The procedure for passing a medical examination when applying for a job. The procedure for passing a preliminary medical examination when applying for a job

In some cases, employment is allowed only on condition that a mandatory preliminary medical examination has been passed in the manner and under the conditions determined by labor legislation. This is provided in order to protect the health of both the workers themselves and the public. It is the responsibility of the employer to carry out such inspections. However, in practice, there are distortions both in one direction and in the other: either examinations are not carried out when they should be done (and this is established by law), or vice versa - everyone is forced to undergo a medical examination, including those when it is not necessary, and even in violation of workers' rights.
Today we will try to figure out in which cases it is necessary to conduct preliminary medical examinations when applying for a job.

Persons subject to mandatory preliminary medical examination

Within the meaning of Art. 69 of the Labor Code of the Russian Federation, a mandatory preliminary medical examination (examination) at the conclusion of an employment contract must be carried out by persons who can be conditionally divided into three groups:
- persons under the age of 18;
- persons in cases provided for by the Labor Code of the Russian Federation;
- other persons provided for by other federal laws.

The Labor Code of the Russian Federation singles out persons under the age of 18 to a separate group, which is due to the peculiarity of the development of their body. A similar rule is contained in Chapter 42 of the Labor Code of the Russian Federation, referred to as "Peculiarities of labor regulation of workers under the age of eighteen years." According to Art. 266 of the Labor Code of the Russian Federation, persons under the age of 18 are hired only after a preliminary mandatory medical examination (examination), which is carried out at the expense of the employer.

The next group of persons who are required to undergo mandatory preliminary medical examinations (examinations) upon admission to work, provided for by the Labor Code of the Russian Federation, is classified depending on the purpose of the medical examination. Conventionally, they can be divided into groups.

First group- persons employed in heavy work and in work with harmful and (or) dangerous working conditions (including underground work), as well as in work related to traffic.

Conducting mandatory preliminary medical examinations (examinations) upon employment of persons conditionally assigned to the first group is due to the need to determine the suitability of these workers for the performance of the assigned work and to prevent occupational diseases.

By the way

Prior to the introduction of amendments to the Labor Code of the Russian Federation in its norms, including in the rule provided for by Art. 69 of the Labor Code of the Russian Federation, the term "examination" was absent. It was introduced in order to bring the provisions of the Labor Code of the Russian Federation into line with the norms provided for by other federal laws - and regulatory legal acts.

Second group- persons entering work in organizations of the food industry, public catering and trade, water supply facilities, medical and preventive and children's institutions, as well as some other employers (see article 213 of the Labor Code of the Russian Federation).

The purpose of conducting preliminary medical examinations of the second group of persons is to protect the health of the population, to prevent the occurrence and spread of diseases.

It should be noted that the list of cases provided for by the Labor Code of the Russian Federation, when mandatory preliminary medical examinations (examinations) are introduced, is open. By virtue of h. 4 Article. 213 of the Labor Code of the Russian Federation, individual employers, if necessary, by decision of local governments, may introduce additional conditions and indications for mandatory medical examinations (examinations). We conditionally refer these cases to the third group of persons.

Analyzing the rules for the delimitation of powers to establish cases of the introduction of a mandatory preliminary medical examination (examination), contained in the above norm, we can conclude: the employer at its level, independently by a local regulatory act, cannot establish a requirement that all applicants (candidates) undergo a preliminary medical examination ( examinations) upon hiring. The refusal of an applicant for a vacant position to undergo a preliminary medical examination in cases not provided for by law is lawful and cannot serve as a basis for refusing to conclude an employment contract.

The procedure for conducting surveys
According to part 3 of Art. 213 of the Labor Code of the Russian Federation, regulatory legal acts approved in the manner established by the Government of the Russian Federation determine:

* harmful and (or) dangerous production factors and work, during the performance of which mandatory preliminary medical examinations (examinations) are carried out;
* the procedure for conducting mandatory preliminary medical examinations (examinations).

