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Periodic medical examination is aimed at. How to arrange for medical examinations of employees

"Kadrovik.ru", 2013, N 11

PERIODIC HEALTH EXAMINATIONS OF EMPLOYEES

The concept of a medical examination (examination) came after the concept of “medical examination” in 2006 (corresponding changes to the Labor Code of the Russian Federation were made by Federal Law No. 90-FZ of June 30, 2006), but its content did not lose its meaning. The current Russian legislation does not define a medical examination or certification, but the etymology of this phrase, as well as the purpose of the event in question, make it possible to reveal its meaning: a medical examination is a study of a person’s health by a professional medical worker. The term “examination” presupposes professional, expert confirmation of conclusions about the state of health of the person being examined, a certain consolidation of the result of the examination, i.e., the issuance of an appropriate certificate.

The term “medical examination” is most succinctly formulated in Art. 65 of the Federal Law of November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation” and is a set of methods of medical examination and medical research aimed at confirming a state of human health that entails the onset of legally significant consequences. In-depth medical examinations are periodic medical examinations with an expanded list of medical specialists participating in them and the examination methods used. Clinical examination is a set of measures, including a medical examination by doctors of several specialties, and the application of the necessary examination methods, carried out in relation to certain groups of the population in accordance with the legislation of the Russian Federation. Also, the legislation of the Russian Federation establishes cases when undergoing and conducting a medical examination, medical examination and clinical observation are mandatory (Article 46 of the Federal Law of November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”). As for periodic medical examinations, they are carried out to monitor the health status of employees, identify occupational diseases, promote preventive and rehabilitation measures, and prevent accidents at work. Regular medical examinations are carried out throughout the entire period of the employee’s employment with the employer at specific time intervals. The frequency of their implementation depends on the types of harmful and (or) dangerous production factors that affect the employee, and on the type of work he performs. One of the types of periodic medical examination is a pre-shift/pre-trip/pre-flight medical examination, which is carried out before the start of the working day (shift, flight) of the employee directly driving the vehicle, in order to identify signs of exposure to harmful and (or) dangerous production factors, conditions and diseases, interfering with the performance of work duties, including alcohol, narcotic or other toxic intoxication (Article 46 of the Federal Law of November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”). This type of medical examination is carried out to identify employees who, for medical reasons, cannot be allowed to drive a vehicle based on considerations of traffic safety and the health of the driver and passengers. To conduct such a medical examination, a medical worker must undergo training, receive a certificate, and a medical organization must have the appropriate license (Order of the Ministry of Health of the Russian Federation dated March 11, 2013 N 121n). The time during which the pre-trip medical examination is carried out is included in the driver’s working hours (Article 185 of the Labor Code of the Russian Federation).

You should know it. A fairly accurate definition of a medical examination, according to the author, is as follows: this is a complex of medical interventions that identify pathological conditions, diseases and risk factors for their development. Medical examination is divided into the following types: preventive, preliminary, periodic, pre-shift/pre-trip, post-shift/post-trip. In addition to these procedures, there is also a medical examination, in-depth medical examination and medical examination.

Note. Types of medical examination are defined in Art. 213 of the Labor Code of the Russian Federation.

In accordance with the Order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011 N 302n “On approval of the Lists of harmful and (or) hazardous production factors and work, during which preliminary and periodic medical examinations (examinations) are carried out, and the Procedure for conducting mandatory preliminary and periodic medical examinations (examinations) of workers engaged in heavy work and in work with harmful and (or) dangerous working conditions" (hereinafter - Order N 302n) on January 1, 2012, rules came into force obliging employers to conduct periodic medical examinations for your account. However, this applies to cases where workers actually have hazardous working conditions.

According to Order N 302n, mandatory medical examinations affect workers who are employed in the fields of education, healthcare, medical catering industry, construction, transport, consumer services and other areas in which the employee is exposed to harmful factors (clauses 1, 4.3, 12 , 14 - 27 Appendix No. 2 “List of work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) of workers are carried out” to Order No. 302n).

This Order establishes a List of harmful and (or) dangerous production factors, in the presence of which mandatory (preliminary) and periodic medical examinations (examinations) are carried out, a List of works during the performance of which mandatory (preliminary) and periodic medical examinations (examinations) of workers are carried out, and The procedure for conducting mandatory (preliminary) and periodic medical examinations (examinations) of workers engaged in heavy work and work with harmful and (or) dangerous working conditions, from January 1, 2012. When comparing documents regulating medical examinations before 2012, It is clear that the Order has increased the list of harmful factors and specified the procedure for conducting medical examinations.

