Medical examinations of employees - the procedure for conducting mandatory, periodic and extraordinary medical examinations. Medical examination for work - how to pass an important stage Medical examination before work

The law in Russia provides for the need for a medical examination for a certain group of workers at the time of employment.

Target- assess the general health of a potential candidate, confirming his professional suitability or identifying possible features and diseases that do not allow him to take a vacant position.

Mandatory medical examinations can prevent the spread of epidemics and prevent accidents.

Mandatory medical examinations

Medical examinations are divided into types:

• Preliminary.
• Annual (periodic).
• Views out of order.

A preliminary examination is carried out during the period of a new employee's placement at work. Annual inspections are carried out by workers belonging to certain categories and working in hazardous conditions. When examining out of turn, the employee himself can ask the supervisor in view of the recommendations of various medical specialists.

Mandatory medical examinations are payable by the employer and are specific to certain employees. The obligation to carry out such surveys of citizens may be established by municipal authorities for specific enterprises.

Preliminary medical examinations

When applying for a job, you need to determine whether a person is suitable for health reasons to perform duties at a particular workplace. To do this, employers require a preliminary examination. Labor legislation establishes norms that guarantee employees the safety of earnings.

The process of preliminary medical examination depends on the gender of the employee and on the nature of the position for which he is employed. The list of doctors to be visited may vary.

Here is a general list of specialists:

• Ophthalmologist.
• Surgeon.
• Doctor neuropathologist.
• Otolaryngologist.
• Therapist.

In addition, the employee will have to pass traditional general tests, undergo an ECG and a fluorography session. After a visit by a citizen to all doctors, the therapist gives a general conclusion about the health of the employee.

The procedure for conducting medical examinations

Mandatory examination by specialists when hiring a new employee takes place at the expense of the employer or is paid by him after employment.

The employer issues a special examination sheet (referral) to the future employee, on the basis of which an examination will be carried out by the doctors indicated in it. Often the examination takes place in a medical organization with which the company has an agreement. You should come to the medical examination with a passport or other document that allows you to verify your identity.

In the patient's personal card, the results of examinations and the conclusion of the therapist are recorded. It indicates information about the general level of health and the presence or absence of health features that interfere with the performance of work.

The document is certified by the seal of the medical institution. The conclusion is subject to issue to the employee, and the second copy is placed to the patient's personal card, which is stored in the clinic.

A citizen who has not passed a medical examination cannot start working.

Responsibilities of an employee during a medical examination

All employees are obliged to comply with labor protection requirements, and the employer provides them with safe working conditions.

If the employee belongs to the group of citizens subject to mandatory medical examination at work, then he must undergo the necessary examination. This applies to all types of medical examinations.

It is considered that the employee violated labor discipline if he did not fulfill his duties without reason. As a sanction, a reprimand, a remark, and even dismissal can serve.

An employee who has not passed the mandatory examination is suspended from work in accordance with the Labor Code.

Responsibility

The Code of Administrative Offenses of the Russian Federation provides for the responsibility of enterprises for signing an employment agreement with applicants without a mandatory medical examination.

Such behavior entails penalties:

• For officials - from 1 to 5 thousand rubles.
• For individual entrepreneurs - from 1 to 5 thousand rubles. or suspension of business activities for up to 3 months.
• For organizations - from 30 to 50 thousand rubles. or suspension of activities for a similar IP period.

If a person who has violated the law has already been subjected to administrative sanctions, in case of subsequent violations of a similar kind, he will be subject to a disqualification punishment for a period of one to three years.

The Labor Code of the Russian Federation established that a labor agreement can be terminated if a violation of the rules for its conclusion is revealed. If it is not the employee who is to blame, then before dismissal, he must be offered to take one of the vacancies. Having retired, a citizen receives an amount equal to the monthly salary at this place.

If the applicant for the position refuses to undergo a mandatory examination, the refusal to work for him will be lawful.

Cost accounting

The expenses that enterprises incur when organizing periodic examinations of their wards are provided for by law and are subject to special accounting.

These cash costs are:

• Are subject to accounting in the tax base with respect to income tax.
• They cannot be taxed on personal income.
• They do not entail payment of insurance amounts in the Pension Fund of the Russian Federation, the Social Insurance Fund, the Compulsory Medical Insurance Fund.
• They are not taken into account when paying contributions for compulsory insurance against accidents and accidents at the workplace.
• When forming the tax base, the amounts spent by the employer on the maintenance of treatment rooms and points used for mandatory medical examinations are also taken into account.

If we are talking about medical examinations that are not provided for by Russian law, then they are not taken into account when determining income tax.

Citizens who undertake to undergo a medical examination upon employment

The Labor Code of the Russian Federation establishes groups of working citizens who are required to undergo an examination when applying for a job:

• Persons engaged in hazardous and dangerous work (including underground).
• Persons working on vehicles.
• Food industry workers.
• Citizens working in the field of food and trade.
• Persons employed in work related to plumbing systems.
• Persons working in medical organizations.
• Citizens employed at work in children's organizations.
• Other persons working in certain areas.

Underage future employees, when applying for a free position, must be subject to a medical examination. Persons who wish to work in the regions of the Far North, when applying for a job, must have a doctor's report that confirms their suitability for work and life in a given climate and area. Otherwise, the employer does not conclude an agreement with them. Athletes must undergo mandatory examination upon employment.

In addition to the Labor Code, the obligation to undergo an inspection is regulated by other laws. Judges, train drivers, employees of the Ministry of Emergency Situations and customs are subject to medical examination.

In the regions of the country, local authorities may determine an additional group of citizens subject to mandatory medical examinations. An employee of children's institutions, food enterprises and household organizations are required to have a medical book, where the results of all examinations by doctors are recorded.

Who pays for the medical examination

Mandatory inspection is carried out at the expense of the employer. Even a survey of an applicant who was not eventually hired for any reason is subject to payment by the enterprise.

If the examination is not necessary, but the employee himself wished to undergo it or did it at the insistence of the employer, then the employee pays for such an examination himself.

To reimburse the amount of money spent by a citizen for a mandatory medical examination, an application with attached checks and documents is required.

Candidate's refusal to undergo a medical examination

If an applicant for a position refuses to undergo a medical examination, which is mandatory by law, an employment agreement cannot be concluded with him. If an employee refuses to undergo an annual mandatory examination, he is suspended from work.

