Organizations provide periodic inspection services. Choosing a medical institution for a medical examination. Commission decisions and final acts
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In accordance with this order, from January 1, 2012, lists of harmful and/or dangerous production factors and types of work are approved, in the presence and implementation of which mandatory preliminary (upon entry to work) and periodic medical examinations are carried out. At the same time, a new procedure for conducting them is being introduced.
At the same time, orders of the Ministry of Health and Medical Industry of Russia dated March 14, 1996 No. 90 and the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83, as well as paragraphs. 11-12 (with the exception of clauses 12.2, 12.11, 12.12) and clause 13 of Appendix No. 2 to the order of the USSR Ministry of Health dated September 29, 1989 No. 555, regulating the requirements for organizing and conducting m/o to the present day, have lost strength.
The new order established the employer’s obligation to organize medical examinations of employees, and also determined the responsibility of the medical organization for the quality of their conduct.
Purposes of medical examinations, list of factors and list of works, requirements for medical services. organizations entitled to conduct medical examinations have not changed.
Medical examinations are carried out on the basis of lists of occupations approved by the employer and lists of employees' names compiled on their basis.
Workers exposed to harmful production factors specified in the list of factors, as well as harmful production factors, the presence of which was established based on the results of certification of workplaces for working conditions, carried out in the prescribed manner, are subject to inclusion in the contingent and name lists.
Name lists, directions, calendar plans
The contingents, as well as the lists of names compiled on their basis, are compiled and approved by the employer or his authorized representative. No later than 2 months before the start date of the periodic examination agreed with the medical organization, they must be sent to the specified medical organization. Now the employer’s responsibility is only to send the list of occupations to the territorial body of Rospotrebnadzor at its actual location within 10 days after its approval.
When conducting medical examinations, the employer or his authorized representative is obliged to hand over signature to each employee for a preliminary or periodic medical examination. The employer is responsible for keeping records of referrals issued to employees.
The medical organization, within 10 days from the date of receipt of the name list from the employer, but no later than 14 days before the start date of the periodic medical examination agreed with the employer, draws up a calendar plan for such an examination based on the specified name list. The calendar plan must be agreed upon with the employer or his representative.
The plan is approved by the head of the medical organization. The employer is obliged to familiarize employees with the calendar plan no later than 10 days before the start date of the periodic examination agreed with the medical organization.
Medical commission
When concluding an agreement with an employer to conduct a preliminary or periodic examination, a medical organization must form a permanent medical commission, which includes an occupational pathologist, as well as doctors who have undergone advanced training in the specialty “occupational pathology” in the prescribed manner.
The medical commission should be headed by an occupational pathologist. The composition of the medical commission must be approved by order of the medical organization.
The medical commission, based on a list of names, a list of factors and (or) a list of work, determines the need for participation in preliminary and periodic examinations of relevant specialists, as well as the types and volumes of necessary laboratory and functional studies.
When conducting preliminary and periodic medical examinations, all subjects are required to undergo the following studies:
General blood test (hemoglobin, color index, red blood cells, leukocytes, leukocyte formula, ESR);
- general urine analysis (specific gravity, protein, sugar, sediment microscopy);
- electrocardiography;
- radiography of the lungs in two projections or fluorography;
- biochemical screening (blood sugar, cholesterol levels).
All women are examined by an obstetrician-gynecologist. At least once a year they conduct bacteriological (for flora) and cytological (for atypical cells) studies. Women over 40 years old should have a mammogram or ultrasound of the mammary glands once every 2 years.
The conclusion of a psychiatrist and narcologist is mandatory for all categories of subjects
Outpatient cards and health passports
For an employee undergoing preliminary or periodic medical examinations, the medical organization issues an outpatient medical card (form 025/u-04), a health passport, as well as a conclusion based on the results of the medical examination.
For each employee, 1 health passport is issued, which is kept in the medical organization for the period of medical examinations, and upon completion, along with a copy of the medical report, they are given to the employees.
Medical cards are stored in accordance with the established procedure in a medical organization that carries out preliminary and periodic medical examinations.
