Before applying for an employee, make sure that the vacancy does not belong to those professions for which the employee must undergo a preliminary medical examination upon employment. If this is not done, the organization and the leader, after the audit, will face quite serious fines.
Who will have to come for a medical examination when applying for a job
The passage of a medical examination upon employment is regulated by order of the Ministry of Health and Social Development of the Russian Federation No. 302n dated April 12, 2011. This document, as well as the list of professions and jobs for which a medical examination is required upon employment, are the main laws governing the norms of medical examination for employees.
Categories of workers who are allowed to work only after a medical examination
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Medical examination at the time of employmentrequired for the following persons |
Regulatory bases for obligatory medical examination when applying for a job |
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Office workers who are at the computer for more than half of the working time. Often, managers mistakenly do not pay attention to this category of employees, assuming that the conditions for their work are not harmful. |
|
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Trade employees, including administrative staff |
Art. 213 of the Labor Code of the Russian Federation |
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Citizens employed in the food industry and catering, servicing waterworks (including administration employees) |
|
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Employees of children's organizations, educational institutions |
Art. 213 of the Labor Code of the Russian Federation; SanPiN 2 4 2 2821-10 |
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Employees of medical organizations |
SanPiN 2 1 3 2630-10; Article 213 of the Labor Code of the Russian Federation |
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Hairdressers and beauticians |
SanPiN 2 1 2 2631-10 |
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Drivers of transport companies, including administrative staff |
Art. 213 of the Labor Code of the Russian Federation |
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Workers in construction specialties, as well as those working in the production of building materials |
SanPiN 2 2 3 1384-03 |
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Persons whose labor activity is associated with harmful and/or dangerous working conditions. |
The list of harmful working conditions and the List of works are given in the order of the Ministry of Social Development No. 302n |
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Persons working in the regions of the Far North and areas equated to it in cases when they come to work from other regions |
Art. 324 of the Labor Code of the Russian Federation |
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Employees under 18 |
Art. 69 of the Labor Code of the Russian Federation |
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Laundry staff |
SanPiN 2 1 2 2646-10 |
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Dormitory staff |
SanPiN 2 1 2 2844-11 |
|
Athletes |
Art. 348.3 of the Labor Code of the Russian Federation |
Varieties of medical examinations
Medical examination is carried out at the initial employment. This type of examination allows you to determine whether the candidate is able to cope with the job that he plans to get. Also, the initial medical examination will protect the team from possible infectious diseases that a new employee can bring.
Periodic medical examinations of employees are aimed at the timely detection and prevention of pathologies that are caused by professional activities. For certain professions, for example, employees of chemical industries, miners, drivers, pilots, a regular pre-shift medical examination is carried out. The time spent on a medical examination is included in the total working time, so it is impossible to extend the working day just because the employee spent several hours in the medical room.
Also, at the request of employees or in accordance with the conclusion of Rospotrebnadzor, extraordinary medical examinations are carried out. The employer in the direction for the medical institution indicates the reason for which an extraordinary medical examination is carried out (Article 213; 348.3 of the Labor Code of the Russian Federation).
Extraordinary medical examinations, like standard procedures, require a careful approach to registration - otherwise, the employer may face a fine from the Labor Inspectorate. If you do not have the time and opportunity to independently control all the nuances of personnel workflow, entrust this part of the work to the employees of the Glavbukh Assistant service.
Read also:
How to organize a medical examination when applying for a job
If a medical examination is mandatory when applying for a job, employees undergo it at the expense of the employer (Article 212; 213 of the Labor Code of the Russian Federation). Whether the candidate for the vacancy will be accepted in the future or not, it does not matter - the employer is obliged to organize a commission in any case.
Therefore, to the frequent question from employers about who should pay for the medical examination of employees, there is only one answer - exclusively the employer. And in a situation where an employee passed a medical examination at the expense of the employer, but refused to conclude a contract, it will also not work to recover the amount spent from him.
The employer has two options to provide the candidate for a vacancy with an initial medical examination when applying for a job:
- Provide an opportunity for the employee to independently undergo a medical examination, and after receiving a medical report, provide compensation for a medical examination upon employment. However, such a procedure for conducting medical examinations must be fixed in a local document so that labor inspectors do not find fault during the check;
- Send a citizen for a primary medical examination when applying for a job in a medical institution with which the organization has a contract for medical care.
How to issue a referral for a medical examination - an algorithm of actions
A preliminary medical examination when applying for a job is a one-time procedure that gives the employer an idea of the health status of a candidate for a vacancy. Before sending employees to the medical examination, it is necessary to perform several sequential actions:
- Two months before the date of the medical examination, draw up a list of employees who are required to undergo a medical examination;
- Record in the register which employees are sent for a medical examination;
- Based on the decision made, issue an order to send him for a medical examination. If several people are sent, it is enough to include a complete list of employees in the order. The form of the order is arbitrary;
- Issue a signature to each employee for examination. There is no single sample document, below are the requirements necessary to fill out;
- Within the period specified in the order, the candidate for the vacancy must provide the result of the medical examination;
- The conclusion of the medical board must be registered in internal acts in order to avoid claims from the labor commission and other regulatory authorities. If you do not have enough time to enter all the data into internal acts on your own, entrust this to outsource employees.
