Should the caretaker undergo a preliminary medical examination. Medical examinations of employees, order on medical examinations

In accordance with part 3 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, the admission of an employee to execution job duties without passing, including periodic medical examinations, entails the imposition administrative responsibility for from 110 to 130 thousand rubles. More than 40 people work in the organization without a medical examination. The organization was carried out according to working conditions. How is the list of employees who must undergo preliminary and periodic medical examinations determined? Should all employees of the organization (including lawyers, accountants) undergo such inspections?

According to the second part of Art. 212 Labor Code Russian Federation (hereinafter - the Labor Code of the Russian Federation), the employer is obliged in cases provided for labor law and other regulatory legal acts containing norms labor law, organize the holding at the expense of own funds mandatory preliminary (upon employment) and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations of employees, extraordinary medical examinations, mandatory psychiatric examinations of employees at their request in accordance with medical recommendations with retention of their place work (position) and average earnings for the period of passage of the specified medical examinations, mandatory psychiatric examinations.

In turn, the employee is obliged to undergo mandatory preliminary (when applying for a job) and periodic (during employment) medical examinations, other mandatory medical examinations, as well as to undergo extraordinary medical examinations at the direction of the employer in cases provided for by the Labor Code of the Russian Federation and other federal laws. (Article 214 of the Labor Code of the Russian Federation).

Thus, the passage of medical examinations, including preliminary and periodic ones, is mandatory only in cases provided for by law.

The obligation to conduct medical examinations of certain categories of employees is provided for by the norms of Art. 213 of the Labor Code of the Russian Federation. In accordance with this article, mandatory preliminary and periodic medical examinations must be carried out by employees employed in work with harmful and (or) dangerous working conditions (including underground work), employees employed in work related to traffic, employees of organizations Food Industry, Catering and trade, waterworks, medical organizations and children's institutions, as well as some other employers.

According to the fourth part of Art. 213 of the Labor Code of the Russian Federation, harmful and (or) dangerous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations are carried out, the procedure for conducting such examinations is determined by the federal executive body authorized by the Government of the Russian Federation.

To date, such normative act establishing the List of harmful and (or) hazardous production factors (hereinafter referred to as the List of Factors), the List of works during the performance of which mandatory preliminary and periodic medical examinations (examinations) of employees are carried out (hereinafter referred to as the List of Works) and the Procedure for conducting mandatory preliminary (upon admission to work) and periodic medical examinations (examinations) of workers employed in heavy work and in work with harmful and (or) dangerous working conditions (hereinafter referred to as the Procedure) is the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n.

At the same time, there is a position that the presence in the workplace of employees of harmful and dangerous production factors (performing the relevant work) specified in the List of factors (for example, working with a PC for more than 50% of the working time, which may apply, in particular, to lawyers and accountants), is an independent basis for sending such employees to mandatory medical checkup regardless of whether the working conditions at their workplaces are classified as harmful or dangerous according to the results of certification or special evaluation working conditions (see, for example, letter of the Ministry of Labor of Russia dated March 21, 2014 N 15-2 / OOG-242, letter of Rostrud dated October 9, 2015 N TZ / 20422-3-3). A similar point of view is also presented in the explanations of Rostrud specialists posted on the information portal of this department on the Internet (see answer 1, answer 2, answer 3). The legitimacy of such an interpretation of the provisions of the List of factors is also confirmed by the Supreme Court of the Russian Federation (determination of September 24, 2015 N 302-KG15-11278).

At the same time, in law enforcement practice, there is another approach to resolving the issue of the need for medical examinations in the situation under consideration, based on the following logic. Within the meaning of Art. 213 of the Labor Code of the Russian Federation, part four of this article is aimed at implementing the requirements of its first part. In other words, it is the fact of the presence of harmful and dangerous working conditions at the workplace that is the basis provided for by the Labor Code of the Russian Federation for conducting mandatory medical examinations of workers.

The validity of this conclusion, in our opinion, is also evidenced by note No. 2 to the List of factors, in accordance with which this list factors are listed that, according to the level of their impact, are classified as harmful and (or) dangerous classes in accordance with regulatory legal acts.