Information from the medical record containing the results of examinations by specialists, laboratory results. and instrumental studies are included in the health passport.
Commission decisions and final acts
Within 3 calendar days after the completion of the preliminary medical examination and within 15 days from the date of completion of the periodic medical examination, the medical commission makes a decision and issues a medical report based on its results.
Information about employees who have undergone a preliminary medical examination and who have identified contraindications for the profession are sent to the employer who issued the referral.
Based on the results of medical examinations, the medical organization, no later than 30 days after the completion of periodic medical examinations, summarizes the results and, together with the territorial bodies of the federal executive body authorized to exercise state control and supervision in the field of ensuring the sanitary and epidemiological well-being of the population, representatives of the employer draw up a final act. One copy of it must be kept in the medical organization that conducted periodic medical examinations for 50 years.
In the event of liquidation or change of a medical organization that carries out medical examinations, the workers’ medical records are transferred to the occupational pathology center of a constituent entity of the Russian Federation. They must also be stored there for 50 years, and based on a written request from another medical organization with which the employer has entered into an agreement to conduct medical examinations, within 10 days from the date of receipt of the request, transfer the employees’ medical records (a copy must be attached to the request agreement).
Special cases
Workers engaged in work with harmful or dangerous substances and production factors, workers who have a preliminary diagnosis of an occupational disease, and other categories of workers, if an appropriate decision is made by a medical commission, must undergo periodic examinations at occupational pathology centers at least once every 5 years. and other medical organizations that have the right to conduct preliminary and periodic medical examinations, conduct an examination of professional suitability and an examination of the connection of the disease with the profession.
At least once a year in occupational pathology centers or other medical organizations, workers suffering from acute and chronic diseases must undergo medical examinations. occupational diseases.
State supervision (control) over compliance with the requirements for organizing and conducting preliminary (when applying for a job) and periodic medical examinations of workers is carried out by the federal executive body, which is entrusted with the functions of control and supervision in the field of ensuring the sanitary and epidemiological well-being of the population, within the limits of existing powers.
Read also:
- "On the organization of the work of the department of paid services for preventive medical examinations in Clinical Hospital No. 1." Order No. 589 of 10/09/2015
- "On amendments to the hospital order dated October 09, 2015 No. 589 “On organizing the work of the department of paid services for preventive medical examinations”
- "On the organization of the work of the department of paid services for preventive medical examinations in Clinical Hospital No. 1." Order No. 589 of 10/09/2015
- "On amendments to the hospital order dated October 09, 2015 No. 589 “On organizing the work of the department of paid services for preventive medical examinations”
- Conducting medical examinations of employees of enterprises and institutions
- Preventive medical examination (brief information for citizens)
- The procedure for conducting pre-shift, pre-trip and post-shift, post-trip medical examinations
- Order of the Ministry of Health of Russia dated December 5, 2014 No. 801n "On introducing amendments to Appendices No. 1 and No. 2 to the order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011 No. 302n "On approval of lists of harmful and (or) hazardous production factors and work, during the performance of which are carried out about
Yulia Egorova talks about the new rules for medical examinations
The law obliges
Recently, in connection with the active social policy of our state, such a form of health care as a preventive medical examination is becoming increasingly relevant.
The Labor Code defines groups of people for whom medical examination is mandatory.
Labor Code of the Russian Federation Art. 213 (extract):
Workers engaged in heavy work and work with hazardous working conditions<…>undergo mandatory preliminary (upon entry to work) and periodic medical examinations to determine the suitability of these workers to perform the assigned work and prevent occupational diseases.
Workers<…>medical and preventive care and children's institutions<…>undergo the specified medical examinations (examinations) in order to protect public health and prevent the occurrence and spread of diseases.
An important point reflected in Article 213 of the Labor Code is that carrying out preventive examinations of these groups of workers is the responsibility of the employer and is carried out at his expense, during working hours and with the preservation of wages. The state supports this using the “carrot and stick” method. Gingerbread is a preferential taxation of amounts spent by the employer on conducting medical examinations. Whip is an administrative liability under Article 5.27 of the Code of Administrative Offenses of the Russian Federation for officials guilty of violating labor laws.