We list the main features of the new procedure for conducting medical examinations:

1. The contingent of employees who need to undergo a medical examination is determined and approved by the organization independently, without coordination with various departments, and within 10 days must be sent to the territorial body of the federal executive body, which is authorized to carry out federal state sanitary and epidemiological supervision (clause clause 19, 21 part III "Procedure for periodic inspections" of Appendix No. 3 to Order No. 302n).

2. The frequency of medical examinations has changed: until January 1, 2012, examinations had to be carried out at least once every two years, and currently the frequency of their conduct is reflected in Order N 302n - for various harmful and dangerous production factors, for different types work during which periodic medical examinations are carried out - from once a year to once every two years (Appendices No. 1, No. 2 to Order No. 302n). It should be noted that employees under the age of 21 must undergo periodic inspections annually (clause 17, part III “Procedure for periodic inspections” of Appendix No. 3 to Order No. 302n).

3. The list of persons undergoing examinations at occupational pathology centers and medical institutions equivalent to them has changed. These are participants in emergency situations, workers exposed to harmful and (or) hazardous substances, production factors exceeding the maximum permissible concentration/permissible limit, workers with a preliminary diagnosis of an occupational disease, employees with persistent consequences of industrial accidents and other persons - when making an appropriate decision by a medical commission (clause 37, part III “Procedure for periodic examinations” of Appendix No. 3 to Order No. 302n).

4. It is considered mandatory to issue an employee a referral from the employer when sending him for a periodic medical examination (clauses 7, 8, part II “Procedure for preliminary examinations” of Appendix No. 3 to Order No. 302n).

5. It is mandatory for the medical institution to issue a health passport for the employee (clause 10.2, clause 10, part II “Procedure for preliminary examinations” of Appendix No. 3 to Order No. 302n).

7. For women over 40 years old, mammography or ultrasound of the mammary glands is mandatory once every two years (link 1 to Appendix No. 1 to Order No. 302n).

8. The format of the final report based on the results of medical examinations has been changed, and it must be stored in a medical institution for 50 years (clauses 43 - 45, part III “Procedure for periodic examinations” of Appendix No. 3 to Order No. 302n).

9. The chairman of the medical commission should be an occupational pathologist, and the commission should be composed of medical specialists who have undergone advanced training in the specialty “occupational pathology” (clause 5 of part I “General provisions” of Appendix No. 3 to Order No. 302n).

10. The order introduced new forms of documents for medical examinations - a referral for a medical examination, a medical report on the results of the medical examination, an employee’s health passport, a final report based on the results of medical examinations, etc. (clauses 7, 8, 10.2, 12 - 14 Part II "Procedure for preliminary inspections", paragraphs 42 - 45 Part III "Procedure for periodic inspections" of Appendix No. 3 to Order No. 302n).

In general, it can be noted that Order No. 302n contains changes to medical regulations for conducting periodic medical examinations, but it cannot be considered that it has radically changed the previously existing practice. The conduct of medical examinations was previously documented by other regulations, which became invalid on January 1, 2012.

Order No. 302n (clause 3.5 of Appendix No. 1, clauses 19, 20, part III “Procedure for periodic examinations” of Appendix No. 3 to the Order) states that organizations must conduct medical examinations based on the certification of employees’ workplaces . Certification of workplaces provides a detailed description of working conditions in the workplace.

Carrying out medical examinations is the responsibility of the employer; this applies to categories of employees defined by labor legislation (in accordance with paragraph 11, part 2, article 212 of the Labor Code of the Russian Federation). But the employee is also required to undergo such medical examinations. This is enshrined in Art. 214 of the Labor Code of the Russian Federation, according to which employees must undergo mandatory preliminary and periodic medical examinations, and extraordinary examinations upon the direction of the employer. This condition may be specified by the collective agreement of the organization in which the employees work. If an employee refuses to undergo a medical examination, the organization must remove him from work, which is reflected in Art. 76 Labor Code of the Russian Federation. During the period of suspension from work (preclusion from work), the employee’s wages are not accrued, except in cases provided for by the Labor Code of the Russian Federation or other federal laws (Article 76 of the Labor Code of the Russian Federation), this period is not included in the length of service giving the right to annual paid leave ( Article 121 of the Labor Code of the Russian Federation). If the employer is at fault in this situation, then the time the employee is suspended is paid as downtime; this is regulated by Art. 76 Labor Code of the Russian Federation.