In accordance with Art. 214 of the Labor Code of the Russian Federation, an employee is obliged to undergo mandatory preliminary (upon employment) medical examinations (examinations) at the direction of the employer in cases provided for by the Labor Code of the Russian Federation and other federal laws.

In accordance with Decree of the Government of the Russian Federation of October 27, 2003 No. 646 "On harmful and (or) dangerous production factors and work, during the performance of which preliminary and periodic medical examinations (examinations) are carried out, and the procedure for conducting these examinations (examinations)" these factors and work, as well as the procedure for conducting inspections, are approved by the Ministry of Health and Social Development of Russia.

In pursuance of this document, Order No. 83 of the Ministry of Health and Social Development of Russia dated August 16, 2004 approved the Lists of harmful and (or) hazardous production factors and work, during the performance of which preliminary and periodic medical examinations (examinations) are carried out, and the procedure for conducting these examinations (examinations).

Along with them, the order of the Ministry of Health and Medical Industry of Russia dated March 14, 1996 No. 90 "On the procedure for conducting preliminary and periodic medical examinations of workers and medical regulations for admission to the profession" (hereinafter - order dated March 14, 1996 No. 90), which approved the following documents:

* Temporary List of harmful, hazardous substances and production factors, when working with which preliminary and periodic medical examinations of employees, medical contraindications, as well as medical specialists involved in these medical examinations and necessary laboratory and functional studies are required;
* Temporary List of works, the performance of which requires preliminary and periodic medical examinations of employees, medical specialists involved in these medical examinations, necessary laboratory and functional studies, medical contraindications for admission to work;
* Regulations on conducting mandatory pre-employment and periodic medical examinations of employees;
* A list of general medical contraindications to admission to work in contact with harmful, hazardous substances and production factors, as well as to work in accordance with temporary lists;
* List of occupational diseases with instructions for its use. The purpose of preliminary medical examinations upon admission to work is to determine the compliance of the applicant's (examined) health state with the work assigned to him.

The purpose of preliminary medical examinations upon admission
for work - to determine the conformity of the health status of the applicant (examined) with the work assigned to him.

Preliminary medical examinations are carried out in accordance with order No. 90 of March 14, 1996 by medical institutions (organizations) of any form of ownership that have an appropriate license and certificate.

An examination by a psychiatrist is carried out in a psycho-neurological dispensary (department, office) at the place of permanent registration of the subject.

The contingents subject to preliminary medical examinations are determined by the centers of the State Sanitary and Epidemiological Supervision of the constituent entities of the Russian Federation together with the employer and the relevant elected body of the primary trade union organization (by workshops, professions, hazardous, harmful substances and production factors) no later than December 1 of the previous year. The timing of inspections should correspond to the established frequency.

A referral for a medical examination, a list of harmful, dangerous substances and production factors that affect the employee, is issued by the employer to the applicant (examined) for submission to the attending physician of the medical institution conducting the medical examination. The main person conducting preliminary medical examinations is the attending physician of a medical institution providing medical care (this may be a general practitioner of a health center, shop or territorial area, or a general practitioner (family doctor).

The data of the medical examination are entered into the outpatient medical record. Each doctor participating in the examination gives his opinion on professional suitability and, if indicated, outlines the necessary medical and recreational measures. A separate sheet contains data on the professional route of a potential employee (enterprise, workshop, site, profession, experience, harmful, hazardous substances and production factors) and a final conclusion on the compliance of the health status with the assigned work or other conclusion.

Persons who have undergone a preliminary medical examination and are found fit to work with harmful, hazardous substances and production factors are issued an appropriate conclusion signed by the attending physician and sealed by the medical institution (in the case of individual admission, data on the mandatory use of a prosthesis, hearing apparatus, glasses, etc.).

Persons who are contraindicated to work with harmful, hazardous substances and production factors, or in conflict cases, are given the conclusion of the clinical expert commission (CEC) in their hands, and a copy of it is sent to the employer that issued the referral within three days.