Registration of a document on the direction and as a result of a medical examination

To pass the examination during employment, the candidate receives a special referral from the employer. Its form is established by the enterprise, certified by the signature of the head and the seal of the organization.

After visiting all the doctors indicated in the list and passing the tests, the candidate for the position goes to the therapist, who makes the final conclusions and issues a medical report. For successful employment, it must contain information about professional suitability.

Obligatory examinations by doctors are a useful thing. If you want to work in a healthy team and not put yourself and others at risk, the need to be examined will not be scary.

One of the most popular and common documents when applying for a job is a personal medical (sanitary) book. The legislation of the Russian Federation provides for strict measures for the safety of the health of citizens.

The presence of this document makes it possible to judge the professional suitability of the employee, the absence of diseases, infections and viruses, according to the results of examinations. Also, the presence of a medical book serves as a guarantee that the employee is not a carrier of a dangerous disease that poses a threat to the life and health of society.

Medical book

Shared medical records into 3 categories according to the number of necessary tests and examinations:

• for those employed at work in wholesale and retail stores of industrial goods;
• for trade in products, work in public catering, public services and education;
• for medical workers.

What it is

Personal medical book - government-issued strict reporting form. You can't buy it at an office supply store. The form of the form, the rules for issuing and accounting for which were approved by Rospotrebnadzor in order No. 402 dated 05/20/2005.

By law, the execution of an employee's medical book the employer is required to. He must pay the invoice:

• form of a medical book and a hologram;
• for hygiene education;
• study guides.

The worker then goes to a medical institution serving the organization. However, in practice, in order to get a job, you have to draw up a book yourself.

What documents are required for registration

When the medical book is issued for the first time, when applying to an institution authorized by the federal service to provide such a service, you will need:

• passport;
• application of the established form;
• 3x4 photo;
• paid invoice;
• vaccination certificate;
• certificate of registration and absence of HIV infection for foreign workers.

Purpose of obtaining

Registration by an employee of a medical book and sending him to undergo professional examinations prevents the occurrence and spread of infectious and occupational diseases. The head of the enterprise is primarily responsible for the absence of a book from employees. When hiring a new employee, the employer must be completely sure that his health will allow him to perform professional duties.

Conducting examinations and research analyzes allows doctors to detect the disease in a timely manner and, if necessary, begin treatment. If the disease is associated with an infection, pathogenic microorganisms are detected, the patient is not allowed to work until he is completely cured.

Where is issued

Responsibilities for recording and issuing medical books assigned to the Centers of Hygiene and Epidemiology in the regions. After filling in all the necessary data, the employee is sent for examination to specialists. Provides necessary tests. If, after passing the medical examination, he receives a conclusion on professional suitability, he is sent for hygienic training and certification.

A medical commission can be passed free of charge at a polyclinic at the place of residence or in budgetary hospitals with polyclinic departments. Obtain certificates from narcologists and psychiatrists in the respective dispensaries. Visit a dental clinic. For women, contact your local antenatal clinic. This process usually takes a long time.

Most often they turn to commercial accredited CGE medical institutions. Having paid the necessary package of services, you can immediately do a medical examination, hygiene training and get a medical book.

Before contacting such an institution, it is imperative to find out whether it has permission from the regional Center to issue this document.

The heads of many organizations interested in the employee receiving a book without leaving the workplace conclude an agreement with a medical institution to conduct an on-site medical examination. After holding events and paying bills, medical books issued and registered at the Hygiene Center.

Medical checkup

On the basis of the legislation, in order to conduct an inspection in an institution accredited by the federal service, on a permanent basis, a a commission of doctors of various specializations headed by an occupational therapist.

Regardless of the type of activity, all employees must undergo an examination in fluorographic rooms once a year! When passing a medical examination, this certificate is provided in the first place.

The exact list of doctors depends on the field of activity:

Employees of enterprises producing and trading industrial goods and utilities:

1. They need to visit a dermatologist-venereologist, take tests and smears for sexually transmitted diseases, a clinical blood test.
2. Get a referral from a therapist. According to the results obtained, the therapist may prescribe additional examinations.
3. The vaccination certificate must contain a mark on vaccination against measles (once) and current vaccination against diphtheria, which must be done once every 10 years.

Teachers, kindergarten teachers, catering and food production workers, grocery store sellers:

1. In addition to a dermatologist, they should be examined by specialist doctors: an otolaryngologist, an infectious disease specialist, an occupational therapist, a narcologist and a psychiatrist.
2. Visit the dental office to carry out, if necessary, a sanitation procedure - treatment of teeth, gums, removal of foci of infections.
3. For women, a mandatory examination by an obstetrician-gynecologist is required. Women over the age of 40 are required to undergo an ultrasound examination of the mammary glands. Such a diagnosis should be done every 2 years.
4. The physical examination also includes diagnostic studies and laboratory tests: general clinical and biochemical blood tests, tests and samples for venereal diseases, urinalysis, scraping for helminth eggs, additionally - tests for dysentery, enterobiasis, typhoid fever, staphylococcus aureus.
5. You need to take an electrocardiogram.

Employees employed in medicine, in addition to the above, must be tested for viral hepatitis and HIV infection.

At the place of inspection, it is issued medical outpatient card. It contains all the information on the inspection.

After the examination, she remains in a medical organization. The medical examination is considered passed after the examination of the patient by all specialists and the delivery of all tests.

If the employee undergoes an examination in the direction of the employer, the medical examination is carried out exactly according to the points indicated in the direction. Therefore, sometimes there is a need to be examined additionally. For example, a surgeon, an ophthalmologist or a cardiologist.

Based on the results of the medical examination, conclusion on professional suitability for certain work. The document is being drawn up in 2 copies. It is signed by the chairman of the commission - a general practitioner. Document certified by the seal of the medical institution. The first copy of the conclusion is issued to the patient, the second remains in the institution.

Sample certificate of professional suitability

The validity period of the inspection is 1 year.

Hygiene training and testing

After successfully passing the examination and receiving a conclusion from the therapist, the employee goes to hygiene training. Training in basic sanitary skills helps to improve the culture of production and occupational health. A person receives additional knowledge about a healthy lifestyle and their application in practice.

Training is provided by organizations that have permission for educational activities or directly at enterprises where there are specially trained employees.

