Employees engaged in work with harmful and (or) dangerous working conditions (including underground work), as well as in work related to the movement of vehicles, 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.
Food industry employees 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 Russian Federation for certain categories of workers, mandatory medical examinations may be established at the beginning of the working day (shift), as well as during and (or) at the end of the working day (shift). The time for passing these medical examinations is included in working time.
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 the authorities local government 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 those working in conditions of increased danger, undergo a mandatory psychiatric examination at least once every five years in the manner established by the federal executive body authorized by the Government of the Russian Federation.
The medical examinations and psychiatric examinations provided for by this Article shall be carried out at the expense of the employer.
Comments to Art. 213 of the Labor Code of the Russian Federation
1. Article 266 of the Labor Code provides that persons under the age of 18 are hired only after a preliminary mandatory medical examination, and further, until the age of 18, they are subject to an annual medical examination. Medical examinations are carried out at the expense of the employer. Article 73 of the Labor Code provides that an employee who, in accordance with a medical report, needs to be provided with another job, the employer is obliged, with his consent, to transfer to another available job that is not contraindicated for him for health reasons. If the employee refuses to transfer or if there is no relevant work in the organization, the employment contract is terminated.
The list of harmful production factors and work, in the course of which preliminary and periodic medical examinations are carried out, and the procedure for their conduct are currently established by the Ministry of Health and Social Development of Russia. By decision of local governments, individual organizations may introduce additional conditions and indications for medical examinations. In these cases, the employer is obliged to organize the holding of preliminary (when applying for a job) and periodic (during labor activity) medical examinations of employees.
If an employee avoids undergoing medical examinations or fails to comply with the recommendations based on the results of the examinations, the employer must not allow the employee to perform job duties.
2. Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 N 83 approved. Lists of harmful and (or) hazardous production factors and work, during the performance of which preliminary and periodic medical examinations (examinations) are carried out, and the procedure for conducting these examinations (examinations). The procedure for applying the said Order is stated in the letter of Rospotrebnadzor dated January 13, 2005 N 0100 / 63-05-32.
Preliminary medical examinations (examinations) upon admission to work are carried out in order to determine the compliance of the state of health of the employee (examined) with the work assigned to him.
Periodic medical examinations (examinations) are carried out in order to:
dynamic monitoring of the health status of workers, timely detection of the initial forms of occupational diseases, early signs of the impact of harmful and (or) hazardous production factors on the health of workers, the formation of risk groups;
identifying common diseases that are medical contraindications for continuing work associated with exposure to harmful and (or) hazardous production factors;
timely implementation of preventive and rehabilitation measures aimed at maintaining the health and restoring the working capacity of employees.
The frequency of periodic medical examinations (examinations) is determined by the territorial bodies of Rospotrebnadzor together with the employer based on the specific sanitary-hygienic and epidemiological situation, but periodic medical examinations (examinations) should be carried out at least once every 2 years. Persons under the age of 21 undergo periodic medical examinations annually.
Periodic medical examinations (examinations) of employees may be carried out ahead of schedule in accordance with a medical report or according to the conclusion of the territorial bodies of Rospotrebnadzor with mandatory justification in the direction of the reason for the early (extraordinary) examination (examination).
Preliminary and periodic medical examinations (examinations) of employees are carried out by medical organizations licensed for the specified type of activity.
Employees engaged in hazardous work and work with harmful and (or) hazardous production factors for 5 years or more, periodic medical examinations (surveys) are carried out in occupational pathology centers and other medical organizations having licenses for the examination of professional suitability and examination of the connection of the disease with the profession, 1 time in 5 years.
The employer determines the contingents and draws 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 that affect employees, and, after agreement with the territorial bodies of Rospotrebnadzor, sends him for 2 months. before the start of the examination at a medical organization with which an agreement has been concluded for periodic medical examinations (examinations).
The medical organization, on the basis of a list of names of employees subject to periodic medical examinations (examinations) received from the employer, approves together with the employer calendar plan conducting medical examinations (examinations).
The head of a medical organization carrying out preliminary and periodic medical examinations (examinations) approves the composition of the medical commission, the chairman of which should be an occupational pathologist or a doctor of another specialty who has vocational training in occupational pathology, members of the commission are specialists who have undergone training in occupational pathology within the framework of their specialty. The commission determines the types and volumes of necessary studies, taking into account the specifics of existing production factors and medical contraindications to the implementation or continuation of work on the basis of current regulatory legal acts.