Preliminary medical examinations of persons hired on a rotational basis are carried out by medical institutions at the place of permanent medical care or at the place of deployment of shifts, when the administration of the rotational organizations decides on their financing.

The witness is obliged:

* timely come to the medical examination;
* have a referral, passport or other identification document, and a military ID;
* obtain a medical report to present to the employer.

The medical institution (attending physician) provides for a medical examination individually for each subject in accordance with the required volume, within the limits of the license, certificate held by the attending physician and the medical institution, within a month from the date of application. If it is necessary to conduct additional studies, the medical institution (attending physician) decides on the involvement of other specialists or healthcare institutions.

Psychiatric examination
Mandatory psychiatric examination should be carried out by persons whose official duties will include the implementation of certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as those working in conditions of increased danger provided for The list of medical psychiatric contraindications for the implementation of certain types of professional activities and activities associated with a source of increased danger (hereinafter - the List of 04/28/93), approved. Decree of the Government of the Russian Federation of April 28, 1993 No. 377 "On the implementation of the Law of the Russian Federation "On psychiatric care and guarantees of the rights of citizens in its provision"".
By the way

In accordance with Decree of the President of the Russian Federation No. 314 of March 9, 2004 "On the System and Structure of Federal Executive Bodies" (as amended of May 20, 2004 No. 649), the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospot- Rebnadzor), which, in particular, was transferred the functions of the abolished Ministry of Health of Russia for control and supervision in the field of sanitary and epidemiological surveillance.

According to Art. 6 of the Law of the Russian Federation of 02.07.92 No. 3185-I "On psychiatric care and guarantees of the rights of citizens in its provision" (hereinafter - the Law of 02.07.92 No. 3185-I), a citizen can be temporarily (for a period of not more than five years and with the right subsequent re-examination) was declared unsuitable due to a mental disorder to perform certain types of professional activities and activities associated with a source of increased danger.

The rules for passing a mandatory psychiatric examination by persons engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as those working in conditions of increased danger, were approved by Decree of the Government of the Russian Federation of September 23, 2002 No. 695 "On the passage of a mandatory psychiatric examination by employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger." Examination of an employee is carried out on a voluntary basis, taking into account the norms of the Law of 02.07.92 No. 3185-1.

The list of medical psychiatric contraindications for the implementation of certain types of professional activities and activities associated with a source of increased danger is approved by the Government of the Russian Federation and periodically (at least once every five years) is reviewed taking into account the accumulated experience and scientific achievements.

An examination of a person is carried out in order to determine his suitability for mental health reasons to carry out certain types of activities, as well as to work in conditions of increased danger, provided for by the List dated 04/28/93. Examination of an employee is carried out by a medical commission created by the health management body.

To pass it, the examinee submits a direction issued by the employer, which indicates the type of activity and working conditions provided for by the List of 04/28/93. At the same time, he presents a passport or another identity document replacing it.

The examination is carried out within a period of not more than 20 days from the date of its application to the commission.

For the purpose of examination, the commission has the right to request additional information from medical institutions, of which the person being examined is informed. The Commission makes a decision within 10 days after receiving additional information. During the examination, a person may receive clarifications on issues related to his examination. The commission decides by a simple majority of votes on the suitability (unsuitability) of the type of activity being inspected for performance (work in conditions of increased danger) indicated in the direction for certification.

The decision of the commission (in writing) shall be issued to the person against receipt within three days after its adoption. Within the same period, a message is sent to the employer about the date the decision was made and the date it was issued to the person being examined. In case of disagreement with the decision of the commission, it can be appealed in court.

Expert opinion

A.V. Potapova,
expert of the magazine "Handbook of Personnel Officer"

Part 3 Art. 76 of the Labor Code of the Russian Federation contains the following rule: in case of suspension from work of an employee who did not pass the mandatory preliminary medical examination (examination) through no fault of his own, he is paid for the entire time of suspension from work as for downtime.