Training includes topics:

• personal hygiene;
• causes of poisoning;
• sanitary requirements and regimes at enterprises;
• infectious diseases and their prevention.

Hygiene training is carried out face-to-face in the form of seminars, trainings or briefings. There is also a correspondence form of study of methodological materials. Information and materials for study are presented on the websites of the regional Centers for Hygiene and Epidemiology.

You can also pass a control test for knowledge of sanitary legislation on the center's website remotely.

The hygienic certification mark must be certified by a hologram on the 28th page of the book. Valid for 2 years.

The exception is cases where you have to change the specifics of the work. In this case, you need to pass a new certification and get a hologram corresponding to the new profession. In the medical book, you can make a note about several valid certifications. This makes it possible to work in combination.

Video on how to get a medical book.

If a person changes his place of work, the book can be extended on the basis of the records in it about the relevant analyzes, conclusions and hygienic certification. There is also an additional page in the sanitary book, where marks are made about the transition to work in another organization.

Cost of services to make a book

Making a medical book requires money. The cost of the form itself is 150 rubles. The price of full-time training in the center is 700 rubles. Textbooks for passing through the correspondence system will cost from 70 to 110 rubles. The price depends on the profession and field of activity of the applicant. Certification costs 200 rubles, a hologram - 500 rubles.

The cost of the medical examination is set by the medical institution.

Passing a medical examination upon admission to work is regulated by the Labor Code of the Russian Federation and is mandatory for several very large groups of workers. The medical examination makes it possible to identify the ability of new employees to carry out labor activities without prejudice to their health, and also creates the necessary basis for carrying out preventive measures to eliminate possible occupational diseases.

Regulatory documents defining the conditions of medical examination

At the legislative level, provisions have been developed that fix the standards for the procedure for a medical examination upon admission to work. These, first of all, include the provisions of the Labor Code on the implementation of medical examinations for selected groups of workers:

• Art. 69 and part 1 of Art. 266 concern persons under the age of 18;
• part 1 art. 213 explains the procedure for issuing a medical examination for workers in industries with harmful or dangerous working conditions, the same article regulates its implementation in motor transport companies;
• Art. 324 applies to persons working in the Far North or equivalent areas;
• Art. 298 concerns restrictions for workers working on a rotational basis;
• part 2 art. 213 is devoted to the conditions for issuing a medical examination in the food industry, trade and public catering, as well as in children's and medical institutions;
• part 1 art. 330.3 regulates the medical examination at underground work.

Several fundamental federal laws and regulations have been issued that prescribe the rules for passing a medical examination in certain industries or clarify them:

• paragraph 8 of the Decree of the Plenum of the Supreme Court No. 1 dated January 28, 2014 on the conditions of a medical examination for persons under 18 years of age;
• Order of the Ministry of Health and Social Development of the Russian Federation No. 302n dated April 12, 2011, which contains a complete list of jobs with working conditions recognized as harmful or dangerous;
• Decree of the Government of the Russian Federation No. 1020 of 09/08/1999, regulating the execution of a medical examination for railway drivers and other workers who ensure the movement of trains;
• part 1 art. 6 of Law No. 77-FZ of April 14, 1999 on medical examination for departmental security;
• paragraph 3 of Art. 9 of Law No. 38-FZ of March 30, 1995 on the prevention of the spread of HIV infection;
• paragraph 1 of Art. 23 of Law No. 151-FZ of August 22, 1995 on medical examinations for emergency service workers.

There are numerous industry instructions regarding medical examinations for workers of various professions and fields of activity.

Groups of persons with mandatory medical examination upon admission to work

The following categories of persons are distinguished for whom a medical examination is mandatory upon employment:

1. Minors (less than 18 years of age).
2. Employees working in organizations with difficult, harmful or dangerous working conditions, including transport.
3. Persons working in the Far North or equivalent regions.
4. Shift workers.
5. Employees associated with public catering, the food industry, the food trade, as well as those who carry out their labor activities in organizations that provide the population with water.
6. Employees of medical, treatment-and-prophylactic and children's institutions.
7. Departmental security personnel.
8. HIV-infected.
9. Emergency service workers.

Video: who does not need to undergo a medical examination when applying for a job

Rights and responsibilities of the parties

The procedure for passing a medical examination provides for the responsibility of both the employer and the employee.

An employee, when required by law, is obliged to agree to a medical examination upon admission to work. It is both his right and duty. Of course, before entering a new job, he may refuse to undergo a medical examination, basing his refusal on the fact that he is not an employee of the enterprise and is not obliged to follow the instructions of his potential employer before signing an employment contract. However, then the administration of the company has the full legal right not to hire him (Article 69 of the Labor Code of the Russian Federation).

If the employer violates the law and hires a new employee without a medical examination, then in accordance with Part 3 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, he will incur a certain administrative penalty. The specified article of the Labor Code of the Russian Federation provides for the imposition of a fine:

• in the amount of 15 to 25 thousand rubles per official;
• in the amount of 15 to 25 thousand rubles per individual entrepreneur;
• value from 110 to 130 thousand rubles. to a legal entity.

When hiring without a medical examination is repeated, then in accordance with Part 5 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, the guilty will be punished:

• a fine of 30 to 40 thousand rubles. or disqualification for a period of one to three years for officials;
• a fine of 30 to 40 thousand rubles. for individual entrepreneurs or administrative suspension of activities up to three months;
• from 100 to 200 thousand rubles. or suspension of the enterprise for a period of up to three months.

Video: employer's obligations during a medical examination at the enterprise

Procedure for the medical examination

The procedure for passing a medical examination is regulated by the articles of the Labor Code of the Russian Federation, Order of the Ministry of Health and Social Development No. 302n dated April 12, 2011, Resolutions of the Chief Sanitary Doctor of the Russian Federation, as well as other legislative documents and numerous departmental instructions.

Pass order

The medical examination is divided into the following main stages:

1. Interview with a potential employee to reach an agreement on the conditions for enrollment in a future job.
2. Preparation and issuance of a referral for a medical examination.
3. Implementation of the medical examination.
4. Obtaining results and presenting them to the employer.

The following items must be submitted in the referral:

1. Company name.
2. The main details of this organization: OKVED, form of ownership, legal address.
3. The name of the medical institution where the worker is sent.
4. Medical institution address.
5. Survey type.
6. Full name of the client sent for examination.
7. The name of the profession or position intended for the employee.
8. Brief description of future work.
9. A complete list of working conditions that adversely affect the health of the worker.

