employees. About how to properly ensure the passage of a medical examination at the enterprise, and how it is organized this process, it will be useful for all parties to the labor relationship to know.

What is a medical examination at the enterprise and the regulatory framework for their implementation

Under the medical examination, Russian legislation implies a procedure that is mandatory in some cases, consisting in an examination by a certain list of medical specialists, as well as passing a number of established tests. Wherein legislative regulation this issue is provided very a wide range regulations and documents. In particular, both employees and employers who wish to provide a medical examination at the enterprise should at least pay attention to the provisions of the following regulations:

Federal Law No. 323 dated November 21, 2011. The provisions of this law establish general principles and the definition of a medical examination, the main types of medical examinations and other aspects of the said procedure.
Federal Law No. 52 dated 30.03.1999. This law considers in its provisions the basic principles by which measures are taken to protect the Russian population from adverse sanitary and epidemiological factors. And medical examinations at the enterprise are one of the important components of these protective measures.
Order of the Ministry of Health and Social Development No. 302n of 04/12/2011. The aforementioned document contains the most complete list of harmful factors inherent in various professions and activities, and also establishes the relationship of various with the need to pass. Also, depending on each harmful factor, this order regulates not only the regularity of periodic medical examinations at the enterprise, but also directly the doctors and tests that must be passed by employees.
Order of Rospotrebnadzor No. 402 dated 05/20/2005. The regulatory provisions of this document establish the concept, its form, and also regulate the general principles of its design and situations in which employees, in addition to medical examinations at the enterprise, should issue a medical book.
Article 69 of the Labor Code of the Russian Federation. The provisions of this article of the Labor Code of the Russian Federation establish the possibility of conducting medical examinations in relation to certain categories of workers during their.
Article 213 of the Labor Code of the Russian Federation. The norms of the aforementioned article of the Labor Code regulate the issues of conducting medical examinations at the enterprise as a whole, and also establish a short list of positions for which this procedure is mandatory and cannot be ignored.

In general, there are a lot more normative documents governing the conduct of medical examinations by representatives of individual professions or organizations. For example, medical examinations of employees of the prosecutor's office, the Ministry of Internal Affairs or the FSB are mandatory and are carried out in a separate order - the relevant laws on each of the indicated structures can inform about the procedure for conducting medical examinations in these situations.

In general, it should be remembered that a medical examination in relation to a number of professions is a mandatory action that must be performed both when applying for a job and periodically with a certain regularity. Violation of the procedure for conducting a medical examination in this case may be the basis for holding the employer liable. But in relation to the employee, the legislation provides for the possibility of imposing certain sanctions.

So, if the medical examination was not passed by the employee through no fault of the employer, then the latter not only has the right, but is also obliged to remove the employee from work duties without saving him wages up to a medical examination.

The procedure for conducting medical examinations at the enterprise

Immediate legislative requirements that would strictly fix general order there are no medical examinations in simple organizations - such an order may provide for certain public services and suggest, for example, as in the case of the police, the imposition of additional disciplinary action on employees for failing medical examinations. But in general situations, the employer has the right to determine the procedure and methods for conducting a medical examination in an organization.

The main tool that serves to establish and consolidate such an order is the local regulations of the enterprise, as well as the provisions collective agreement or directly individual labor contracts with employees. At the same time, the employer has the right to establish the obligation to conduct medical examinations in relation to employees for whom they are not required from the point of view of the current legislation.

However, in any case, compensation for the costs of the medical examination must be provided by the employer in accordance with the provisions of the Labor Code. In general, in practice, there are several main options for organizing medical examinations at the enterprise:

