Which employees should undergo periodic medical examinations. How to arrange medical examinations for employees. Algorithm for organizing and conducting a medical examination

And once again about the medical examinations of employees. What is it for and how to do it right

Organization of a medical examination

The employer is obliged to organize medical examinations of employees by concluding an appropriate agreement with a medical institution (clause 6 . At the same time, the medical institution must have a license for medical activities (clause 46, part 1, article 12 of the Law of May 4, 2011 No. 99-FZ).

Also, the employer has the right to appoint medical workers to the staff and create subdivisions (doctor's office, health center, medical office, medical unit and other units) providing medical care to employees of the organization, and can conduct medical examinations (for example, pre-trip) in their own first-aid post, provided that the first-aid post has a license for medical activities and the right to conduct preliminary and periodic medical examinations (paragraph 4 of Art. 24 of the Law of November 21, 2011 No. 323-FZ, p. 46 h. 1 art. 12 of the Law of May 4, 2011 No. 99-FZ, Procedure approved by the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n) .

Types of medical examinations

Mandatory medical examinations are divided into three types:

• preliminary;
• periodic;
• extraordinary.

Such a classification is provided for by the provisions of part 1 of article 213 Labor Code of the Russian Federation and paragraphs 1, 18 of the Procedure approved by the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

In addition, for certain categories employees may be provided with mandatory medical examinations (examinations) at the beginning of the working day (shift), as well as during and (or) at the end of the working day (shift). The time for passing such medical examinations (examinations) is included in working time. This procedure is provided for by part 3 of article 213 of the Labor Code of the Russian Federation. In particular, such medical examinations are required to pass:

• employees engaged in underground work (Article 330.3 of the Labor Code of the Russian Federation);
• drivers (Articles 20, 23 of the Law of December 10, 1995 No. 196-FZ).

Preliminary medical examination

Preliminary examinations upon employment are carried out at the expense of the employer (paragraph 12, part 2, article 212 of the Labor Code of the Russian Federation). Their goal is to conclude employment contract determine whether a candidate can apply for a particular position for health reasons.

If the preliminary medical examination is carried out in a medical institution, the candidate must be given a referral. In the direction given to the applicant for a position in hazardous (dangerous) work, indicate the harmful (dangerous) production factors that the employee will encounter after employment at vacant position. In addition, in the direction indicate:

• the name of the employer;
• form of ownership and type economic activity organizations according to OKVED;
• Name medical organization, the actual address of its location and code according to the OGRN;
• type of medical examination (preliminary);
• surname, name, patronymic, date of birth of the applicant;
• Name structural unit 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 under the signature. The employer must organize the accounting of issued referrals.

Such requirements are contained in paragraphs 7, 8 of the Procedure approved by the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n. Due to the current lack of a unified referral form, the organization has the right to develop it independently.

Periodic medical examination

Periodic mandatory medical examinations are carried out during the entire period of work of an employee in an organization with a specified duration at the expense of the employer (paragraph 12, part 2, article 212 of the Labor Code of the Russian Federation). Their goal is to monitor the health status of employees and timely detection of occupational diseases.

To conduct periodic medical examinations, the organization forms a list of employees who:

• are exposed to harmful production factors specified in the list approved by the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n . Also, harmful factors are determined by the results special evaluation working conditions (attestation of workplaces) and in the course of laboratory research and testing;
• carry out work according to the list approved by the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

This procedure is provided for by paragraph 19 of the Procedure, approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

Send the approved list to the territorial body of Rospotrebnadzor within 10 days (clause 21 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n) .

Based on this list, make a list of names of employees who need to undergo periodic inspection. If a medical examination is carried out in relation to employees engaged in hazardous (hazardous) work, it must indicate the harmful (dangerous) production factors that affect employees.

The list of names of employees is sent to the medical organization no later than two months before the start date of the periodic medical examination agreed with this organization (clause 23 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n) .

Having received a 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 25 and 26 of the Procedure approved by the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n .

Give the employee a referral before the periodic medical examination. It is issued in the same manner as during preliminary medical examinations (clause 24 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n) .

Frequency of 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. At the same time, periodic inspections are carried out at least within the time limits specified in the list of factors and the list of works (clauses 15 and 16 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n). Employees under the age of 18, as well as employees aged 18 to 21, employed in work with harmful (dangerous) working conditions, as well as work related to traffic, in any case, must undergo periodic medical examinations annually (Article 266 and 213 of the Labor Code of the Russian Federation, clause 17 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n).

For other categories of employees, a different frequency of medical examinations may be established. So, carry out periodic medical examinations of athletes, employees of departmental security at least once a year (Article 348.3 of the Labor Code of the Russian Federation, Article 6 of the Law of April 14, 1999 No. 77-FZ).

Extraordinary medical examinations

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 act of the medical examination. In the direction for a medical examination, it is imperative to indicate the reason for the extraordinary examination. This is stated in articles 213 and 348.3 of the Labor Code of the Russian Federation and paragraph 18 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

Registration of inspection results

Information about the preliminary and periodic mandatory medical examinations carried out must be provided to the FSS of Russia (subparagraph 18, paragraph 2, article 17 of the Law of July 24, 1998 No. 125-FZ). Based on these data, the FSS of Russia will set the organization a discount or surcharge to 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 the Rules approved by the Decree of the Government of the Russian Federation of May 30, 2012 No. 524 and the order of the Ministry of Health and Social Development of Russia of April 12, 2011 No. 302n. If in 2010 there were fatal accidents in the organization (with the exception of accidents due to the fault of third parties), then in 2012 the employer will not be provided with a discount to the insurance rate (clause 3 of the Decree of the Government of the Russian Federation dated May 30, 2012 No. 524 ).

An employee who has not passed a mandatory medical examination cannot be allowed to work (paragraph 13, part 2, article 212, paragraph 4, part 1, article 76 of the Labor Code of the Russian Federation). The results of such an inspection are mandatory for making a decision on the possibility of admission to work. Such explanations are also given by the courts (see, for example, the appeal ruling of the Krasnoyarsk Regional Court dated September 25, 2013 No. 33-9143/2013).