What to do with the mandatory medical examination if, according to the law, medical examinations and interventions cannot be carried out without consent, and even more so against the will of the patient?
Preventive examination is mandatory only for certain groups of workers in order to protect public health. Employment in such responsible work can only be voluntary, and consent to preliminary and periodic medical examinations is assumed to be automatic upon signing an employment contract, which most often includes a clause on undergoing examinations as an essential condition.
What has changed in the medical examination?
Until 2012, medical examinations were regulated by several orders, some of which were issued back in Soviet times. Since January 2012, Order of the Ministry of Health and Social Development of Russia No. 302n dated April 12, 2011 “On approval of lists of harmful and (or) hazardous production factors and work...” came into force. At the moment, this order and its annexes are the main regulatory framework for carrying out preventive examinations, and previously existing orders have been canceled since 2012.
Compared to the old procedure for conducting medical examinations Several fundamental differences emerged.
1. Now only an occupational pathologist should head the medical commission, and the commission’s medical specialists need advanced training in the field of occupational pathology.
2. The principles for compiling lists of workers sent for medical examinations have changed. If previously employees were included in the list depending on their position, now an employee can be added to this list only on the basis of certification of the workplace, which must be carried out in accordance with another order of the Ministry of Health and Social Development of Russia (No. 342n dated April 26, 2011 “On approval of the Procedure for certification jobs according to working conditions"). That is, even if a person works at a uranium mine, but the employment contract does not indicate a workplace certification card, then he does not need to undergo a medical examination, and he has no medical contraindications to work.
3. A psychiatrist and a narcologist are included in the medical commission; their examination is now mandatory for everyone undergoing a medical examination, and not just for those who are hired or have access to drugs, as was previously the case.
These innovations can generally be considered positive, especially if medical examinations of employees are not reduced to a formality, as, unfortunately, sometimes happens. The emphasis on occupational pathology increases the preventive value of medical examination, and preventing persons with alcohol or drug addiction from dangerous work will certainly reduce the level of injuries in the workplace.
Health passport
The so-called “health passport” is also gradually being introduced into practice - a document of the established form, a sample of which can be found at the link medexx.ru. The passport contains information about employees undergoing medical examinations; during the examination, it is kept in the medical organization, and after it is given to the employee.
The introduction of health passports does not cancel personal medical records. The procedure for issuing a medical book is regulated by Rospotrebnadzor Order No. 402 of May 20, 2002 “On a personal medical book and sanitary passport,” which continues to be in effect. In addition, the lists of workers required to have a health passport and a medical book are somewhat inconsistent, and employees of children's health care institutions are required to have both. Of course, in this case, you can undergo an annual medical examination, recording the examination results in both documents. You can learn more about medical books and who needs them on the website of the Moscow Center for Hygiene and Epidemiology http://www.mossanexpert.ru
Organization of medical examination of employees
According to the order, now only a medical institution that has received the appropriate license can provide medical examination services. At the same time, the institution must have a permanent medical commission under the leadership of an occupational pathologist. Therefore, the natural desire for every health worker to undergo a medical examination directly at the place of work, unfortunately, is not feasible if the establishment does not have the appropriate license.
The same is true with analyses. For an organization performing a medical examination, there is no regulatory document prohibiting the use of the results of tests and examinations performed in other medical institutions. But, given that this is a paid service, it is unprofitable and quite risky for medical institutions to accept third-party results, since they can be falsified. Unfortunately, it is also impossible to undergo a medical examination privately - where you prefer - because the employer must organize a centralized medical examination and provide the medical organization with a list of employees, data on the certification of workplaces and harmful factors of production. Moreover, the medical organization must summarize the results no later than a month after the completion of the periodic medical examination. Then, together with the territorial bodies of the federal executive body authorized to exercise state control and supervision in the field of ensuring the sanitary and epidemiological well-being of the population, and representatives of the employer, the medical institution draws up a final act.