Referral of employees for independent medical examinations to any accredited medical facility. In this case, the employer does not bear any responsibility for the preliminary conclusion of contracts with medical organizations and simply issues a referral to each employee for a medical examination. At the same time, the employee subsequently has the right to compensation for all costs associated with a medical examination from the employer directly. This method usually applied in small organizations where it is not possible to provide centralized labor protection measures.
Conclusion of an agreement on medical care for employees and medical examinations with a separate medical institution. If the organization assumes such a procedure for conducting a medical examination, then the employer concludes an agreement with a medical institution for conducting medical examinations. This approach can significantly reduce the overall costs of the employer with a large staff of employees, and also reduces the costs of the employees themselves - with such a centralized service, they do not need to confirm the costs of a medical examination, since it was initially paid by the employer. In addition, in these situations, medical examinations are often carried out without any queues and delays as soon as possible.
Exit medical examination. Some medical institutions offer services for medical examinations directly on the territory of the enterprise. This method allows minimizing the loss of actual labor time of employees for medical examinations, but in itself is much more costly for the enterprise.
Organization of own medical complex. With regard to periodic medical examinations, only accredited medical institutions or organizations that have their own departmental hospitals can organize their passage directly on the territory of the enterprise. This is due to the fact that there are a lot of requirements for the qualifications of doctors and the range of tests necessary for a medical examination, and it is quite difficult to provide such a large staff of medical specialists with all the necessary equipment. However, in the context of daily medical examinations, for example, for drivers or miners, it is enough for an enterprise to have a specially equipped medical office with one accredited worker, which is much easier than calling in doctors every day for a medical examination, or sending workers to a medical facility.

The direct procedure for organizing medical examinations may look something like this:

The employer fixes in the regulations of the enterprise the conditions and principles for the passage of medical examinations by employees. At the same time, it is recommended to allocate the specification by positions, age of employees, their departments and maximize the accuracy of issuing referrals. The employer also appoints a person responsible for labor protection, who may be entrusted with the obligation to store documentation related to the medical examination and maintain appropriate logs.
The employer establishes the conditions for confirming the fact of passing a medical examination by employees. They may include both the provision of a medical book for storage, if it is issued for employees, and the provision of only certificates of medical examinations, or copies of the aforementioned documents. In addition, the procedure for recording and storing the said documentation is established.
The person responsible for labor protection draws up a schedule for medical examinations. In this case, there may be two different key options for approaches. In one case, the person responsible for labor protection keeps records of the passage of medical examinations for each individual employee, issuing a referral to him when the next periodic medical examination is due. In another case, the enterprise establishes general schedules for medical examinations for individual departments or in general for all employees of the organization, which can significantly reduce the costs of time and documentary turnover associated with the said procedures.
If an employee is identified who refuses or for other reasons does not undergo a medical examination on time, the employer must remove him from the performance of labor duties, and if the suspension period exceeds four months, he has the right to dismiss such an employee.

If the employee did not pass the medical examination due to the fault of the employer, then the latter cannot dismiss the said employee, and for the entire period of suspension, the employee must be kept his average salary.

The employer should take into account many other nuances associated with the conduct of medical examinations. In particular, he can establish the procedure for passing medical examinations at strictly designated times and in certain medical institutions. Violation of this procedure by an employee, for example - passing a medical examination at the wrong time or in the wrong place, deprives the latter of the right to receive medical examination compensation, but does not invalidate its results - the employer is obliged to accept a medical examination certificate in any case if it is issued properly way in an accredited institution and in accordance with the list of doctors and tests necessary for passing.

Medical examination on the territory of the enterprise - is it possible, how to conduct

Separately, the possibility of conducting medical examinations at the enterprise should be considered directly. At the moment, many medical institutions offer the possibility of conducting medical examinations and taking tests on the territory of the organizations themselves, without the actual long separation of employees from work. This approach allows minimizing the costs associated with the absence of employees in the workplace, and also makes it possible to much more effectively control the inspection of all employees without exception.

Despite the fact that the cost of such services for conducting a medical examination on the territory of the organization, such a procedure has a number of advantages that can provide additional savings. So, as mentioned above, the time of separation of workers from the labor process in this case will be minimal. In addition, in any case, the employer is obliged to ensure that the time spent by employees on medical examinations is recorded and paid - and the acceleration of the entire procedure as a result can seriously affect the costs of the employer.

But the most relevant medical examinations on the territory of the organization are directly for those areas of activity where employees are required to undergo not only primary or periodic medical examinations, but also daily examinations. So, this applies primarily to drivers and employees employed in underground work. In this case, the employer can either organize his own office with the hiring of a full-time specialist who has the right to conduct medical examinations, or, again, resort to the services of third-party medical institutions.

They, in turn, can either organize an office for themselves on the territory of the enterprise or use the office offered by the employer, or use other methods of field medical examinations. For example, now cars are quite common with a ready-made office equipped in the back, which has everything necessary equipment for quick and convenient inspections on the territory of any enterprise.

All workers who by their kind professional activity are required to have a personal medical book, periodically must undergo medical examinations. The timing of medical examinations for employees different enterprises and institutions differ.