In order to undergo a preliminary medical examination (examination), an employee submits a referral issued by the employer, which indicates harmful and (or) dangerous production factors and hazardous 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 stipulated by the legislation of the Russian Federation - the decision of the medical psychiatric commission.
Registration of the results of preliminary and periodic medical examinations is carried out as follows.
The conclusion of the medical commission and the results of the medical examination (examination), both preliminary and periodic, as well as an extract from the employee's outpatient card, are entered into the card of preliminary and periodic medical examinations (examinations).
The medical organization, together with the territorial bodies of Rospotrebnadzor and the representative of the employer, summarizes the results of the preliminary and periodic medical examinations (examinations) of employees and draws up a final act based on its results in 4 copies. The final act within 30 days must be submitted by the medical organization to the employer, the territorial body of Rospotrebnadzor and the center of occupational pathology.
The employee is informed about the results of the medical examination (examination).
If during a periodic medical examination (examination) there are suspicions that an employee has an occupational disease, the medical organization sends him to in due course to the center of occupational pathology for examination of the connection of the disease with the profession.
The Center for Occupational Pathology, when establishing a connection between a disease and a profession, draws up a medical report and within 3 days sends a corresponding notice to the territorial body of Rospotrebnadzor, the employer, the insurer and the medical organization that sent the employee.
An employee who has been diagnosed with an occupational disease is sent by the occupational pathology center with an appropriate conclusion to a medical organization at the place of residence, which draws up documents for submission to a medical and social examination.
The Center for Occupational Pathology of a constituent entity of the Russian Federation summarizes and analyzes the results of periodic medical examinations (examinations) conducted during the year on the territory of a constituent entity of the Russian Federation, and submits an annual report in the prescribed manner to the health management body of a constituent entity of the Russian Federation.
3. Workers (examined) who are contraindicated to work with harmful and hazardous substances are given the conclusion of the clinical expert commission (CEC) in their hands, and a copy is sent within 3 days to the employer who issued the referral.
Medical examination upon admission to work and in the future within the established time limits (for example, once a year) are subject to categories of employees of specific organizations listed in the regulations: food enterprises, public catering establishments, children's institutions, children's medical and preventive and sanatorium-resort institutions , schools and other educational and auxiliary institutions for children and adolescents, medical institutions for adults, sanatoriums, rest homes, homes for the disabled, pharmacies and pharmaceutical plants, enterprises for sanitary and hygienic services to the population, hotels, hostels, swimming pools, waterworks, water-folding booths and columns, enterprises that produce and sell children's toys, children's libraries, children's ateliers, etc.
4. Decree of the Government of the Russian Federation of September 23, 2002 N 695 approved. Rules for passing a mandatory psychiatric examination by employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as those working in conditions of increased danger.
5. In accordance with the commented article, workers engaged in heavy work and work with harmful and (or) dangerous working conditions, as well as in work related to traffic, undergo mandatory medical examinations (examinations).
The medical examinations (examinations) provided for by this article shall be carried out at the expense of the employer.
6. Order of the Ministry of Health and Social Development of Russia dated December 28, 2007 N 813 approved. Funding rules in 2008-2010 for in-depth medical examinations of employees employed in work with harmful and (or) hazardous production factors.
See also letter of the FSS of the Russian Federation dated January 15, 2008 N 02-18/06-236 "On the financing of in-depth medical examinations of workers employed in work with harmful and (or) dangerous production factors."
Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.
You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.
Game? Wrong word. The correct word is "imprinting".
A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.
Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.
All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.
You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.
3 commentsSystem and Observer
Let us define a system as an object whose existence is not in doubt.
An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.
From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.
An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.
An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).
Hypothesis #1. All-seeing eye
Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".
The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.
Hypothesis #2. Internal Observer
It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:
Time flow
External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the determining factor is the "internal observer", then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.
Also, the possibility of combining these hypotheses in one proportion or another is not excluded.
1. In accordance with Article 213 of the Labor Code of the Russian Federation, certain categories of workers must undergo mandatory medical examinations. These primarily include workers engaged in heavy work and work with harmful and (or) dangerous working conditions (including underground work), as well as in work related to traffic. They undergo mandatory preliminary (when they start work) and periodic (for persons under the age of 21 - annual) medical examinations (examinations) to determine the suitability of these workers for the performance of the assigned work and the prevention of occupational diseases. In accordance with medical recommendations, these employees undergo extraordinary medical examinations (examinations) (part 1 of the commentary article).