The direction is filled in as follows:
- the name of the employer's company or organization;
- organizational and legal form and direction of activity, according to OKVED;
- name of the medical institution conducting the medical examination (OGRN code, location address);
- type of medical examination: for employment, preventive, extraordinary;
- complete information about the future employee;
- in which structural unit is hired and for what position;
- what unfavorable factors for life and health will be present during the performance by the employee of his duties;
- the direction is signed by the head or official with a decoding of his signature and an indication of the position;
- signature of the employee stating that he received a referral for a medical examination.
Which doctors are required
The participation of the following specialists is mandatory in the medical board: a therapist, a psychiatrist, a narcologist (Order No. 302n). If the profession is associated with harmful and (or) life-threatening conditions, an occupational pathologist must be present in the medical board.
In addition to the mandatory specialists, the employer can optionally send an employee to visit:
- surgeon
- ophthalmologist;
- neuropathologist;
- x-ray room;
- otolaryngologist.
In a medical institution, a medical card (form No. 025 / y-04) is entered for an employee, in which the conclusions of specialists and the results of analyzes are recorded. Unlike a health passport, a card is not issued and is stored in a medical organization.
After the completion of the medical examination, a general medical report is issued, which is signed by the chairman of the medical board and certifies the act with a seal. For citizens planning to work in trade, catering, children's educational and preschool institutions, medical books are issued.
Before concluding a contract, the applicant for a vacancy must have a medical book or a medical certificate on the state of health (more often> form 086 / y). This certificate is valid for six months. Civil servants are issued a certificate in the form 001-GS \ y for a period of one year.
What has changed in 2019 when passing medical examinations when applying for a job
Since January 2019, employees have the right to take one paid working day every three years to undergo medical examination. Pre-pensioners and pensioners have the right to take legal two days for a medical examination every year (FZ No. 353 of October 3, 2018).
To take a day off, you must write a written statement addressed to the head indicating the date when it is planned to undergo a medical examination. If the head is not against the chosen date, he signs the application. If the date does not suit you, then another day is agreed.
What sanctions await the employer if the employee has not passed the medical examination
The labor inspectorate has the right to bring the employer to administrative responsibility under Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, if he violates the requirement to organize a medical examination for employees.
Responsibility will come if the leader:
- allow the employee to go to work without the necessary medical opinion;
- the employee will be allowed to work without passing a pre-shift medical examination;
- the employee will not have a certificate of a psychiatrist or medical contraindications to work will be found.
Fines against officials and individual entrepreneurs range from 15,000 to 25,000 rubles, against a legal entity - from 110,000 to 130,000 rubles.
In case of a repeated similar offense, the amount of fines will be:
- for individual entrepreneurs from 30 thousand to 40 thousand rubles;
- officials face disqualification from office for a period of one to three years;
- for legal entities, a fine is provided - from 100 thousand to 200 thousand rubles.
For the heads of transport organizations for the absence of a mark on the pre-trip medical examination in the waybills or the mark was made not by a doctor, but by another person, the following penalties are provided:
- the head will be fined from 2 to 3 thousand rubles;
- for a legal entity - from 30 thousand to 50 thousand rubles.
A traffic police officer is entitled to issue a fine in the amount of five thousand rubles if, during the check, the driver did not have a mark on passing a medical examination before the start of the flight.
Employers should take into account that the amount of fines is set for one employee. Accordingly, if violations by several people are detected, the organization will incur serious monetary costs.
For example, if 10 people in the company did not pass the medical examination, then during the inspection the labor inspectorate has the right to impose a fine of 1 million 300 rubles, which can be ruinous for the organization's budget.
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The suitability of a potential employee is determined by the state of his health. To do this, you need to pass a medical examination. Due to the fact that such a service is paid, a situation arises that requires clarity: who should pay for it - the employer or the job seeker?
Recruitment and health screening
Enterprises where working conditions are associated with danger, harmfulness and physical overload require appropriate health from employees. There should be no contraindications, the presence of diseases incompatible with working in such a company. These conditions apply to industries: oil, gas, nuclear.
Primary and regular follow-up procedures for the detection of HIV infection are carried out by representatives of specialties associated with contact with HIV-infected people. It is mainly in the medical field. Such an examination can be taken directly at the medical institution where the person works or is going to find a job.
Existing order of primary medical examination
The Labor Code of the Russian Federation indicates that primary medical examinations can be carried out in any medical institution, regardless of the form of ownership (state or private). The main condition is the availability of a license to conduct such activities.
Psychiatric examination should be carried out only in a psycho-neurological dispensary. A certificate from a private psychiatrist is not valid in this case.
When the head of the enterprise gives the employee a referral to undergo an initial medical examination with a list of specialists who issue an appropriate conclusion.
The basis is the sanitary minimum, the results of which are recorded in the medical book. It provides for inspection of specialists:
- neurologist;
- expert in narcology;
- psychiatrist;
- ophthalmologist;
- otolaryngologist;
- surgeon;
- gynecologist/urologist;
- therapist.