REGULATORY BASIS FOR PASSING MEDICAL EXAMINATIONS

The volume and frequency of medical examinations is regulated by the order of the Ministry of Health of the USSR dated September 29, 1989 No. 555 “On improving the system of medical examinations of workers and drivers of individual Vehicle”(As amended on 03/14/1996), and for residents of Moscow also by the Decree of the Government of Moscow dated 12/28/1999 No. 1228 “On mandatory preventive medical examinations and hygienic certification”. The procedure for conducting preliminary and periodic medical examinations of employees is determined by the order of the Ministry of Health and Medical Industry of the Russian Federation of March 14, 1996 No. 90 (as amended on February 6, 2001).

Employees can undergo a medical examination in any medical institution (hereinafter referred to as HCI) that has the appropriate license (professional suitability examination, preliminary and periodic examinations) and relevant specialists.

The results of preventive medical examinations are entered into the personal medical book (hereinafter referred to as the medical book) on the appropriate page using a standard stamp and are certified by the seal of the health facility. The stamp must contain the name of the health facility, type, date, number and result of the study, which are certified by the signature of the person responsible for its conduct. The stamp and seal must be legible. The results of examinations entered into the medical record by hand (without using a standard stamp) are not counted.

EMPLOYEES OF THE FOOD INDUSTRY, CATERING ENTERPRISES, FOOD TRADE

When applying for a job

for this category of workers include: examination by a therapist and fluorographic examination of the chest organs, examination of feces for helminthiases and protozooses, scraping for enterobiosis - 1 time per year; examination by a dermatovenereologist, blood test for syphilis, bacterioscopic examination for sexually transmitted diseases - 2 times a year.

Employees associated with the production, storage, transportation and sale of cream and confectionery products, upon admission to work, in addition to the above, undergo an examination by a dentist, an otolaryngologist and a study for the carriage of staphylococcus aureus (nasal swab), in the future - an examination by a dentist, an otolaryngologist 2 times a year.

Bacteriological examination for carriage of pathogens of intestinal infections, a blood test for typhoid fever, a smear examination for carriage of staphylococcus aureus are subsequently carried out only according to epidemiological indications.

Note.Financing of measures for the passage of preliminary, periodic medical examinations, hygienic training and certification of workers, and, consequently, payment for the registration of a medical book, art. 213 of the Labor Code of the Russian Federation are assigned to the employer. Therefore, even if a potential employee, having received a medical book paid for by the employer, does not subsequently conclude an employment contract with this organization, it is impossible to force him to work off the expenses incurred by the employer. The Labor Code does not provide for the possibility of recovering from a potential employee losses caused by the failure to conclude an employment contract.

RA WORKERS OF PRESCHOOL EDUCATIONAL INSTITUTIONS

When applying for a job the volume of preventive medical examinations is: examination by a therapist and dermatovenereologist, blood test for syphilis, bacterioscopic test for sexually transmitted diseases, fluorographic examination of the chest, test for the carriage of pathogens of intestinal infections, serological examination for typhoid fever, stool test for helminthiases and protozooses , scraping for enterobiasis.

Periodic medical checkups for this category of workers include: examination by a therapist and fluorographic examination of the chest organs, examination of feces for helminthiases and protozooses, scraping for enterobiosis - 1 time per year; examination by a dermatovenereologist, blood test for syphilis, bacterioscopic examination for sexually transmitted diseases - 4 times a year.

EMPLOYEES OF GENERAL EDUCATIONAL INSTITUTIONS, INSTITUTIONS OF PRIMARY AND SECONDARY VOCATIONAL EDUCATION

When applying for a job

Periodic medical checkups

DO EMPLOYEES NEED TO BE VACCINED?

All workers from among the decreed contingents must be vaccinated against diphtheria (vaccination is carried out once every 10 years). In addition, workers under the age of 35 who have not been ill, unvaccinated or vaccinated once must be vaccinated against measles.

Information about vaccinations is entered on the appropriate page of the medical book using a standard stamp containing the name of the health facility, the name and series of the vaccine, and the date of vaccination. The stamp is certified by the signature responsible person and the seal of LPU.

If there are temporary or permanent contraindications to vaccination, an entry about this is made by the general practitioner in the medical book.