Employees of food industry, public catering and trade organizations, water supply facilities, medical and preventive and children's institutions, as well as some other organizations undergo the indicated medical examinations (examinations) in order to protect public health, prevent the occurrence and spread of diseases (part 2 of article 213 of the Labor Code RF).
Harmful and (or) dangerous production factors affecting the health of workers in the course of work, and work, during the performance of which preliminary and periodic medical examinations (examinations) are carried out, and the procedure for their conduct is determined by the Government of the Russian Federation or regulatory legal acts approved in the manner established the federal executive body authorized by the Government of the Russian Federation.
It is these normative legal acts that should be primarily guided by the organization of medical examinations of a significant number of employees.
So, in pursuance of Decree of the Government of the Russian Federation of October 27, 2003 N 646 (SZ RF. 2003. N 44. Art. 4313) of the Ministry of Health and Social Development of Russia, by Order of August 16, 2004 N 83 (BNA RF. 2004. N 38) approved:
- The list of harmful and (or) dangerous production factors, during the implementation of which preliminary and periodic medical examinations (examinations) are carried out;
- List of works during which preliminary and periodic medical examinations (examinations) are carried out;
- The procedure for conducting preliminary and periodic medical examinations (surveys) of employees engaged in hazardous work and work with harmful and (or) dangerous production factors.
It must also be borne in mind that the List of general medical contraindications to admission in contact with harmful, hazardous substances and production factors, which is given in Appendix No. 4 to the Order of the Ministry of Health and Medical Industry of Russia dated March 14, 1996 N 90 (New Pharmacy. 2002), retains its significance No. 4).
Harmful and (or) hazardous production factors include chemical factors, for example, substances that have a pronounced effect on the body (allergens, natural and synthetic asbestos, fiberglass, glass and mineral wool, resins, varnishes, adhesives, etc.); physical factors (industrial vibration, industrial noise, high and low temperatures compared to acceptable levels, etc.); factors labor process(physical overload, staying in a forced working position for more than 25% of the shift time, etc.).
The number of works in the course of which preliminary and periodic medical examinations (surveys) are carried out includes work at height, climbing work, the work of a crane operator (crane driver), work on the direct control of vehicles, etc. At the same time, the professions and positions of persons performing said works are not provided.
2. In order to pass a preliminary medical examination (examination) to a person entering work, the employer issues a referral indicating harmful and (or) dangerous production factors or work with harmful and (or) dangerous working conditions. In addition to the referral, this person must present 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 stipulated by the legislation of the Russian Federation, the decision of the medical psychiatric commission.
For employees to undergo periodic medical examinations (examinations), the employer determines the contingents of such employees and draws up a list of persons subject to periodic medical examinations (examinations), indicating sites, workshops, industries, work with harmful and (or) dangerous working conditions and harmful and ( or) hazardous production factors affecting workers. After agreeing on this list with the territorial bodies of Rospotrebnadzor, the employer sends it - 2 months before the start of the examination - to a medical organization with which an agreement has been concluded for periodic medical examinations (examinations).
Based on the list of names received, the medical organization approves (together with the employer) a calendar plan for conducting medical examinations (examinations).
The frequency of periodic medical examinations (examinations) is determined by the territorial authorities Federal Service on supervision in the field of consumer protection and human well-being together with the employer based on the specific sanitary-hygienic and epidemiological situation, but at least once every 2 years.
Periodic medical examinations (examinations) of employees may be carried out ahead of schedule in accordance with a medical report or according to the conclusion of the territorial bodies of the Federal Service for Surveillance in the Sphere of Consumer Rights Protection and Human Welfare with mandatory justification in the direction of the reason for the early (extraordinary) examination (examination).
The conclusion of the medical commission and the results of the medical examination (examination), both preliminary and periodic, as well as an extract from the employee's outpatient card, are entered into the card of preliminary and periodic medical examinations (examinations).
The medical organization, together with the territorial bodies of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare and the representative of the employer, summarizes the results of the preliminary and periodic medical examinations (surveys) of employees and draws up a final act based on its results in 4 copies. The final act within 30 days must be submitted to the employer, the territorial body of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare and the Center for Occupational Pathology.