Periodic medical examinations must be carried out during working hours and paid in the amount of the employee’s average earnings (paragraph 11, part 2, article 212 of the Labor Code of the Russian Federation).

Those working in hazardous working conditions are entitled to at least 7 calendar days of annual additional paid leave, increased wages - in the amount of at least 4% of the salary and reduced working hours - no more than 36 hours per week (Article 92 of the Labor Code of the Russian Federation, clause 1 Resolution of the Government of the Russian Federation of November 20, 2008 N 870 “On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions”).

If employees have received voluntary health insurance (VHI) policies at the expense of the organization, this does not cancel preliminary and periodic medical examinations of employees working in hazardous working conditions. If a medical institution serving an organization under VHI has a license to conduct medical examinations, as well as to examine professional suitability, a separate additional agreement can be concluded with it on conducting a medical examination of the organization’s employees.

The conduct of medical examinations is controlled by the territorial body of Rospotrebnadzor, where the employer sends a list of employees subject to examination within 10 days from the date of its approval (clause 21, part III "Procedure for periodic examinations" of Appendix No. 3 "Procedure for mandatory preliminary examinations (upon admission) to work) and periodic medical examinations (examinations) of workers engaged in heavy work and work with harmful and (or) dangerous working conditions" to Order No. 302n). Upon completion of the medical examination, the medical institution, together with Rospotrebnadzor, draws up a final report based on the results of the examinations, one copy of the report is sent to the employer, and the other copies are sent to the territorial body of Rospotrebnadzor and to the territorial center of occupational pathology (clauses 42, 45, 46, part III of Appendix No. 3 to Order No. 302n), which assesses the relationship between identified suspicions of occupational diseases and working conditions of workers (clause 41, part III of Appendix No. 3 to Order No. 302n). Then the results of the inspections are summarized at the regional and federal levels, which makes it possible to assess their quality (clause 33, part III of Appendix No. 3 to Order No. 302n).

If during a medical examination an employee is diagnosed with an occupational disease, it must be confirmed by a medical organization that has a license that allows for an examination and confirmation of the connection of the disease with the profession. An occupational disease is considered to be one included in the national list of occupational diseases (this list was approved by Order of the Ministry of Health and Social Development of the Russian Federation dated April 27, 2012 N 417n “On approval of the List of Occupational Diseases” in accordance with clause 15 of Article 14 of Federal Law N 323- Federal Law "On the fundamentals of protecting the health of citizens in the Russian Federation"). If an occupational disease is confirmed, the employee must be sent to the territorial bureau of medical and social examination to determine the degree of loss of professional ability. He can receive either a disability group or a percentage of loss of ability to work and, therefore, will receive a disability pension or a salary supplement (Resolution of the Government of the Russian Federation of February 20, 2006 N 95 “On the procedure and conditions for recognizing a person as disabled”, paragraph 14 h II, paragraph 15, part III). The costs of medical care for patients with occupational diseases are borne by the Social Insurance Fund if the employee was insured and the organization contributed funds for him to the Social Insurance Fund (Article 8, 15 Chapter II of the Federal Law of July 24, 1998 N 125-FZ " On compulsory social insurance against accidents at work and occupational diseases"). Thus, the organization does not bear direct costs in this case; its responsibility is indirect.

If the employer does not pay for medical examinations and does not provide compensation for harmful working conditions to the employee, the latter, in order to protect his rights, can contact the trade union committee, the labor dispute commission of his organization, or the state labor inspectorate.

In case of violation of the legislation on conducting compulsory medical examinations of workers, the penalties provided for violation of the legislation on labor and labor protection, Art. 5.27 of the Code of the Russian Federation on Administrative Offenses dated December 30, 2001 N 195-FZ.

Thus, an official can be fined in the amount of 1,000 to 5,000 rubles, an individual entrepreneur without forming a legal entity - in the amount of 1,000 to 5,000 rubles. or be subject to administrative suspension of activities for up to 90 days, a legal entity may be fined in the amount of 30 thousand to 50 thousand rubles. or be subject to administrative suspension of activities for a period of up to 90 days (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation of December 30, 2001 N 195-FZ). Violation of labor and labor protection legislation by an official who was previously subjected to administrative punishment for a similar administrative offense entails disqualification for a period of one to three years (Part 2 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation of December 30, 2001 N 195-FZ).