Our medical examination or medical examination of doctors
Let's talk about the features of medical examinations for health workers. According to paragraph 17 of Appendix No. 2 to Order No. 302n, medical personnel of all medical institutions must undergo a preventive medical examination annually. The “program” of the medical examination is presented in Table 1.
Consultations and examinations | Who passes | How often to go |
---|---|---|
therapist, psychiatrist, narcologist, dentist, dermatovenerologist*, otorhinolaryngologist* | All | 1 time per year |
clinical blood test (hemoglobin, color index, red blood cells, platelets, leukocytes, leukocyte formula, ESR) | All | 1 time per year |
Clinical urine analysis (specific gravity, protein, sugar, sediment microscopy) | All | 1 time per year |
biochemical screening (content of blood serum glucose, cholesterol) | All | 1 time per year |
blood test for syphilis | All | 1 time per year |
smears for gonorrhea | All | 1 time per year |
neurologist, ophthalmologist, allergist, endocrinologist, oncologist | health workers whose work is associated with exposure to chemical, physical and biological unfavorable factors | Once a year or once every 2 years - according to Appendix No. 1 to Order No. 302n** |
blood test for hepatitis B and C, as well as HIV | only workers who have professional contact with infected material or blood products, and only with the consent of the worker | 1 time per year |
studies for carriage of intestinal pathogens and serological examination for typhoid fever | All | upon admission to work and in the future - according to epidemiological indications |
helminthiasis tests | All | upon entry to work and thereafter - at least once a year or according to epidemiological indications |
swab from the throat and nose for the presence of pathogenic staphylococcus | All | upon starting a job and thereafter - once every 6 months |
* The inclusion of a dermatovenerologist and an otorhinolaryngologist in the medical examination commission for medical workers is based on frequent professional contact with various types of allergens. On the recommendation of these specialists, further examination may be prescribed in the form of specific allergy diagnostics, examination of external respiration function and consultation with an allergist. ** Appendix No. 1 to Order No. 302n also indicates additional medical contraindications for work associated with unfavorable factors, such as hypochromic anemia, benign neoplasms, microcirculation disorders of any nature.
The result of the medical examination
If the examinee does not have any health problems, the occupational pathologist makes a conclusion about suitability for the work performed. But what if a medical examination reveals any diseases? The full list of contraindications is quite extensive and is contained in paragraph 48 of Appendix No. 3 to Order No. 302n.
It must be said that many of the points when applied to medical workers are controversial. For example, how stable angina pectoris, post-infarction cardiosclerosis, drug-compensated epilepsy, widespread ichthyosis, or even early stage cancer can interfere with the performance of a therapist’s duties is personally unclear to me.
Of course, for emergency work in the ambulance, operating room, emergency department and similar areas, good health is necessary, but for routine appointments and consultative work, such requirements seem to me to be excessive. If all the contraindications listed in this list are observed in detail, medicine risks losing a large number of older specialists, whose knowledge and experience are of great value, despite the imperfect state of their health.
Mandatory participation in a medical examination by an occupational pathologist involves identifying the connection between detected diseases and professional activities. If an occupational disease is suspected, the medical organization issues the employee a referral to an occupational pathology center or a specialized medical institution that has the right to conduct research regarding the connection of the disease with the profession. Such a medical institution also draws up and sends, in the approved manner, a notice of establishing a preliminary diagnosis of an occupational disease to the territorial body of the federal executive authorities authorized to exercise state control and supervision in the field of ensuring sanitary and epidemiological well-being.
The employer, if medical contraindications are discovered, is obliged to remove the employee from the work he is performing or provide him with another one that is not contraindicated for him due to health reasons. At the same time, at the first stage, the employer is obliged to offer the employee available vacant positions, and then, by the decision of the employee himself, an additional agreement to the employment contract on the transfer is drawn up or, in case of refusal, the removal procedure provided for in Article 76 of the Labor Code of the Russian Federation is applied. In this case, wages for the period of release from work duties are not accrued, but the place of work and position are retained. If the period for which the employer is forced to suspend an employee for medical reasons exceeds four months, then the employee is subject to dismissal under Art. 77 Labor Code of the Russian Federation.