There are clarifications on the issue of passing medical examinations by Nina Kovyazina, Deputy Director of the Department medical education and personnel policy in healthcare of the Ministry of Health Russia

« Employees performing certain types of work undergo mandatory medical examinations at the expense of the organization. This category of personnel includes, in particular:

• employees employed in work with harmful or dangerous working conditions, including underground work (Articles 213, 330.3 of the Labor Code of the Russian Federation);
• employees engaged in work related to traffic, including drivers (Articles 213 and 328 of the Labor Code of the Russian Federation, Article 23 of the Law of December 10, 1995 No. 196-FZ);
• enterprise employees Food Industry, public catering and trade, water supply facilities, medical and preventive and children's institutions (Article 213 of the Labor Code of the Russian Federation);
• employees of departmental security (Article 6 of the Law of April 14, 1999 No. 77-FZ).

Lists of harmfuland dangerousproduction factors and work requiring mandatory medical examinations, is given in appendices 1 and 2 to the order of the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n. Vm Naturally, if as a result 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 is 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. They should be guided by organizations that fall under the scope of 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 employed:

• in public utility organizations providing hairdressing and cosmetic services (clause 9.29 SanPiN 2.1.2.2631-10, approved by the Decree 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 the Decree of the Chief Sanitary Doctor of Russia dated June 11, 2003 No. 141);
• in organizations Catering(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 No. 31);
• at work related to the maintenance of electric power facilities (Procedure approved by order of the Ministry of Energy of Russia dated August 31, 2011 No. 390);
• on public railway transport (Procedure approved by order of the Ministry of Transport of Russia dated July 16, 2010 No. 154).

Employees under the age of 18 and professional athletes also 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 employed in work with harmful (dangerous) production factors is given in annex 3toOrder of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n . Rules for the medical examination of drivers are established in 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 there are no special rules for medical examination, these documents can also be applied.

A medical examination associated with work in hazardous (harmful) working conditions should be distinguished from a preventive examination conducted for the purpose of timely detection of pathological conditions and diseases in medical institutions where citizens receive primary health care. Carrying out a preventive examination of the adult population is not associated with a mandatory medical examination and does not replace it. Moreover, employees who are required to undergo mandatory examinations in accordance with Article 213 of the Labor Code of the Russian Federation are not subject to preventive examinations. Such rules are established by paragraphs 1-3 of the Procedure approved by the order of the Ministry of Health of Russia dated December 6, 2012 No. 1011n.”

What questions may arise during medical examinations?

How can an employer, when moving an employee to another job, find out if he has contraindications for health reasons

When an employee moves, the nature of the work performed by him does not change (part 3 of article 72.1 of the Labor Code of the Russian Federation). Therefore, in general case there are no medical contraindications to work in a new place.

If new workplace, where they want to move an employee, has features and, in particular, according tothe results of a special assessment of working conditions (attestation)provides for a mandatory medical examination, send the employee for examination ingeneral order. If denied, remove from work for the entire period until the employee passes the examination ( Art. 76 of the Labor Code of the Russian Federation).

If a medical examination is not provided for at a new place and the employer is not officially notified that the employee has contraindications to work, specifically find out the presence of medical restrictions and the employer is not obliged to send the employee for a medical examination. The Labor Code of the Russian Federation does not establish such an obligation.

What responsibility is provided for the employee for the fact that he, having received personal medical book, resigned own will or did not work at all. The employer issued a personal medical book to 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)(Art. 213, 266 and 348.3 TC RF). And secondly, the termination of the employment contract of one's own free will is the voluntary expression of the will of the employee. Therefore, it is impossible to oblige an employee to pay the costs of obtaining a personal medical book. Similarly, 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.

What are the mandatory health checks for drivers?

Organizations carrying out activities related to the operation of vehicles are obliged to organize and conduct mandatory medical examinations drivers. The requirement to pass mandatory medical examinations of drivers also applies to individual entrepreneurs in case of self-management vehicles carrying out transportation.

Mandatory medical examinations for drivers include:

• preliminary medical examinationsthat are carried out in relation to persons hired as drivers of vehicles;
• periodic medical examinationswho spend during the entire time of work as a driver of a vehicle, but at least once every two years;
• pre-trip medical check-upswho spend at the beginning of the working day during the entire time of work as a driver of a vehicle, with the exception of drivers driving vehicles leaving on a call to emergency operational services;
• post-trip medical check-upswho spend at the end of the working day during the entire time of work as a driver of a vehicle, if such work is related to the transportation of passengers or dangerous goods.

This procedure is established in articles 20, 23 of the Law of December 10, 1995 No. 196-FZ. Similar explanations are contained in the letter of Roszdravnadzor dated March 12, 2014 No. 01I-271/14.

Attention: for violation of the procedure for conducting mandatory medical examinations of drivers, an organization and its officials may be fined (Article 11.32 of the Code of Administrative Offenses of the Russian Federation). In addition, administrative responsibility is provided for the admission to work of a driver who has not passed a mandatory medical examination (parts 3 and 5 of article 5.27.1 of the Code of Administrative Offenses of the Russian Federation).

Which department or person in the organization should arrange for periodic health check-ups?

The labor law does not provide special order to this account. Each organization must independently determine the person or department responsible for conducting periodic medical examinations, based on their needs and structure.

This is explained as follows.

The employer is obliged to organize periodic medical examinations for certain categories of employees. At the same time, the legislation does not specify which particular department or employee of the organization should directly deal with the issues of periodic medical examinations. In particular, it is not established who exactly should:

• draw up lists of employees subject to periodic medical examinations, as well as lists of names of such employees;
• familiarize employees with the schedule of medical examinations;
• provide employees with referrals for medical examinations.

Therefore, the employer must independently determine the department or employee who will be responsible for organizing periodic medical examinations in the organizationbased on your needs and structure. If the organization does not have a separate unit in the form of a first-aid post, then these functions can be assigned, for example, to a service or labor protection specialist.

This conclusion follows from the totality of the provisions of paragraph 12 of part 2 of article 212 of the Labor Code of the Russian Federation, paragraphs 21-26 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

Is it possible to send an employee for an extraordinary medical examination due to obvious signs of the disease and suspend him from work until the results of the examination

The answer to this question depends on the particular circumstances of the case.

The direction of an employee for an extraordinary medical examination in case of obvious signs of illness cannot be recognized as complying 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) team medical care inorganization (paragraph 15, part 2, article 212 of the Labor Code of the Russian Federation). AT in the future, the employer and employee must follow the instructions of doctors (health institutions).

As for the possibility of suspending an employee from work, in the general case, the Labor Code of the Russian Federation does not establish the possibility of suspension until the results of a medical examination are received. At the same time, separate by-laws still provide for cases when the employer has the right to remove an employee with signs of illness from work, for example, in public catering organizations (clause 13.5SP 2.3.6.1079-01.2.3.6 introduced inaction by the decision of the Chief State Sanitary Doctor of Russia dated November 8, 2001 No. 31). In addition, the removal of a sick person if the disease poses a threat of an accident, catastrophe or other disaster is possible within the framework of compliance with labor protection requirements (paragraph 5 of article 214 of the Labor Code of the Russian Federation,clause 8.3Recommendations approved by the Decree of the Ministry of Labor of Russia dated February 8, 2000 No. 14).