This document is signed by the head of the company or an authorized employee. Then the referral is entered in the register of referrals for a medical examination. And only after registration the document is issued to the employee against receipt.

In the direction for a medical examination, production factors that adversely affect health must be indicated.

Legislation regulates the competence of organizations to carry out medical examinations. It is allowed to be carried out in both public and private medical institutions. The main and strictly obligatory criterion for the legality of a medical examination in a medical clinic is that it has a state certificate and license authorizing the conduct of medical and preventive activities.

It is much more convenient for an enterprise sending for a medical examination to draw up an agreement with a medical clinic that has the appropriate permits. The recommendation to conclude contractual agreements with such medical institutions for a period of at least three years is fixed in paragraph 2.3 of the Methodological Framework for conducting preliminary and periodic medical examinations, approved in the Decree of the Ministry of Health and Social Development on 14.12.2005. In the absence of an agreement, the client is sent to any medical institution that has the necessary permits and certificates.

List of doctors

With a referral for a medical examination, an employee usually initially turns to a general practitioner. This doctor can sometimes decide the issue on his own and by his sole decision to recognize the patient as fit for work in a new place. However, in many cases, the therapist is not able to single-handedly determine the degree of health of the patient and the level of his suitability for a particular work activity. For example, it is impossible to consider the suitability of a client for work in a medical or children's institution without analysis and contact with narrow specialists, where health requirements for employment are quite stringent.

Therefore, for the most part, the initial physical examination is not limited to a visit to the therapist. The list of doctors to be visited depends on the direction of the client's future activities. In addition, the age and gender of the patient are taken into account. For example, juveniles receive a more comprehensive examination than adults.

The standard list of doctors participating in the medical examination is as follows:

• therapist;
• ophthalmologist;
• neuropathologist;
• otolaryngologist;
• surgeon.

Medical examination begins with a visit to the therapist

And also, to determine the state of health of the client, blood and urine tests are taken, fluorography is done and a cardiogram is recorded. These are general lists of doctors and tests during medical examinations for most workers. Women are examined by a mammologist and a gynecologist.

For workers in the food industry, employees of dairy and distribution points and a number of other related specialties, it is necessary to undergo the following doctors:

• dentist
• psychiatrist;
• narcologist;
• otolaryngologist;
• dermatologist;
• occupational therapist;
• gynecologist (for women);
• mammologist (for women after they reach 40 years).

Also, workers in this category must do a number of preventive vaccinations to obtain a vaccination certificate and undergo research:

• fluorography;
• blood test for syphilis;
• stool tests for worm eggs and enterobiasis;
• a smear for staphylococcus aureus;
• general urine analysis;
• a clinical blood test and a separate determination of glucose and cholesterol levels.

Mandatory periodic medical examinations and preventive vaccinations are provided for food industry workers.

Adolescents are prohibited from entering any job without a medical examination (Article 266 of the Labor Code of the Russian Federation). This applies to absolutely all professions. In addition to doctors on the standard list, adolescents are required to be examined by a pediatrician or family medicine specialist, as well as by a dentist. Carrying out a general analysis of blood and urine, as well as fluorography for adolescents, is a mandatory procedure.

A psychiatric examination may also be part of the medical examination. Mental disorders are a contraindication for certain activities. These include:

• work in extreme conditions (for example, at height, underground, in harsh climates);
• work related to the circulation of psychotropic substances, drugs and chemicals;
• teaching and social work;
• work in power structures;
• activities related to transport (drivers, pilots, dispatchers, etc.).

An examination by a psychiatrist takes place in the form of a conversation: the doctor asks questions that the visitor must answer. Some of them may seem strange, and some are directly related to work. For example, a candidate for the position of a miner should be excluded from claustrophobia. The content of the answer, the peculiarities of thinking and the speed of reaction are evaluated.

Registration of inspection results

The form of the conclusion on passing a medical examination depends on the group to which the applicant belongs.

As a form of document, in the general case, old-style forms are still used, approved by the Order of the USSR Ministry of Health No. 1030 dated 10/04/1980, despite the fact that the order itself has become invalid. This is form No. 086 / y, it is used for citizens who have reached the age of 18. Today, due to the lack of new forms, it is allowed to use the old forms (letter of the Ministry of Health and Social Development of the Russian Federation No. 14–6 / 242888 dated 11/30/2009).

The certificate must contain the stamps of doctors and the seal of the medical institution

For a professional examination of workers employed in work with harmful or dangerous types of working conditions, form No. 302n is used. It was approved by Order of the Ministry of Health and Social Development No. 302n dated April 12, 2011 (Appendix No. 5).

A medical examination certificate is usually valid for three days. If the conclusion is positive, then it is issued only to the applicant and he himself presents it to the management of the enterprise. In the case when the medical board makes a negative decision, it is also issued personally to the patient, but in addition to this, a copy is sent to the enterprise within three days.

For the implementation of both preliminary and periodic professional examination in a medical institution, a permanent commission is created, headed by a general practitioner who has a certificate in the specialty "occupational pathology". Based on the medical examination, the head of the commission draws up a conclusion, which is then signed by the head physician of the clinic and certified by a seal.

The medical report is handed to the applicant, in case of a negative result of the medical examination, a copy of the report is sent to the enterprise

For applicants applying for work in the food industry, public catering, trade, medical, medical and preventive and children's institutions, as well as in companies related to water supply facilities, a personal medical book or a medical book of a catering worker is used. These books are issued in accordance with the instructions approved in the Order of Rospotrebnadzor No. 402 of 05/20/2005 and the Order of the Ministry of Health No. 330 of 08/05/2003.

There are different types of medical books for the following professions and industries:

• food industry and trade;
• Catering;
• students;
• medicine;
• education;
• staff of children's camps;
• preschool institutions;
• consumer service organizations;
• employees of sports pools;
• employees of hotel complexes;
• pharmacy workers;
• drivers of vehicles delivering food;
• sellers.

To obtain such books, the applicant must pass a commission consisting of doctors of various specialties, the composition of which depends on the specific profession, as well as a certain set of laboratory tests.

