Labor Code, N 197-FZ | Art. 213 of the Labor Code of the Russian Federation

Article 213 of the Labor Code of the Russian Federation. Medical examinations of certain categories of employees (current version)

Employees engaged in work with harmful and (or) dangerous working conditions (including underground work), as well as in work related to traffic, undergo mandatory preliminary (upon employment) and periodic (for persons under the age of 21 years - annual) medical examinations to determine the suitability of these workers for the performance of assigned work and the prevention of occupational diseases. In accordance with medical recommendations, these employees undergo extraordinary medical examinations.

Employees of food industry organizations, public catering and trade, water supply facilities, medical organizations and children's institutions, as well as some other employers, undergo these medical examinations in order to protect public health, prevent the occurrence and spread of diseases.

This Code, other federal laws and other regulatory legal acts of the Russian Federation may establish mandatory medical examinations for certain categories of employees at the beginning of a working day (shift), as well as during and (or) at the end of a working day (shift). The time for passing these medical examinations is included in working hours.

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.

If necessary, by decision of local governments, individual employers may introduce additional conditions and indications for mandatory medical examinations.

Federal laws and other regulatory legal acts of the Russian Federation for certain categories of workers may provide for chemical and toxicological studies of the presence of narcotic drugs, psychotropic substances and their metabolites in the human body.

Employees engaged in certain types of activities, including those associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger, undergo a mandatory psychiatric examination at least once every five years in the manner established by the authorized The Government of the Russian Federation is a federal executive body.

The medical examinations and psychiatric examinations provided for by this Article shall be carried out at the expense of the employer.

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Commentary on Art. 213 of the Labor Code of the Russian Federation

1. To determine the suitability of employees for the performance of assigned work and to prevent occupational diseases, certain categories of employees must undergo mandatory medical examinations. These primarily include workers employed in jobs with harmful and (or) dangerous working conditions (including underground jobs), as well as in jobs related to traffic. They undergo mandatory preliminary (when they start work) and periodic (for persons under the age of 21, annual) medical examinations. In accordance with medical recommendations, these employees undergo extraordinary medical examinations.

In connection with the adoption of the Law on the Special Assessment of Working Conditions, Federal Law No. 421-FZ of December 28, 2013, from part 1 of the commented article excluded the indication of such a category of workers as workers engaged in heavy work, since these workers belong to the category of workers employed at work with harmful and (or) dangerous working conditions, for which Part 1 of Art. 213 provides for mandatory preliminary and periodic medical examinations. As seen from Part 2 of Art. 13 of the Law on the Special Assessment of Working Conditions, the severity of the labor process is one of the factors of the labor process taken into account when classifying working conditions as harmful and (or) dangerous.

2. In order to protect public health, prevent the occurrence and spread of diseases, these medical examinations must be carried out by employees of food industry, public catering and trade organizations, water supply facilities, medical and preventive and children's institutions, as well as some other employers.

So, for example, mandatory pre-employment and periodic medical examinations are carried out by employees engaged in work related to the manufacture and circulation of food products, the provision of services in the retail trade of food products, materials and products and the public catering sector and in the performance of which direct contacts of employees with food products, materials and products are carried out (Article 23 of the Federal Law of 02.01.2000 N 29-FZ "On the Quality and Safety of Food Products"). Employees involved in the processes of production, storage, transportation, sale and disposal of milk and its products are required to undergo preliminary medical examinations (examinations) upon admission to work and periodic medical examinations (examinations) (Article 22 of the Federal Law of 12.06.2008 N 88-FZ "Technical regulations for milk and dairy products"). Preliminary (upon employment) and periodic medical examinations must be carried out by personnel involved in the production of edible fat and oil products (Article 16 of the Federal Law of June 24, 2008 N 90-FZ "Technical Regulations for Fat and Oil Products"). Pedagogical workers are required to undergo, in accordance with labor legislation, preliminary medical examinations upon admission to work and periodic medical examinations, as well as extraordinary medical examinations at the direction of the employer (clause 9, part 1, article 48 of the Law on Education).

