Medical examination when applying for a job. Rules for passing a medical examination when applying for a job
According to the second part of Art. 212 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), the employer is obliged in cases provided for by labor legislation and other regulatory legal acts containing norms labor law organize, at their own expense, mandatory preliminary (when applying for a job) and periodic (during labor activity) 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 while retaining their place of work (position) and average earnings for the time of passing these 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 a 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 mandatory preliminary (upon employment) and periodic medical examinations (examinations) of employees employed in hard work and at 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 workers for a mandatory medical examination, regardless of whether the working conditions at their workplaces are classified as harmful or dangerous according to the results of certification or a special assessment of working conditions (see, for example, letter of the Ministry of Labor of Russia dated 03/21/2014 N 15 -2 / OOG-242, letter of Rostrud dated 09.10.2015 N TZ / 20422-3-3). A similar point of view is presented in the explanations of Rostrud specialists posted on information portal this office 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 precisely the fact of the presence of harmful and hazardous conditions labor at the workplace is the basis provided for by the Labor Code of the Russian Federation for conducting mandatory medical examinations of employees.
About justice this conclusion, in our opinion, is also evidenced by note No. 2 to the List of factors, in accordance with which in 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 the harmful and dangerous factors themselves 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 dated January 24. 2014 N 33n), GOST 12.0.003-74 "System of labor safety standards. Hazardous and harmful production factors. Classification", approved by the Decree of the State Standard of the USSR 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 (class 4) (see Article 14 of the Federal Law of 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, paragraph 19 of the Procedure is also given, in accordance with which the lists of the contingent and name lists workers subject to mandatory medical examinations include 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 certification of workplaces for working conditions (currently - a special assessment of working conditions ) held in in due course. 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, by the level of their 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 start date of the regular production process at these workplaces.
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 dangerous factors and the level of their impact in order to determine the need to send employees for medical examinations (with the exception of cases listed in clauses 3.8, 3.9, 3.12, 4.1, 4.4.1-4.4.3 of the List of factors in which the employer has the right to focus only on results of a special evaluation).
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 with respect 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. Supreme Court of the Udmurt Republic, in its decision dated April 15, 2015 in case N 7-124 / 2015, also came to the conclusion that there was no corpus delicti 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, did not containing 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.
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 for the prevention of occupational diseases mandatory periodic medical examination. 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 dangerous and harmful production work which require periodic medical examinations of employees.
- Order of Rosminzdravmedprom, which contains information on the category of employees subject to mandatory medical examination, indicating its frequency.
- Industry papers ( sanitary rules and standards).
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 execution 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 in a person and preventing the risks of developing occupational and other diseases. Periodic procedures are carried out in order to monitor the health of employees and reduce industrial injuries. For each, there are deadlines in which the employee is required to see a doctor.
Periodic physical examination pursues and timely response to changes in health status. It is thanks to such events that it is possible to recognize the development at the initial stages and begin timely treatment. The results of the survey may prompt the employer to transfer the employee to a less hazardous area of production. The verdict of the medical commission ultimately either confirms the fact that the employee is fit to perform his duties, or, conversely, does not allow him to do so.
Prerequisites for medical examination
Periodic medical examinations are carried out in certain deadlines, which depend 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.
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 medical institution for a medical examination, the employer has to perform several tasks. First of all, you need to make a list of the contingent of workers. This is normative act enterprise, containing information about the professions of employees who are subject to 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 shall 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. Order for periodic medical examinations - binding document, which is compiled 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, health monitoring of employees is carried out under the condition that the latter work in hazardous and hazardous industries, regularly visit clinics 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).
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 not only for own lives, undergo a small physical examination daily. This includes workers employed in hazardous and hazardous industries. Purpose: to control the state of health after labor day and fixing complaints about well-being. Periodic medical examinations at work are carried out by drivers of all ground Vehicle as well as pilots. 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 checking the 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 employee in a vehicle that belongs to legal entity undergoing 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.
When hiring, many organizations insist on passing a medical examination. This is due to some provisions of labor legislation, which oblige the employer to register people who do not have health problems for the position.
Some citizens do not know if a medical examination is required when applying for a job when they come for an interview. According to the legislation, there are a number of enterprises and organizations that cannot employ those who have not been examined at the clinic.
When is a medical examination required?
There are professions in which the passage of the commission is prerequisite upon employment. The legislation establishes that the main areas requiring a mandatory preliminary examination include:
- food industry;
- transport industry;
- public catering and trade.
As well as work in the following institutions and industries:
- children's institutions;
- medical organizations;
- waterworks;
- in hazardous and hazardous industries.
For example, if a citizen gets a job in an organization that produces or sells food products, then he definitely needs to go through doctors for the absence of diseases. The employer is obliged to require the employee to pass the commission, otherwise the actions of the employer are considered unlawful and illegal. As a rule, it is not difficult to go through all the doctors, but medical institutions charge a certain fee for this.