The application of this rule in practice is problematic and raises a number of questions. Persons subject to mandatory preliminary medical examination (examination) undergo this examination before the conclusion of an employment contract, i.e. when they are not yet employees. Meanwhile, there are difficulties with determining the period of time allotted for the mandatory preliminary medical examination. And if it is not passed during this period - with the time during which the person sent for a preliminary medical examination will undergo it (the time of exclusion from work).

Further, it is difficult to clarify the circumstances of the failure to undergo a preliminary medical examination. When an employee is suspended from work on this basis, the employer has the right to find out the reasons for his failure to undergo a medical examination, demand an explanation from him, draw up an act on the failure to undergo a medical examination, the immediate supervisor can issue a memorandum, etc. In the case when the preliminary medical examination a person in respect of whom a decision on hiring has only been made does not pass, everything is not so definite. It turns out that if there is no documentary evidence of passing a preliminary medical examination, then an employment contract will not be concluded, the actual admission to work cannot be carried out, at the same time, the procedure for finding out the reasons for not passing it is not defined.

Payment for downtime in case of non-admission to work of a person who has not passed a preliminary medical examination is made in accordance with the rules of Art. 157 of the Labor Code of the Russian Federation. Thus, downtime due to the fault of the employer (when the preliminary medical examination was not passed due to the fault of the employer, for example, the referral for examination was improperly issued) is paid in the amount of at least two-thirds of the average salary of the employee; for reasons beyond the control of the employer and employee (for example, a preliminary examination was not passed due to the fault of a medical institution) - in the amount of at least two thirds of the tariff rate, salary (official salary), calculated in proportion to the downtime. However, here there is a problem with determining the size of the average wage for persons who are not yet employees, as well as the question of the content of the order of the head, on the basis of which the accounting department will make these payments.

Norm, Part 3, Art. 76 of the Labor Code of the Russian Federation on payment of time during which an employee who has not passed a preliminary medical examination is not allowed to work was also in the original version of the Labor Code of the Russian Federation. Unfortunately, at the moment there are no recommendations on the application of this rule in practice.

About employer costs

In accordance with Part 2 of Art. 212, part 6 of Art. 213 of the Labor Code of the Russian Federation, medical examinations (examinations), including mandatory preliminary examinations, in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, are carried out at the expense of the employer. A similar rule was provided for in paragraph 2 of Art. 14 of the previously valid Federal Law of July 17, 1999 No. 181-FZ "On the Fundamentals of Occupational Safety in the Russian Federation", according to which the employer was obliged to provide at his own expense the mandatory medical examinations (examinations) of employees upon admission to work.

In the issue under consideration, the procedure for attributing the costs of the employer to medical examinations of employees is important.

In accordance with the letter of the Federal Tax Service of the Russian Federation for Moscow dated June 28, 2005 No. 20-12 / 46417 "On inclusion in the cost of medical examinations of employees," the above costs are to be attributed to other expenses accounted for on the basis of subpara. 7 p. 1 art. 264 of the Tax Code of the Russian Federation, subject to three conditions:
1) conducting medical examinations of those employees for whom, according to the legislation, they are mandatory;
2) the implementation of medical examinations in accordance with the established Procedure, approved. by order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83;
3) their proper documentation.

The costs of conducting the above medical examinations are related to the costs of ensuring normal working conditions and safety measures provided for by the legislation of the Russian Federation. In accordance with paragraph 1 of Art. 252 of the Tax Code of the Russian Federation, documented expenses are understood to be expenses confirmed by documents drawn up in accordance with the legislation of the Russian Federation, or documents drawn up in accordance with business customs applied in a foreign state on the territory of which the corresponding expenses were made, and (or) documents, indirectly confirming the expenses incurred (including a customs declaration, a business trip order, travel documents, a report on the work performed in accordance with the contract). Expenses are recognized as any costs, provided that they are made for the implementation of activities aimed at generating income.

At the same time, it should be borne in mind that the costs of medical examinations of other employees of the organization, for whom such examinations are not mandatory, cannot be considered reasonable and, as a result, do not reduce the tax base for corporate income tax.