Personal medical book - an officially approved document in a standard format

Medical examination conclusions for persons under 18 years of age are made in accordance with the requirements of Section 3 of the Sanitary and Epidemiological Rules and Regulations, which are drawn up in accordance with the Decree of the Chief State Sanitary Doctor of the Russian Federation No. 58 of 09/30/2009.

Medical examination payment

According to part 2 of Art. 212 and part 8 of Art. 213 of the Labor Code, all costs are borne by the enterprise sending the employee for a medical examination. If the company has an agreement with a medical institution and a medical examination is carried out there, then payment is made quickly and without difficulty. Another thing is when such an agreement does not exist and the applicant undergoes a medical examination at his own expense. Then the company is obliged to compensate the employee for the costs of conducting it. The same provision applies to a medical examination to obtain a medical (sanitary) book.

Of course, the potential employer is obliged to fully reimburse the cost of a medical examination carried out for obtaining a job, including all tests and examinations. Moreover, even if a situation arises when a person underwent a medical examination at the direction of the company, but nevertheless, for some reason, was not hired, the employer does not have the right to demand compensation for the expenses incurred. The laws of the Russian Federation also do not provide for the employee to work off the expenses of the employer for the implementation of a medical examination.

What to do when the physical examination shows negative results

Often there is a conflict when, based on the results of a medical examination, a conclusion is made, according to which the employee is unable to fulfill the professional duties assigned to him due to the level of health. There are two main options here:

1. The applicant did not pass the initial medical examination.
2. The employee did not pass the periodic medical examination.

In the first case, when an employment contract has not yet been drawn up, on the basis of a negative conclusion, the employer does not have the right to accept the employee for a position that was agreed before the result was obtained. Of course, the manager can offer the employee a place corresponding to the level of his health, and he can accept or reject this offer.

The issue of failure to pass a periodic medical examination has several solutions. The employer, according to paragraph 5 of part 1 of Art. 76 of the Labor Code of the Russian Federation, does not have the right to allow an employee to engage in activities that are contraindicated for him on a medical report. By allowing such an employee to perform their previous labor duties, the employer commits an illegal act and, on the basis of labor legislation, must be punished.

Therefore, the algorithm of actions of the employer, who received negative results of the medical examination of his employee, is as follows:

1. Issuance of an order for removal from office. The order is given to the employee for review, which is certified by a signature.

   The suspension order is issued on the basis of a medical report.

2. Notification of the absence of work suitable for the employee for health reasons.

   The notification is handed over under the signature of the employee about his familiarization with the contents of the document

3. If, according to the medical report, the period during which the employee cannot work in the previous position is less than four months, then at the end of this period a second order is issued to allow the employee to perform his old duties, and as a result, he continues to work in the old job.
4. If the unfitness of the employee for a period of more than four months is recorded in the medical report, then, in accordance with paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation, the employee must be fired. In this case, a dismissal order is issued and an entry is made in the work book.

   The date, the record of dismissal and its basis are put in the work book

Another thing is when the enterprise has vacancies that correspond to the level of health of the employee and give him the opportunity to carry out activities in another place. The employer is obliged to offer the employee these vacancies. In this case, there are three most common options:

1. The employee agrees, and by order they transfer him to a new place of work.
2. The employee does not agree and asks to dismiss him at his own request or by agreement of the parties. In this case, he writes an explanatory note about his disagreement and a letter of resignation. A dismissal order is issued.
3. The employee does not agree to move to another place of work. In this case, it is necessary that he fix his refusal on the administration's written proposal for a possible transfer to another job, and also write an explanatory note in any form about the reasons for his disagreement. If the employee refuses to write any explanations, then an appropriate act is drawn up, which is signed by the immediate supervisor of the employee and two witnesses. On the basis of a medical report and an act, a dismissal order is issued.

If the employee, for health reasons, did not fit another job at the enterprise, he can be fired under paragraph 8 of Art. 77 TC

Expiry date of medical examination certificate

In general, a certificate in form 086 / y on passing the initial medical examination is valid for six months. After six months, you need to repeat everything all over again.

For drivers, a certificate was previously issued for three years. In 2018, the medical certificate for drivers is valid for two years. At the same time, for some categories of drivers, a certificate is issued only for a year. These include:

• citizens under 21;
• drivers over 50;
• persons with certain medical conditions or physical disabilities, such as those who wear eye lenses;
• professional drivers.

It should be noted that the validity of certificates from a narcologist and a psychiatrist is also one year.

Diseases for which a medical examination certificate is not issued

There are a number of diseases or physical defects, the existence of which leads to a negative conclusion of a medical examination on the professional suitability of an employee. Different professions have their own list of such diseases or defects. One of the toughest professions in relation to health requirements is the profession of a vehicle driver. According to Decree of the Government of the Russian Federation No. 1604 of December 29, 2014, diseases or medical contraindications are defined, in which it is generally forbidden to drive a vehicle. In particular, these diseases include:

• mental disorders, including schizophrenia, mental retardation, affective disorders;
• mental disorders associated with the use of psychotropic substances;
• epilepsy;
• eye diseases - achromatopsia and blindness in both eyes.

In this industry, there are restrictions under which you can drive a vehicle, but subject to certain rules and regulations. For example, persons with a missing hand or entire arm or with a shin stump are allowed to drive, but only in cars with an automatic transmission.

For the food industry, there is also a list of occupational diseases that exclude the possibility of working in this industry. To them, according to Art. 23 of Law No. 29-FZ, as amended on July 19, 2011, includes infectious diseases, including HIV infection.

The issue of passing a medical examination when applying for a job is relevant for the vast majority of professions. The procedure for passing and documentary support of this necessary and important procedure is quite fully regulated by the legislation of the Russian Federation. Nevertheless, there are some insufficiently developed nuances that should be paid attention to both by the employer and the employee sent for a medical examination.

Many professions are associated with dangerous or harmful factors that negatively affect a person's life. Some people do not have the opportunity to learn a particular craft at all for health reasons. To prevent industrial accidents and to prevent occupational diseases, a mandatory periodic medical examination is provided. Consider the rules of its organization and determine the persons responsible for this.

Legislation on the medical examination procedure

The employer is fully responsible for labor safety. The law imposes on him the obligation to timely organize the passage of a medical examination when applying for a job or during the period of employment. The following legal documents govern this obligation:

• TK RF.
• Order of the Federal Ministry of Health of 2004, establishing a list of hazardous and hazardous production work, the performance of which requires periodic medical examinations of workers.
• Order of Rosminzdravmedprom, which contains information on the category of employees subject to mandatory medical examination, indicating its frequency.
• Industry documents (sanitary rules and regulations).