Note that in themselves harmful and hazards are such regardless of the level of their impact and are not divided into classes (see article 209 of the Labor Code of the Russian Federation, Classifier of harmful and (or) hazardous production factors (Appendix N 2 to the order of the Ministry of Labor of Russia of 01.24.2014 N 33n), GOST 12.0.003- 74 "System of labor safety standards. Dangerous and harmful production factors. Classification", approved by the USSR State Standard of November 13, 1974 N 2551).

It is the working conditions, depending on the level of impact on the employee of harmful and (or) hazardous production factors, that are divided according to the degree of harmfulness and (or) danger into four classes - optimal (class 1), permissible (class 2), harmful (class 3; subclasses 3.1 -3.4) and dangerous (grade 4) (see art. 14 federal law dated December 28, 2013 N 426-FZ "On a special assessment of working conditions", hereinafter - Law N 426-FZ). Considering the above, we believe it is possible to conclude that note N 2 to the List of factors refers precisely to the fact that the presence of the factors named in this List is taken into account when determining the need for medical examinations only if the level of impact of the relevant factors indicates the presence harmful or dangerous working conditions at the employee's workplace (class 3.1 and above). In support of this thesis, we can cite the letter of the Federal Medical and Biological Agency dated April 13, 2012 N 1-08/894. A similar point of view was expressed in the letter of Rospotrebnadzor dated June 19, 2015 N 01 / 7015-15-31.

At the same time, we note that some factors named in the List of Factors contain a special note "when attributing working conditions for this factor, based on the results of certification of workplaces for working conditions, to harmful conditions" (see paragraphs 3.8, 3.9, 3.12, 4.1, 4.4.1-4.4.3 of the Factor List). On this basis, some experts conclude that since such a clause was required for certain items of the List of factors, then other factors listed in it are the basis for a medical examination, regardless of whether working conditions are classified as harmful or dangerous according to the results of a special assessment. In support of this thesis, clause 19 of the Procedure is also cited, according to which the lists of the contingent and the lists of names of workers subject to mandatory medical examinations include, among other things, workers exposed to harmful production factors specified in the List of factors, as well as harmful production factors , the presence of which is established by the results of attestation of workplaces in terms of working conditions (currently - a special assessment of working conditions), carried out in the prescribed manner. As a source of information about the presence of harmful production factors at workplaces, in addition to the results of attestation of workplaces for working conditions, the results of laboratory research and testing obtained as part of control and supervision activities, production laboratory control, as well as operational, technological and other documentation for machines, mechanisms, equipment, raw materials and materials used by the employer in the implementation of production activities.

However, as already mentioned above, the list of factors itself does not refer to any factors, but only to those that, in terms of their level of impact, may indicate the presence of harmful working conditions. At the same time, in our opinion, the employer, in the absence of the results of a special assessment of working conditions, can indeed resort to other sources of information on harmful factors named in clause 19 of the Procedure, and if, on the basis of these sources, he can conclude that the impact of these factors, according to their level, may lead to the assignment of the working conditions of the employee to harmful or dangerous, he decides on the need for a medical examination of such an employee. Without violating the requirements of the law, the need for such a procedure for the employer's actions may arise in the event of the creation of new jobs. In accordance with parts 1 and 2 of Art. 17 of Law N 426-FZ, a special assessment of working conditions at newly created jobs must be carried out within 6 months from the date of their commissioning. At the same time, as the Ministry of Labor of Russia explained in a letter dated April 16, 2015 N 15-1 / OOG-2242, the commissioning of newly organized workplaces should be understood as the date of commencement of regular employment at these workplaces. production process.

Accordingly, workers for work in these places will in any case be accepted earlier than a special assessment of working conditions is carried out for them. In this case, the employer really should independently assess the presence of harmful or hazardous factors at such workplaces and the level of their impact in order to determine the need to send employees for medical examinations (except for the cases referred to in clauses 3.8, 3.9, 3.12, 4.1, 4.4.1-4.4.3 of the List of factors under which the employer has the right to focus only on the results of a special assessment).

At the same time, in our opinion, in the event that the employer has the current results of certification of workplaces for working conditions or a special assessment of working conditions, he needs to use them. Obligations to use other sources of information in the presence of the results of a special assessment The procedure has not been established, as evidenced by the phrase “can be used” used in clause 19 of the Procedure in relation to such sources.