If an employee has been vaccinated against these diseases or has suffered them, but does not have documentary evidence of this, he should donate blood to test for immunity to these infections. Based on the results of such an examination, the therapist makes a conclusion about the need for vaccination.

WORKERS OF PHARMACY INSTITUTIONS

When applying for a job the volume of preventive medical examinations is: an examination by a therapist and a dermatovenereologist, a blood test for syphilis, a bacterioscopic examination for sexually transmitted diseases, a fluorographic examination of the chest organs.

Periodic medical checkups include: examination by a therapist and dermatovenereologist, blood test for syphilis, bacterioscopic examination for sexually transmitted diseases, fluorographic examination of the chest organs - 1 time per year.

UTILITIES WORKERS (EXCEPT SWIMMING POOLS)

Periodic medical checkups include: examination by a therapist and fluorographic examination of the chest organs - 1 time per year; examination by a dermatovenereologist, blood test for syphilis, bacterioscopic examination for sexually transmitted diseases - 2 times a year.

POOL MANAGERS

Periodic medical checkups include: examination by a therapist and fluorographic examination of the chest, examination of feces for helminthiases and protozoosis, scraping for enterobiosis - 1 time per year; examination by a dermatovenereologist, blood test for syphilis, bacterioscopic examination for sexually transmitted diseases - 2 times a year.

note. Employees who carry out certain types activities, including those associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as those working in conditions of increased danger, undergo a mandatory psychiatric examination at least once every five years in the manner established by the Government of the Russian Federation.

EMPLOYEES OF ORGANIZATIONS OF NON-FOOD (INDUSTRIAL) TRADE, PASSENGER TRANSPORT

When applying for a job the volume of preventive medical examinations is: examination by a general practitioner, examination by a dermatovenereologist, blood test for syphilis, bacterioscopic examination for sexually transmitted diseases, fluorographic examination of the chest organs.

Periodic medical checkups for these workers include: examination by a therapist and dermatovenereologist, blood test for syphilis, bacterioscopic examination for sexually transmitted diseases, fluorographic examination of the chest organs - 1 time per year.

SCHEME OF THE ORGANIZATION OF MEDICAL EXAMINATIONS

Conclude an agreement with a medical institution.
Issue an order on the organization of the order and frequency of medical examinations.
Compile lists of names of persons to be sent for medical examinations.
Give staff referrals to a medical facility.
Obtain a conclusion from the employee, signed by a doctor and certified by the seal of a medical institution, with the result of a medical examination.

The employer must draw up a list of names of persons who are required to undergo a medical examination, as well as send the employee for a medical examination in a timely manner. Usually, the lists of employees are compiled jointly by an employee of the personnel department and a specialist in the labor protection service. And in the future, they control the timely passage of medical examinations.

Employees who have passed a preliminary or periodic medical examination and are found fit to work with harmful, hazardous substances and production factors are issued an appropriate conclusion signed by the attending physician and sealed by the health care facility.

If an employee has health problems and the medical commission has issued an appropriate conclusion, the employer, in accordance with Art. 73 of the Labor Code of the Russian Federation is obliged to transfer the employee to another job available in the organization that is not contraindicated for him for health reasons. If the employee does not agree to the transfer or the organization does not have a corresponding job, the employment contract is terminated under clause 8 of Art. 77 of the above code.

LETUCHIKH E. V., Head of the Department of Hygienic Training, FGUZ "Center for Hygiene and Epidemiology in Moscow", Ph.D.

Medical examination is procedure for detecting occupational diseases in an enterprise that is controlled by law and is of particular importance to both the employer and the employee. Medical examination reveals pathologies and diseases that the employees themselves could simply not notice.

Regular prophylaxis allows you to timely avoid the spread of infectious diseases in the enterprise, occupational diseases of workers, so periodic medical examinations at the enterprise are very useful.

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General concepts

The definition of a medical examination entered the legal field after a similar concept "medical examination" in 2006 (these amendments to the Federal Labor Code were legislatively introduced on June 30, 2006 (N90-FZ)), but its essence after these editions did not lose its original meaning.

The currently functioning federal law does not provide definitions for a medical examination, however, the origin of this combination of words, and in addition the essence of this event, make it possible to reveal its functional significance.

A medical examination is a professional examination of a patient by a health worker for diseases.

"Certification" means confirmed by examination patient health report, which includes all relevant outcomes of the primary survey.