The Labor Code obliges employers to organize a medical examination by an employee who must comply with the requirements of medical control. Violation of the rules by an employee or employer can lead to administrative liability. A periodic medical examination not passed on time will result in the removal of the employee from the performance of official duties. Moreover, if it is the fault of the employer, then the duration of downtime will be paid. Otherwise, the person will be left without wages.

The concept and goals of a medical examination

A medical examination is a set of measures and interventions that are aimed at diagnosing pathological conditions of a person and preventing the risks of developing occupational and other diseases. Periodic procedures are carried out in order to monitor the health of employees and reduce industrial injuries. For each, there are deadlines in which the employee is required to see a doctor.

Periodic physical examination pursues and timely response to changes in health status. It is thanks to such events that it is possible to recognize the development at the initial stages and begin timely treatment. The results of the survey may prompt the employer to transfer the employee to a less hazardous area of ​​production. The verdict of the medical commission ultimately either confirms the fact that the employee is fit to perform his duties, or, conversely, does not allow him to do so.

Prerequisites for medical examination

Conducting periodic medical examinations is carried out at a certain time, which depends on the degree of danger of production factors and their type of harmfulness. It is possible to determine whether an employee is affected by any adverse conditions using the appendix to Order No. 302n.

Under the influence of at least one of the listed factors, a periodic medical examination should be carried out at least once a year.

Today, when applying for almost any position, it is necessary to undergo a preliminary medical examination. And this is not at all a whim of the employer. Preliminary and periodic medical examinations, in addition to employees exposed to hazardous and harmful factors, are employees:

• treatment-and-prophylactic and children's institutions;
• Food Industry;
• trade;
• Catering;
• waterworks.

Mandatory inspection is carried out in order to protect the population from the emergence and spread of dangerous diseases.

Referral for medical examination

Preliminary and periodic medical examinations are regulated by Order No. 302n. In the first case, before being hired for a certain position, the employer issues a referral to the applicant, which contains data on the enterprise, the intended position and the nature of harmful or hazardous production factors (if any). The list of specialists and laboratory and functional studies that a future employee needs to undergo is established in accordance with the List of Works and Harmful Factors. The medical examination is considered completed if all prescribed procedures are completed. At this stage, a medical opinion is formed, which allows or prohibits the employee from taking a certain position. It is important to understand that in the event of a negative decision of the medical board, an employment contract cannot be concluded with the applicant.

Periodic medical examinations of employees are carried out within the time limits specified in the List of Works and Harmful Factors. Two months before the next medical examination, the employer is obliged to issue a referral to the employee. The employee undertakes to appear at the specified time.

Organization of periodic medical examinations

Before sending employees to a medical facility for a medical examination, the employer has to do several things. First of all, you need to make a list of the contingent of workers. This is a regulatory act of an enterprise containing information about the professions of employees that are subject to a preliminary or periodic medical examination. A sample of the established form for this document is not provided, but a list of data has been developed that should be indicated in it:

• the position of the employee according to the staff list;
• name of harmful or type of work.

This may include additional information at the discretion of the employer. The list of contingents is approved once, until any changes occur at the enterprise (new jobs, improvement or deterioration of working conditions, reorganization). The finished document is sent to Rospotrebnadzor.

Name lists of persons are developed annually two months before the agreed date of the medical examination. It must indicate the length of service precisely in the conditions of the declared production factor. It should be noted that the passage of a periodic medical examination is carried out at least once every 2 years in a medical institution and once every 5 years in the center of occupational pathology. The lists are compiled separately.

Issue of the order

The company concludes an agreement with a medical institution, where employees will undergo regular medical examinations. After agreeing on the terms, surveys are drawn up, with which it is necessary to familiarize the employees. Each person from the surname list confirms the fact of informing with a personal signature. At the same time, the employee may be issued a referral for a periodic medical examination.

The need for planned preventive measures is confirmed by the issuance of an order, which is drawn up in an arbitrary form. Consider the approximate content of this document:

Order "On Periodic Medical Examination"

In accordance with Art. 212, 213, 266 of the Labor Code of the Russian Federation,

I ORDER:

1. Approve the lists of employees who are subject to mandatory medical examination in 2016. A schedule of preventive measures and a list of employees is attached.
2. Send the employees specified in the list to the medical institution "City Polyclinic No. 2" in accordance with the established schedule for undergoing a medical examination.
3. The heads of departments and subdivisions should not allow the specified employees to perform their official duties until the examinations have been passed.
4. Heads of departments and divisions to acquaint employees with the order under the signature.
5. Control over the execution of the order is assigned to Ivanov I.V.

After that, the full name of the director, his personal signature and applications with a surname list of persons who need to appear at the medical institution for medical examination are indicated. The order for periodic medical examinations is a mandatory document, which is drawn up on the basis of the Labor Code of the Russian Federation and the Order of the Federal Ministry of Health No. 302n.

The frequency of inspection for certain professions

As already mentioned, the control over the health of employees is carried out under the condition that the latter work in hazardous and hazardous industries, regularly visit polyclinics and representatives of professions who in one way or another come into contact with a large number of people. Mandatory periodic medical examinations are required for employees:

• Food industry, food trade, public catering - twice a year, tests for infectious diseases and STDs are performed, as well as an analysis for the carriage of staphylococcus and other bacteriological studies. Once a year, fluorography, a consultation with a therapist and laboratory tests for the presence of helminths are prescribed.
• Children's preschool, school and secondary professional, medical institutions - examination for the presence of STDs, infectious diseases and bacteriological studies are carried out up to 4 times a year. A general therapeutic commission with the passage of fluorography and laboratory tests is required once a year.
• Pharmacies and non-food trade - once a year, an examination by a dermatovenereologist, a therapist, fluorography and laboratory tests are shown.
• Communal services for the population and swimming pools - 2 times a year are examined for the presence of STDs and 1 time per year they undergo a standard medical examination. Vaccination against diphtheria is required.

It is worth noting that the number of examinations, regardless of profession, includes such procedures as fluorography, a blood test for syphilis, bacteriological studies for STDs, an examination by a narcologist and a psychiatrist. For women, a visit to the gynecologist is mandatory.