Do I need to pay the driver for the travel time to the place of the medical examination and back?

Yes, it is necessary, but only in relation to the pre-trip and post-trip medical examination.

The working time of an employee includes not only the time of direct performance of labor duties, but also other periods of time provided for by law (part 1 of article 91 of the Labor Code of the Russian Federation). So, during the working hours of employees-drivers include the time of travel from the workplace to the venuepre-trip and post-tripmedical examination and back (subparagraph “d”, paragraph 15 of the Regulations approved by order of the Ministry of Transport of Russia dated August 20, 2004 No. 15).

Thus, the travel time to the place of the pre-trip and post-trip medical examination and back should be included in the working hours of the driver and paid for in the general manner. If the travel time goes beyond the employee’s working hours, then in this case overtime work, which must be paid in an increased amount in accordance with the law, if the employee does not have an irregular working day.

Is it necessary to conduct mandatory medical examinations, including when hiring, of accountants, management personnel and other employees whose work is professionally related to the use of computers for more than 50 percent of working time

Yes need.

Employees of the organization must undergo mandatory preliminary (when applying for a job) and periodic (for persons under the age of 21 - annual) medical examinations to determine their suitability for performing assigned work and preventing occupational diseases (Articles 213, 266 of the Labor Code of the Russian Federation). These employees also include those who work at a computer for more than 50 percent of their working time (clause 13.1 of SanPiN 2.2.2 / 2.4.1340-03, approved by the Decree of the Chief State Sanitary Doctor of Russia dated June 3, 2003 No. 118).

When working with computers, there are factors that, according to the level of their impact, belong to harmful or dangerous classes in accordance with the current regulatory legal acts (clause 3.2.2.4 of Appendix 1 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n). Therefore, the obligation to conduct medical examinations for employees who spend more than half of their working time at a computer arises regardless of the results of workplace certification or a special assessment of working conditions.

Similar explanations are given by specialists of official departments in letters from the Ministry of Labor of Russia dated March 21, 2014 No. 15-2 / OOG-242, the Ministry of Finance of Russia dated August 7, 2007 No. 03-03-06 / 1/543.

Is it necessary to conduct a mandatory medical examination if an employee is hired for a short period of time for temporary substitution absent employee (for the period of illness, vacation, etc.). According to the position for which the employee is hired, a medical examination is provided

Yes need.

The need for a medical examination is caused by the presence of dangerous and (or) harmful factors and work in the labor process (applicationsNo. 1, 2 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n). Since such factors objectively exist for a temporarily occupied position, a temporary employee is subject to all medical examinations provided for by law in the general manner (Article 213 of the Labor Code of the Russian Federation). The term of the contract with the conscript does not matter.

Is it necessary to undergo a mandatory preliminary medical examination for an employee who is hired by 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 this employee medical practice or not. Such rules are established by clause 15.1.SanPiN 2.1.3.2630-10, approved by the Decree of the Chief State Sanitary Doctor of Russia dated May 18, 2010 No. 58. In addition, the obligation to undergo medical examinations by employees of medical institutions who are not doctors may be established by the authorities. local government for medical, epidemiological and other indications (part 5 of article 213 of the Labor Code of the Russian Federation).

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.

Is the employer obligated to reimburse the employee-driver for the medical examination required to obtain a driver's license

No, you don't have to, but you can do it at your own discretion.

Medical examination of drivers or candidate drivers, whichnecessary to obtain a driver's license, carried out at the expense of the driver himself (clause 5 of the Procedure approved by order of the Ministry of Health of Russia dated June 15, 2015 No. 344n). Based on the results of the examination, the driver is issued a certificate, namely a medical report on the presence or absence of contraindications to driving a vehicle (Appendix 2, approved by order of the Ministry of Health of Russia dated June 15, 2015 No. 344n). The presence of rights, and therefore the passage of a medical examination, is primarily in the interests of the employee himself, since this gives him the opportunity to work as a driver. This follows from the provisions of articles 65, 213 of the Labor Code of the Russian Federation.

Thus, the employer is not obliged to compensate the employee for the costs of the medical examination necessary to obtain rights. But he can do it at his own discretion. For example, the employer decided to transfer an employee to the position of a driver, whose duties require obtaining a driver's license of the corresponding category, and is ready to pay for training and registration of all required documents if the employee agrees to such a transfer.

How long is the driver's medical certificate of fitness to drive a vehicle valid?

A medical report on the presence or absence of contraindications for the driver to drive a vehicle is valid for one year from the date of its issue (clause 12 of the Procedure approved by order of the Ministry of Health of Russia dated June 15, 2015 No. 344n). At the same time, the legislation establishes cases when drivers need to undergo an extraordinary medical examination, even if the validity of the certificate has not yet expired.

These exceptional cases include:

• identification of the driver, following the results of a periodic medical examination, examination or treatment of diseases in which driving is contraindicated or limited;
• driver's license replacement expiration of its validity;
• return of a driver's license after the expiration of the period of deprivation of the right to drive vehicles, if the passage of a mandatory medical examination is required in accordance with the law;
• return of a driver's license after serving a sentence in the form of deprivation of the right to occupy certain positions or engage in certain activities when depriving an employee of the right to drive vehicles.

This is stated in paragraph 4 of the Procedure, approved by order of the Ministry of Health of Russia dated June 15, 2015 No. 344n.

Is the administration of a children's polyclinic (medical institution), when hiring an economist (administrative and managerial personnel), entitled to require a mandatory medical examination and (or) a medical book. When performing professional duties, the employee is not in direct contact with children

Yes, right.

Employees of medical institutions (including children's ones) must undergo preliminary medical examinations upon admission to work (Article 69, paragraph 1 of Article 34 of the Law of March 30, 1999 No. 52-FZ, part 2 of Article 2013 of the Labor Code RF, clause 15.1 SanPiN 2.1.3.2630-10, approved by the Decree of the Chief State Sanitary Doctor of Russia dated May 18, 2010 No. 58). At the same time, no exceptions are provided for employees who are not in direct contact with children (sick) are not provided.