Some difficulties when undergoing a medical examination may arise for employees who have a disability for any reason. Along with the referral for a medical examination, it is better for them to provide the conclusion of the next medical and sanitary examination, so that the commission can make a decision on admission to work.
There is something to strive for
Much attention is paid to the legal regulation of preventive medical examinations: clear rules for their conduct are defined, a list of works is given that require a medical examination, outdated orders are canceled, and centralized control over the conduct of examinations is introduced. However, perfection has not yet been achieved. The most reasonable thing would probably be to issue a separate order on preventive examinations of medical personnel and somewhat soften the list of contraindications for working in medicine.
If a candidate refuses to undergo a mandatory medical examination, can he be hired?
No you can not.
Which employees who work in difficult conditions are required to undergo a full medical examination annually?
Persons under the age of 21.
Who should pay for the mandatory medical examination - the employee or the employer?
Employer.
On January 1, 2012, a new Procedure for conducting mandatory medical examinations1 came into force, namely:
- a list of harmful, dangerous production factors during which medical examinations are carried out (hereinafter referred to as List 1);
- list of works during which medical examinations of workers are carried out (hereinafter referred to as List 2);
- the procedure for conducting preliminary and periodic medical examinations of workers engaged in heavy work and work with harmful, dangerous working conditions (hereinafter referred to as the Procedure).
Let's compare the norms of the current order and the documents canceled by it. Let's find out how ordinary production factors can be considered harmful and dangerous. We will find out why periodic examinations of employees are carried out and which employees are subject to mandatory medical examination.
Change 1. The purpose of medical examinations is determined
The purpose of medical examinations has changed. Previously, they were carried out to identify and compensate for harm caused to employee health. Now their main task is prevention, prevention and early detection of diseases. Let's find out why medical examinations are needed.
Mandatory preliminary medical examinations (hereinafter referred to as preliminary examinations) are carried out upon admission to work in order to determine, before concluding an employment contract, whether a candidate can apply for a position for health reasons, as well as for the purpose of early detection and prevention of diseases. Mandatory periodic medical examinations (hereinafter referred to as periodic examinations) are carried out throughout the entire period of work in the organization in order to (clause 3 of the Procedure):
- monitor the health status of workers and promptly identify diseases (including occupational ones);
- detect early signs of the impact of harmful, hazardous production factors on the health of workers, form risk groups;
- identify diseases that are medical contraindications for continuing work;
- timely carry out preventive and rehabilitation measures to preserve the health and restore the working capacity of workers;
- promptly identify, prevent the spread, and carry out prevention of infectious diseases;
- prevent accidents at work.
Attention!
Some documents that regulated the procedure for conducting mandatory medical examinations before January 1, 2012 have become invalid.
Related documents
Document | Will help you |
Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n “On approval of lists of harmful and (or) hazardous production factors and work, during which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the Procedure for conducting mandatory preliminary and periodic medical examinations ( examinations) of workers engaged in heavy work and work with harmful and (or) dangerous working conditions" (hereinafter referred to as Order No. 302n) | Familiarize yourself with the list of harmful, dangerous production factors and work, during which mandatory preliminary and periodic medical examinations are carried out, and the Procedure for conducting mandatory preliminary and periodic medical examinations of workers engaged in heavy work and in work with harmful, dangerous working conditions |
Articles 69, 76, 212, 213, 266 of the Labor Code of the Russian Federation | Find out what the rules for passing medical examinations are for employees and employers |
Change 2. Production factors and types of work for which medical examinations are mandatory have been established
Mandatory preliminary and periodic medical examinations must be carried out by workers who are exposed to harmful production factors (indicated in List 1) and perform certain types of work (included in List 2). An employee must be sent for a medical examination if his work involves:
- chemical factors (for example, allergens, carcinogens, nitrogen, sulfur, copper, gold, silver, tin, mercury, lead and their compounds);
- biological factors (for example, enzyme preparations, biological toxins);
- physical factors (for example, ionizing, ultraviolet radiation; electric, magnetic field; vibration, ultrasound);
- factors of the labor process (for example, physical and visual overload).