Medical examination of persons working in hazardous and hazardous industries

Depending on the category of hazardous factors, the deadlines for employees to pass the mandatory one should be taken into account that, regardless of the length of service and profession, the following persons are subject to an annual examination:

• under 21;
• employed in the Far North region (including in areas equated to them) from another locality;
• working on a rotational basis.

Consider the frequency of medical examination depending on the working conditions (profession).

Do not forget that there is a professional periodic medical examination, which is necessary to pass in the center of occupational pathology once every five years.

Medical examination before the start of the working day (shift)

Some employees, who are responsible for more than their own lives, undergo a small physical examination daily. This includes workers employed in hazardous and hazardous industries. Purpose: monitoring the state of health after a working day and fixing complaints about well-being. Drivers of all ground vehicles, as well as pilots, undergo periodic medical examinations at work. This time is included in the composition of the working day (shift) and takes 15 minutes at the most, unless, of course, there is a suspicion that the employee's condition is deteriorating. Procedures include measurement of pulse, pressure, general assessment of health status and reactions. Periodic medical examination of drivers without fail includes a check of clarity of consciousness. In the presence of alcohol or drug intoxication (which is confirmed or denied by express tests if necessary), the employee is removed from the flight. General malaise, pressure drops can also become a medical withdrawal from the performance of labor duties.

The legislation made it mandatory to pass a pre-trip check of the condition of drivers for each enterprise or individual entrepreneur. Every person employed on a vehicle owned by a legal entity undergoes a medical examination. The doctor or paramedic decides on the admission of the employee to work. Conclusion honey. personnel must be strictly observed.

Who pays?

In order for an employee to undergo a periodic medical examination, it is required to pay for preventive procedures. Who bears the cost of the medical examination? When hiring and carrying out labor activities, the costs of a medical examination are borne by the employer. This rule is regulated by the Labor Code of the Russian Federation (Article 213). The enterprise is free to independently choose a medical institution. Before concluding a contract with an organization, you should make sure of the following points:

• the organization is licensed;
• in the list of services and works in the appendix to the license, it is noted that the institution has the right to conduct medical examinations or an examination of professional suitability;
• has all the necessary specialists on staff;
• owns the required equipment;
• provides services at the address specified in the license.

It is also necessary to clarify the procedure for examination by a narcologist and a psychiatrist. Often additional visits to dispensaries are required to obtain mental and physical health certificates. The cost of services is determined based on the number of required consultations and studies.

Even if the applicant does not find a job after passing the medical examination, the employer does not have the right to demand reimbursement of expenses. Deductions from wages or self-payment for preventive examinations are unlawful in relation to the employee. The employer is obliged to bear all expenses and, in addition, to keep the employee's salary for the duration of the medical examination within the average daily wage.

Periodic medical examination is an important event that allows timely diagnosis of occupational and socially dangerous diseases. Procedures are performed primarily in the interests of the employee. Both the employer and the employee should comply with the requirements of the law on passing medical examinations. Violations result in significant administrative fines.

Getting a job at an enterprise, in an organization, each applicant is required to undergo a medical examination. The list of doctors who need to be examined and receive a conclusion may differ. It all depends on the type of activity, on what exactly is to be done in the workplace.

For your information

Passing a medical examination, on the one hand, allows the employer to make sure that he entrusts a responsible business to a physically and mentally healthy person. On the other hand, the applicant himself will know whether he is ready to perform the tasks assigned to him. Annual medical examinations will also help to track the dynamics of the state of health.

When is a pre-employment screening required?

The obligatory passing of a medical examination for people of certain professions is enshrined in the Labor Code of the Russian Federation (set out in Art. 69,,,,, 348.3.)

The employer does not have the right, according to article 212 of the Labor Code of the Russian Federation, to hire a person who has not passed a medical examination. It is necessary to obtain a medical opinion in the form of a certificate or a medical book before concluding an employment contract.

Additional Information

A medical examination is needed when applying for such types of work that are related to driving, interacting with children, with a large number of people, where there are special working conditions, where fateful decisions are required or the use of weapons.

Who is required to undergo a preliminary medical examination?

The Labor Code of the Russian Federation requires certain categories of workers to undergo a medical examination when applying for a job:

• under 18 years of age:
• whose profession is associated with harmful and dangerous production;
• who work in the food industry;
• who provides medical services;
• trade workers;
• involved in transport;
• teachers, counselors, educators, teachers;
• working in extreme conditions;
• service personnel, for example: waiters, hairdressers, cosmetologists, athletes;
• judges, law enforcement officers, other employees of state institutions;
• who work in the Far North or in those places that are equated to it.

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

Form

When accepting a new employee, the manager, against signature, gives him a referral form for a medical examination by doctors. The document is issued by an employee of the enterprise in which the applicant is going to work. There is no single sample form for a medical examination when applying for a job. But there are certain requirements for its design. It must contain:

• name of the organization, enterprise;
• type of activity and form of ownership;
• the name of the clinic where you need to undergo a medical examination, indicating contact numbers and addresses;
• type of medical examination;
• Full name of the person being sent and his date of birth;
• the name of his future profession;
• risk factors in the enterprise.

The timing of the medical examination is agreed in advance.

Employer's responsibility

The head is obliged, according to the law, to send the employee to undergo a medical examination, if the position and the specifics of the work provide for such a need. This is a requirement of the Labor Legislation (paragraph 12, part 2, article 212 of the Labor Code of the Russian Federation), otherwise the head of the enterprise will be subject to penalties for hiring a person who has not checked his health before starting work.

Close attention is now being paid to medical examinations. Supervisory authorities (Rospotrebnadzor, Labor Inspectorate) monitor compliance with the procedure for hiring citizens and subject violators of labor legislation to penalties. Fines are not small (part 3 of article 5.27.1 of the Code of Administrative Offenses of the Russian Federation).

Employee Responsibility

The applicant does not have the right to refuse to undergo a medical examination when applying for a job or any part of it. He must be examined by all required specialists, attend all necessary diagnostic tests, take tests and receive appropriate vaccinations, if required. Otherwise, the contract with him will not be signed, he will not be hired. Women additionally need to visit a mammologist and a gynecologist.

Attention

The fact that the applicant for the position has not yet been hired, is not in the state, is not a basis for refusal. WITH article 69 of the Labor Code provides that a medical examination is carried out simultaneously with the conclusion of an employment contract.