The letter of the FMBA of Russia already mentioned above also states that the employer should use other sources of information about the harmful factors affecting the employee in order to determine the need for medical examinations precisely in the absence of certification results. The Supreme Court of the Udmurt Republic, in its decision dated April 15, 2015 in case No. 7-124/2015, also concluded that there was no offense in the actions of the employer who did not ensure that the employees undergo a medical examination, including due to the fact that he had attestation cards for the workplaces of these employees , which do not contain indications of the presence of harmful production factors at the relevant workplaces.

Thus, we believe that the employer is obliged, in pursuance of the requirements of parts one and four of Art. 213 of the Labor Code of the Russian Federation to conduct a medical examination of workers in the presence of harmful production factors at their workplaces only if the level of their exposure indicates the presence of harmful or dangerous working conditions at such workplaces. When establishing the fact of the presence in the workplace harmful factors and determining the level of their impact, the employer, first of all, should be guided by the results of attestation of workplaces for working conditions or a special assessment of working conditions, and only in their absence should he resort to other sources of information (except for the cases named in the Procedure).

Given the above, we believe that if there are results of certification of workplaces for working conditions that have not expired (part 4 of article 27 of Law N 426-FZ), or a special assessment of working conditions confirming the absence of harmful or dangerous working conditions, the employer does not have an obligation to organize mandatory medical examinations of employees who work at workplaces in respect of which the absence of harmful or dangerous working conditions has been established.

At the same time, if employees are employed in jobs that are included in the List of Works, the employer is obliged to arrange for them to conduct preliminary and periodic medical examinations. Rostrud specialists give similar explanations (see answer 4).

Thus, in our opinion, the employer is obliged to include in the lists of contingents of employees undergoing preliminary and periodic medical examinations the following categories of employees:

Employees who work at workplaces in respect of which, based on the results of attestation of workplaces for working conditions (or a special assessment of working conditions), the presence of harmful and dangerous working conditions has been established;

Employees who work at newly created workplaces for which a special assessment of working conditions has not yet been carried out, while at such workplaces there are harmful and (or) dangerous production factors diagnosed by the employer in accordance with clause 19 of the Procedure;

Employees employed in jobs included in the List of Jobs;

Other employees for whom labor legislation and other regulatory legal acts containing labor law norms provide for the obligation to organize preliminary and (or) periodic medical examinations (for example, persons under the age of eighteen years - Article 69 of the Labor Code of the Russian Federation) * ( one).

However, please note that this position is our expert opinion. As can be seen from the answer, the regulatory and judicial authorities may take a different point of view on a given issue.

Prepared answer:
Legal Consulting Service Expert GARANT
Erin Pavel

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Voronova Elena

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

*(1) See also Encyclopedia of Solutions. Preliminary medical examination.

Should the applicant for work be a watchman industrial premises provide the employer with a certificate of his health or pass the MO at the expense of the employer. What factors of order 302n apply? Thanks.

Answer

Response posted date:

The need for mandatory preliminary and periodic medical examinations(surveys) of employees connected withexposure to harmful and (or) dangerous production factors.

According to Art. 212 Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) - the employer must provide in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, carrying out at own expense mandatory preliminary (when applying for a job) and periodic (during employment) medical examinations.

According to Art. 213 Labor Code of the Russian Federation - harmful and (or) dangerous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the procedure for their conduct is determined by regulatory legal acts approved in the manner established by the authorized Government Russian Federation federal executive body.

If such employees are completely absent at the employee’s workplace, then such employees do not undergo a mandatory preliminary medical examination when they are hired.

The employer does not have the right to send the employee for mandatory medical examinations and require the provision of medical certificates on his state of health, and the hired person is not obliged to provide these certificates to the employer.

From January 1, 2012, mandatory preliminary and periodic medical examinations of employees are carried out in accordance with:

The list of harmful and (or) dangerous production factors, in the presence of which mandatory preliminary and periodic medical examinations (examinations) are carried out (hereinafter - List 1);
The list of works, during the performance of which mandatory preliminary and periodic medical examinations (examinations) of employees are carried out (hereinafter - List 2);
The procedure for conducting mandatory preliminary (when applying for a job) and periodic medical examinations (examinations) of employees engaged in hard work and work with harmful and (or) dangerous working conditions (hereinafter - Order).

These documents were approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

According to p.p. 8 and19. Order- preliminary and periodic inspections are carried out on the basis of the list of contingent of employees, subject to periodic and (or) preliminary inspections (hereinafter referred to as the contingent list), which should be compiled in every organization.