3. For certain categories of employees, federal laws and other regulatory legal acts of the Russian Federation may establish mandatory medical examinations at the beginning of a working day (shift), as well as during and (or) at the end of a working day (shift). The time for these medical examinations is included in working hours.

So, for example, for the personnel of facilities for the storage and destruction of chemical weapons, in addition to preliminary (when they start work) and periodic medical examinations, medical examinations are provided before and after the work shift (Article 14 of the Law on the destruction of chemical weapons). The procedure for conducting preliminary and periodic medical examinations of workers engaged in the destruction of chemical weapons is approved by Order of the Ministry of Health of Russia dated March 21, 2000 N 101.

In order to ensure the safety of work at electric power facilities, employees directly involved in work related to the maintenance of these facilities undergo mandatory periodic medical examinations, as well as, at the request of employers, pre-shift medical examinations to establish the fact of the use of alcohol, narcotic drugs or psychotropic substances. 3 article 28 of the Federal Law of March 26, 2003 N 35-FZ "On the electric power industry"). The procedure for conducting medical examinations (surveys) of employees directly involved in work related to the maintenance of electric power facilities is approved by Order of the Ministry of Energy of Russia dated August 31, 2011 N 390.

4. The federal executive body authorized by the Government of the Russian Federation, to which part 4 of the commented article is charged with the duty to determine harmful and (or) dangerous production factors and work, during which mandatory and periodic medical examinations are carried out, the procedure for conducting such examinations, is the Ministry of Labor of Russia ( clause 5.2.101 of the Regulations on the Ministry of Labor and Social Protection of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 19, 2012 N 610).

Judicial practice under Article 213 of the Labor Code of the Russian Federation:

• Decision of the Supreme Court: Decision N AKPI16-1323, Judicial Collegium for Civil Cases, first instance

  According to the interrelated provisions of the first and second parts of Article 213 of the Labor Code of the Russian Federation, employees of medical organizations undergo mandatory preliminary (upon employment) and periodic medical examinations in order to protect public health, prevent the occurrence and spread of diseases ...

• Decision of the Supreme Court: Decision N AKPI16-290, Judicial Collegium for Civil Cases, first instance

  Part four of Article 213 of the Labor Code of the Russian Federation provides that 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 are determined by the federal executive body authorized by the Government of the Russian Federation ...

• Decision of the Supreme Court: Decision N AKPI14-1606, Judicial Collegium for Civil Cases, first instance

  The applicants' argument that the disputed provisions contradict Article 213 of the Labor Code of the Russian Federation is untenable...

+More...

New edition Art. 213 of the Labor Code of the Russian Federation

Employees engaged in work with harmful and (or) dangerous working conditions (including underground work), as well as in work related to traffic, undergo mandatory preliminary (upon employment) and periodic (for persons under the age of 21 years - annual) medical examinations to determine the suitability of these workers for the performance of assigned work and the prevention of occupational diseases. In accordance with medical recommendations, these employees undergo extraordinary medical examinations.

Employees of food industry organizations, public catering and trade, water supply facilities, medical organizations and children's institutions, as well as some other employers, undergo these medical examinations in order to protect public health, prevent the occurrence and spread of diseases.

This Code, other federal laws and other regulatory legal acts of the Russian Federation may establish mandatory medical examinations for certain categories of employees at the beginning of a working day (shift), as well as during and (or) at the end of a working day (shift). The time for passing these medical examinations is included in working hours.

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.

If necessary, by decision of local governments, individual employers may introduce additional conditions and indications for mandatory medical examinations.

Federal laws and other regulatory legal acts of the Russian Federation for certain categories of workers may provide for chemical and toxicological studies of the presence of narcotic drugs, psychotropic substances and their metabolites in the human body.