“On the sanitary and epidemiological welfare of the population” does not give rise to discrepancies: Article 34 “Compulsory medical examinations” states that workers... are required to undergo preliminary upon employment and periodic preventive medical examinations. Individual entrepreneurs and legal entities are obliged to provide the conditions necessary for timely medical examinations by employees.

What specialists should a medical worker visit before starting work (since without undergoing medical examinations on the basis of the same Federal Law-52 he cannot be allowed to perform official duties) is stated in the Order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011. "On approval of lists of harmful and (or) dangerous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations are carried out..."

The order came into force on January 1, 2012. However, it has not yet been fully read by the heads of cosmetology clinics. According to the old tradition, they looked at the list, found an item that concerns medical workers (in order No. 302n this is item 17 of Appendix 2) and decided that this was enough.

Those who had the patience to scroll through Appendix 2 to the end discovered that no - not enough. Indeed, other types of inspections are indicated in the note to the appendix.

Medical examinations of medical workers

Medical workers undergo:

When starting a job:

  • chest x-ray;
  • blood test for syphilis;
  • smears for gonorrhea;
  • testing for carriage of intestinal pathogens and serological testing for typhoid fever (hereinafter - according to epidemiological indications);
  • studies for helminthiases (in the future - at least once a year or according to epidemiological indications);
  • a swab from the throat and nose for the presence of pathogenic staphylococcus (in the future - once every 6 months);
  • 1 time per year examination by a dermatovenerologist, otorhinolaryngologist, dentist and infectious disease specialist (upon recommendation).

When conducting both preliminary (before entering work) and periodic (that is, annual) medical examinations, the health worker takes a clinical blood test (hemoglobin, color index, red blood cells, platelets, leukocytes, leukocyte formula, ESR), a clinical urine test (specific gravity, protein , sugar, sediment microscopy), undergoes electrocardiography, digital fluorography or radiography in 2 projections (direct and right lateral) of the lungs, biochemical screening: determination of glucose and cholesterol levels in the blood serum.

All women are examined by an obstetrician-gynecologist with bacteriological (for flora) and cytological (for atypical cells) examinations at least once a year; Women over the age of 40 undergo mammography or ultrasound of the mammary glands once every 2 years.

All medical workers must be vaccinated in accordance with the National Vaccination Calendar, approved by the Order of the Russian Ministry of Health dated March 21, 2014.

Can an employee undergo a medical examination on his own and is it enough to simply have a medical book at the workplace?

No. The medical examination system itself must be organized by the head and confirmed by certain documents.

This is stated in the order of the Ministry of Health and Social Development No. 302n, but in more detail - in the territorial department of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare in the city of Moscow “On the application of the order of the Ministry of Health and Social Development of Russia No. 302n dated April 12, 2011.”

Carrying out a medical examination program in a clinic or beauty salon with a medical license begins with the manager compiling a list of the contingent of employees available in his institution and sending it to the territorial body of Rospotrebnadzor.

This list is approved by Rospotrebnadzor, and on its basis you can enter into an agreement with an organization that has a license for the type of activity.

In fact, it contains everything in a structured form that is in the medical book itself, only in the act it can be read, whereas in the medical book the seals are usually sloppy and the signatures of the doctors are illegible. That’s why there are so many phony, fake books - the temptation is great, but no one understands anything about them anyway...

The former chief sanitary doctor, widely known in medical (and not only!) circles, G. Onishchenko, assured that the medical book is the most falsified document in Russia.

So, the final act is all the information about each of the workers who passed the inspection.

It states:

  • date of issue of the conclusion;
  • last name, first name, patronymic, date of birth, gender of the person applying for work (employee);
  • employer's name;
  • name of the employer's structural unit (if any), position (profession) or type of work;
  • name of the harmful production factor(s) and (or) type of work;
  • the result of the medical examination (medical contraindications were identified or not identified);
  • the conclusion is signed by the chairman of the medical commission indicating the surname and initials and certified by the seal of the medical organization that conducted the medical examination.