Cases of mandatory preliminary medical examinations provided for by other federal laws

The next group of subjects under consideration, who are required to undergo a mandatory preliminary medical examination (examination) when hiring, consists of other persons provided for by other federal laws. Among them, in particular, we can name workers who carry out activities in the field of the use of atomic energy.

So, in accordance with paragraph 1.7.2 of the Resolution of the Gosgortekhnadzor of Russia dated 05.06.03 No. 56 "On approval of safety rules in the oil and gas industry", workers employed in work with dangerous and harmful working conditions must undergo mandatory preliminary (upon admission to work) medical examinations (examinations) in order to determine their suitability for the performance of the assigned work.

In addition, according to Art. 27 of the Federal Law No. 170-FZ of November 21, 1995 "On the Use of Atomic Energy", certain types of activities in the field of the use of atomic energy are carried out by employees of nuclear facilities if they have permits issued by state safety regulatory authorities. At the same time, the list of specialists from among the employees who, depending on the activities they perform, must obtain permits for the right to conduct work in the field of the use of atomic energy, as well as the qualification requirements for these specialists, are determined by the Government of the Russian Federation.

One of the mandatory conditions for obtaining these permits is the absence of medical, including psychophysiological, contraindications. The list of medical contraindications and the list of positions to which these contraindications apply, as well as the requirements for medical examinations and psychophysiological examinations, are determined by the Government of the Russian Federation.

In accordance with clause 31 of the regulatory legal act, referred to as "Organization of work with personnel at nuclear power plants", approved. By order of Rosatom No. 60 of February 15, 2006, a number of employees must undergo mandatory preliminary and annual medical examinations and psychophysiological examinations in accordance with Decree of the Government of the Russian Federation of March 1, 1997 No. 233 "On the List of Medical Contraindications and the List of Positions Covered by These Contraindications, and also on the requirements for medical examinations and psychophysiological examinations of employees of nuclear facilities" (hereinafter - Resolution No. 233). These include specialists from among the employees, who, depending on the activities they carry out, must obtain permits for the right to conduct work in the field of the use of atomic energy.

The purpose of conducting mandatory preliminary medical examinations upon admission to work (as well as periodic, annual) medical examinations is to prevent the admission to work of a specialist in a disabled state due to illness, intoxication, and adaptation disorder. This is due to the need to reduce the likelihood of accidents due to incorrect actions of personnel associated with deviations in the health status of individual workers.

In accordance with paragraph 2 of Decree No. 233, medical examinations are carried out in medical and sanitary units serving nuclear facilities. Regulatory acts for medical examinations are approved by the Ministry of Health of the Russian Federation in agreement with the federal executive authorities concerned.

Employees of certain professions, industries, enterprises, institutions and organizations, the list of which is approved by the Government of the Russian Federation, in accordance with paragraph 3 of Art. 9 of the Federal Law of March 30, 1995 No. 38-FZ "On the Prevention of the Spread in the Russian Federation of a Disease Caused by the Human Immunodeficiency Virus (HIV Infection)" when applying for a job, they must undergo a mandatory medical examination to detect HIV infection.

Decree of the Government of the Russian Federation dated 04.09.95 No. 877 approved the List of employees of certain professions, industries, enterprises, institutions and organizations that undergo a mandatory medical examination to detect HIV infection during mandatory pre-employment and periodic medical examinations. This List, in particular, provides for such positions as doctors, paramedical and junior medical staff of centers for the prevention and control of AIDS, health care institutions, specialized departments and structural subdivisions of health care institutions engaged in direct examination, diagnosis, treatment, maintenance, as well as conducting forensic medical examination and other work with persons infected with the human immunodeficiency virus who have direct contact with them.

The procedure for conducting mandatory preliminary medical examinations to detect HIV infection upon admission to work is determined by the Rules for conducting a mandatory medical examination for the detection of human immunodeficiency virus (HIV infection), approved. Decree of the Government of the Russian Federation of October 13, 1995 No. 1017.