Data on the passage of medical examinations are entered in a personal medical bookemployee (clause 5, article 34 of the Law of March 30, 1999 No. 52-FZ). Thus, when hiring, the administration may require the employee to undergo a medical examination or a medical book with data on its passage. An employee who refuses to undergo a medical examination should not be allowed to work (clause 4, article 34 of the Law of March 30, 1999 No. 52-FZ).

Order on approval of the plan for mandatory periodic medical examination

Suppose that in June, under an agreement with the district clinic, the organization will conduct a mandatory periodic medical examination of employees engaged in hazardous (hazardous) work.

After agreeing with the medical institution on the schedule of the medical examination, the headissues an order on approval of the plan for mandatory periodic medical examination.

The text of the order is arbitrary. For example,

LLC "Horns and Hooves" TIN ________________, KPP ____________________, OKPO ___________________ full name of the organization, identification codes (TIN, KPP, OKPO) ORDER No. ____ on the approval of the plan for mandatory periodic medical examination for 2016 Stargorod ___._____.2016 Based on Appendix 3 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n I ORDER: 1. Carry out a mandatory periodic medical examination of the employees of Horns and Hooves LLC, listed in the list of names of persons subject to periodic medical examinations in 2016 (Appendix 1 to the order), according to the following schedule: No. p / p Subdivisions The timing of the medical examination 1 Production June 4, 5 2 Quality control service June 7 3 Chief Engineer Service June 13 4 Administrative department June 17, 19 5 Accounting June 6 Employees who do not pass a medical examination within the specified time frame will: 1.1. Suspended from work from the working day following the last day of passing a medical examination for a division of the organization. 1.2. Brought to disciplinary responsibility in accordance with article 419 Labor Code of the Russian Federation and the Internal Labor Regulations of the organization. 1.3. During the period of suspension from work (non-admission to work), the employee’s salary will not be accrued (Article 76 of the Labor Code of the Russian Federation). 2. To the head of the personnel department Bukvoyedova A.A. send a copy of this order and name list to the head physician of the polyclinic Neizlechaev S.S. 3. Clerk Pisarchukova V.V. acquaint all employees with the order Forward

The procedure for passing a medical examination at the enterprise - a procedure established by law for the examination of an employee in order to determine his state of health and physical ability to perform assigned work. For which categories of workers passing medical examinations is mandatory, how all this is carried out, we will tell in this article.

Classification of medical examinations, the purpose of their passage by employees of the enterprise

When providing citizens with jobs, the employer is obliged to create and provide safe conditions work performed, as well as labor protection of employees (part 1 of article 212 of the Labor Code of the Russian Federation). In particular, at the expense of the enterprise’s budget, the manager is obliged to organize medical examinations, which are divided into the following types (paragraph 11, part 2, article 212 of the Labor Code of the Russian Federation):

1. Mandatory preliminary - are carried out when applying for a job.
2. Mandatory periodic - carried out in the process labor activity.
3. Extraordinary - organized on the basis of medical recommendations for a certain category of workers (part 1 of article 213 of the Labor Code of the Russian Federation), as well as on the initiative of the employees themselves (paragraph 11 of part 1 of article 219 of the Labor Code of the Russian Federation). As a rule, the need for an extraordinary medical examination arises in connection with the deterioration of the employee's well-being in the process of work.
4. Compulsory psychiatric - carried out by the employer (including at the request of the employee).
5. Other mandatory medical examinations: preventive (performed, for example, before vaccination), daily (for employees food production), pre- and post-trip (for transport drivers) and others.

The goals of medical examinations at the enterprise

The objectives of the mandatory preliminary and periodic medical examinations carried out at the enterprise are disclosed in Appendix No. 3 "Procedure for carrying out ..." (hereinafter referred to as the Procedure), approved. by order of the Ministry of Health and Social Development of the Russian Federation “On approval of lists ...” dated April 12, 2011 No. 302n (hereinafter - order No. 302n).

So, by virtue of part 2 of the Procedure, mandatory preliminary medical examinations are necessary:

• to establish the conformity of the physical or other condition of a person entering a job with the work function entrusted to him;
• detection of any diseases at an early stage of their development in order to successfully treat them (disease prevention).

By virtue of part 3 of the Procedure, periodic medical examinations are carried out in order to:

Examinations aimed at determining the mental health of an employee are mandatory if a person is admitted to activities that pose a danger or involve exposure to factors harmful to a person (part 7 of article 213 of the Labor Code of the Russian Federation). The purpose of this medical examination is to identify contraindications for performing this kind of work, a detailed listing of which contains a list of medical psychiatric contraindications, approved. Decree of the Government "On the implementation of the Law ..." dated April 28, 1993 No. 377.

Categories of employees for whom medical examinations are mandatory

In Art. 65 of the Labor Code of the Russian Federation provides for a list of documents that citizens applying for a job must present to the employer. There is no indication in the law that all potential employees must submit a certificate from a medical institution. Nevertheless, for certain categories of workers, passing medical examinations and presenting an appropriate conclusion is a prerequisite for employment.

These employees include:

• persons under the age of majority (Article 69 of the Labor Code of the Russian Federation);
• workers involved in labor on a rotational basis(Article 298 of the Labor Code of the Russian Federation);
• citizens employed in the regions of the Far North and areas equated to them (Article 324 of the Labor Code of the Russian Federation).

An exhaustive list of harmful and dangerous factors at work, as well as professions and types of labor activity, for which the passage of both preliminary and periodic medical examinations is mandatory, is contained in Annexes No. 1 “List of harmful ...” (hereinafter referred to as the List of factors) and No. 2 “ The list of works, when performing ... "(hereinafter - the List of works), approved. Order No. 302n.

Activities foreseen in the List of Works

In particular, jobs/professions for which medical examinations are mandatory include:

• related to being at a height or servicing lifting equipment (cranes, lifters, steeplejacks);
• produced in explosive industries;
• carried out in departments and services where the use of weapons is allowed (guards, collectors);
• produced on equipment with open moving structural elements (turners, millers);
• produced underground (mining engineers, miners);
• performed at food enterprises, food warehouses and bases associated with direct contact with food during their manufacture, storage and transportation (cooks, confectioners, sorters, packers);
• carried out in medical institutions of various types (doctors, nurses, orderlies);
• associated with school and preschool education children in organizations of all kinds (teachers, caregivers, child psychologists);
• aimed at providing household services(hairdressers, attendants, massage therapists);
• associated with the management of vehicles (drivers, machinists).

In addition to the above, the List of Works also contains other types of activities that, in the event of a physical or other illness of their performer, may pose a threat to the health and life of not only the employee himself, but also those around him.