Such a report is drawn up for each employee who was sent for a medical examination. In general, a general act is drawn up for the organization, and now it contains all the information in full:

  • name of the medical organization that conducted the preliminary examination, address of its location and OGRN code;
  • date of drawing up the act;
  • employer's name;
  • the total number of workers, including women, workers under the age of 18, workers who have been diagnosed with a permanent degree of disability;
  • the number of workers engaged in heavy work and work with harmful and (or) dangerous working conditions;
  • number of workers employed in jobs that require periodic medical examinations (examinations) in order to protect public health, prevent the occurrence and spread of diseases, including women, workers under 18 years of age, workers who have been diagnosed with a permanent degree of disability ;
  • the number of workers subject to periodic medical examination, including women, workers under the age of 18, workers who have been determined to have a permanent degree of disability;
  • the number of workers who have undergone periodic medical examinations, including women, workers under the age of 18, workers who have been diagnosed with a permanent degree of disability;
  • percentage of employees covered by periodic medical examinations;
  • a list of persons who have undergone a periodic medical examination, indicating gender, date of birth, structural unit (if any), conclusion of the medical commission;
  • the number of workers who have not completed periodic medical examinations, including women, workers under the age of 18, workers who have been determined to have a permanent degree of disability;
  • a list of employees who have not completed periodic medical examinations;
  • the number of workers who have not undergone periodic medical examinations, including women, workers under the age of 18, workers who have been determined to have a permanent degree of disability;
  • a list of employees who have not undergone periodic medical examinations;
  • the number of employees who do not have medical contraindications to work;
  • the number of employees with temporary medical contraindications to work;
  • the number of employees with permanent medical contraindications to work;
  • number of employees requiring additional examination (no conclusion given);
  • the number of workers who need examination at the occupational pathology center;
  • the number of workers in need of outpatient examination and treatment;
  • the number of workers in need of inpatient examination and treatment;
  • the number of employees in need of sanatorium-resort treatment;
  • the number of employees in need of dispensary observation;
  • a list of persons with a preliminary diagnosis of an occupational disease, indicating gender, date of birth, structural unit (if any), profession (position), harmful and (or) hazardous production factors and work;
  • a list of newly diagnosed chronic somatic diseases indicating the class of diseases according to the International Classification of Diseases - 10 (hereinafter referred to as ICD-10);
  • a list of newly identified occupational diseases indicating the class of diseases according to ICD-10;
  • results of implementation of recommendations of the previous final act;
  • recommendations to the employer on the implementation of a set of health-improving measures, including preventive and other measures.

Pay attention to the latter - this very complex can also be checked by the labor inspectorate!

When checking compliance with sanitary and epidemiological regulations in a clinic or beauty salon, representatives of Rospotrebnadzor also have the right to check the list of workers according to the final act with the list of contingent.

Yes, you and I have not yet clarified what should be indicated in the list of contingents compiled by the employer in order to be approved by Rospotrebnadzor:

  • employer's name;
  • form of ownership and type of economic activity of the employer according to OKVED;
  • name of the medical organization, actual address of its location and OGRN code;
  • type of medical examination (preliminary or periodic);
  • last name, first name, patronymic of the person applying for work (employee);
  • date of birth of the person applying for work (employee);
  • name of the structural unit of the employer (if any) in which the person applying for work will be employed (employee);
  • name of position (profession) or type of work;
  • harmful and (or) dangerous production factors, as well as the type of work in accordance with the contingent of workers approved by the employer, subject to preliminary (periodic) inspections.

Health passport

Important! When conducting a medical examination in an organization that has assumed this responsibility, an outpatient card is created for the employee undergoing the medical examination. Since May 2015, this is form N 025/u “Medical record of a patient receiving medical care on an outpatient basis,” approved by Order of the Ministry of Health of Russia dated December 15, 2014.

Order No. 302n of the Ministry of Health and Social Development, which came into force in 2012, already mentions the Health Passport, but regulatory authorities (in particular, Rospotrebnadzor) recently began to check it. There are no exceptions for medical workers of private clinics, including cosmetology clinics: A health passport is not issued only to those who are assigned to medical care by the FMBA of Russia.

The Health Passport must have a number and the date it was filled out. And this document is constantly kept by the employee, to the organization that conducts medical examinations, it is handed over only for the duration of their completion.

Fines for non-compliance with the rules for conducting medical examinations

And another question - who pays for everything? The answer is clear - a legal entity that enters into an agreement with an organization to conduct preventive and periodic medical examinations. Here the Civil Code comes into force: the Contractor undertakes to do, the Customer undertakes to pay. Who is the person ordering the medical examination? Clinic or beauty salon with a medical license.

And now about whether a fine can be imposed for non-compliance with the rules for conducting medical examinations.

The Code of Administrative Offenses, Article 5.27.1 “Violation of state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation” will tell us about fines for medical examinations in 2015:

Allowing an employee to perform his job duties without... mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations... entails the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty-five thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from fifteen thousand to twenty-five thousand rubles; for legal entities - from one hundred ten thousand to one hundred thirty thousand rubles.