The following employees are subject to inclusion in the contingent lists and name lists:

exposed to harmful production factors specified in List 1, as well as harmful production factors, the presence of which is established by the results of attestation of workplaces for working conditions (hereinafter - AWP) or a special assessment of working conditions (hereinafter - SAUT);
performing the work provided for in List 2.

According to P.19. Order- as a source of information about the presence of harmful production factors in the workplace, in addition to the results of AWP or SOUT, the following can be used:

the results of laboratory studies and tests obtained in the framework of control and supervision activities, production laboratory control;
operational, technological and other documentation for machines, mechanisms, equipment, raw materials and materials used by the employer in the implementation of production activities.

Conducting medical examinations any category of workers, including the watchman of industrial premises, will depend on the presence of this category of workers in the list of the contingent of workers, subject to periodic and (or) preliminary inspections, of your enterprise.

You must draw up this contingent list. When compiling it, you need to carefully analyze all of the above information.

In our opinion, in your case, it is advisable to pay special attention to the physical factors and factors of the labor process of List 1.

How many times should honey pass. inspection workers by position - a watchman and a refrigeration engineer?

Answer

Answer to the question:

When you receive individual workers the employer is obliged to arrange for these employees to undergo a preliminary medical examination (Article 213 of the Labor Code of the Russian Federation). The organization of such medical examinations is carried out at the expense of the employer.

The current legislation does not provide for mandatory preliminary medical examinations of all employees. Mandatory honey. inspection is determined by the factors of the production process and the scope of the organization. The list of harmful factors, as well as areas of activity in which honey is required. inspection are determined by the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n (as amended on May 15, 2013) "On approval of the lists of harmful and (or) dangerous production factors and works, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the Procedure conducting mandatory preliminary and periodic medical examinations (examinations) of employees engaged in hard work and work with harmful and (or) dangerous working conditions"

Preliminary medical examination is not mandatory for employees whose work is not related to harmful factors in accordance with Order No. 302n dated April 12, 2011. or not established based on the results of attestation of workplaces.

You will have no questions about part-time caretaker after reading the article at the link.

Since your organization belongs to trade, employees of all specialties must undergo a medical examination once a year:

Details in the materials of the System Personnel:

1. Answer: Which employees must undergo mandatory medical examinations

N.Z. Kovyazin

In addition, there are a number of industry documents, each of which regulates the procedure for conducting medical examinations in a particular type of activity. They should be guided by organizations that fall under the scope of these documents. This procedure is confirmed by both the Labor Code of the Russian Federation and the Law of November 21, 2011 No. 323-FZ. For example, mandatory medical examinations are provided for employees employed:

in public utility organizations providing hairdressing and beauty services (SanPiN 2.1.2.2631-10, approved);
in construction industry(SanPiN 2.2.3.1384-03, approved);
in public catering organizations (SanPin 2.3.6.1079-01, approved);
at work related to the maintenance of electric power facilities (, approved);
on the railway transport public ( , approved ).

Also, mandatory medical examinations are carried out by employees under the age of 18, and professional athletes (art., Labor Code of the Russian Federation).

The procedure for conducting mandatory medical examinations of employees employed in work with harmful (dangerous) production factors is given in to. The rules for the medical examination of drivers are established in. For all other categories of employees for whom there are no special rules for medical examination, these documents can also be applied.

A medical examination associated with work in hazardous (harmful) working conditions should be distinguished from a preventive examination conducted for the purpose of timely detection of pathological conditions and diseases in medical institutions where citizens receive primary health care. Carrying out a preventive examination of the adult population is not associated with the conduct and does not replace it. Moreover, employees who are required to undergo mandatory examinations in accordance with the Ready-made plan of the main affairs of the personnel officer for the first quarter of 2019
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The employer is obliged to conduct periodic medical examinations (paragraph 12, part 2, article 212 of the Labor Code of the Russian Federation).

Such medical examinations help to monitor the health status of an employee in dynamics, detect diseases at an early stage and carry out rehabilitation measures.

This is especially true in industries where employees are in contact with people:

trade, public catering, services, medicine, education.

Who should have a periodic health check?