Many are interested in whether there are exceptions or any features when undergoing a primary medical examination for minors. The answer is in Art. 69 of the Labor Code of the Russian Federation, which states that underage applicants are subject to mandatory preliminary examination.
The main condition is the requirements for the medical institution where the examination will take place. It must be licensed for all required medical practices. It is no exception for minors and gynecological examination, if required by the scope of work.
Validity the received opinion on the health status of a potential employee depends on the type of activity in which he intends to find a job.
In Art. 213 of the Labor Code of the Russian Federation and Order of the Ministry of Health No. 302 contains a detailed list of professions subject to mandatory medical examination. These regulations contain information on specific types of medical and laboratory examinations.
There are two types of medical examination certificates, each of which has its own validity period:
- Document F 001-GS / y - 12 months. This information is related to the public service. The applicant undergoes a free examination in any state medical institution.
- Document F 086 / y - six months. This reference is for other categories. You can get it in a medical institution of any form of ownership at the place of residence.
The main stages of a medical examination
Stage 1. The employee receives a referral containing detailed information about working conditions (hazard, level of stress, possible harmfulness). Based on this, the requirements for the health status of the job seeker are indicated. With this document, he goes first of all to a therapist or occupational pathologist.
Stage 2. The therapist conducts an examination and determines the degree of compliance of the applicant's health with the performance of the chosen specialty. If necessary, he sends him to other specialists for additional examination.
Stage 3. In the medical record, records are made of the conclusion of each doctor to whom the potential employee has applied.
Stage 4. The decision of the medical commission is recorded in the health certificate. If it is positive, it should be issued in a standard form, in particular, it should reflect the specific recommendations of the doctor. For example, the requirement to wear glasses or a hearing aid.
Stage 5 In case of a negative decision, the reasons for the discrepancy between the physical condition of the chosen profession are indicated in the document. The original certificate is issued to the applicant, a copy is sent to the enterprise.
When is a medical examination required?
The labor legislation of the Russian Federation establishes a list of categories of applicants who must undergo a mandatory medical examination:
- minors;
- medical personnel;
- employees of customs, non-departmental and departmental security, police;
- representatives of the beauty industry (beauty salons, hairdressers, manicure, pedicure, cosmetology, tattoo parlors);
- shift workers;
- athletes;
- healthcare workers;
- judges;
- workers of dry-cleaners and laundries;
- employees associated with the food industry and catering;
- pedagogical and service personnel of educational institutions of all levels, including preschool ones.
For more information on who and how to send for a mandatory medical examination, see this video.
Medical examination payment
Paid medical examination when applying for a job in different variations:
- The enterprise concludes an agreement with a medical institution and makes payment by bank transfer, both for the initial medical examination and for periodic ones. To do this, a calendar plan for the passage of a medical examination is drawn up.
- Upon admission to work, the employee pays for medical services himself, and the employer guarantees him a refund with the first salary.
Often there are situations when the manager treats his promises irresponsibly and does not return the costs to the employee. Most often this happens if the applicant has not received a positive medical opinion. The employer takes advantage of the opportunity and motivates the refusal to return the money spent by the fact that an agreement has not been concluded with the employee. However, in both cases, it violates the requirements of the law.
Even if the contract is not concluded, the applicant is entitled to reimbursement of expenses. You need to know your rights and be able to defend them, if necessary, in court.
The whim of the employer
Sometimes situations arise when the manager forces the applicant to undergo a medical examination even at an enterprise where this is not required by law. On the one hand, this is a kind of concern for the health of the employee and the entire team, on the other hand, it is a violation of human rights.
To prevent such a case from escalating into a conflict, an employer who intends to achieve his goal should try to convince him to undergo a medical examination on a voluntary basis. An effective method is to offer payment for medical services at the expense of the company.
If a person does not agree, he has every right to do so. Any actions of the leader aimed at coercion are regarded as illegal.
Information for those who pay for medical services
The head of the enterprise, from the budget of which payment is made for the passage of primary and regular medical examinations by employees, must be aware of the legal requirements for such financial transactions. In accordance with the current legislation of the Russian Federation, the amount that is transferred to a medical institution is not subject to VAT. In addition to the accrual of insurance premiums, no other social fees are made.
In accounting, calculations for passing a medical examination are carried out in several ways, depending on a number of circumstances:
- in the case of payment for medical services according to invoices, it refers to gross expenses for ordinary activities;
- when paying for a medical examination by an applicant, reimbursement of funds refers to other transactions with personnel;
- the category of settlements with suppliers and counterparties includes an operation that is performed in accordance with the concluded agreement with a medical institution.
What to do with a denial of compensation?
When hiring, the applicant bears the corresponding costs of paying for medical services. Every employer knows that he is obliged to reimburse the costs. But there are cases when the applicant receives a categorical refusal, and the employer finds some arguments for this. The reason for this may be the lack of funds in the budget of the enterprise for compensation.
The applicant has every right to file a claim for reimbursement of costs with the judicial authorities. To do this, he must have documentary evidence of a violation by the employer.