Employees engaged in certain types of activities, including those associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger, undergo a mandatory psychiatric examination at least once every five years in the manner established by the authorized The Government of the Russian Federation is a federal executive body.

The medical examinations and psychiatric examinations provided for by this Article shall be carried out at the expense of the employer.

Commentary on Article 213 of the Labor Code of the Russian Federation

As we have already said, the employer, in cases provided for by labor legislation and other regulatory legal acts, is obliged to organize mandatory preliminary (when applying for a job), periodic (during employment) and extraordinary medical examinations.

Article 213 of the Labor Code of the Russian Federation defines such cases. First of all, we are talking about people who work hard and work with harmful and (or) dangerous working conditions (including underground work). Recall that the List of harmful and dangerous factors and work, during the performance of which medical examinations are carried out, was approved by Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 N 83.

Also, medical examinations must be carried out by employees associated with the movement of transport, they undergo mandatory preliminary (upon employment) and periodic (for persons under the age of 21 - annual) medical examinations (examinations) to determine the suitability of these employees to perform assigned work and prevent professional diseases. In accordance with medical recommendations, these employees undergo extraordinary medical examinations (examinations).

We add that a conclusion on the state of health will also be needed when applying for a job in a trade and public catering organization, food industry enterprises, children's and health institutions. This is stated in the commented article 213 of the Labor Code.

It turns out that before concluding an employment contract, the applicant must check his health. And at the expense of the future employer. If the applicant himself pays for the medical examination, the organization is in any case obliged to reimburse him for these costs. For her, this obligation is established in the same article 213 of the Labor Code of the Russian Federation. With a positive medical report, an employment contract is concluded with the employee.

When necessary, by decision of local governments, individual employers may introduce additional conditions and indications for mandatory medical examinations (examinations).

Medical examination is carried out by a medical organization licensed for the specified type of activity. But if an employee is employed in hazardous work or in work with harmful and (or) dangerous production factors for five years or more, examinations are carried out in occupational pathology centers and other medical organizations licensed to examine professional suitability and examine the relationship of a disease with a profession, one once every five years.

Among other things, this article determines that employees engaged in certain types of activities, including those associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as those working in conditions of increased danger, undergo a mandatory psychiatric examination. The rules for such an examination were approved by Decree of the Government of the Russian Federation of September 23, 2002 N 695.

A list of medical psychiatric contraindications for the implementation of certain types of professional activities and activities associated with a source of increased danger is given in Decree of the Government of the Russian Federation of April 28, 1993 N 377. For example, people suffering from chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations, epilepsy with paroxysmal disorders, cannot work with chemical and radioactive substances. Expressed forms of borderline mental disorders are considered in each case individually.

Another commentary on Art. 213 of the Labor Code of the Russian Federation

1. There are mandatory preliminary and periodic medical examinations. The purpose of the former is to determine the state of health of the worker assigned to work (see to it).

The purpose of the latter is to dynamically monitor the state of health of an employee in a harmful environment, prevent and timely establish the initial signs of occupational diseases that prevent the continuation of work with harmful, dangerous substances, as well as the prevention of accidents.

2. The frequency of medical examinations is determined by the lists of harmful, hazardous substances and production factors, with the exception of employees under the age of 21 who undergo medical examinations annually.

Medical examinations are carried out at the expense of the employer. If an employee avoids a medical examination or fails to comply with the recommendations of medical examinations, the employer must not allow him to work.

3. Harmful and (or) hazardous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the procedure for their conduct is determined by the Ministry of Health and Social Development of Russia (Order of August 16, 2004 N 83 (Rossiyskaya Gazeta. 2004. September 16).

4. For employees engaged in hazardous work and work with harmful and (or) production factors for five years or more, periodic medical examinations (examinations) are carried out in occupational pathology centers and other medical organizations licensed to examine the relationship of the disease with the profession one once every five years.