The following employees must undergo periodic medical examinations:

Employees exposed to harmful or hazardous production factors, in the presence of which mandatory preliminary and periodic medical examinations are carried out (hereinafter referred to as the list of factors);
Employees performing work specified in the list of works, during the performance of which mandatory preliminary and periodic medical examinations of employees are carried out (hereinafter referred to as the list of works);
traffic related.

If persons under the age of 21 are involved in these works, they undergo medical examinations. annually(Article 213 of the Labor Code of the Russian Federation).

Involved in underground work. Such workers undergo periodic medical examinations annually (clause 12 of Appendix 2 to Order No. 302n).
Employed in organizations of the food industry, public catering and trade, water supply facilities, medical organizations and children's institutions (Article 213 of the Labor Code of the Russian Federation).

The frequency of medical examinations for specific professions is given in Appendix No. 2 to Order No. 302n.

Athletes. They undergo medical examinations annually (Article 348.3 of the Labor Code of the Russian Federation).
Persons under 18 years of age. Pass medical examinations annually (Article 266 of the Labor Code of the Russian Federation).

The list of jobs lists jobs and professions in which employees must undergo mandatory preliminary and periodic medical examinations, regardless of the established class of working conditions at these workplaces and the presence of harmful and dangerous production factors (see table).

Name of works and professions	Frequency of inspections*
1. Work at height, as well as work on the maintenance of lifting structures, including:	1 time per year
1.1. Jobs as a crane operator (crane driver)	1 time in 2 years
1.2. Elevator job	1 time in 2 years
2. Works on maintenance and repair of existing electrical installations with a voltage of 42 V and above AC, 110 V and above DC, as well as installation, commissioning, testing and measurement in these electrical installations	1 time in 2 years
3. Felling, rafting, transportation, primary processing, protection and restoration of forests	1 time in 2 years
4. Works in special geographical regions with a significant distance from the places of work from medical institutions providing specialized medical care	1 time per year
5. Works directly related to the maintenance of pressure vessels	1 time in 2 years
6. Works directly related to the use of flammable and explosive materials, work in explosive and fire hazardous industries	1 time per year
7. Work in paramilitary security, special communications services, collection apparatus, banking structures, other departments and services that are allowed to carry weapons and use them	1 time per year
8. Works performed by the gas rescue service, voluntary gas rescue squads, paramilitary units and squads for the prevention and elimination of open gas and oil fountains, paramilitary mountain and mountain rescue services of ministries and departments, fire protection	1 time per year
9. Works performed by emergency rescue services for the prevention and elimination of natural and man-made emergencies	1 time per year
10. Works performed directly on mechanical equipment with open moving (rotating) structural elements (turning, milling and other machines, stamping presses, etc.)	1 time in 2 years
11. Underwater work performed by workers in a gaseous environment under normal pressure conditions	1 time in 2 years
12. Underground work	1 time per year
13. Work performed with the use of insulating agents personal protection and filtering gas masks with a full face	1 time in 2 years
14. Work in food industry organizations, dairy and distribution points, bases and warehouses food products where there is contact with food products during their production, storage, sale, including work on sanitization and repair of inventory, equipment, as well as work where there is contact with food products during their transportation by all modes of transport	1 time per year
15. Work in public catering, trade, buffets, catering units, including transport	1 time per year
16. Work performed by students of educational institutions of general and vocational education before and during the internship in organizations whose employees are subject to medical examinations	1 time per year
17. Works medical staff medical institutions, as well as maternity hospitals (departments), children's hospitals (departments), children's clinics, departments of pathology of newborns, premature	1 time per year
18. Works in educational organizations of all types and types, as well as children's organizations that do not carry out educational activities (sports sections, creative, leisure children's organizations, etc.)	1 time per year
19. Work in children's and adolescent seasonal health organizations	1 time per year
20. Work in preschool educational organizations, orphanages, organizations for orphans and children left without parental care (persons replacing them), educational institutions of boarding type, health educational organizations, including sanatorium type, children's sanatoriums, year-round camps recreation, as well as social shelters and nursing homes	1 time per year
21. Work in public service organizations (bath attendants, employees of showers, hairdressers)	1 time per year
22. Works in swimming pools, as well as hydropathic establishments	1 time per year
23. Work in hotels, hostels, passenger cars (conductors), as a stewardess	1 time per year
24. Work in organizations of the medical industry and the pharmacy network related to the manufacture, packaging and sale of medicines	1 time per year
25. Works on waterworks related to water treatment and maintenance of water supply networks	1 time per year
26. Works related to the processing of milk and the manufacture of dairy products	1 time per year
27. Driving ground vehicles	1 time in 2 years

*If persons under the age of 21 are involved in the listed works, they undergo medical examinations annually (Article 213 of the Labor Code of the Russian Federation).