You need to know your rights and be able to defend them. To do this, you must require a written refusal from the employer, because it will become the main evidentiary document.
The essence of the medical examination
Despite the ups and downs that arise with paying for a medical examination, it is worth paying attention to the essence of this event. It consists in taking care of the health of the people working at the enterprise. Thanks to the initial medical examination, it is possible to determine how much the physical condition of the employee allows him to cope with his duties at work. In addition, serious health problems are often revealed, the presence of dangerous diseases that a person did not suspect.
The essence of medical examination is also the prevention of certain diseases. On examination, the doctor can determine the predisposition to the disease. Here, the timeliness of the detection of causes that can cause disruptions in the functioning of internal organs plays a role. A person may not feel, for example, malfunctions in the thyroid gland, liver, or an increase in sugar levels, which can lead to diabetes.
In this regard, the employer must conclude that such measures justify any costs. He should be interested in healthy people working in his company, able to perform their duties effectively.
Job seekers, in turn, must remember their rights and also take care of their own health, the importance of which cannot be overestimated. In case of violation of the rights of the head, it is necessary to defend them resolutely. It must be remembered that you can always find support based on current legislation.
05.09.2019
Most specialists of various levels pass the primary medical examination when applying for a job.
In some cases, the employer, on his own initiative, sends the applicant for a medical examination.
But sometimes it is required by the Labor Law.
What is the name of the medical examination that takes place during employment?
What kind of medical examination do they undergo when applying for a job? The medical examination, which almost any person recovers upon entering a new job, is called the primary preliminary.
This examination is carried out in order to find out whether this person is capable of performing the work entrusted to him according to his physical and mental condition.
The list of doctors for a medical examination differs depending on the specifics of the work and some nuances.
For some groups of workers, the initial examination for employment is mandatory, while others undergo it at the request of the employer.
Article 69 and the Labor Code of the Russian Federation are considered the basis for the employer's requirements for passing a medical commission.
Is it mandatory or not to pass when entering the organization?
Upon admission to work, the employee is required to undergo a preliminary medical examination if the following conditions are met:
Moreover, if the position of the applicant is not included in the listed list, he has every right to refuse to undergo a medical commission -.
But on the other hand, everything depends on the internal documents of the company.
If the organization has an internal act on the mandatory passage of the commission of all new employees, then a medical examination will have to be passed or the device to be refused in this organization.
The employer has the right to refuse on the basis that the applicant does not want to undergo a medical examination. This will be legal, but only if there is an internal document or the profession is on the list of mandatory positions for passing a medical examination.
Who is required to pass?
The list of professions and jobs for which a mandatory medical examination is presented is not chosen by chance.
These are either professions associated with difficulties that require excellent health (for example, hazardous production or work in the Far North), or positions that require compliance with increased sanitary standards (working with food, with children, in trade).
Everyone knows that sellers must have health books.
This is a requirement of the Labor Law, without such a document, the employee does not have the right to start his immediate duties.
Otherwise, the employer will be fined. For officials and individual entrepreneurs - 5000. And for legal entities - 50 thousand rubles or the stoppage of the enterprise for 90 days.
The latter option is more often used when a large number of violations are detected.
If an employee forgot to undergo a medical examination on time, the employer has the right to dismiss him. At the same time, it is important that the employer, when hiring a person without, can suffer greatly.
This is especially true for individual entrepreneurs, who eventually paid large fines and went bankrupt.
Who pays under the Labor Code of the Russian Federation?
Another thing is that recently employers are increasingly recommending that employees undergo a medical examination at their own expense. People who have been unemployed for a long time or are interested in getting a specific position are forced to agree so as not to lose the vacancy.
The provision on payment for a medical examination by the employer is enshrined in Art. 212 of the Labor Code of the Russian Federation. According to this law, the employer has the right not to hire an employee who refused to undergo a medical examination, but at the same time he is obliged to fully reimburse the expenses for the initial medical examination if the employee himself passed it.
Important! The employer compensates for the costs of the medical examination only if the employee is eventually hired. At the same time, this is true for the case when a medical examination is not mandatory for an employee.
If the need to undergo a medical examination is prescribed by law, then the employer is obliged to reimburse the costs, regardless of the result of the examination.
A confirmation that the applicant has passed the medical examination will be a certificate - a medical report.
The certificate is valid for six months. If it is necessary to get a job in another organization, the applicant has the right to present a still valid certificate.
The responsibility of the employer for hiring a person without passing a medical examination, if it is required by law, is spelled out in Art. 5.27 of the Code of Administrative Offenses.
Where to get a medical examination?
In most cases, a commission for employment can be passed at the clinic at the place of residence of the job seeker.
The list of doctors may vary, but most often it is standard. In addition, after the clinic, you will have to visit a narcological dispensary and a psychiatric clinic to prove that the applicant was not registered either there or there.
This is an important condition for passing a medical examination for any enterprise.
How long is valid - expiration date
If this employment did not work out, then the applicant leaves a certificate of passing the medical examination in his hands. The validity period of the certificate is 6 months.
If during this time the applicant decides to get a job in another company, then there is an opportunity to use the already existing certificate.