Example
Alt LLC produces pharmaceutical products using harmful chemicals. Accounting and HR employees are located in a separate building, but on the same territory. To determine whether they were exposed to harmful effects or not, workplaces were certified. As a result, it was found that the content of chemical substances in the air was normal. There is no need to carry out mandatory medical examinations due to exposure to chemical factors.
Attention!
Responsibilities for organizing preliminary and periodic examinations of workers are assigned to the employer (Article 212 of the Labor Code of the Russian Federation)
It is also necessary to send employees for medical examinations, for example, if they work at heights, under water, underground, in the Far North, in paramilitary security, cash collection, or rescue services; in the food industry, in the field of public catering; in medical institutions, maternity hospitals, hospitals; in educational and children's health organizations; in consumer service organizations, swimming pools.
Example
The Volna children's camp is looking for a Human Resources Inspector. All employees of children's health organizations must undergo preliminary medical examinations upon entry to work (clause 19 of List 2). Therefore, the administration allowed the personnel officer to work only after passing a medical examination.
Persons who are required to undergo medical examinations
Persons subject to medical examination | Type of medical examination | Purpose of the medical examination | Base |
Persons under 18 years of age | Preliminary (up to 18 years old - annual) | Articles 69, 266 of the Labor Code of the Russian Federation | |
Those entering work with difficult, harmful, dangerous working conditions | Preliminary | Determine health status for suitability for work | Part one art. 213 Labor Code of the Russian Federation |
Applying for jobs related to traffic | |||
Those employed in hard work, with harmful and dangerous working conditions | Periodic (up to 21 years - annual) | Determine health status for suitability for work and prevent occupational diseases | Part one art. 213 Labor Code of the Russian Federation |
Workers involved in traffic-related work | |||
Employed in the food industry, public catering and trade, water supply facilities, health care, child care institutions, etc. | Preliminary and periodic | Protect public health, prevent the occurrence and spread of diseases | Part two art. 213 Labor Code of the Russian Federation |
whose work is associated with sources of increased danger, working in conditions of increased danger | Psychiatric examination at least once every five years | Determine suitability for work based on mental health conditions, as well as for work in high-risk conditions | Part five art. 213 Labor Code of the Russian Federation |
Change 3. Specifies the specialists conducting medical examinations and the requirements for them
According to the previously existing procedure, the main person conducting preliminary and periodic examinations was the attending physician (for example, a general practitioner at a health center, workshop, or family doctor).
The new procedure establishes that to conduct medical examinations, a medical institution forms a medical commission, which includes an occupational pathologist, as well as medical specialists who have undergone advanced training or have a certificate in the specialty “occupational pathology” (clause 5 of the Procedure).
Which specialist should additionally examine workers depends on the harmful production factor or type of work. For example, if an employee is exposed to thermal radiation, then the medical commission must include a dermatovenerologist, neurologist and ophthalmologist (clause 3.10 of List 1); if an employee performs work under water, then he must be examined by a neurologist, otolaryngologist, ophthalmologist, surgeon and dentist ( clause 11 of List 2). In all cases, the medical commission is headed by an occupational pathologist.
Change 4. The procedure for identifying harmful factors in the workplace has been determined
With the introduction of the new Procedure, production factors may be recognized as harmful based on the results of workplace certification. As a source of information about the presence of harmful factors, the results of laboratory tests obtained as part of control and surveillance activities and production laboratory control can be used. “Harmfulness” can be identified on the basis of operational, technological and other documentation for machines, equipment and raw materials that the employer uses in its activities (clause 19 of the Procedure).
Example
During the certification of workplaces in workshop No. 2, a harmful factor was identified - production noise. The commission indicated in the workplace certification cards the need to conduct medical examinations once a year.
If the organization has not carried out workplace certification, but employees perform work specified in List 2 or associated with harmful factors in List 1, then all employees must be sent for medical examinations.
Example
Dokon LLC opens the production of building materials using natural asbestos, clay and cement (clause 1.1.4.3 of List 1). Since workplace certification had not yet been carried out, all employees entering work were sent for a preliminary medical examination.