Attention: Medical examinations should be carried out already in the presence of harmful or dangerous production factors indicated in the list of facts at the employee’s workplace and their level does not matter.

The following factors are excluded:

3.5. – industrial noise;
3.8. , 3.9. - air temperature;
3.12. – light environment;
4.1. - physical overload;
4.4.1. , 4.4.2 ., 4.4.3. - sensory loads.

For these factors, medical examinations are carried out when they attribute the created working conditions, according to the results of a special assessment of working conditions, to harmful or dangerous working conditions.

Situation: Should the employees of the organization, busy with work on a PC, undergo mandatory preliminary and periodic medical examinations

Yes, they should, if they are engaged in processing information using personal electronic computers in the amount of at least 50% of their working time, regardless of the results of a special assessment of working conditions.

When hiring, for example, accountants, programmers, management personnel and other office employees who work at a computer for more than 50 percent of their working time, the employer is obliged to send them for a medical examination (clause 3.2.2.4 of the list of harmful and (or) dangerous production factors, in the presence of which mandatory preliminary and periodic medical examinations (examinations) are carried out) , approved by the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n). The frequency of medical examination is once every two years.

Only in relation to a number of factors indicated in the list of factors, such as industrial noise, low air temperature, light environment, medical examinations are carried out only if the working conditions for the relevant factor are classified as harmful working conditions, which is indicated in the column “Name of harmful and (or ) hazardous production factors” an appropriate note is made in brackets.

For the rest of the factors specified in the list, preliminary and periodic medical examinations are carried out upon their presence at the workplace, regardless of the results of the assessment of working conditions. Such clarifications are contained in the letters of the Ministry of Labor of Russia dated July 16, 2015 No. 15-1 / OOG-3786, dated March 21, 2014 No. 15-2 / OOG-242.

Where to conduct a periodic medical examination?

The employer must conclude an agreement with a medical organization licensed to conduct preliminary medical examinations. IN medical organization a permanent medical commission is formed. It is headed by an occupational pathologist.

The medical organization is responsible for the quality of medical examinations.

Who pays for periodic health checks?

The employer is obliged to conduct periodic medical examinations at his own expense (paragraph 12, part 2, article 212 of the Labor Code of the Russian Federation). For the duration of the examination, the employee retains average earnings and place of work (Article 185 of the Labor Code of the Russian Federation).

If the employee did not pass the examination due to the fault of the organization, then the time of suspension from work is paid to him as simple (Article 76 of the Labor Code of the Russian Federation). The amount of payments - at least 2/3 average salary employee (Article 157 of the Labor Code of the Russian Federation).

What is the procedure for periodic medical examination?

Procedure periodic medical examinations regulated by the Order.

The algorithm is the following:

1. The employer draws up a list of the contingent of employees subject to periodic medical examinations in accordance with the Order. In the list of the contingent indicate: the name of the profession (position) of the employee according to staffing; the name of the harmful production factor.

Situation: is it necessary to take into account vacancies when drawing up a contingent of employees subject to preliminary and periodic medical examination? Yes, it is necessary. When compiling the contingent of employees subject to preliminary and periodic medical examination, vacancies are taken into account. Periodic examinations are carried out on the basis of lists of names developed on the basis of contingents of workers subject to periodic and (or) preliminary examinations (clause 19 of the Procedure for conducting mandatory preliminary and periodic medical examinations (surveys) of workers engaged in hard work and work with harmful and ( or) dangerous working conditions, approved by the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n).

The following employees are subject to inclusion in the contingent lists and name lists:

exposed to harmful production factors specified in the list of factors;
performing the work specified in the list of works.

The list of the contingent of employees subject to preliminary and periodic medical examination shall indicate:

the name of the profession (position) of the employee according to the staff list;
the name of the harmful production factor according to the list of factors and (or) the work provided for by the list of works.

Situation: is it necessary to coordinate with Rospotrebnadzor the list of contingent of workers sent for medical examination

No, it is not necessary, the list of the contingent is sent to Rospotrebnadzor in a notification manner.