Moreover, if it does not indicate any doctors that may be required during the initial medical examination in another organization, it will be enough to go through these specialists.
It is important that the validity of fluorography is one year, and it is not necessary to pass it earlier, the main thing is to leave the results on hand so that the clinic staff can detect and enter it at the next medical examination.
Which doctors should be visited?
The basic medical examination includes the following doctors, which you need to pass:
In addition, an ECG is mandatory, a urine test, blood test and fluorography are taken.
After the employer issues, the applicant must appear at the registry at the clinic.
There they will make an appointment with a therapist who will give directions for the necessary tests.
After all the test results have been received, all the specialists have been passed and there are marks from the narcologist and psychiatrist, you can return to the therapist who will issue a conclusion.
The cost of the procedure depends on where it takes place. State polyclinics will cost 2-3 thousand rubles, but there the period for passing a medical examination can last up to a week.
In private clinics, everything is faster, but it will also cost more.
Useful video
How to send an employee for a medical examination when applying for a job and for whom it is mandatory to undergo a medical examination is described in detail in this video:
conclusions
It is not always necessary to undergo a medical examination when applying for a job. But there is a list of professions that undergo such a procedure regularly and without fail.
These include doctors, salespeople, employees of government agencies and law enforcement agencies, drivers, and many others.
In addition, the employer's internal documents may indicate the need for any position to undergo a medical examination upon employment.
But in any case, the employer himself, and not the applicant, should pay for it. Otherwise, the employer will be held administratively liable.
During employment, not everyone thinks about how to pass a medical examination when applying for a job. In some enterprises, a preliminary inspection by specialists is not a necessary requirement.
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Other employers inform the person about this after he has passed the preliminary interview.
What you need to know
Medical examinations are of several types:
| Preliminary | Helps determine whether an employee's health will allow them to work. If the result is negative, the candidate is denied employment. Even after signing, the employer is obliged to familiarize himself with the conclusion of specialists. Only then the employee is allowed to perform his duties. When hiring, the medical board primarily concerns underage candidates and applicants for public office. For example, judges |
| Periodic | It is passed by those who work in special areas. Examination of doctors helps to identify occupational diseases at an early stage |
| Before shift | In specialized enterprises where the life of an employee or other people is endangered, a health check is carried out at the beginning of each shift. This is usually practiced in heavy and underground work. In the event of a sudden change in the health of a worker, doctors are required to examine the person, even after the shift. Such inspections are regulated by the order of the head of the enterprise. To prevent serious and dangerous diseases, visits to doctors occur at regular intervals. It might be once, twice a year |
| Extraordinary | The initiative can come from the employee himself or from the employer |
Obtaining a medical examination always requires labor and time.
Basic concepts
A medical examination is a visit to specialists and the delivery of the necessary clinical tests. Which specialists to pass for some cases is stipulated in the legislation of the Russian Federation.
At other enterprises, this issue is being coordinated by the head with the medical staff of the clinic.
Specialists of a medical institution give birth to each person who applied. It contains all the results of the survey.
A duplicate is issued to the worker. A health passport is similar to a medical card. For its safety, unlike the card of a medical institution, the person himself is responsible.
All information about the tests passed, the inspection passed must be entered in this document. There are times when a passport can be lost. It will be restored by the specialists of the medical institution, where all the examinations were carried out.
Why is it needed
Passing a medical examination before applying for a vacant position allows the employer to be aware of the mental and physical condition of the candidate.
This is important for the performance of a specific amount of work in certain working conditions. Managers of enterprises are interested in finding workers who are in good health and who do not have any contraindications.
Preliminary medical examination helps prevent the spread of many diseases.
This is one of the factors that reduces the likelihood of accidents that may be the result of inadequate actions of the working personnel. Thanks to this, the lives of customers and staff members are not endangered.
If during the performance of duties responsibility for the lives of others is assigned, there are sources of increased danger, risk, then the mandatory presence of a psychiatrist's opinion is necessary.
A special examination reveals the applicant's reaction to various influencing factors of future work conditions.
The reaction of his body is determined. For work involving thermal stress, it is necessary to determine the thermal stability of the candidate's body.
If, after passing a medical examination, a person was not given a positive one, then he is not suitable for a vacant position. Such persons are not allowed to work.
Mandatory visits to doctors' offices before employment benefits both the employer and the individual himself:
The legislative framework
In Russia, medical examination is regulated by a number of legislative documents that supplement or clarify the Labor Code of the Russian Federation. Establishment of conflicting norms and rules is not allowed.
The Labor Code is the main law. He lists the categories of workers who are required to undergo inspection. Article 213 covers the main provisions.
Minor citizens turn to specialists, regardless of where they want to work ().
The Labor Code of the Russian Federation requires all employees to visit doctors at the set time, to notify management in a timely manner of all changes related to their health, which may adversely affect the quality and safety of the work performed.
If a candidate for a certain position provides knowingly false results of a preliminary examination, the employer is obliged to him ().
Candidates for employment must take into account the requirements.
There are listed:
- harmful factors that indicate that work falls under the category of dangerous professions;
- diseases resulting from this work;
- medical professionals who are able to identify the relevant diseases.