It is necessary to pass a medical examination within the time limits established by law. A person referred for a medical examination has the right to undergo examinations in any medical institution. But, as a rule, the employee is sent to the outpatient department at the place of residence.

Step-by-step instructions for passing a medical examination when applying for a job

If the applicant received a positive response to his resume, then from the place of future work he is given a referral to undergo a medical examination. What should the employee do next:

1. At the designated time, you need to come to the clinic, contact the office from which the medical examination begins (usually, this is the therapist's office).
2. On the same day, a person receives a referral for diagnostic tests and tests. You can pass them on the same day (if you have time in time in the morning).
3. Decide on visiting other doctors (as a rule, the therapist gives a recommendation on how to quickly pass a medical examination, without wasting time, which doctors and at what time to come).
4. Obtain a medical certificate or medical book. The medical book takes some time to process, but you can get a certificate from the medical institution stating that the medical examination has been passed, and the medical book itself is being issued.
5. Bring the finished conclusion to the employer. One copy remains in the personal file of the employee at the enterprise. Another copy is in a medical facility.

As practice shows, a medical examination when applying for a job can be bypassed in two to three days. There is nothing complicated in this procedure.

What kind of doctors do you need to go through?

The standard list of doctors that you need to go through when applying for a job looks like this:

• therapist (they start with him and finish with him, receiving a final certificate);
• surgeon;
• neuropathologist;
• ophthalmologist;
• otolaryngologist.

You will also have to take a blood and urine test, undergo an ECG and fluorography, for women - additionally visit a mammologist and gynecologist.

This is the standard. But besides these doctors, for some types of professions, an examination of other specialists is also required. It can be a narcologist, psychiatrist, gastroenterologist, cardiologist, allergist.

Help Sample

A certificate confirming that the future employee of the enterprise has passed a medical examination is the final conclusion of the therapist, issued on the basis of the conclusions of other specialists of the medical institution.
Most often, a certificate is issued in the form 086 / y.

Certificate validity period

If a person for the first time, then a certificate 086 / y is usually issued. It is valid for half a year. For civil servants, the certificate is different - 001-GS \ y. Its validity period is one year.

However, the employer may request that the medical examination be taken again, even if the certificate has not expired. The fact is that sometimes a person passes a medical examination for one enterprise, and then decides to go to work in another organization. And there may be requirements.

For your information

Do not confuse a certificate required before starting work, and the annual preventive examination of employees. These are different documents and different requirements. As well as an additional medical examination regarding certain professions.

Payment for medical examination at the time of employment

The legislation requires the employer to pay the costs associated with medical examinations upon employment, in accordance with Art. 212 of the Labor Code of the Russian Federation. Orto return the funds spent on the medical examination to the employee. Moreover, within a period of not more than 10 days from the date of submission of all supporting documents on receipt of a medical opinion. Most often, people undergo a medical examination at their own expense in order to receive compensation for the money spent later. Although this way is not entirely legal. The company should pay immediately, and not compensate for the costs later.

IMPORTANT

Sometimes, in practice, people are faced with the fact that no one returns their money for a medical examination when applying for a job. This is a violation of the law. And we are talking about the amount, which for some is very significant. Especially when a person has not yet managed to earn a single ruble, but only gets settled. Depending on the regions, this amount ranges from 1000 to 3000 rubles.

You can try to return the money by writing a complaint to the Labor Inspectorate or the prosecutor's office. But job seekers rarely take such a step. However, such adherence to principles sometimes allows them to feel better and more confident in the workplace.

What if an employee fails a medical examination?

Sometimes such a nuisance happens that the applicant did not pass a medical examination. He will be given a conclusion on certain medical contraindications, which can be both temporary and without time indication.

Attention

If health disorders are temporary - no more than 4 months, then the employee may be offered another vacancy within a certain period, and then transferred to the desired position. If the contraindications are more serious, then the employer does not have the right to hire such an employee (). He can only give him an alternative vacancy if there is one.

For the applicant himself, medical contraindications are a warning that this work is not suitable for him and will lead to even greater health problems. So, you should not neglect the medical opinion - not only by virtue of the law, but also in your own interests.

Can I get fired if I don't pass a medical examination when applying for a job?

According to the law, an employee who has not passed a mandatory medical examination upon employment,. It all depends on the period of contraindications indicated in the medical certificate: more than 4 months or less than 4 months. For short-term health problems, an employee may be offered a temporary job in another position. In case of long-term problems, they can offer the position that allows the employee to work for medical reasons and according to professional data. Or they are fired, since medical contraindications are a serious reason for this.

For your information

If an employee, for health reasons, is transferred to another position with a lower salary, but without a change of leader, then he must be paid the same salary within a month. And if he is fired, then he should be paid everything that is required by law, including for unused vacation.

Nuances

If a medical examination when applying for a job is not required by law, and the applicant passed it anyway, then no one will compensate him for the costs. However, sometimes the employer requires to be examined by doctors, even despite the fact that this field of activity does not provide for a mandatory medical examination. The manager may have his own requirements and criteria for selecting employees. But in this case, the employer is obliged to pay the costs to the applicant when hiring him.

Additional Information

A person does not have to undergo a medical examination in a particular medical institution. The employer can send it to the organization with which the company has an agreement. Or a person chooses where to go. The main thing is that this medical institution has all the licenses for the right to operate and conduct certain studies and analyzes.

Health information is known to be a medical secret. But in the case of passing a medical examination, the employer can and should be aware of the health status of the applicant. This is not a violation of the law.

The list of doctors and necessary studies can be adjusted to suit a specific region or documented in the organization where the job seeker is looking for work.

CommentsShown 12 out of 12

• And if the medical examination is passed, but with negative readings, then who pays for the concert?

  Reply data-id="2166" data-respond="comment">

• How is wages paid during a medical examination, as an employment contract is concluded with an employee?

  Reply data-id="3116" data-respond="comment">

• Accepted workers without a medical examination, before my employment, what does this threaten me personally with?

  Reply data-id="3314" data-respond="comment">

• Hello, I have a question.

  I get a job, I was sent to the primary medical commission, but the therapist sends me to the diagnosis of special doctors for a chronic disease. This diagnostic will last about 1.5 months. How long can an employer wait?