Employee Responsibilities

Along with the obligation of the employer to conduct mandatory preliminary medical examinations (examinations) of certain categories of employees, the legislation also establishes the obligations of such persons. So, according to Art. 214 of the Labor Code of the Russian Federation, an employee is obliged to undergo mandatory preliminary (upon employment) medical examinations (examinations) at the direction of the employer in cases provided for by the Labor Code of the Russian Federation and other federal laws.

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

Legislation on the medical examination procedure

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

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

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

The concept and goals of a medical examination

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

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

Prerequisites for medical examination

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

Classification of dangerous and harmful production factors

Group of factors	Varieties
Chemical	Mixtures and chemicals that are measured in the air of the work area and on human skin. These include substances of a biological nature obtained by chemical synthesis (vitamins, antibiotics, enzymes)
Biological	Pathogenic microorganisms, producers, spores and living cells, pathogens of infections and epidemiological diseases
Physical	Vibroacoustics, microclimate, non-ionizing and ionizing radiation, light environment
Severity of labor	Physical static and dynamic load, movement in space, working posture, weight of the load being moved and lifted manually
Labor intensity	Hearing stress, active monitoring of the production process, density of sound and light signals, stress on the vocal apparatus

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

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

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

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

Referral for medical examination

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

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

Organization of periodic medical examinations

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

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

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

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

Issue of the order

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

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

Order "On Periodic Medical Examination"

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

I ORDER:

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

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

The frequency of inspection for certain professions

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

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

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

Medical examination of persons working in hazardous and hazardous industries

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

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

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

Medical examination for employees of hazardous (dangerous) production

Types of work (production), profession
Explosive fire	1 time per year
Using and carrying weapons	1 time per year
emergency services	1 time per year
Service electrical installations (over 42 VAC, over 110 VDC)	1 time in 2 years
In areas remote from honey. institutions	1 time per year
Work on machines and equipment with moving parts	1 time in 2 years
Underground and high-altitude works	1 time per year
Land transport management	1 time in 2 years
Underwater work in a gaseous environment (at normal pressure)	1 time in 2 years

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

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

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

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

Who pays?

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

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

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

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

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

Pre-employment screening is a common process. All employees who have officially entered into an employment contract with their employer must go through it. That is, no one has a chance to avoid a medical examination. But what should every citizen know about this process? What features should be paid attention first of all? Is it really so important to have a health certificate when applying for a job? Answering all these questions is not as difficult as it seems.

Is it necessary?

A medical examination when applying for a job, as already mentioned, is an everyday process. But how legitimate is the requirement to provide health information? In fact, this is a legitimate request. After the conclusion of an employment contract, a citizen-employee must provide his book. It is issued after a medical examination. It indicates the state of health of the employee. Usually the employer allocates time and organizes a medical examination for work at his own expense. If there is a medical book, then the employee has the right to simply start work. In practice, the situation is somewhat different - applicants are rarely contacted without a medical book. Also, the boss refuses to pay for the medical examination and does not allocate time for this process - everything has to be done on his day off. That is why it is recommended to find a job with a medical book.

Where to apply?

But which organizations to contact to bring the idea to life? In fact, everything is not as difficult as it seems. The modern population is given relative freedom to choose organizations that conduct medical examinations. There are not so many of them, but the difference between these or those places is huge. The citizen himself weighs all the pros and cons, and then chooses where to go. At the moment, a medical examination when applying for a job can be done in public clinics and private clinics. It is proposed to take tests in state and private laboratories.

What to choose?

Where specifically to apply? Private clinics and laboratories have their pros and cons. Of the advantages, one can single out the speed of passing doctors, as well as the level of comfort. The only downside is the cost. In private centers, a medical examination can be completed literally in 1 day and the next day you will receive a medical book in your hands. State polyclinics offer free passage of doctors. But such a process has more disadvantages - an appointment with specialists, a low speed of passing doctors, queues. Not all state. clinics can be called comfortable. The pre-employment screening can take several weeks. However, if there is time, you can also contact state clinics. It all depends on personal preference.