Additionally, regulations may be issued:
- Ministry of Labor and Social Protection.
- Government of the Russian Federation.
Municipal authorities representing the authorities have every right to introduce additional requirements regarding inspection at certain enterprises.
Features of passing a medical examination when applying for a job
After the examination, each medical specialist decides on the suitability of a person for this work.
A general conclusion is drawn up regarding his professional suitability. All information is entered into the outpatient card of the candidate for the relevant position.
If the worker is recognized as meeting the necessary requirements, the conclusion is signed by the attending physician or the head of the clinic.
He can be admitted to work in this enterprise only subject to certain conditions. For example, if you have poor eyesight, be sure to wear glasses.
Those with hearing loss should wear a hearing aid. A note on individual needs is made in the issued document.
If the result of the medical examination is negative, the applicant cannot hold the specified position. The clinical expert commission notifies him of this by issuing a conclusion.
The employer also receives a copy of this document within three days. The employee is denied employment ().
Where to get direction
According to the legislation of the Russian Federation, visiting the necessary medical specialists when applying for a job is organized by the employer. From the enterprise, the applicant receives a referral to the clinic.
The document contains a list of harmful production factors that will affect the employee when performing the required task.
All companies are required to make prior arrangements with a specialized clinic.
When hiring new employees, the manager generates lists of candidates who are sent for inspection. A copy of the document is transferred to the regional department of SES.
The original is sent to the medical institution where the examination is planned. The employer and the medical representative agree on the deadlines for completing the task.
A commission is formed from medical specialists. If a person has already undergone an examination and has a medical book on hand, this will be enough for.
The document gives some insight into his physical and emotional state. Perhaps the employer will not have any doubts, and the applicant will be hired.
When there is no book, the company will issue a referral form for a medical examination to find out the health status of the employee.
The document must contain the following information:
- the name of the medical institution;
- applicant's personal data;
- candidate's profession;
- experience;
- proposed position;
- the nature of the medical examination;
- information about the insurance company;
- signature of the chief physician;
- clinic stamp;
- photograph of the specified dimensions.
Having received a referral signed, the applicant is obliged to visit the indicated clinic as soon as possible, pay for the services of specialists and begin a mandatory round of doctors.
Sometimes the question arises: “First, do I need to write a job application or pass a medical examination?”
If the internal rules of the company allow you to initially issue an application, then they do so. After receiving a referral for a medical examination.
Who must pass
In Russia, the Labor Code defines all relationships related to employment issues (, 213 of the Labor Code of the Russian Federation). There is no specific list of persons who are required to undergo a medical examination.
- under the age of majority (pass an annual examination until they reach the age of 18);
- applicants for places with harmful and life-threatening, health working conditions;
- future workers in trade, public catering, food industry (cafes, canteens, restaurants);
- educators of children in educational institutions (summer camps, orphanages, kindergartens, libraries);
- employees of medical institutions, water supply facilities;
- persons with a shift work method ();
- those who are sent on long business trips;
- planning to move to the Far North ();
- employees of public transport, paramilitary security;
- employees of gas and oil companies who work in hazardous climatic conditions;
- athletes ();
- dealing with optical instruments;
- civil servants (determine the acts of the relevant departments);
- persons who work most of the time underground;
- employees of companies such as travel agencies, nightclubs, beauty salons;
- pregnant women;
- those who spend a lot of time at the computer;
- specialists of hairdressing salons;
- workers of communal organizations;
- builders.
All those who fall under this list are required to submit a health book with the following data when applying for a job:
- Date of examination.
- Details of a medical institution.
- Clinic stamp.
A complete list of works that require a medical examination is given in Order No. 302n (Appendix 1 and 2). It is available in Rossiyskaya Gazeta.
Legal systems are also aware of it. For some professions, mandatory inspection is prescribed by industry rules and laws:
Where can I get tested
The decisions of medical specialists from clinics that have been issued a license to provide such services (issued by the health department of a particular region) have legal force.
Most often, this is a central (city, district, regional) medical facility. Paid clinics may also be licensed.
Having made a choice where to go to the doctors, you must contact the registry of this institution with the following documentation:
- identification;
- direction;
- health certificate, if any.
The receptionist will give you a list of doctors to visit and their office numbers.
List of doctors on the bypass sheet
The list of specialists determines a lot. Which doctors and tests are needed is decided taking into account the profession for which the applicant is employed.
Mandatory visit for all types of work:
- surgeon.
- Otolaryngologist.
- Therapist.
- Neurologist.
- Ophthalmologist.
This list is updated depending on the gender of the worker and the place of work:
- Women need an examination by a gynecologist, mammologist.
- Men visit a urologist.
- Food industry workers, educators, teachers go through a dermatologist and venereologist.
- Persons involved in activities that are associated with harmful substances, increased danger to health, must have a psychiatric examination.
In addition to visiting specialists, you will need to pass some tests and undergo an additional examination. What is included:
- Analysis of urine and blood.
- Biochemical blood test for cholesterol and sugar.
- Electrocardiogram.
- Fluorography.
- Mammography (women over 40).
- Measurement of blood pressure.