The employee is informed about the results of the medical examination (examination).
When applying Article 213 of the Labor Code of the Russian Federation, it should be borne in mind that if during a periodic medical examination (examination) there are suspicions that an employee has an occupational disease, the medical organization sends him to the center of occupational pathology for examination to identify the relationship of the disease with the profession.
The Center for Occupational Pathology, when establishing a connection between a disease and a profession, draws up a medical report and within 3 days sends a corresponding notice to the territorial body of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, the employer, the insurer and the medical organization that sent the employee.
An employee who has been diagnosed with an occupational disease is sent by the occupational pathology center with an appropriate conclusion to a medical organization at the place of residence, which draws up documents for submission to a medical and social examination.
3. Preliminary (upon employment) and subsequent periodic medical examinations should also be carried out by persons who have industrial contact with carcinogenic substances (List of substances, products and production processes, carcinogenic to humans // Appendix N 3 to the Guidelines for the hygienic assessment of factors in the working environment and the labor process. Criteria and classification of working conditions. R 2.2.2006-05, approved. Rospotrebnadzor July 29, 2005).
Persons who left the production, which used or produced carcinogenic substances and products, are subject to systematic medical supervision with the participation of an oncologist and must be registered in medical institutions at the place of residence or previous work.
4. Special acts regulate the organization of medical examinations for certain categories of railway workers (see commentary to Art. 328).
5. To reduce the probability of accidents due to incorrect actions of the personnel of nuclear facilities ( nuclear power plants, research reactors, ships with nuclear power plants, radioactive waste storage facilities, etc.), due to deviations in the state of health, employees of these facilities undergo mandatory preliminary (upon employment), periodic (annual) medical examinations and psychophysiological examinations.
The lists of medical contraindications and positions to which these contraindications apply, as well as the requirements for medical examinations and psychophysiological examinations of employees of nuclear facilities are approved by Decree of the Government of the Russian Federation of March 1, 1997 N 233 (SZ RF. 1997. N 10. Art. 1176).
6. For certain categories of workers, for example, for personnel of storage and destruction facilities chemical weapons, as well as for rescuers, in addition to preliminary (upon admission to work) and periodic medical examinations, medical examinations are provided, respectively, before and after the work shift (Article 14 of the Law on the destruction of chemical weapons) and scheduled (in-depth), pre-expeditionary and current - daily during the liquidation of an emergency (after the end of the work shift) medical examinations and examinations (clause 7 of the Regulations on the free medical rehabilitation of rescuers in the Russian Federation, approved by Decree of the Government of the Russian Federation of October 31, 1996 N 1312 // SZ RF. 1996. N 46. Art. 5253).
7. Article 9 of the Law on the Prevention of the Spread of HIV Infection provides for mandatory (upon employment) and periodic medical examinations of employees of certain professions, industries and organizations. The list of such employees was approved by Decree of the Government of the Russian Federation of September 4, 1995 N 877 (SZ RF. 1995. N 37. Art. 3624).
8. Employees carrying out certain activities, incl. 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, in order to determine their suitability for mental health reasons, they undergo a mandatory psychiatric examination. This examination is carried out on a voluntary basis.
Organizational and methodological work on issues related to the passage of a mandatory psychiatric examination is carried out by the Ministry of Health and Social Development of Russia.
The procedure for passing the specified examination is determined by the Rules, approved. Decree of the Government of the Russian Federation of September 23, 2002 N 695 (SZ RF. 2002. N 39. Art. 3796). In this case, the List of medical psychiatric contraindications for the implementation certain types professional activity and activities related to sources of increased danger (except for paragraph 5 of the notes to the List). The list is approved by the Decree of the Council of Ministers - the Government of the Russian Federation of April 28, 1993 N 377 (SAPP RF. 1993. N 18. Art. 1602).
Mandatory psychiatric examination of an employee is carried out by a medical commission, created by the body health care management, at least once every 5 years.
To pass such an examination, the employee must submit a referral issued by the employer indicating the type of activity and working conditions and present a passport or other identification document.
The decision of the commission (in writing) is issued to the employee against signature within 3 days after its adoption and within the same period is brought to the attention of the employer, indicating the date the decision was made and the date it was issued to the employee.