At whose expense is it paid
The employer does not always warn a potential employee that a medical examination upon employment is carried out at his expense. Most often, preference is given to those who already have a ready-made medical book on hand, or to those who do not know the provisions of the law. Articles 212 and 213 of the Labor Code state that the employer is obliged to bear all the costs associated with the mandatory passage of the commission in a medical institution.
How to save on commissions
Some facts
Required for medical examination the following documents: 1) a passport of a citizen who is assigned a preliminary medical examination; 2) a referral from an enterprise where a citizen is employed. Usually those surveys that are necessary for a citizen for employment are marked in the direction 3) an outpatient card.
In medical institutions, annual medical examinations are held for citizens by year of birth. All doctors receive citizens for free, including if it is a medical board for employment. If a citizen of a suitable year of birth goes to the clinic to undergo a commission, then some doctors accept him for free. The employer significantly saves on the payment of funds spent on the employment of such citizens.
Organization tricks
Since the medical examination when hiring in most organizations is mandatory, employers go to some tricks. For example, they register a person for work not on the date when the referral to the commission was issued, but on the date when this commission was passed.
In this case, the organization does not reimburse the citizen. Some employers deliberately keep silent about the fact that the medical examination is carried out at their expense, further intimidating the future employee by not being hired without a commission.
What exactly does the law say?
Labor legislation quite clearly prescribes that the employer is obliged to pay the costs of a future employee who gets a position from the mandatory list of professions. This is used by unscrupulous organizations that employ citizens in industries or jobs that are not on the list.
For example, municipal institution, which works with the population, but does not apply to food, children's or hazardous production, obliges to undergo a commission at the expense of the job seeker. The institution operates within the framework of the law, and at the same time violates it. The employee may send inspection receipts to the employer with an application for reimbursement of funds, which must be reviewed, signed and transferred to the finance department or accounting department.
This video explains the importance of getting a medical check-up.
Which doctors need to go
When is it passed medical commission when applying for a job, the offices of the following doctors are mandatory:
Important information
List of diseases for which a medical examination certificate is not issued: 1) Eye diseases. If this is work at a computer or work related to driving vehicles, then it is unlikely that people who have vision problems will be allowed to do so; 2) Infectious skin diseases; 3) In some cases, it is alcoholism, drug addiction and mental illness.
- pre-medical office (height, weight, vision);
- examination room (gynecologist);
- neuropathologist;
- psychiatrist;
- surgeon;
- expert in narcology;
- fluorography;
- cardiologist;
- laboratory ( general analysis blood and urine);
- general practitioner or therapist.
Some doctors have to go through additional, depending on future profession and areas of employment.
For example, drivers public transport you must definitely go through an ophthalmologist who will write a conclusion about the health of the eyes and the state of vision. Employees of the food industry, trade and children's organizations - a dermatovenereologist for the absence of skin diseases. Employees of the food trade and industry must undergo a medical examination when hiring an otolaryngologist.
To know exactly which doctors you need to go through, you need to contact the cashier medical institution, where they will write a list of doctors and offices after payment.
When employed at a food industry enterprise and an enterprise where communication takes place with children, the employee must draw up a personal medical book. For registration, you must provide a photo 3X4.
During the initial application, it will also be necessary to provide SNILS, an insurance policy for compulsory medical insurance and a receipt for payment for a medical examination at this clinic. However, if the medical examination takes place in a paid clinic, then SNILS and compulsory medical insurance do not need to be provided.
Who needs to undergo a psychiatric examination
According to Article 213 of the Labor Code, mandatory medical examination when applying for a job with a psychiatrist, those who get a job in an organization or enterprise with heightened danger for good health. For example, those who work in direct contact with chemicals or biological compounds. The passage of a psychiatrist allows you to identify how much a person is morally and psychologically ready for health risks.
What is a preview
Sometimes the employer, instead of sending a candidate for a position for a medical examination to a polyclinic, sends him to pass preliminary inspection. According to the law, this is the same commission for employment. There are two types of inspections - primary (preliminary) and periodic (at a certain period of time).
The initial preliminary examination allows you to determine how physically a person is ready for future work. For example, if we are talking about drivers of vehicles, the inspection makes it possible to find out if a person has a tendency to heart, kidney or other acute insufficiencies.
The law states that a medical examination can be carried out as public institutions and private clinics. The main condition for this is that they have the appropriate certificate and license to conduct medical and preventive activities. An exception in this case will be a psychiatrist, whom the applicant needs to visit at a local hospital (psycho-neurological dispensary) according to the place of residence.
For more information regarding the medical examination when applying for a job, you can find out by asking a question in the comments.
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.