The employer will determine the contingents and draw up a list of names of persons subject to periodic medical examinations (examinations), indicating sites, workshops, industries, hazardous work and harmful and (or) hazardous production factors affecting employees, and after agreement with the territorial bodies of the Federal Service for supervision in the field of consumer rights protection and human well-being send him two months before the start of the examination to a medical organization with which an agreement has been concluded for periodic medical examinations (examinations). The medical organization, on the basis of the list of names of employees received from the employer, jointly approves the calendar plan for conducting medical examinations (examinations).

An employee sent for a medical examination (examination) submits a referral issued by the manager, which indicates harmful and (or) dangerous production factors and harmful work, as well as a passport or other document replacing it, an outpatient card or an extract from it with the results of periodic examinations at the place of previous work and in cases provided for by the legislation of the Russian Federation - the decision of the medical psychiatric commission.

The conclusion of the medical commission and the results of the medical examination (examination), as well as an extract from the outpatient card, are entered into the card of preliminary and periodic medical examinations (examinations). The employee is informed about the results of the inspection (survey). In the case of individual admission, data on the mandatory use of a prosthesis, hearing aid, glasses, etc. are entered in the conclusion. expertise.

Employees engaged in work with harmful and (or) dangerous working conditions (including underground work), as well as in work related to traffic, undergo mandatory preliminary (upon employment) and periodic (for persons under the age of 21 years - annual) medical examinations to determine the suitability of these workers for the performance of assigned work and the prevention of occupational diseases. In accordance with medical recommendations, these employees undergo extraordinary medical examinations.

Employees of food industry organizations, public catering and trade, water supply facilities, medical organizations and children's institutions, as well as some other employers, undergo these medical examinations in order to protect public health, prevent the occurrence and spread of diseases.

This Code, other federal laws and other regulatory legal acts of the Russian Federation may establish mandatory medical examinations for certain categories of employees at the beginning of a working day (shift), as well as during and (or) at the end of a working day (shift). The time for passing these medical examinations is included in working hours.

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.

If necessary, by decision of local governments, individual employers may introduce additional conditions and indications for mandatory medical examinations.

Federal laws and other regulatory legal acts of the Russian Federation for certain categories of workers may provide for chemical and toxicological studies of the presence of narcotic drugs, psychotropic substances and their metabolites in the human body.

Employees engaged in certain types of activities, including those associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger, undergo a mandatory psychiatric examination at least once every five years in the manner established by the authorized The Government of the Russian Federation is a federal executive body.

The medical examinations and psychiatric examinations provided for by this Article shall be carried out at the expense of the employer.

Related publications

• Suspension from work due to failure to pass a medical examination

Article 213 of the Labor Code of the Russian Federation refers to the procedure for passing a medical examination by certain categories of workers, in particular, workers employed in work with harmful and dangerous working conditions, as well as in work related to traffic; employees of food industry organizations, public catering and trade, water supply facilities, medical organizations and children's institutions. In accordance with Article 213 of the Labor Code of the Russian Federation, employees whose activities are associated with sources of increased danger must undergo a mandatory psychiatric examination at least once every five years. On the basis of Article 213 of the Labor Code of the Russian Federation, the procedure for psychiatric examination is established by the federal executive body authorized by the Government of the Russian Federation.

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The article contains the procedure for conducting a medical examination, taking into account recent changes, the algorithm for conducting a periodic medical examination, an explanation of when it is necessary to conduct an unscheduled one, and what penalties threaten for not conducting a medical examination.

Read our article:

Medical examinations of employees of enterprises in a new way in 2020

A medical examination (MO) is a comprehensive examination of an employee in order to identify negative changes in his health and determine his suitability for performing work duties. First of all, a medical examination is necessary for personnel who are exposed to harmful and hazardous production factors (HOPF) at their workplaces. The list of such factors and the procedure for passing medical examinations by employees are established by Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

From January 7, 2020, the changes in approved by the Order of the Ministry of Health of 13.12 came into force. 2019 No. 1032n . The changes affected all stages of the medical examination.