Sanitary minimum

It is also worth paying attention to the fact that the medical examination does not end with doctors. After doctors and tests, you will have to listen to a course of lectures and pass a test for knowledge of the sanitary minimum. This process usually takes about 2 weeks. As practice shows, this is the least problematic nuance. Not everyone needs to go through it. Only in some cases. But it is recommended for any employment. It takes place in special organizations - centers of hygiene and epidemiology.

About doctors

Which doctors should be visited if a medical examination is planned when applying for a job? Much depends on the nature of the activity. Some narrow specialists are able to supplement the above list. For more information, please check with your employer. But there is a generally accepted minimum. The following specialists and analyzes are needed for the medical book: a neurologist, a psychiatrist, a narcologist, an ENT specialist, a surgeon, a therapist, a gynecologist / urologist, an ophthalmologist, smears and samples for STDs, a general blood and urine test, tests for HIV, syphilis, hepatitis.

One of the prerequisites for employment is a satisfactory state of health. That is why, for employment, it will be necessary to undergo a medical examination. Moreover, this kind of procedure is usually paid.

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What it is

Today, employment necessarily provides for the passage of a special medical commission. This procedure does not have any major differences from a routine medical examination conducted for a different purpose. But it has some of its own characteristics.

For this kind of inspection, a special form is required. It is provided directly at the place of medical examination. Medical examination for employment is always paid.

Carrying out such a procedure will require the person undergoing it to have the following:

The pre-employment medical examination must include the following examinations:

fluorography;
blood analysis;
gynecological examination;
smear;
electrocardiogram - EKG.

Conducting a fluorographic examination is one of the most responsible and at the same time dangerous procedures. Since it involves exposing the patient to a small amount of radiation.

This is the reason for the inadmissibility of such a procedure more often than once a year. Providing results at the place of medical examination will avoid its re-conduct.

Repeated holding within 12 months may adversely affect health. A fluorographic examination allows you to establish the presence of any serious problems with the lungs, to detect tuberculosis at an early stage.

This procedure necessarily requires the exposure of the torso. It is allowed to carry it out in the presence of a white T-shirt.

Therefore, if such clothing is available, it is worth taking it with you to the medical examination. This will avoid the need to expose the torso at the doctor's appointment.

A blood test allows you to conduct a general diagnostic examination of the body. It is required to monitor the state of the body, detect any serious diseases.

Usually, blood sampling is carried out from the place of the elbow bend into a special container designed for this. For some people, this type of procedure causes extreme discomfort. Therefore, it is worth preparing mentally for it in advance.

If a woman undergoes a medical examination, a gynecological examination will be mandatory.

To do this, you will need to remove all clothing below the waist. It includes an examination of the reproductive genital organs and more.

Inspection is carried out using specially designed tools with mirrors. In some cases, such an examination can cause discomfort in a woman.

Examination before employment necessarily includes a smear. A fence is made from the anus with a special tool. The resulting material is subsequently examined by a doctor.

A special form will be required for the medical examination. It contains the following data:

the full name of the medical institution where the examination itself is carried out;
personal data of the person conducting the inspection;
position of the applicant;
work experience and profession;
designation of medical examination - periodic / preliminary;
details of the insurance company;
the signature of the doctor with a transcript and the seal of the medical institution;
photo.

Is

By itself, a medical examination when applying for a job is not required. But there is a certain list of positions, indicated directly in the labor legislation, for which a medical examination is strictly required. This moment is reflected in the maximum detail in the Labor Code of the Russian Federation.

The complete list includes the following items:

work in hazardous work - with harmful working conditions (underground - including);
work on public transport;
implementation of any tasks at food industry facilities;
if the duties are related to trade and public catering;
work at enterprises serving water pipes;
employees of medical institutions;
work with children;
persons under the age of 18 at the time of commencement of work;
paramilitary security, special communications service;
athletes.

It is also mandatory to undergo a medical examination for persons whose work will be related to the performance of life-threatening tasks.