Change 5. Requirements for medical institutions have been established
Preliminary and periodic examinations can be carried out by medical organizations of any form of ownership, if they have permission to conduct them, as well as for examination of professional suitability (clause 4 of the Procedure). At the same time, the new Procedure does not indicate whether a medical institution must have a license, as was provided for by previously existing regulations.
Let's look into this issue. Medical activities are included in the list of services for which licenses are required2. In order for a medical organization to conduct examinations, the license must have an annex that will indicate a list of services, including medical examinations (preliminary, periodic)3. Therefore, it is necessary to obtain a license for this type of activity.
LAW VERSUS PRACTICE
On practice
Employers often conduct medical examinations of their employees in their own medical center (for example, pre-trip medical examinations of drivers) without obtaining a license for this activity4.
In law
Medical activities are licensed2. The licensing legislation does not provide for any exceptions for medical examinations that the employer organizes for his own needs.
What happens if…
If an organization provides medical examination services for third-party organizations, it may be held administratively liable under Part 2 of Article 14.1 of the Code of Administrative Offences: for officials a fine of 4,000 to 5,000 rubles is provided, and for legal entities - from 40,000 to 50,000 rubles . At the same time, it is difficult to attract an employer to conduct medical examinations without a license only for its employees.
4 The legality of such actions was confirmed by a resolution of the Federal Antimonopoly Service of the North Caucasus
District dated August 5, 2009 No. A53-3470/2009.
REMEMBER THE IMPORTANT THINGS
Note the experts who took part in the preparation of the material:
Ekaterina PROKHOROVA,
lawyer, deputy editor-in-chief of the magazine “Personnel Business”:
– The purpose of medical examinations has changed. Previously, they were carried out to identify and compensate for harm caused to employee health. Now their main task is prevention, prevention and early detection of diseases.
Ekaterina KUZNETSOVA,
Deputy Head of the Labor Safety Department of the Research Institute of Labor and Social Insurance (Moscow):
– Production factors may be recognized as harmful based on the results of workplace certification. In addition, the results of laboratory tests obtained as part of control and surveillance activities and industrial laboratory control can be used as a source of information about the presence of harmful factors.
Diana KONKOVA,
Advisor to the Department of Legal Regulation in the Sphere of Labor of the Legal Directorate of the Federal Service for Labor and Employment (Moscow):
– Medical activities are included in the list of services for which licenses are required. In order for a medical organization to conduct examinations, the license must have an annex containing a list of services, including medical examinations (preliminary, periodic).
1 Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n “On approval of lists of harmful and (or) hazardous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the Procedure for conducting mandatory preliminary and periodic medical examinations (examinations) of workers engaged in heavy work and work with harmful and (or) dangerous working conditions.”
2 Subclause 46, clause 1, art. 12 of the Federal Law of May 4, 2011 No. 99-FZ “On licensing of certain types of activities.”
3 Based on clause 10 of the Regulations and the List, approved by Decree of the Government of the Russian Federation of January 22, 2007 No. 30.
- Occupational safety, accident prevention
A mandatory document for entrepreneurs operating in the field of transport transportation becomes pre-trip medical examination license.
All drivers are required to undergo a pre-trip inspection. Federal Law “On Road Traffic Safety” dated December 10, 1995 N 196-FZ (latest edition), including employees who do not take part in transport operations, but simply drive a company car.
Issues licenses in Moscow Department of Health, where a special department has been created. In the Moscow region everything happens exactly the same - Ministry of Health, Licensing Department.
Other municipalities in the country have their own Departments of Health with departments for licensing medical activities. Manages the process Ministry of Health of the Russian Federation.
Roszdravnadzor maintains a register of licensed organizations and entrepreneurs. It is possible on the official website of the department.
Who needs it?
Order of the Ministry of Health of the Russian Federation (Ministry of Health of Russia) dated December 15, 2014 N 835n, clearly states that it can be obtained by both small transport companies and huge companies.
She is needed IP And organizations who need to conduct pre-trip and post-trip medical examinations. A certified employee will:
- blood pressure measurement;
- measures body temperature;
- visual examination of the skin, oral mucosa, eyes;
- alcohol and drug test;
- interview for mental state;
- general health assessment.