The list of the contingent, developed and approved by the employer, is sent to the territorial authority Rospotrebnadzor at the actual location of the employer (clause 21 of the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n).

The list of the contingent and the list of names of persons subject to preliminary and periodic medical examinations, the employer sends to the appropriate medical organization without the consent of Rospotrebnadzor.

2. On the basis of the approved list of the contingent, name lists of employees are compiled indicating harmful and dangerous production factors, as well as the type of work. In the list of the contingent of employees subject to preliminary and periodic medical examination, indicate:

surname, name, patronymic, profession (position) of the employee subject to periodic medical examination;
the name of the harmful production factor or type of work;
Name structural unit employer (if any).

The approved lists are sent to a medical organization that will conduct a medical examination. This must be done no later than two months before the start date of the examination agreed with the medical institution. Medical organization within 10 days from the date of receipt name list draws up a calendar plan for periodic medical examinations.

3. The employer introduces employees to calendar plan conducting medical examinations. This must be done no later than ten days before the start of the periodic inspection.

4. The employer gives employees referrals for medical examinations. They indicate:

the name of the employer;
form of ownership and type economic activity employer according to OKVED;
the name of the medical organization, the actual address of its location and the OGRN code;
type of medical examination - preliminary;
surname, name, patronymic, date of birth of the person entering the work;
the name of the structural unit of the employer (if any), in which the person entering the work will be employed;
the name of the position (profession) or type of work;
harmful or dangerous production factors.

Referral signs authorised representative employer indicating his position, surname and initials. The employer issues all directions against signature and keeps records of them.

5. On the day of the medical examination, the employee submits the following documents to the medical organization: referral; passport or other document established sample, proving his identity; employee health passport (if any); the decision of the medical commission that carried out the mandatory psychiatric examination(in cases stipulated by the legislation of Russia).

6. Periodic examination is considered passed when: the applicant for work was examined by all medical specialists; All laboratory and functional studies have been completed.

7. After passing the medical examination, the medical organization draws up a conclusion. It indicates:

date of issue of the conclusion;
surname, name, patronymic, date of birth, gender of the person entering the work;
the name of the employer;
name of the structural unit of the employer (if any), position (profession) or type of work;
the name of harmful production factors and types of work;
the result of a medical examination (medical contraindications identified, not identified).

The conclusion is signed by the chairman of the medical commission indicating his surname and initials. The document is certified by the seal of the medical organization. The medical institution prepares a conclusion in two copies.

The first is attached to the outpatient card, the second is issued to a person who has undergone a medical examination. 8. Data on the passage of medical examinations are entered into personal medical books.

9. The medical organization, within 30 days after the completion of periodic medical examinations, summarizes their results. Then, together with the territorial bodies of Rospotrebnadzor and representatives of the employer, he draws up the final act. The final act is drawn up in four copies, which are sent within five working days from the date of approval to:

employer
to the center of occupational pathology of the subject of the Russian Federation;
to the territorial body of Rospotrebnadzor.

One copy of the final act is kept in the medical organization that conducted periodic examinations for 50 years (paragraph 45 of the Order).

Periodic medical examination when there are no harmful conditions

Employers need to organize a medical examination in order to:

to prevent accidents and diseases related to the working conditions of employees;
ensure maximum production efficiency (no need to look for a replacement for constantly ill workers, pay sick leave, train new workers hired to replace the sick);
ensure sanitary and epidemiological safety in their organizations (relevant for hospitals, pharmacies, kindergartens, schools, canteens, cafes, restaurants, hairdressers, beauty salons, hotels, sports complexes and other public service institutions);
avoid penalties.

What medical examinations do workers undergo? Medical examinations are preliminary, periodic, preventive, unscheduled, pre-shift and post-shift.

What is the frequency of medical examinations for the watchman and the driver cold. installations?

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 temporary work in another position.

Important

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.

Attention

For information If an employee is transferred for health reasons 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.

Directory of factors of order 302n by profession version 2

A preliminary medical examination must be carried out by all workers upon employment who have harmful conditions workers who are at risk of getting occupational diseases, as well as persons specified in Article 213 of the Labor Code of the Russian Federation (trade, education, food industry, etc.) Repeated medical examinations are carried out only by workers who fall into the list of professions in the unit for medical examination. IN different organizations medical examinations for representatives of the same profession are different.