The term "medical examination" is more clearly defined in Art. 65 of the Federal Law of November 21, 2011 N323-FZ and involves a set of measures for medical examination and examination aimed at actually confirming that the patient's health is in any legally significant condition.

More advanced medical examinations are periodic medical examinations with an extended list of medical experts participating in them and the methods of examination used.

Periodic medical examinations should be carried out in order to monitor the well-being of employees of the organization to detect in a timely manner infectious diseases at the enterprise.

Read about the initial medical examination when applying for a job in our article.

In addition, to promote preventive and rehabilitative actions of employees that contribute to the prevention of diseases, to warn of any episodes associated with illness or injury at work.

Permanent medical examinations are carried out during all stages of the work of employees with the employer at certain short intervals. The cyclicity of their implementation depends on the harmfulness of the production conditions, which have a great impact on the production worker.

There is a fairly clear definition of a medical examination (examination): it is set of medical and medical measures that establish and determine pathologies, diseases and the conditions for their occurrence and further development.

The medical examination is divided into several categories: preventive, preliminary, periodic, pre-shift / pre-trip, post-shift / post-trip.

Inspections can be conducted exclusively in the main working time, i.e. be built into the schedule, and be paid in the amount of the employee's regular salary (paragraph 11, part 2, article 212 of the Federal Labor Code).

Medical examinations are supervised by the municipal department of Rospotrebnadzor. Employers send a list of their employees available for medical examination to this supervisory authority, within ten days from the date of its adoption(clause 21, part III, Addendum N3 to Order N302n).

After the end of the medical examination, the medical organization, together with the regulatory authority, draws up a final document with the results of the examination, after which one sample is sent to the employer, and the rest to the regional office of Rospotrebnadzor and the local center of occupational pathology.

If during the medical examination the employee had found to have an occupational disease, then it must be confirmed by some licensed medical institution that has permission to carry out examinations and prove the relationship of specific diseases with specialties.

Who is required to undergo a medical examination at work and at whose expense?

After the order of the Ministry of Health and Social Development of the Russian Federation of April 12, 2011 N302n, from January 1, 2012, the principles that oblige all employers to carry out regular medical examinations and pay for them at their own expense.

But this only affects those situations in which the employees of the organization actually have problems, for example, with harmful production, or others difficult working conditions affecting the health of employees.

According with Order N302n mandatory examinations apply to employees employed in the educational sectors, healthcare sectors, the medical industry, in social sphere, in the construction industry, in the automotive industry, in the home service industry and other areas in which employees may be exposed to harmful conditions.

A scheduled medical examination in an organization is carried out for occupational diseases, and therefore pregnancy is not a subject for dispute in this case - pregnant employees undergo a routine check-up just like all other employees.

Regulations on conducting medical examinations in the organization

The regulation on conducting medical examinations is a document that is a normative act that determines the frequency and cyclicity of mandatory medical examinations at the enterprise.

AT this document not only scheduled, but also unscheduled inspections of employees in the organization are reflected. The document is being developed in accordance with current legislation, and in particular with special attention to the key requirements of the Federal Labor Code and orders of the Ministry of Health and Social Development. The document is drawn up in any form.

Sample Regulations on primary and periodic medical examinations download for free.

Frequency of inspections

Not so long ago, the frequency of medical examinations has changed. Until 01/01/12. there was a provision according to which inspections had to be repeated at intervals in no way at least once every 2 years.

But today, how often mandatory medical examinations should be carried out is displayed in Order N302n– various unhealthy working conditions, for various kinds labor for which these activities are carried out - annually or up to every 2 years(Additions N1, N2 to Order N302н).

Employees of the enterprise working in production who have not reached the age of 21 are required to undergo such medical examinations every year, in accordance with clause 17, part III of Appendix N3 to Order N302n.

However, the individual frequency of inspections for each individual enterprise depends from harmful working conditions. Periodic inspections are carried out when developing nominal lists, which indicate hazard factors, labor characteristics, etc. All this reflects the real state of affairs in the organization.

Article 219 of the Labor Code regulates legal relations in the field of extraordinary medical examinations.

An unscheduled medical examination is a type of medical examination that is not documented and not included in the relevant lists by the regulatory authorities.

An extraordinary medical examination can be carried out both at the request of an employee of the enterprise, and at the initiative of the employer, if he has suspicions of the employee's unsuitability.