“On the sanitary and epidemiological welfare of the population” does not give rise to discrepancies: Article 34 “Compulsory medical examinations” states that workers... are required to undergo preliminary upon employment and periodic preventive medical examinations. Individual entrepreneurs and legal entities are obliged to provide the conditions necessary for timely medical examinations by employees.

What specialists should a medical worker visit before starting work (since without undergoing medical examinations on the basis of the same Federal Law-52 he cannot be allowed to perform official duties) is stated in the Order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011. "On approval of lists of harmful and (or) dangerous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations are carried out..."

The order came into force on January 1, 2012. However, it has not yet been fully read by the heads of cosmetology clinics. According to the old tradition, they looked at the list, found an item that concerns medical workers (in order No. 302n this is item 17 of Appendix 2) and decided that this was enough.

Those who had the patience to scroll through Appendix 2 to the end discovered that no - not enough. Indeed, other types of inspections are indicated in the note to the appendix.

Medical examinations of medical workers

Medical workers undergo:

When starting a job:

  • chest x-ray;
  • blood test for syphilis;
  • smears for gonorrhea;
  • testing for carriage of intestinal pathogens and serological testing for typhoid fever (hereinafter - according to epidemiological indications);
  • studies for helminthiases (in the future - at least once a year or according to epidemiological indications);
  • a swab from the throat and nose for the presence of pathogenic staphylococcus (in the future - once every 6 months);
  • 1 time per year examination by a dermatovenerologist, otorhinolaryngologist, dentist and infectious disease specialist (upon recommendation).

When conducting both preliminary (before entering work) and periodic (that is, annual) medical examinations, the health worker takes a clinical blood test (hemoglobin, color index, red blood cells, platelets, leukocytes, leukocyte formula, ESR), a clinical urine test (specific gravity, protein , sugar, sediment microscopy), undergoes electrocardiography, digital fluorography or radiography in 2 projections (direct and right lateral) of the lungs, biochemical screening: determination of glucose and cholesterol levels in the blood serum.

All women are examined by an obstetrician-gynecologist with bacteriological (for flora) and cytological (for atypical cells) examinations at least once a year; Women over the age of 40 undergo mammography or ultrasound of the mammary glands once every 2 years.

All medical workers must be vaccinated in accordance with the National Vaccination Calendar, approved by the Order of the Russian Ministry of Health dated March 21, 2014.

Can an employee undergo a medical examination on his own and is it enough to simply have a medical book at the workplace?

No. The medical examination system itself must be organized by the head and confirmed by certain documents.

This is stated in the order of the Ministry of Health and Social Development No. 302n, but in more detail - in the territorial department of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare in the city of Moscow “On the application of the order of the Ministry of Health and Social Development of Russia No. 302n dated April 12, 2011.”

Carrying out a medical examination program in a clinic or beauty salon with a medical license begins with the manager compiling a list of the contingent of employees available in his institution and sending it to the territorial body of Rospotrebnadzor.

This list is approved by Rospotrebnadzor, and on its basis you can enter into an agreement with an organization that has a license for the type of activity.

In fact, it contains everything in a structured form that is in the medical book itself, only in the act it can be read, whereas in the medical book the seals are usually sloppy and the signatures of the doctors are illegible. That’s why there are so many phony, fake books - the temptation is great, but no one understands anything about them anyway...

The former chief sanitary doctor, widely known in medical (and not only!) circles, G. Onishchenko, assured that the medical book is the most falsified document in Russia.

So, the final act is all the information about each of the workers who passed the inspection.

It states:

  • date of issue of the conclusion;
  • last name, first name, patronymic, date of birth, gender of the person applying for work (employee);
  • employer's name;
  • name of the employer's structural unit (if any), position (profession) or type of work;
  • name of the harmful production factor(s) and (or) type of work;
  • the result of the medical examination (medical contraindications were identified or not identified);
  • the conclusion is signed by the chairman of the medical commission indicating the surname and initials and certified by the seal of the medical organization that conducted the medical examination.