If the employee disagrees with the decision of the commission, he can appeal it to the court.
9. In cases where, for health reasons, an employee needs to undergo an extraordinary medical examination (examination) in accordance with medical recommendations, he must be sent for such an examination (examination) while retaining his place of work (position) and average earnings.
10. The medical examinations and psychiatric examinations provided for by Article 213 of the Labor Code of the Russian Federation are carried out at the expense of the employer. In addition, in accordance with Art. 9 of the Law on the budget of the Social Insurance Fund of the Russian Federation for 2009, the Social Insurance Fund of the Russian Federation has the right to make decisions on the direction by the insurers during the specified period of funds of compulsory social insurance against industrial accidents and occupational diseases in the amount of up to 2,000,000.0 thousand rubles. annually to finance in-depth medical examinations of workers employed in work with harmful and (or) hazardous production factors.
Financial support for these activities is carried out according to the rules approved in the manner determined by the Government of the Russian Federation.
The insured bears the cost of conducting in-depth medical examinations on account of the payment of insurance premiums for compulsory social insurance against accidents at work and occupational diseases.
11. Passage by persons employed in work with harmful and dangerous working conditions, mandatory preliminary (when entering a job) and periodic (during employment) medical examinations (examinations) is their duty.
The refusal of an employee to undergo the next periodic medical examination without a good reason may be considered by the employer as a violation labor discipline and subject him to disciplinary action.
The employer does not have the right to allow employees to perform their labor duties without undergoing mandatory medical examinations, as well as in case of medical contraindications.
The Labor Code obliges the employer to conduct medical examinations of employees in cases provided for Russian legislation. Such cases are established in many different levels of regulations, which makes it difficult to clarify the issue of the need for a medical examination for a particular employee.
Consider the requirements of labor legislation aimed at ensuring the health of an employee, as well as cases where the employer has the right or is directly obliged to organize and pay for medical examinations of employees.
Rights and obligations of the employer
The obligation of the employer to conduct medical examinations is enshrined in Art. 212 of the Labor Code of the Russian Federation.
In the cases provided for by labor legislation, the employer is obliged to ensure, at his own expense, mandatory preliminary and periodic medical examinations of employees, as well as extraordinary medical examinations of employees at their request in accordance with medical recommendations, while retaining their place of work and average earnings for the duration of these medical examinations. .
Preliminary medical examinations are carried out upon hiring, periodic - during the working life of employees with a frequency, the procedure for determining which is established by regulatory enactments providing for mandatory periodic medical examinations for this category of workers. Moreover, such an act can be not only Labor Code Russian Federation or other federal law, but also any by-law normative act containing labor law norms.
Moreover, Art. 34 federal law dated March 30, 1999 No. 52-FZ "On the sanitary and epidemiological well-being of the population" it is said that, if necessary, based on the proposals of the sanitary and epidemiological supervision bodies, decisions of regional bodies state power or local governments in individual organizations (workshops, laboratories and other structural subdivisions) additional indications for medical examinations of employees may be introduced.
The employer must be aware of all such requirements established by state and municipal regulations, since Art. 212 of the Labor Code of the Russian Federation prohibits the admission of workers to the performance of labor duties without passing mandatory, that is, prescribed by state authorities or local governments, medical examinations. An employee who has not passed the appropriate medical examination and has started work, the employer, in accordance with Art. 76 of the Labor Code of the Russian Federation should be suspended from work.
During the period of non-admission to work and suspension from it wage the employee is not charged. But if the employee did not pass the mandatory medical examination through no fault of his own, he is paid for the entire time of suspension from work as for downtime.
Article 214 of the Labor Code of the Russian Federation determines that the passage of mandatory preliminary and periodic medical examinations is the duty of an employee. However, in Art. 219 of the Labor Code of the Russian Federation says that passing an extraordinary medical examination in accordance with medical recommendations is already the right of an employee, which he can exercise at his own discretion. Ensuring both mandatory and extraordinary medical examinations, as well as maintaining the employee's place and average earnings for the duration of such medical examinations, is the responsibility of the employer.
For violation of labor legislation and labor protection in Art. 5.27 of the Code of Administrative Offenses for the employer, administrative liability is established in the form of a fine for officials - from 1,000 to 5,000 rubles, for legal entities - from 30,000 to 50,000 rubles. However, instead of paying a fine against legal entities administrative suspension of their activities for up to 90 days is possible.