This is because, in addition to the name of the profession or position, when sending for a medical examination, the harmful and dangerous factors that affect the worker and the categories of work that he performs are taken into account. For example, in one building materials warehouse, the night cleaner just cleans the floor, so every year she only undergoes a fluorogram and a gynecologist.

When a caretaker is hired, does the employer or employee pay for the medical examination?

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.

Order 302n on passing medical examinations

Question How often should honey pass. inspection workers by position - a watchman and a refrigeration engineer? Answer Answer to the question: When hiring individual employees, the employer is obliged to arrange for these employees to undergo a preliminary medical examination (Article 213 of the Labor Code of the Russian Federation). The organization of such medical examinations is carried out at the expense of the employer. The current legislation does not provide for mandatory preliminary medical examinations of all employees. Mandatory honey. inspection is determined by the factors of the production process and the scope of the organization. The list of harmful factors, as well as areas of activity in which honey is required. inspection are determined by the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n (ed.

Medical examination at the time of employment

employees of food industry enterprises, catering and trade, water supply facilities, medical and preventive and children's institutions (Article 213 of the Labor Code of the Russian Federation);
employees of departmental security (Article 6 of the Law of April 14, 1999 No. 77-FZ).

The lists of harmful and hazardous production factors and work requiring mandatory medical examinations are given in Appendixes 1 and 2 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n. At the same time, if, based on the results of a special assessment of working conditions, an acceptable or optimal class of working conditions is established, then a medical examination is not carried out for this factor.

This is stated in the letter of Rospotrebnadzor dated June 19, 2015 No. 01/7015-15-31. In addition, there are a number of industry documents, each of which regulates the procedure for conducting medical examinations in a particular type of activity.

Sout and honey. inspections

They should be guided by organizations that fall under the scope of these documents. This procedure is confirmed by both Article 213 of the Labor Code of the Russian Federation and Article 24 of the Law of November 21, 2011 No.

No. 323-FZ. For example, mandatory medical examinations are provided for employees employed:

in public utility organizations providing hairdressing and cosmetic services (clause 9.29 SanPiN 2.1.2.2631-10, approved by resolution Chief Sanitary Doctor of Russia dated May 18, 2010 No. 59);
in the construction industry (clause 13.1 SanPiN 2.2.3.1384-03, approved by the Decree of the Chief Sanitary Doctor of Russia dated June 11, 2003 No. 141);
in public catering organizations (clause 13.1 of SanPin 2.3.6.1079-01, approved by the Decree of the Chief Sanitary Doctor of Russia dated November 8, 2001

Harmful factors for medical examination by profession

at work related to the maintenance of electric power facilities (
on public railway transport (Procedure approved by order of the Ministry of Transport of Russia dated July 16, 2010 No. 154).

Employees under the age of 18 and professional athletes also undergo mandatory medical examinations (Articles 69, 266, 348.3 of the Labor Code of the Russian Federation). The procedure for conducting mandatory medical examinations of employees employed in work with harmful (dangerous) production factors is given in Appendix 3 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011.

No. 302n. The rules for the medical examination of drivers are established in the letter of the Ministry of Health of Russia dated August 21, 2003 No. 2510 / 9468-03-32. For all other categories of employees for whom there are no special rules for medical examination, these documents can also be applied.

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.

Certificate 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, the certificate is issued in the form 086 / y. Validity period of the certificate If a person gets a permanent job 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.

What factor to put for a medical examination for a watchman when applying for a job

Who is responsible for health screenings? In general, the employer is responsible for organizing and conducting medical examinations. Therefore, from among his employees, he selects those responsible for:

compiling a list of professions for medical examination.
Usually these are employees of the OT service;
preparation and issuance of an order to undergo a medical examination at the enterprise, a sample of which is kept by the clerk, in the OT service or by other persons involved in the process;
organization of the medical examination itself - preparation of documentation for the hospital, sending employees for a medical examination, monitoring its passage;
non-admission to work of persons who have not passed the examination. Most often, these are the direct supervisors of the work (heads of sections, foremen).

The day or days on which workers undergo a medical examination are paid to them "according to the average".
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Home → Accounting advice → Occupational safety Update: June 26, 2017 Preserving the life and health of workers is one of the most important tasks legal regulation employment in our country.