One of the options for periodic medical examination is pre-shift / pre-trip inspection, held before the work day / shift / flight of the driver, to reveal the possible impact of harmful and unsafe for the work of the enterprise, probable working conditions, conditions or diseases that interfere with the implementation of labor obligations.

Including the establishment of intoxication, if any, from alcoholic beverages, drug intoxication, as well as other toxic types of intoxication (Article 46 of the Law of the Russian Federation of November 21, 2011 N323-FZ).

Inspection is carried out at the beginning of each working day by a responsible employee. Periodic medical examination for drivers is carried out once every 2 years. The procedure for passing a medical examination of drivers is regulated by Order of the Ministry of Health of Russia dated June 15, 2015 N 344n.

Carrying out algorithm

An approximate algorithm for conducting a medical examination looks something like this:

The examination is carried out in a medical institution and is considered fully completed only after a complete visit to all doctors and passing all general laboratory tests.

Also, after the completion of all procedures, the client a conclusion is issued which he then passes on to his employer. The second copy remains forever in the medical facility and is pasted into the patient's medical record.

Employees of the enterprise who have not identified any pathologies that interfere with normal work receive a special conclusion from the medical board.

If any diseases were found in the employee, then they are also reflected in the conclusion, and then this employee there can be two ways out - it can either completely stop labor Relations with this organization, that is, simply quit or transfer to another position in the same organization.

The employer must offer alternative job, work on which does not contradict the medical indicators of this employee, in accordance with part 1 of article 73 of the Federal Labor Code.

List of medical specialists

The chairman of the medical commission may be appointed occupational pathologist, and the composition of the medical commission must include doctors-specialists-occupational pathologists who have passed the appropriate advanced training processes in their immediate specialty (paragraph 5, part I of Addendum N3 to Order N302n).

For all types of employees eligible for mandatory medical examinations, examinations by psychiatrists and narcologists are also inevitable (in accordance with reference N3 to Supplement N1 to Order N302n).

Who should be responsible for late medical examinations?

For regular medical check-ups the employer is responsible. This affects those types of workers that are specified in the current federal labor law(in accordance with paragraph 11, part 2, article 212 of the Federal Labor Code).

The employee is only required to pass scheduled checkups- this provision is fixed by article 214 of the Federal Labor Code, according to which employees are required to undergo mandatory periodic medical examinations by order of their direct management.

This requirement in some cases can be localized by mutual agreement within the company, all parties should be aware of the availability of such medical examinations when signing a collective act.

If an employee does not pass a periodic medical examination, what should I do? If the employee does not agree to conduct an inspection, the enterprise may temporarily remove him from his position or somehow remove him from work, in accordance with Article 76 of the Federal Labor Code.

During the period when the employee is suspended from work, the salary is not transferred to the employee, except for certain exceptional situations in accordance with Article 76 of the Labor Code.

This time period is not included in the length of service, which provides the opportunity for annual paid leave (Article 121 of the Labor Code).

If, under the specific conditions set, the employer acts as the initiator and culprit of the conflict, then the period of suspension of the employee is determined as a simple (according to article 157 of the Labor Code).

Penalty for not passing a periodic medical examination

The amount of fines has now increased significantly, and the attention of regulatory authorities to violations related to the organization and conduct of medical examinations has greatly increased in recent years.

To date, the penalties for officials for refusing a medical examination is 15-25 thousand rubles, for organizations - 110-130 thousand rubles(in accordance with part 3 of article 5.27.1 of the Federal Code of Administrative Offenses).

And at the same time, officials of regulatory authorities have the right, when compiling an accounting picture, to calculate all employees of the organization who did not visit doctors, which will eventually result in fines with multiple figures. This penalty is imposed on the entire company and try to there is no point in challenging it in court.

For example, in one of these cases, the employee argued that medical examinations were missed by the fact that the assessment of working conditions at the workplace (i.e. attestation) did not show any problems, and this saved the company's management from the need for constant medical checks.

The court did not accept this argument, t.to. the company belonged to the category of catering enterprises, and employees of such enterprises are subject to regular checks in accordance with part 2 of article 203 of the Federal Labor Code of January 2, 2000, article 23 of the fed. Law No. 29-FZ and clause 15.1 of SP 2.3.6. 1079–01.

As a result, the judgment the activity of the enterprise was suspended.

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