Mandatory medical examinations
Article 69 of the Labor Code of the Russian Federation establishes the obligation of the employer to conduct a medical examination underage workers at the conclusion employment contract. A similar obligation applies to other employees in cases provided for by the Labor Code of the Russian Federation and other federal laws.
Article 213 of the Labor Code of the Russian Federation states that workers engaged in heavy work and work with harmful working conditions undergo mandatory preliminary and periodic (for persons under the age of 21 - annual) medical examinations. Works in the course of which mandatory preliminary and periodic medical examinations are carried out, and the procedure for conducting such examinations are determined by regulatory legal acts in the manner established by the federal executive body authorized by the Government of the Russian Federation.
For most professions, the rules for conducting mandatory medical examinations are approved by order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83. According to sub. 3.3 of these rules, the frequency of periodic medical examinations is determined by the territorial bodies of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare together with the employer based on the specific sanitary-hygienic and epidemiological situation. At the same time, periodic medical examinations should be carried out at least once every two years.
For individual professions, for example for workers road transport, steeplejacks, the procedure for passing medical examinations is approved by special regulations. And for employees of departmental security, the Federal Law of April 14, 1999 No. 77-FZ “On Departmental Security” establishes an annual frequency of mandatory medical examinations.
Additional medical examination
Despite the similarity of the procedures carried out during the mandatory medical examination and additional medical examination, legal regulation these two types of medical measures are different.
Additional medical examination is characterized in the order of the Ministry of Health and Social Development of Russia dated February 4, 2010 No. 55n “On the procedure for conducting additional medical examination of working citizens” (hereinafter - order No. 55n) as carried out by municipal and state systems health care, functioning in the compulsory medical insurance system, medical examinations aimed at early detection and prevention of diseases, including socially significant ones. Unlike mandatory medical examinations, employees of all professions can participate in medical examinations. In addition, participation in medical examinations is a right for an employee, not an obligation.
The legislation also does not provide for the responsibility of the employer for the failure of his employees to undergo additional medical examinations. In a letter dated 07.10.2008 No. 7694-VS “On additional medical examinations”, the Ministry of Health and Social Development of Russia does not classify medical examinations as mandatory medical examinations, which means that all the above requirements related to the provision of mandatory medical examinations do not apply to the participation of the employer in medical examinations.
Thus, ensuring that employees undergo medical examinations during working hours, as well as maintaining their place and average earnings for the duration of medical examinations, according to general rule is a right, not an obligation, of the employer. This right becomes an obligation only in the case of passing the medical examination provided for in Art. 254 of the Labor Code of the Russian Federation, by pregnant women in accordance with the regulation approved by the order of the Ministry of Health and Social Development of Russia dated March 30, 2006 No. 224.
Additional medical examination in 2010 is carried out in accordance with Order No. 55n. Additional medical examinations in 2010 are subject to working citizens who did not undergo it in previous years, as well as citizens employed in jobs with harmful working conditions, regardless of the timing of previous in-depth medical examinations. In accordance with the Decrees of the Government of the Russian Federation of December 30, 2006 No. 860 and of December 24, 2007 No. 921, citizens who underwent additional medical examinations in 2007, 2008 or 2009 are not subject to additional additional medical examinations in 2010.
Order No. 55n recommends that regional executive authorities carry out work on organizing additional medical examinations together with territorial compulsory medical insurance funds. Employers are not obligated to participate in providing medical examinations by this order.
In accordance with Decree of the Government of the Russian Federation of December 31, 2009 No. 1146 “On the procedure for providing in 2010 from the budget of the Federal Compulsory Medical Insurance Fund subsidies to the budgets of territorial compulsory medical insurance funds for additional medical examinations of working citizens”, additional medical examinations are carried out not at the expense of the employer, but at the expense of the budget of the Federal Compulsory Medical Insurance Fund.
tax accounting
The employer has the right to take into account the costs of mandatory medical examinations when calculating income tax. These costs are recognized as part of the costs of ensuring normal working conditions and safety measures provided for by law, on the basis of subpara. 7 p. 1 art. 264 of the Tax Code of the Russian Federation, which is directly indicated in the letters of the Ministry of Finance of Russia dated 07.11.2005 No. 03-03-04/1/340 and dated 07.08.2007 No. 03-03-06/1/543. At the same time, it must be remembered that the employer's expenses for mandatory medical examinations must comply with the requirements of paragraph 1 of Art. 252 of the Tax Code of the Russian Federation. That is, they must be justified, documented and related to the implementation of activities aimed at generating income.