Note: if an employee refuses to undergo a medical examination, which is mandatory for his profession, the employer does not have the right to allow him to perform a labor function (paragraph 12, part 2, article 212 of the Labor Code of the Russian Federation).

Don't know your rights?

The organization of medical examinations of employees is carried out in the following sequence ...

Before sending their employees for a preliminary or periodic medical examination, the employer must take a number of organizational actions:

1. Conclude an agreement on the provision of services with a medical organization. It should be noted that mandatory preliminary and periodic medical examinations are carried out within the walls of medical institutions that have permission to conduct such examinations (clause 4 of the Order). In this organization, a commission should be formed and operate on a permanent basis from among medical specialists who have a valid certificate in the specialization "Occupational pathology" (clause 5 of the Procedure).
2. Make a list of the contingent, which includes representatives of professions (positions) provided simultaneously staffing enterprises and the List of works. A list of harmful factors / conditions at work must also be compiled in accordance with the "List of factors" (clauses 19, 20 of the Order).
3. Send the contingent list no later than 10 days from the date of its approval by the head to the territorial body of Rospotrebnadzor for approval (clause 21 of the Procedure).
4. Based on the list of the contingent, draw up a list of names of employees for whom medical examinations are mandatory (clause 22 of the Procedure). The list approved by the head is sent to the medical institution 2 months before the date of the medical examination agreed by the parties (clause 23 of the Procedure).
5. Agree with the medical institution the last calendar plan drawn up, which must be developed within 10 days from the date of receipt of the list of names and at least 14 days before the medical examination (clause 25 of the Procedure).
6. Familiarize employees for whom the passage of a medical examination is mandatory with the agreed calendar plan 10 days before the examination (clause 26 of the Procedure).
7. Issue directions for examination based on the list of the contingent (clause 8 of the Procedure) and hand them over to employees before they undergo a medical examination (clause 24 of the Procedure).

In the event that the employer decides not to renew the contract with the medical institution, but to use the services of another organization, he must send a written request to transfer the medical records of employees according to the submitted inventory to a new medical institution (clause 36 of the Procedure).

The procedure for conducting mandatory preliminary and periodic medical examinations of employees in accordance with order No. 302n

The medical institution, on the basis of an agreement concluded with the employer, is responsible for the quality of the activities for the medical examination of employees, which the direct head of the enterprise is obliged to organize (clause 6 of the Procedure). Before applying to an authorized medical institution, the employee must receive a properly executed referral from the employer. Only on the basis of this document can a citizen undergo an examination at the expense of the employer - both when applying for a job and in the process of its implementation (clause 7 of the Procedure).

IMPORTANT! Mandatory medical examinations, including extraordinary ones, are carried out with the employee retaining the place of work and the average level wages for all the time spent on the examination (paragraph 11, part 2, article 212 of the Labor Code of the Russian Federation).

Passing preliminary medical examinations

The algorithm for passing an examination by an employee when visiting a medical organization provides for the following steps:

1. Presentation by the employee of the documents necessary for passing the inspection (clause 9 of the Procedure):
   • referrals from the employer;
   • passports;
   • health passports (if any);
   • conclusions of a psychiatric examination (in cases required by law).
2. Registration of documentation for the examined employee (clause 10 of the Procedure):
   • a medical record containing the conclusions of doctors, the results of laboratory tests and other studies, as well as the conclusions of previous examinations;
   • health passport (if it has not been issued earlier) - this document contains information about the medical institution, the employee and his employer, data on harmful factors at work and the time of working with them, and also duplicates the entries made in the medical record.
3. Examination of the employee by specialist doctors and the performance of all necessary studies provided for by the List of Factors and the List of Works for a specific category of employees (clause 11 of the Procedure).
4. Drawing up a conclusion based on the results of a medical examination of an employee (clause 12 of the Procedure). The document is drawn up in 2 copies, signed by the chairman of the medical commission, certified by the seal of the medical institution and handed over to the citizen (clauses 13, 14 of the Order).

Passing periodic medical examinations

In the course of the labor activity of employees, the employer is obliged to conduct regular periodic examinations within the time limits stipulated by the List of Factors and the List of Works (paragraphs 15-16 of the Procedure). At the same time, the Procedure determines such terms only for employees under the age of 21, who are examined annually (clause 17 of the Procedure).

Periodic medical examinations are carried out, as a rule, in large numbers, on the basis of lists compiled by the employer indicating the type of work performed by employees and transferring negative factors production (clause 19 of the Order).

The procedure for the periodic review is as follows:

1. An employee visits a medical facility on the day indicated in the calendar plan and presents a medical card and a health passport (clause 28 of the Procedure). In the event that the employee does not have these documents, they are drawn up at this stage (clause 29 of the Procedure).
2. Examination of the employee by all medical specialists, as well as carrying out laboratory and other studies provided for this category of employees when working in adverse conditions specified in the List of Works and the List of Factors (clause 30 of the Procedure).
3. Drawing up a medical report (clause 31 of the Order).

Based on the results of the survey, the employee is assigned a dispensary group number. The medical record of the examined employee indicates the measures recommended for the prevention of possible occupational diseases, and if they are detected, for treatment and further rehabilitation (clause 32 of the Order).

In the event that the doctors of a medical institution, based on the results of a medical examination, have suspicions that an employee has an occupational disease, he should be sent to an occupational pathology center or another organization authorized to conduct an examination and establish a connection between the profession and the disease. In addition, the medical institution is obliged to notify the territorial body of Rospotrebnadzor about this (clause 40 of the Procedure). If it is difficult to make a diagnosis, the employee is also sent to the above-mentioned center for additional examination (a. 41 of the Order).

Final act on the results of a periodic medical examination

Within a month after the completion of the periodic medical examination (but no later than 30 days later), the medical institution summarizes the results of the examination of employees and, together with the territorial body of Rospotrebnadzor, draws up the final act (clause 42 of the Procedure). The act contains comprehensive information about the periodic medical examination carried out, a list of which is contained in clause 43 of the Procedure. The document is signed by the chairman of the commission of medical specialists and certified by the seal of the medical institution (paragraph 44 of the order).

The final act is drawn up in 4 copies, 3 of which are sent to:

• employer
• to the center of occupational pathology of the subject of the Russian Federation, on the territory of which the medical examination was carried out;
• to the territorial body of Rospotrebnadzor.

The fourth copy of the act is subject to mandatory storage in the medical institution that conducted the medical examination for 50 years (clause 45 of the Procedure).