Note
Passing a medical examination, on the one hand, allows the employer to make sure that he entrusts a responsible business to a physically and mentally healthy person. On the other hand, the applicant himself will know whether he is ready to perform the tasks assigned to him. Annual medical examinations will also help to track the dynamics of the state of health.
When is a pre-employment screening required?
The obligatory passing of a medical examination for people of certain professions is enshrined in the Labor Code of the Russian Federation (set out in Art. 69,,,,, 348.3.)
The employer does not have the right, according to article 212 of the Labor Code of the Russian Federation, to hire a person who has not passed a medical examination. It is necessary to obtain a medical opinion in the form of a certificate or a medical book before concluding an employment contract.
A medical examination is needed when applying for such types of work that are related to driving, interacting with children, with a large number of people, where there are special working conditions, where fateful decisions are required or the use of weapons.
Who is required to undergo a preliminary medical examination?
The Labor Code of the Russian Federation requires certain categories of workers to undergo a medical examination when applying for a job:
- under 18 years of age:
- whose profession is associated with harmful and dangerous production;
- who work in the food industry;
- who provides medical services;
- trade workers;
- involved in transport;
- teachers, counselors, educators, teachers;
- working in extreme conditions;
- service personnel, for example: waiters, hairdressers, cosmetologists, athletes;
- judges, law enforcement officers, other employees of state institutions;
- who work in the Far North or in those places that are equated to it.
Such a medical examination before hiring is called primary. It allows you to determine whether a person is ready for health reasons to perform the work for which he is hired, whether he has chronic and hereditary diseases that can affect his health in the future and interfere with the performance of assigned tasks. Such a physical examination also protects the team from infectious diseases that a new employee can bring.
Form
When accepting a new employee, the manager, against signature, gives him a referral form for a medical examination by doctors. The document is issued by an employee of the enterprise in which the applicant is going to work. There is no single sample form for a medical examination when applying for a job. But there are certain requirements for its design. It must contain:
- name of the organization, enterprise;
- type of activity and form of ownership;
- the name of the clinic where you need to undergo a medical examination, indicating contact numbers and addresses;
- type of medical examination;
- Full name of the person being sent and his date of birth;
- the name of his future profession;
- risk factors in the enterprise.
The timing of the medical examination is agreed in advance.
Employer's responsibility
The head is obliged, according to the law, to send the employee to undergo a medical examination, if the position and the specifics of the work provide for such a need. This is a requirement Labor law(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 impose penalties on violators of Labor legislation. 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 future work he is given a referral for 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).
- Get a medical report or medical book. The medical book takes some time to complete, but you can get a certificate from the medical institution 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.
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.
Note
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 either temporary or 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 does not suit 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.
Note
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 area 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.
This is a rather important event that must be carried out in accordance with the requirements labor code. In certain cases, employees are required to undergo a preliminary medical examination upon hiring. Is it necessary to conduct it for employees working at a computer?
Position for cautious employers
Most employees of the organization somehow work in the office at the computer, while a number of them spend more than 50% of their working time on it.
If an employee gets such a job, does he need to pass, even if the conducted SOUT does not require this?
According to specialists from the Ministry of Labor of Russia, it is necessary to conduct a medical examination for such workers. Their opinion is based on the list of harmful and (or) dangerous factors approved by the Ministry of Health, paragraph 3.2.2.4.
Medical examination is necessary in the presence of two factors:
- An employee interacts with a computer to enter and read information in a dialogue mode for a total of at least half of his working day.
- At the workplace, the presence of an electromagnetic field of the frequency spectrum emitted by a personal computer was noted.
Most often, these workers include:
- Programmers.
- Accountant.
- Office staff such as office managers, secretary, sales manager, PC operator, etc.
- Management staff
- Etc.
Attention! For such employees, it is necessary to conduct a medical examination once every two years.
If you're ready to stand your ground
The second position may raise questions. It is possible to conduct medical examinations of employees who work on computers for more than half of their working time only if, according to the results of a special assessment, the place of work is recognized as dangerous or harmful. This position is explained as follows.
According to the list of dangerous and harmful factors, when working on a computer, more than half of the working time is necessary for such categories of workers to undergo medical examinations. In this case, according to footnote "2" above the specified list, it is said that such working factors belong to dangerous and (or) harmful classes, based on the current regulatory legal acts.
Each employer must conduct at their workplaces special assessment to determine working conditions (SUT). Its result will be, according to Article 3 Part 2 federal law No. 426-FZ of December 28, 2013, assessment of workplaces and assignment of hazard and (or) hazard classes to them. Classes, in turn, can be divided into dangerous, harmful, permissible and optimal (Article 14, part 1 of the Federal Law on special assessment).
In this regard, the need for medical examinations will depend on which hazard classes will be assigned to each workplace equipped with a personal computer. If electromagnetic radiation is detected and a hazard class is assigned, then medical examinations will be mandatory. If no harmful factors are found, then there is no need for medical examinations either.