And not only his own, but also those around him. Some categories of workers require a medical examination, as well as a special sanitary book. The employer must remember that violation of the provisions of Article No. 213 of the Labor Code of the Russian Federation will necessarily lead to serious consequences.

The moment regarding the passage of a medical examination by a minor is reflected in the Labor Code of the Russian Federation. For persons whose work will be carried out in the regions of the Far North, passing the examination is strictly mandatory.

The issue of conducting a medical examination is addressed not only in the Russian Federation, but also in other regulatory legal acts.

Based on federal legislation, examinations of the type in question must be completed when applying for a job:

customs officials;
judges;
employees of the Ministry of Emergency Situations, as well as train employees.

Regional authorities may also issue various specialized laws establishing the need for medical examinations for certain professions.

Such an examination is carried out in order to verify the suitability of a particular employee to perform any job duties.

For example, employees of law enforcement agencies, when applying for a job, must undergo an examination by a psychiatrist.

The procedure for such an examination for work in a certain position is established by the Government Decree of September 23, 2002 “On Passing a Psychiatric Examination”.

Who pays for pre-employment screening

One of the obligations of the employer is the mandatory payment for the employee to undergo a medical examination. The format of such an action may be different.

The most common is that the employee pays the full cost of this service in the relevant medical institution in cash / by bank transfer.

After that, the confirming payment document is transferred to the accounting department. The amount indicated in the payment document will be given to the employee along with wages or otherwise.

In addition to paying for a medical examination, the employer must provide a special form for entering the data of the examination itself.

In some cases, such a document is issued in a medical institution. The person undergoing the examination is required to present a passport / other identification document at the clinic.

When the doctors conduct an examination, a special conclusion is formed. It lists all contraindications, as well as other important data that are important when applying for a job, performing any specific duties.

The conclusion is formed in two copies:

one is transferred to the employer;
the second is attached to a special outpatient card.

Employees who have passed a medical examination are usually simply not allowed to perform their duties.

Where to pass it

Usually, a medical examination is carried out by a specific employee at the place of his residence, registration. In the clinic to which he is assigned.

But the medical institution itself must necessarily meet some important requirements:

have a license, state accreditation for the provision of services of this kind;
the presence of all the equipment required for the medical examination, as well as specially trained personnel, must be present.

If the medical examination is scheduled and a large number of employees of the same enterprise undergo it at the same time, it is best to conclude a special contract for the provision of such services.

So it will be possible to significantly simplify and speed up the process of the type in question. Special private medical institutions also have the right to conduct such examinations. The prospective employee can choose the place of inspection on his own.

Which doctors should be bypassed

The list of doctors who must be visited during a medical examination includes:

ophthalmologist;
otolaryngologist;
neuropathologist;
surgeon
therapist - to obtain the conclusion of the medical commission.

Women also usually go through a gynecologist, mammologist. If a child needs to undergo a medical examination, then some important features should be remembered:

laboratory examinations include analysis of not only blood, but also urine;
you will need to visit an extensive list of narrow specialists - a dentist, a psychiatrist and others;
the therapist necessarily carries out a general assessment of the child's readiness to perform work of a certain nature - such a check may include squats for a while or something else.

It is important to remember that for the lack of a medical examination, a rather serious punishment threatens. And for both employees and employers.

For employees, the punishment will be as follows:

suspension from the performance of direct duties;
disciplinary sanctions - applied by the head of the enterprise;
termination of employment relationship.

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

For your information

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

When is a pre-employment screening required?

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

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

Additional Information

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

Who is required to undergo a preliminary medical examination?

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

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

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

Form

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

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

Attention

The timing of the medical examination is agreed in advance.

Employer's responsibility

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

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

Employee Responsibility

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

Attention

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

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

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

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

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

Additional Information

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

What kind of doctors do you need to go through?

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

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

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

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

Help Sample

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

Certificate validity period

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

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

For your information

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

Payment for medical examination at the time of employment

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

IMPORTANT

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

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

What if an employee fails a medical examination?

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

Attention

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

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

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

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

For your information

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

Nuances

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

Additional Information

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

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

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