Let's summarize. The employer must, at his own expense, arrange for employees to undergo mandatory medical examinations if the work they perform is accompanied by exposure to factors harmful to health and is contained in the List of Factors and the List of Works. At the same time, the law defines an exhaustive list of categories of workers who need to obtain a medical certificate not only during the period of work, but also during employment.

The head of the enterprise, before obliging an employee to undergo an examination, must take a number of organizational actions and carry out preparatory measures together with a medical institution that performs examinations of workers. The employee is obliged, on the basis of the received referral, to visit the medical facility on the day specified in it and undergo an examination, otherwise he will not be allowed to work. For the period of mandatory medical examinations, the employer must not only retain the employee's position, but also pay for this time in the amount of average earnings.

Regardless of the status of an organization or enterprise (public or private), they must periodically undergo a medical examination. Medical Center "Nadezhda" provides qualified services in organizing and conducting medical examinations of all kinds.

The essence and purpose of the

The purpose of the event is to confirm the qualification level of the employee. In addition, representatives of the institution conducting the inspection should identify potential hazards that may be provoked by unsuitable persons. Periodic examination by specialists is mandatory for all employees upon reaching the age of 21.

It is known that human health can change under the influence of external factors. The results of the previous examination may not be relevant in six months, since health is a dynamic and constantly changing value. The task of professional examinations is to identify changes in the state of personnel that could provoke working conditions or other production factors.

Thus, periodic professional examination is good way minimize the risk of specific diseases. Thus, the working capacity of citizens is preserved, and the management is encouraged to eliminate negative factors that adversely affect the health of employees.

Regulatory basis for inspection by order 302

A complete list of potentially adverse factors is specified in Order No. 302 of 2011 by the Ministry of Health.

It installs:

• The frequency of medical examinations. Moreover, the Order specifies their behavior for certain categories of employees.
• A complete list of doctors of narrow specializations, whose participation is mandatory.
• The nature of the medical studies (functional or laboratory) that are required.

The list of contraindications for certain types of work is an addition to the main contraindications. A timely medical examination may detect the development occupational diseases someone from the staff of the institution or enterprise.

Pre-shift control

Periodic also include preliminary (before employment) and pre-shift examinations. Almost daily before work, employees whose activities are fraught with all sorts of risks are subject to medical examination.

For example, drivers involved in the transportation of people or dangerous goods are subject to pre-trip or pre-shift control. The professional requirement of this category of employees is increased attentiveness. The aptitude of drivers must be documented before each trip. Moreover, the law provides for the detection of not only alcohol in the blood of drivers, but also other diseases that can provoke distracted attention.

In addition, pre-shift periodic control should be carried out in order to detect:

• drugs in the body;
• residual symptoms of alcohol use;
• overwork;
• use of illegal drugs.

According to the results of the pre-shift control, the driver is allowed or not allowed to work.

Rules for conducting an inspection by order 302

This event is carried out according to a certain algorithm. First of all, management must create a list of employees subject to periodic medical examinations. After that, the created list is submitted to the regional Rospotrebnadzor.

Further management actions include:

• Conclusion of an Agreement with the clinic for periodic examinations. At this stage, systematic and mandatory coordination is carried out.
• Signing an order for a mandatory periodic medical examination.
• Bringing this order to the staff. Issuance of referrals for medical examinations to workers.
• Act preparation medical reports following the results of the inspection.
• Transfer of the act to the management.

The advantage of applying for this service to the clinic "Nadezhda" was the possibility of conducting examinations on the basis of the clinic. In addition, inspection of personnel at the facility is allowed if there are certain conditions for the work of doctors. To do this, a separate office must be allocated in an institution or in production at the time indicated in the drawn up Agreement.

Medical examination is a mandatory procedure for any state or commercial organizations, as well as enterprises that transport people or goods or are engaged in dangerous production activities. This procedure is performed by a qualified medical professional.

Types of inspections

It is carried out in order to establish whether a person entering a job can fully fulfill his production duties. There are certain professions for which such a check is mandatory, that is, prescribed at the legislative level. In other cases, it is carried out in order to weed out unsuitable candidates for work.

Periodic Inspection

It is carried out so that the physician can timely identify the diseases of the employee, which can harm others or make him unsuitable for performing certain production tasks. Persons under the age of 21 are required to undergo such a procedure once a year.

Extraordinary examination

Such an examination is carried out at the request of the employee himself, if he feels changes in his health, feels unwell, or wants his illness to be examined in order to receive a sick leave.

Purposes of Periodic Medical Examination

Periodic medical examination is carried out for the following purposes:

• Dynamic observation - this procedure allows you to track the dynamics of changes in the health status of workers. Necessary in order to identify the initial forms of occupational diseases or their impact on employees.
• Identification of common diseases - if there are medical contraindications for any work, then a periodic examination will allow timely identification of such an ailment and temporarily suspend the employee from performing his duties.
• Prevention and rehabilitation - are the result of monitoring the dynamics of health. If a doctor detects deviations from the norm or the formation of occupational diseases, he can prescribe a course of treatment and rehabilitation, as well as recommend measures to improve the health of employees (for example, write a referral to a sanatorium or recommend an extraordinary vacation).

The frequency of passage depends on the risk group of employees, as well as on the danger of the production tasks they perform. For example, bus drivers, train drivers or crane operators pass them every day.

What is the order of passage

Passing a medical examination involves the following list of actions:

• creation of a list of persons who are required to undergo a medical examination - this list is sent to the district Rospotrebnadzor;
• concluding a contract for examination with our clinic and agreeing on its frequency and timing;
• drawing up and signing by the management of an order for a medical examination;
• acquaintance with the signed document of all employees;
• each employee is given a referral for a medical examination;
• collection of medical reports with results certified by a seal;
• drawing up and issuance of the final act by our clinic.

A periodic medical examination can be carried out both at the Nadezhda clinic, if the organization’s employees are transported to us or arrive on time, or at the customer’s facility. In the latter case, the customer needs to equip a medical office at his enterprise or allocate a clean, bright and spacious room for the duration of the medical examination.

Inspection by order 302

Nadezhda Medical Center provides services for medical examinations as part of Order 302 of the Ministry of Health of 2011. At a high professional level and in compliance with all the terms of the contract, our specialists conduct a medical examination of the personnel on the basis of the clinic or on the territory of the facility.

Types of medical examinations

The organization of medical examinations is the responsibility of the employer. The personnel department of any institution or production is liable for failure to comply with order 302.