Such a report is drawn up for each employee who was sent for a medical examination. In general, a general act is drawn up for the organization, and now it contains all the information in full:

  • name of the medical organization that conducted the preliminary examination, address of its location and OGRN code;
  • date of drawing up the act;
  • employer's name;
  • the total number of workers, including women, workers under the age of 18, workers who have been diagnosed with a permanent degree of disability;
  • the number of workers engaged in heavy work and work with harmful and (or) dangerous working conditions;
  • number of workers employed in jobs that require periodic medical examinations (examinations) in order to protect public health, prevent the occurrence and spread of diseases, including women, workers under 18 years of age, workers who have been diagnosed with a permanent degree of disability ;
  • the number of workers subject to periodic medical examination, including women, workers under the age of 18, workers who have been determined to have a permanent degree of disability;
  • the number of workers who have undergone periodic medical examinations, including women, workers under the age of 18, workers who have been diagnosed with a permanent degree of disability;
  • percentage of employees covered by periodic medical examinations;
  • a list of persons who have undergone a periodic medical examination, indicating gender, date of birth, structural unit (if any), conclusion of the medical commission;
  • the number of workers who have not completed periodic medical examinations, including women, workers under the age of 18, workers who have been determined to have a permanent degree of disability;
  • a list of employees who have not completed periodic medical examinations;
  • the number of workers who have not undergone periodic medical examinations, including women, workers under the age of 18, workers who have been determined to have a permanent degree of disability;
  • a list of employees who have not undergone periodic medical examinations;
  • the number of employees who do not have medical contraindications to work;
  • the number of employees with temporary medical contraindications to work;
  • the number of employees with permanent medical contraindications to work;
  • number of employees requiring additional examination (no conclusion given);
  • the number of workers who need examination at the occupational pathology center;
  • the number of workers in need of outpatient examination and treatment;
  • the number of workers in need of inpatient examination and treatment;
  • the number of employees in need of sanatorium-resort treatment;
  • the number of employees in need of dispensary observation;
  • a list of persons with a preliminary diagnosis of an occupational disease, indicating gender, date of birth, structural unit (if any), profession (position), harmful and (or) hazardous production factors and work;
  • a list of newly diagnosed chronic somatic diseases indicating the class of diseases according to the International Classification of Diseases - 10 (hereinafter referred to as ICD-10);
  • a list of newly identified occupational diseases indicating the class of diseases according to ICD-10;
  • results of implementation of recommendations of the previous final act;
  • recommendations to the employer on the implementation of a set of health-improving measures, including preventive and other measures.

Pay attention to the latter - this very complex can also be checked by the labor inspectorate!

When checking compliance with sanitary and epidemiological regulations in a clinic or beauty salon, representatives of Rospotrebnadzor also have the right to check the list of workers according to the final act with the list of contingent.

Yes, you and I have not yet clarified what should be indicated in the list of contingents compiled by the employer in order to be approved by Rospotrebnadzor:

  • employer's name;
  • form of ownership and type of economic activity of the employer according to OKVED;
  • name of the medical organization, actual address of its location and OGRN code;
  • type of medical examination (preliminary or periodic);
  • last name, first name, patronymic of the person applying for work (employee);
  • date of birth of the person applying for work (employee);
  • name of the structural unit of the employer (if any) in which the person applying for work will be employed (employee);
  • name of position (profession) or type of work;
  • harmful and (or) dangerous production factors, as well as the type of work in accordance with the contingent of workers approved by the employer, subject to preliminary (periodic) inspections.

Health passport

Important! When conducting a medical examination in an organization that has assumed this responsibility, an outpatient card is created for the employee undergoing the medical examination. Since May 2015, this is form N 025/u “Medical record of a patient receiving medical care on an outpatient basis,” approved by Order of the Ministry of Health of Russia dated December 15, 2014.

Order No. 302n of the Ministry of Health and Social Development, which came into force in 2012, already mentions the Health Passport, but regulatory authorities (in particular, Rospotrebnadzor) recently began to check it. There are no exceptions for medical workers of private clinics, including cosmetology clinics: A health passport is not issued only to those who are assigned to medical care by the FMBA of Russia.

The Health Passport must have a number and the date it was filled out. And this document is constantly kept by the employee, to the organization that conducts medical examinations, it is handed over only for the duration of their completion.

Fines for non-compliance with the rules for conducting medical examinations

And another question - who pays for everything? The answer is clear - a legal entity that enters into an agreement with an organization to conduct preventive and periodic medical examinations. Here the Civil Code comes into force: the Contractor undertakes to do, the Customer undertakes to pay. Who is the person ordering the medical examination? Clinic or beauty salon with a medical license.

And now about whether a fine can be imposed for non-compliance with the rules for conducting medical examinations.