- Chemical-toxic tests for the presence of narcotic drugs, psychotropic substances (not for all professions).
- Chest X-ray.
- Analysis of smears (performed by a gynecologist).
Passage of the gynecologist
A visit to a mammologist and gynecologist is mandatory for almost all professions where women are employed.
This is a great opportunity to detect the development of dangerous diseases in advance, to prevent the spread of viral infections. This shows concern for the health of the population as a whole.
What is the cost of the procedures
The list of specialists for medical examinations can be quite extensive. Therefore, you have to stand in the hospital queues for a long time. This is a big time investment.
Contacting a paid clinic helps save precious minutes. But, there is also a negative point - it is expensive. The price ranges from 800 to 3 thousand rubles. Therefore, a reasonable question arises: "Who pays all the bills?"
Does the employer have to pay for the medical examination (reimbursement)
Article 212 and oblige the employer to pay all bills for the medical examination of the candidate for the position.
If a person is invited to carry out this procedure at his own expense, this is a clear violation of the law.
To compensate for the funds spent related to the medical examination, an application from the employee to the management will be required.
Attached to the document:
- Direction.
This amount will be reimbursed by the accounting department with the first advance payment or salary. The deadline is the day of payment of wages for the first month of work.
Is it necessary to go through the process?
Taking into account the laws of the Russian Federation, it is safe to say that passing a medical examination by specialists is a necessary requirement for a number of professions.
If this is not done:
- The employer will pay an administrative fine.
- The employee will not be allowed to work.
It is worth noting that in some cases the employer will decide whether a medical examination is needed. This applies to labor that does not require special health, does not fall under the list given in the legislation.
A medical examination is carried out by citizens who get a job in a particular company, as well as those who work there. The importance of this procedure is explained by the fact that the employer must be aware of the health status of his staff.
Referral for medical examination
The algorithm for passing a medical examination when applying for a job is regulated in detail in articles 212, 213 of the Labor Code of the Russian Federation. In particular, the law describes the frequency with which employees must undergo medical examinations, and also lists the duties of hired personnel in the field of labor protection. The time for passing the medical examination is paid by the employer.
Obligations of hired personnel in the field of labor protection:
- compliance with labor protection requirements;
- proper use of PPE;
- knowledge of first aid;
- immediate notification of the immediate superior about the facts that threaten the life and health of people.
According to Article 212 of the Labor Code of the Russian Federation, an employer may not allow employees to work if they have not passed a medical examination established by law. Article 213 of the Labor Code of the Russian Federation regulates the obligation of this procedure for employees who, in the course of work, are associated with hazardous production, working conditions recognized as harmful, and traffic. The direction for inspection is issued on the letterhead of the employer. Issued to the citizen. Refusal to pass doctors means that the job seeker does not fulfill the requirements of the employer. If the requirements of the boss are not fulfilled by the current employees, this means ignoring the duties of labor protection.
The examination of doctors is considered completed if the person has passed all the necessary specialists. And also if all the necessary diagnostic procedures were done to him. Based on the results of the inspection, the employee is issued a conclusion. The second copy of the conclusion remains in the clinic where the citizen underwent a medical examination, the first copy is given to the employer.
The referral form for a medical examination, both preliminary and periodic, does not have a strict, unified form. But there is a list of details that must be entered into this form by order of the Ministry of Health and Social Development of 2011, number 302N.
Requisites:
- name of the organization, enterprise, individual entrepreneur;
- form of ownership, activity code according to OKVED;
- name of the medical institution, its details;
- type of medical examination;
- surname, name, patronymic of the employee;
- date of birth of the employee;
- position, type of work;
- factors harmful to his health.
According to Article 212 of the Labor Code of the Russian Federation, an employer may not allow an employee to work if he has not passed a medical examination. Referring to the provisions of articles 121 and 157 of the Labor Code of the Russian Federation, it can be concluded that if a person did not visit doctors due to personal circumstances, downtime at work will not be paid by his boss. But if a person could not visit the clinic due to circumstances beyond his control, the downtime will also be paid.
The law indicates a mandatory medical examination of minors. In addition, the order of the Ministry of Health and Social Development under the number 302 identified hazardous factors of production. If people work in such industries, they are subject to preliminary, periodic examinations by doctors. It also defines the procedure for conducting these surveys. Persons who have not reached the age of majority are subject to mandatory medical examination prior to the execution of an employment contract. According to the law, it starts at the age of 18.
According to the decision of the Chief Sanitary Doctor of the Russian Federation under the number 118 of 2003, when hiring foreign citizens, they are required to provide the employer with a certificate that they do not have HIV infection.
Passing a medical examination
The form of referral for a medical examination to a future employee is issued until the moment of signing an employment contract with him. But the referral form itself cannot serve as proof that a person will definitely be hired, as well as passing a medical examination. If, based on the results of the examination, it is established that the candidate does not correspond to his position for health reasons, he will be denied further employment under Article 84, paragraph 3 of the Labor Code of the Russian Federation.
There are several types of inspections, which are mentioned in article 213 of the Labor Code of the Russian Federation:
- preliminary: until the signing of the employment agreement, before the employment itself;
- periodic: mandatory, after a certain period of time;
- extraordinary: they are established for a certain category of the population.