Important! All data is entered into a special journal. The doctor must record deviations from the norm in the employee’s medical record. Upon successful completion of the medical examination, a corresponding mark is placed on the waybill, indicating full professional compliance.
Requirements
There are certain rules regarding the office and medical devices, according to the Decree of the Government of the Russian Federation No. 291 of April 16, 2012 “On licensing of medical activities”, Order of the Ministry of Health of the Russian Federation No. 121N of April 11, 2013, Order of the Ministry of Health of the Russian Federation of December 15, 2014 city N 835n.
Room
- the room should be located in a convenient location, with good natural light;
- area of at least 12 sq.m;
- the presence of a sink with a running water tap is required;
- the office is additionally illuminated with daylight lamps;
- wardrobe for outerwear.
Equipment
![](https://i0.wp.com/znaipravo.com/wp-content/uploads/2018/05/doctors-office-2610509_640.jpg)
- two phonendoscopes, a bactericidal lamp;
- several thermometers;
- two devices for measuring A/D, two breathalyzers;
- at least ten test strips for rapid drug analysis;
- detailed information about the equipment - brand, model, year of manufacture, copies of product certificates;
- copies of contracts for .
The requirements are simple, but necessary.
Read about the requirements for premises and equipment in the article at the link.
Necessary documents to obtain permission
It all starts with simple requirements. The entrepreneur provides:
- diploma of education;
- receipt of payment of state duty;
- business certificate.
In turn, each item listed in the list above requires its own package of documents. Posted below a complete list of certificates, copies and receipts required by Roszdravnadzor:
- copy of the OGRN, TIN;
- a notarized copy of the company's charter;
- fresh extract from the Unified State Register of Legal Entities;
- copy of the inspection report SEZ;
- a copy of the premises rental agreement;
- payment receipt state fees (RUB 7,500);
- copies of personal documents of employees - passport, tax identification number, certificates, diplomas, pension certificate.
To the head of the company
It is necessary to present a diploma of higher medical education in the specialty “General Medicine”. If there is none, then a diploma from the deputy head of the company for medical affairs is presented.
Office employees
- Certificate for conducting pre-trip examinations directly by a paramedic or doctor working in the office with drivers.
- Diploma of education (higher or secondary medical).
- Certificate from the Drug Dispensary confirming completion of the training program on conducting pre-trip and post-trip inspections.
Receiving algorithm
- We receive detailed advice from Roszdravnadzor (if necessary).
- We collect the specified documents into a single package.
- We receive a conclusion from the SEZ on the sanitary condition of the premises.
- We transfer the package to Roszdravnadzor.
- We are expecting an inspection by the licensing department staff to identify any shortcomings.
- We get a license.
Reference! The finished package can be provided in person to Roszdravnadzor, or sent by email, courier or Russian Post. Any of the options is acceptable.
The review period provided for by law is 45 days..
It is worth taking into account the fluid nature of legislation. The list for submission to Roszdravnadzor may be increased at any time.
There are a number of law firms that, with pleasure and professionalism, will solve your problems in a shorter time, eliminating tedious routine work. But for a certain amount of money.
Validity, renewal and suspension
The validity period is not limited by law. Federal Law of May 4, 2011 N 99-FZ (as amended on December 30, 2015, as amended on January 1, 2017).
Suspension of license perhaps if there are flagrant violations of the law. It is prohibited to work until the deficiencies are completely eliminated.
Possible variant - renewal of license in connection with a change in the owner’s passport data, detection of inaccuracies, change of legal address, etc.
Work without permission
Claims from official bodies are possible if licensed medical examinations are not carried out. There is liability for allowing a driver to work while intoxicated. Any disputes are resolved in court
Attention! The fines are substantial for allowing drivers to work who do not comply with the law. Previously, fines reached the level of 30-50,000 rubles. You just need to know that they are growing.
More details can be found in the article at the link.
Having managed to present a well-equipped office and a complete package of documents, you will easily receive permission to organize a pre-trip medical examination.