Types of medical examinations:

• Preliminary. Practice before the employee goes to work. It is carried out in order to determine its professional suitability. This type of inspection can be carried out at the initiative of the employer, but in some cases it is mandatory (for example, at food industry enterprises).
• Periodic. It is held at least once a year. Its purpose is to identify the dynamics of personnel health and timely eliminate the causes of the deterioration of the overall picture. Periodic inspections guarantee strict control over the observance of decent working conditions in hazardous industries.
• Pre-shift. At enterprises related to the transportation of people, a professional examination by order is mandatory. It is carried out to detect alcohol, narcotic drugs, illegal drugs in the blood of the driver. In addition, pre-shift daily control determines the level of driver fatigue and the so-called hangover syndrome.

Who needs a 302 inspection?

A medical examination under order 302 is mandatory, first of all, for applicants for a new position under the age of 18.

In addition, the following categories of employees are subject to mandatory inspection:

• under the age of 21;
• performers professional duties in potentially dangerous or especially difficult work;
• employees of security structures;
• employees of children's institutions (schools, kindergartens, studios, sports clubs, creative unions);
• workers transport companies(road and rail);
• workers in the food industry and catering;
• personnel of medical institutions.

In addition, employees of plumbing systems are also subject to medical examination. Disability or dishonesty of this category of employees can lead to infection of the entire system, which is a danger to society.

Finally, periodic medical examinations are mandatory for professional athletes.

Responsibilities of the personnel department

All activities provided for by order 302 are carried out according to certain rules. The specifics of the work of personnel officers lies in the observance of the intra-company procedure, which contributes to the conduct of a high-quality medical examination.

Action algorithm personnel service includes:

Providing staff with a sample order. The document must be certified by the signature of each employee.

Drawing up a complete list of employees subject to medical examination. It is important that this document be prepared in duplicate. One remains at the enterprise, and the second is presented to Rospotrebnadzor. For this document, the presence is required: full name, position indication, indication of a potentially hazardous production factor.

Development calendar plan, which stipulates the timing of inspections (it is important that the start of events is brought to employees 10 days in advance against signature).

Representatives of the personnel service are required to register each direction issued in a special register. In this case, the use of self-made forms is not allowed. Each form is subject to approval by the employer.

All analytics on the inspection, according to the order, should be stored in the outpatient card in the clinic. At the same time, the Health Passport is issued directly to the employee.

In addition, each employee who has passed the inspection receives a certificate, which he is subsequently obliged to present to his management at the enterprise or institution. This certificate must include a certificate of professional suitability, certified not only by the doctor's signature, but also by the seal of the medical institution.

Ministry of Health and social development The Russian Federation issued an order number 302 in 2011. This document sets out the requirements and norms according to which the employer is obliged to conduct a periodic medical examination of his employees.

Inspection by order 302 - the purpose of the

The Ministry of Health and Social Development distinguishes the following types of medical examination:

The purpose of this procedure is to examine the health status of the applicant - whether he is able to fulfill his official duties. For some professions, such a medical examination is mandatory, these include:

• control of complex mechanisms or devices that can harm a person, others and production;
• work in hazardous conditions;
• vehicle management;
• work in catering establishments or in the food industry;
• work in medical, children's and educational institutions.

It is carried out in order to identify the early stages of diseases or conditions of the body that may pose a danger to both the employee and the people around him, and make him unsuitable for performing a certain type of work. It is also necessary to track the dynamics of changes in health in order to protect employees from the occurrence and development of occupational diseases.

It is worth noting that people under the age of 21 are required to undergo such checks at least once a year, and best of all once every six months.

Extraordinary inspection

If an employee feels a change in his state of health or malaise, he may request an extraordinary examination, which will reveal the presence or absence of ordinary or occupational diseases.

Who is required to undergo a periodic inspection by order 302

The legislation defines the list of people who must undergo a periodic medical examination without fail:

• people doing high-altitude work;
• employees of catering establishments;
• teachers and employees of educational and medical institutions;
• employees of beauty salons, cosmetology and sanitary facilities (such as saunas, hairdressers, etc.);
• pharmacists;
• cleaners;
• employees of water supply systems;
• employees of hazardous and unhealthy industries;
• employees of poultry farms and livestock enterprises.

This also applies to persons under the age of 21.

The order of the procedure

You can learn more about the procedure for the procedure, the requirements for the frequency and methods of conducting a medical examination from the relevant documents. It is necessary to look for such information in the Labor Code of the Russian Federation on pages: 212, 213, 226.

It is also worth noting that organizations that allowed employees to go to work without mandatory verification (if their profession falls under mandatory requirements) are heavily fined. The bigger entrepreneurial activity and the more serious the status of the person whose employee violated the law, the greater the amount of the fine.

Who conducts the medical examination

Order 302 Medical Examination Can Be Performed by Practitioners medical workers and organizations hired for this purpose. For this, a contract for the provision of such services is concluded between the medical institution and the customer. These are the specialists you will find in the medical center "Nadezhda".

Carrying out an annual medical examination of employees is a requirement of the law, and if it is not met, this may lead to adverse situations for the employer. How to organize a medical examination and comply with the requirements of the law? This article will describe all the nuances of organizing and passing this event.

An examination of an employee by medical specialists is necessary:

1. Before employment. The fact is that the employer must be sure that, for health reasons, the employee corresponds to the position held and can perform the work entrusted to him. It turns out that the conclusion that a citizen has undergone a medical examination for the first time indicates that he is healthy.
2. During the period of work at the enterprise. An employee is busy performing a particular activity and at the same time comes into contact with hazardous production factors, that is, he may get a deterioration in his health. In this regard, a periodical examination is organized in order to monitor the dynamics of his health.

What is the need for an annual medical examination

Medical examinations are organized on the basis of the requirements of the order of the Ministry of Health issued in 2012. And the main provisions on the conduct of a medical examination are contained in labor law, 212 article of the Labor Code.

In general, it turns out that the employer is obliged to organize a medical examination at the enterprise.

In each organizational structure the event must be organized annually, but it is not a fact that the employee must undergo a medical examination every year.

Should focus on normative act- an order of the Ministry of Health, which states how often for a particular profession or when working with harmful factors it is necessary to undergo a medical examination. For example, when working at height, it is necessary to undergo inspections once a year, and when working with a PC, once every two years.

Fundamentals of organizing a professional examination

Examination of employees by medical specialists is an event that requires not only the efforts of the employer, but also the cost of funds. According to legislative framework payment for such services is carried out by the enterprise and there should be no talk of payment by employees. Even if a specialist sends for an additional examination, it should be free of charge for the employee.