According to Article 213 of the Labor Code of the Russian Federation, citizens who come to get a job characterized by harmful, dangerous working conditions must undergo a medical examination before concluding an employment agreement. It's called preliminary. The same applies to people employed in the food industry.
The organization of a medical examination is the responsibility of the head of an enterprise or organization. He pays for the medical event. The algorithm of actions of the employer is as follows:
- Drawing up a list of employees who need to be sent for a medical examination. Within 10 days, this list is sent to the department of Rospotrebnadzor of the administrative district at the location of the employer.
- The conclusion of an agreement with a medical institution for the examination of employees of an enterprise, institution, organization. Agreement on the timing of the study.
- Drawing up, signing an order on the frequency of medical examination, the order of passage of all procedures. Employees get acquainted with the order at least 10 days before the start of the medical examination.
- Issuing referrals for medical examinations. These directions do not have a strict, unified form. Completed on the employer's letterhead. But any direction must have mandatory details.
- Collection of conclusions for each employee with the results of a medical examination. Two copies of the conclusion are issued. One remains with the researcher, the second - with the employer.
- Drafting of the final act. This takes a certain amount of time, at least up to 30 days. The act, signed and certified by a medical institution, organization, is sent to the territorial department of Rospotrebnadzor for the administrative district of the employer.
Employees must come for a medical examination at the center with which the employer has an appropriate agreement. The turnout must take place within a strictly specified time period. If the employee did not come for an inspection, the employer may remove him from work, not pay for downtime. But this can only happen if the employee did not appear for inspection without a good reason. If the reason is recognized as valid, then the downtime is paid. Downtime is paid in the amount of 2/3 of the average salary of a person. During a periodic inspection, employees visit several specialists and take tests. The list of doctors, diagnostic studies depends on the type of work, the presence of harmful factors in the workplace. Without fail, the commission includes an occupational pathologist and other specialists.
Who pays and reimburses the cost of a medical examination and a medical book
If the passage of a medical examination is required at the legislative level, the payment for the participation of the employee in such events lies with the employer. It does not matter what type of examinations it is: preliminary, regular. There are several options for such payment, for example, entering into an agreement with the medical center or self-payment by the employee for medical services and then providing the employer with a check.
In the process of passing the study, a medical book is issued for each citizen. This is a mandatory document that records the results of the examination, the conclusions of specialists. Forms of personal medical books belong to papers that are protected from forgery by level B. These forms are not commercially available, they cannot be freely purchased. The issuance of books is carried out by the territorial subdivision of the SES on the basis of applications received from enterprises.
If an employee is required to undergo a medical examination, then issuing a medical book is the responsibility of the employer. Like a work, a medical book is subject to storage at the enterprise where the person works. It is issued to a citizen only for the period of examinations. To control the safety of this document, a special journal is started.
Which organizations need to undergo a medical examination
The obligation to undergo medical examinations for certain categories of certain employees is established by the article of the Labor Code of the Russian Federation, in particular, 213. Mandatory medical examinations, including periodic ones, must be carried out by employees who are associated with harmful, dangerous working conditions. As well as workers who work in the field of transport, workers in the food industry, public transport, trade, water supply facilities, medical institutions, children's institutions.
According to article 213, part 4 of the Labor Code of the Russian Federation, harmful, dangerous production factors and work, in the course of which medical examinations (preliminary, periodic) are carried out, the algorithm for conducting examinations is determined by the authorized supreme executive authority.
Which doctors are examined during a medical examination
The list of specialists depends on the category of the employee, as well as other conditions of his labor activity. This includes the position of a person, his gender.
The algorithm for conducting a periodic medical study was approved by the Order of the Ministry of Social and Health Development under the number 302 of 2011. According to Article 5 of the first section of the said normative act, a medical examination must be carried out by members of a medical commission permanently operating in a medical institution. It includes:
- occupational pathologist;
- specialists, physicians who have completed advanced training courses and have a certificate in a particular specialty.
The list of specialists included in the commission is approved by the order of the chief physician of the medical center, other medical institution. The order is drawn up if the medical institution has an agreement with an employer, an enterprise whose employees undergo a medical examination.
Validity of medical examination and medical book
A medical book as a document does not have an expiration date. The validity of this document refers, rather, to a professional inspection. He confirms that the employee is healthy and can perform his duties without negative consequences. If a person does not pass the examination on time, he cannot perform his duties. For example, he can be contagious for his colleagues, pose a danger to them. Based on this, the examination should be carried out in an irregular manner, its results are recorded in the medical book.
There are two types of inspection intervals. One of them is when applying for a job. A person is being examined as a job seeker. Then the inspection is carried out by employees of the enterprise every year. They are issued a medical book by the employer. In the process of issuing a medical book, employees of an enterprise, institution, organization are required to take courses, they are called a sanitary minimum. These are hygiene courses. For them, there is also a frequency: once a year for employees who are associated with food, the educational system. For other employees - once every 24 months. The law defines the frequency of inspections for other categories of citizens.