Firstly, the obligation to send women who are required to undergo medical examinations to a gynecological examination once a year has been abolished, now they undergo a gynecologist only during a medical examination.

Secondly, they made an amendment to Appendix No. 3 to Order No. 302n. The position of a stewardess was replaced by the position of an on-board conductor of an aircraft.

Thirdly, when passing the survey, the employee must provide SNILS or a document that confirms registration in the system of individual (personalized) accounting in electronic or paper form.

If the employee underwent medical examination less than a year ago, he has the right to provide an extract from the medical record with the results of the examination and the medical organization can take the results into account during the medical examination.

After the medical examination, the employee will be given an extract from the medical record with all the conclusions of medical specialists, the results of laboratory and other studies, and recommendations for prevention.

How to simplify and speed up the organization of a medical examination in a few steps

Fourthly, the conclusions based on the results of the medical examination will not only be issued to the employee, but also sent to the employer within 5 working days.

In addition, workers with 5 years of work experience in hazardous working conditions (subclasses 3.1–3.4, class 4) and workers with persistent consequences of industrial accidents should be sent to the occupational pathology center every five, in addition, workers with more experience sent to the center of occupational pathology during the first periodic medical examination.

Workers who have received conclusions on the preliminary diagnosis of an occupational disease must be sent to occupational pathology centers within 1 month from the moment the disease is suspected to be related to the profession.

The new rules came into effect on January 7th. The exception is the rules for sending employees to the occupational pathology center. According to the new rules, it will be necessary to send employees to occupational pathology centers from July 1, 2020.

The service was created in order to simplify routine tasks, including those related to the organization of a medical examination. The service will automatically generate completed lists of the contingent, referrals for a medical examination and schedule medical examinations, in addition, in the service you can see the item of order 302n and the frequency of medical examinations simply by typing the name of a specific position.

Article 213 of the Labor Code of the Russian Federation - medical examinations

What is the purpose of mandatory periodic medical examinations?

The following employees should undergo periodic preventive medical examination.

• Exposed to harmful or hazardous production factors, in the presence of which mandatory preliminary and periodic medical examinations are carried out.
• Performing the work specified in the list, during the performance of which mandatory preliminary and periodic medical examinations of employees are carried out.
• Involved in underground work. Such workers undergo periodic medical examinations annually (clause 12 of Appendix 2 to Order No. 302n).
• Employed in organizations of the food industry, public catering and trade, water supply facilities, medical organizations and children's institutions (Article 213 of the Labor Code of the Russian Federation). The frequency of medical examinations for specific professions is given in Appendix No. 2 to Order No. 302n.
• Athletes. They undergo medical examinations annually (Article 348.3 of the Labor Code of the Russian Federation).
• Persons under 18 years of age. Pass medical examinations annually (Article 266 of the Labor Code of the Russian Federation).

The List indicates the jobs and professions, in the performance of which employees must undergo mandatory preliminary and periodic medical examinations, regardless of the established at these workplaces and the presence of HSPF.