The Code of Administrative Offenses, Article 5.27.1 “Violation of state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation” will tell us about fines for medical examinations in 2015:

Allowing an employee to perform his job duties without... mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations... entails the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty-five thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from fifteen thousand to twenty-five thousand rubles; for legal entities - from one hundred ten thousand to one hundred thirty thousand rubles.

It is the responsibility of some employers to provide and organize periodic medical examinations of workers. Which employees should undergo periodic medical examinations and for what purposes? What regulatory documents say how to properly conduct periodic medical examinations of enterprise employees? You will find answers to these questions in the article.

The legislative framework

The obligation of the head of the enterprise to organize mandatory medical examinations (examinations, medical examinations, or medical examinations, as we often call this event) is provided for by the Labor Code of the Russian Federation, in particular, Art. 212. In this case, medical examinations can be either preliminary, i.e. when applying for a job, and periodically.

The goals of mandatory medical examinations are established in Art. 213 Labor Code of the Russian Federation, according to which:

  • employees whose work is associated with dangerous or harmful working conditions undergo mandatory preliminary and periodic medical examinations in order for the employer to find out whether they can perform their job duties, as well as to prevent occupational diseases;
  • employees of catering organizations, trade, children's and medical institutions, and other similar organizations are required to undergo medical examinations in order to protect public health.

The main regulatory documents, along with the Labor Code of the Russian Federation, regulating medical examinations are:

  • Federal Law of November 21, 2011 No. 323-FZ;
  • Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

The order approved two Lists. If the type of work or harmful factors indicated in these lists are directly related to the activities of your enterprise, then the question of the need for mandatory medical examinations of employees may be relevant. This Order also establishes the frequency and procedure for conducting periodic medical examinations of employees.

It should be taken into account that medical examinations of employees specified in Order No. 302n are paid from the employer’s own funds in accordance with Art. 212 Labor Code of the Russian Federation. However, the legislation does not regulate how and under what contracts the employer must pay for them. Therefore, payment can also be organized by the employer at the expense of funds under a voluntary health insurance agreement concluded in favor of employees. While an employee undergoes a mandatory medical examination, he retains his average earnings in accordance with Article 185 of the Labor Code of the Russian Federation.

Algorithm for organizing and conducting a medical examination

So, if your organization is obliged to organize periodic inspection of employees of the enterprise, you need to:

  1. Compile and approve a list of persons subject to periodic medical examinations.
  2. Conclude an agreement with a medical institution for mandatory periodic medical examinations and develop a calendar plan for conducting periodic medical examinations. Such a plan must be agreed upon with the medical institution, the head of which must approve it.
  3. Draw up an order for referral for medical examination, indicating the deadline for its completion. At the same time, if before the end of the established period the employee has not reported on undergoing medical examination, then he, by virtue of Art. 76 Labor Code of the Russian Federation suspended from work until the examination is completed. If the reason for not passing the inspection was unjustified, such employee’s wages will not be retained for the duration of his suspension. There is no unified form for such an order; we suggest you use a sample (download it at the end of the article).
  4. Provide each employee with a referral for examination. A sample referral form is also available for download.
  5. Receive the result of a medical examination from each employee within the time period established in the Order.

Sample order

Sample referral

How are the results of periodic inspection of the organization’s employees documented?

The result of passing a medical examination is that the employee receives a medical report with the result of the examination, including a general conclusion about suitability or unsuitability to perform professional duties.

This conclusion is written out in two copies: it is given to the person who has undergone the examination against signature for the purpose of transfer to the manager, the second copy remains in the medical card.

If, for medical reasons, an employee needs to be transferred to another job, the employer is obliged to provide such a transfer in accordance with Art. 73 Labor Code of the Russian Federation. Moreover, if as a result of such a transfer the new position is lower paid, the employee will retain his previous earnings for one month or longer in accordance with Art. 182 Labor Code of the Russian Federation.

The document summarizing the results of the medical examination is the final act. Attached to the act is a list of employees whose names are recommended for transfer to another job, inpatient treatment, diet, etc.

So, organizing a mandatory medical examination requires compliance with established procedures, including paperwork. This will allow management to avoid claims from regulatory authorities. Despite the fact that this task seems to cover only a limited circle of people, all managers need to take a responsible approach to the issue of mandatory examinations of their employees. So, for example, in accordance with clause 3.2.2.4 of Appendix 1 to Order No. 302n, the majority of the working population who work on computers for at least 50% of their working time are required to undergo mandatory examinations once every 2 years.