Some workers turn to private clinics to have their tests positive, although this is extremely wrong. This point should be closely monitored. responsible person. And also the employees themselves need to inform the management that they are being sent for paid additional examinations so that the latter can stop these illegal actions in a timely manner.

Watch the following video about periodic medical examinations:

How to organize the passage of workers? This question arises before many leaders. The recommended sequence for organizing the passage can be set in the following order:

• develop an appropriate Regulation or standard of the enterprise on passing a medical examination;
• conclude contracts with medical institutions that have the right to conduct this event;
• annually issue orders for the passage of professional examinations;
• supervise the conduct of the event by responsible persons;
• on the basis of acts from medical institutions, issue administrative documents on the implementation of the recommendations of specialists.

Now let's take a closer look at each item.

In order to organize the passage of a medical examination in the organizational structure, it is necessary to be guided by a single document. To do this, it is proposed to develop and approve the Regulations by order.

Information contained in the document:

Main sections	Description
General provisions	In this paragraph, it is recommended to reflect the purpose of developing the provision and indicate the list of normative and legislative acts on the basis of which it is being developed. The goal is to ensure the requirements of the legislation, and the documents are the Labor Code of the Russian Federation and the order of the Ministry of Health.
Basic provisions	They should fix the procedure for organizing and passing a medical examination, namely: who concludes contracts with medical institutions, how the examination is organized, for example, specialists come directly to the organization or employees are sent to the clinic. How additional examinations are carried out, including at whose expense these activities are carried out.
A responsibility	If the medical examination is not passed or not properly organized, what consequences follow from this and how the person responsible is punished.

The draft documents are prepared by the service, coordinated with the primary trade union organization and the legal department. All employees without exception are familiarized with the situation.

How to submit lists of employees for a medical examination

It is important to timely submit lists of all employees for a medical examination. It is recommended to do this in the following order:

1. Prepare a list of all employees in the department so as not to miss anyone. It can be requested from the Human Resources Department.
2. When compiling the lists, be guided by the cards of the special assessment of working conditions, namely, in these documents there is a clause on passing a medical examination. If there are none, then you can use the applications from. It details the list of harmful factors and hazardous work who are required to undergo a medical examination. At the same time, everyone should take into account what harmful factors are present in the workplace, and their excess indicates that the employee must be included in the list for passing the commission.
3. It is also recommended to include data from the employee’s passport, the number of the pension and medical certificate, and the employee’s place of residence by registration in the list for a medical examination.
4. The lists must be approved by the responsible engineer for labor protection and transferred to the organization conducting medical examinations.
5. Before the direct organization of the medical board, the lists are specified, since rotation of employees is possible.

Preparation of medical records

Many workers wonder why they are being examined by different specialists and given different tests if they work in the same shop. This is all understandable and described in the order of the Ministry of Health. The fact is that for each profession and harmful factor, its own list of specialists, analyzes and instrumental examinations has been approved.

In this case, there are some nuances:

• the passage of fluorography is required for all employees without exception;
• women need to be examined by a gynecologist.

Without these analyzes and studies, the occupational pathologist will not deliver. Description normative documentation specialists draw up a medical card for each employee separately, where they prescribe different doctors for a medical examination.

The first stage of organizing a medical examination

The organization of the medical examination of the employees of the enterprise should be taken care of in advance:

1. Develop a schedule for the medical examination and fluorographic examination.
2. Determine who will conclude contracts with medical institutions.
3. Prepare an administrative document on the organization of the event in individual divisions.

Medical examinations of employees must be scheduled

The document is signed stakeholders and approved by the head of the facility.

The event order must include the following information:

• within 10 days before the start of the medical examination, it is necessary to familiarize the employees of the enterprise with the need to pass a medical examination under the signature;
• appoint persons responsible for passing a medical examination and issuing referrals to employees.
• determine the timing of the examination;
• the administrative document may also reflect other points related to the medical examination of employees: for example, the delivery of specialists to the venue of the event, if there is a first-aid post on the territory and there are all conditions for passing.

Third stage

Now the medical examination has been passed, but not completed, the next step will be processing the results. This is done by specialists.

If there are doubts about the health of the employee, additional examinations are carried out.

The results of the examination of doctors, analyzes and instrumental studies are summarized and on the basis of this a conclusion is made, for example:

1. If, based on the results, the employee does not have, then, accordingly, the occupational pathologist provides admission to work.
2. If there are doubts about the state of health of the employee, then additional examinations are scheduled.
3. All information is transferred to the person responsible for the medical examination.
4. For additional examinations, the delivery of workers to the clinic is organized. Employees are assigned instrumental examinations, including ultrasound, blood and urine tests, ECHO-kg, holter and others.
5. If, according to the results of additional examinations, the results of the state of health are normal, then the occupational pathologist writes a conclusion on the admission to work of the employee. If, on the contrary, the employee's health readings do not correspond to normal values, then the employee is suspended from work or an occupational disease is recorded, which will adversely affect the enterprise as a whole.

How to control the conduct, responsibility

To ensure that the results of the medical examination are not negative and that as few people as possible have to be taken away from work and sent for additional examinations, the employer is recommended to provide for the following:

• appoint a person responsible for passing the medical examination and choose at the same time responsible employee who would report on every step of the event;
• during the period of inspection, the person in charge must contact all employees and specialists in order to promptly resolve the existing problem situations and, if possible, eliminate these problems.

It is worth noting that problems can also arise during a medical examination, namely, an occupational disease is recorded, which, as noted earlier, can bring trouble to the activities of the entire enterprise as a whole. In connection with this circumstance, it is recommended to constantly communicate with specialists during the medical examination, perhaps it will be possible to avoid unnecessary problems.

If the inspection is not completed on time, the employer may have problems. Initially, the person responsible for organizing the event should report to the management about the failure to pass the medical examination.

If no action is taken, the consequences may be different, for example:

• punishment by the state labor inspector;
• when investigating the consequences, the employer and immediate supervisor will be punished.

Punishment can be administrative as well as criminal. So it is recommended to organize the event correctly and follow all the recommendations of specialists, and if an occupational disease is detected, the investigation should be carried out in a timely and efficient manner, and it is possible that the employee himself is to blame for the disease.

Find out about guarantees for employees sent for medical examination in this video:

Question form, write your

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 execution depends on the severity working 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 carried out exclusively during the main working hours, 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 facility 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

Chairman 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 post 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 is 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 increased greatly 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 bodies 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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