Name of works and professions	Frequency of inspections
	1 time per year
10. Performed directly on mechanical equipment with open moving (rotating) structural elements (turning, milling and other machines, stamping presses, etc.)	1 time in 2 years
11. Under water, performed by workers in a gaseous environment under normal pressure conditions	1 time in 2 years
12. Underground	1 time per year
13. Performed with the use of insulating and filtering gas masks with a full face	1 time in 2 years
14. In food industry organizations, dairy and distribution points, food depots and warehouses where there is contact with food products during their production, storage, sale, including sanitation and repair of inventory, equipment, as well as work where there is contact with food products during their transportation on all modes of transport	1 time per year
15. In public catering organizations, trade, buffets, catering units, including transport	1 time per year
16. Performed by students of educational institutions of general and vocational education before and during the period of internship in organizations whose employees are subject to medical examinations	1 time per year
17. Medical personnel of medical institutions, as well as maternity hospitals (departments), children's hospitals (departments), children's clinics, departments of pathology of newborns, premature babies	1 time per year
18. In educational organizations of all types and types, as well as children's organizations that do not carry out educational activities (sports sections, creative, leisure children's organizations, etc.)	1 time per year
19. In seasonal recreational organizations for children and teenagers	1 time per year
20. In preschool educational organizations, orphanages, organizations for orphans and children left without parental care (persons replacing them), boarding schools, health educational organizations, including sanatoriums, children's sanatoriums, year-round holiday camps as well as social shelters and nursing homes	1 time per year
21. In consumer service organizations (attendants, employees of showers, hairdressers)	1 time per year
22. In swimming pools, as well as balnearies	1 time per year
23. In hotels, hostels, passenger cars (conductors), as a stewardess	1 time per year
24. In organizations of the medical industry and the pharmacy network associated with the manufacture, packaging and sale of medicines	1 time per year
25. At waterworks related to water treatment and maintenance of water supply networks	1 time per year
26. Associated with the processing of milk and the manufacture of dairy products	1 time per year
27. On driving land vehicles	1 time in 2 years

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

Medical examinations should be carried out already at the workplace of harmful or dangerous production factors specified in the list, while their level does not matter.

The following factors are excluded:

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

For these factors, medical examinations are carried out only if, according to the results of the SOUT, working conditions are classified as harmful or dangerous.

How to arrange a preliminary medical examination

When hiring, for example, accountants, programmers, management personnel and other office workers who

Who to send for a medical examination

Responsibility for failure to pass a medical examination in the organization

The employer is responsible not only for the timely organization of the Ministry of Defense of employees at their own expense, but also for the admission to work of persons who have not passed a preliminary or periodic examination, or who are not allowed to work for medical reasons. If the inspectors of regulatory authorities establish such a fact, the employer may incur administrative liability.

According to part 3 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, the fine will be as follows:

• for officials - from 15,000 to 25,000 rubles;
• for persons engaged in entrepreneurial activities without forming a legal entity - from 15,000 to 25,000 rubles;
• for legal entities - from 110,000 to 130,000 rubles.

The amount of the fine is calculated based on the number of employees who have not passed the mandatory MO. If, due to the lack of a medical examination, the health of an employee is seriously harmed or his death occurs, officials will suffer (Article 143 of the Criminal Code of the Russian Federation).

This page contains Article 213 of the Labor Code of the Russian Federation in the latest edition.

Medical examinations of employees

Employees engaged in work with harmful and (or) dangerous working conditions (including underground work), as well as in work related to traffic, undergo mandatory preliminary (upon employment) and periodic (for persons under the age of 21 years - annual) medical examinations to determine the suitability of these workers for the performance of assigned work and the prevention of occupational diseases. In accordance with medical recommendations, these employees undergo extraordinary medical examinations.

Employees of food industry organizations, public catering and trade, water supply facilities, medical organizations and children's institutions, as well as some other employers, undergo these medical examinations in order to protect public health, prevent the occurrence and spread of diseases.

This Code, other federal laws and other regulatory legal acts of the Russian Federation may establish mandatory medical examinations for certain categories of employees at the beginning of a working day (shift), as well as during and (or) at the end of a working day (shift). The time for passing these medical examinations is included in working hours.

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.

Harmful and / or dangerous production factors, as well as the procedure for conducting preliminary and periodic medical examinations, are reflected in order 302n.

If necessary, by decision of local governments, individual employers may introduce additional conditions and indications for mandatory medical examinations.

Employees engaged in certain types of activities, including those associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger, undergo a mandatory psychiatric examination at least once every five years in the manner established by the authorized The Government of the Russian Federation is a federal executive body.

The procedure for passing a mandatory psychiatric examination is established by Resolution 695.

The medical examinations and psychiatric examinations provided for by this Article shall be carried out at the expense of the employer.

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