When calculating income tax, expenses for both periodic and preliminary medical examinations are taken into account. This is stated in the letter of the Ministry of Finance of Russia dated 06.10.2009 No. 03-03-06 / 1/648. It notes that the costs of preliminary medical examinations of persons who, as a result of the examination or for other reasons, were not hired, are also taken into account for income tax purposes.
Accrued to the employee average earnings during the passage of a mandatory medical examination, the employer includes in the cost of wages in accordance with paragraph 7 of Art. 255 of the Tax Code of the Russian Federation. From these amounts of average earnings, the employee pays personal income tax in the general manner, and the employer - insurance premiums provided for by Federal Law No. 212-FZ dated July 24, 2009 “On Insurance Contributions to Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and the Territorial Compulsory Medical Insurance Funds.
At the same time, neither personal income tax nor insurance premiums are paid from the amounts of expenses incurred by the employer to pay for the cost of mandatory medical examinations. This is indicated by the Ministry of Finance of Russia in a letter dated November 21, 2008 No. 03-03-06 / 4/84.
Mandatory medical examinations provided for by law
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Profession |
Mandatory medical examination |
Mandatory periodic medical examinations |
Regulatory rationale |
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Persons under the age of 18 |
Art. 69 of the Labor Code of the Russian Federation |
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Employees of food industry organizations |
Art. 213 of the Labor Code of the Russian Federation, Art. 23 of the Federal Law of January 2, 2000 No. 29-FZ “On the Quality and Safety of Food Products” |
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Employees of public catering organizations |
Art. 213 of the Labor Code of the Russian Federation, art. 23 of the Federal Law of 02.01.2000 No. 29-FZ |
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Employees of trade organizations |
Art. 213 of the Labor Code of the Russian Federation |
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Workers of waterworks |
Art. 213 of the Labor Code of the Russian Federation |
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Employees of medical institutions |
Art. 213 of the Labor Code of the Russian Federation |
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Children's institutions employees |
Art. 213 of the Labor Code of the Russian Federation |
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Workers performing work directly related to traffic Vehicle |
Art. 328 of the Labor Code of the Russian Federation (On the procedure for conducting medical examinations of road transport workers, see the orders of the USSR Ministry of Health dated September 29, 1989 No. 555, the Ministry of Health and Medical Industry of Russia dated March 14, 1996 No. 90) |
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Athletes |
Art. 348.3 of the Labor Code of the Russian Federation |
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Employees involved in the processes of production, storage, transportation, sale and disposal of milk and products of its processing |
Art. 22 of the Federal Law of 02.06.2008 No. 88-FZ "Technical Regulations for Milk and Dairy Products" |
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Personnel involved in the production of edible oil and fat products |
Art. 16 of the Federal Law No. 90-FZ dated June 24, 2008 "Technical Regulations for Oil and Fat Products" |
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Teaching staff |
Art. 51 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education" |
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Departmental security workers |
Art. 6 of the Federal Law of April 14, 1999 No. 77-FZ “On Departmental Security” |
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Workers in production, providing for the handling of sources of ionizing radiation |
Art. 14 of the Federal Law of 09.01.96 No. 3-FZ "On Radiation Safety of the Population" |
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Personnel of chemical weapons storage and destruction facilities |
as well as medical examinations before and after the shift |
Art. 14 of the Federal Law of 02.05.97 No. 76-FZ "On the destruction of chemical weapons" |
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Candidates for drivers and drivers of vehicles |
as well as pre-trip, post-trip and current medical examinations of drivers |
Art. 23 of the Federal Law of December 10, 1995 No. 19 6-FZ "On Security traffic» |
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Workers at work directly related to train traffic |
as well as pre-trip or pre-shift medical examinations of employees whose professions are included in the list of the order of the Ministry of Transport of Russia dated March 28, 2007 No. 36 |
Art. 25 of the Federal Law of January 10, 2003 No. 17-FZ “On railway transport In Russian federation" |
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Employees of nuclear facilities |
Decree of the Government of the Russian Federation of 01.03.97 No. 233 |
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Climbers (all work is considered climbing when the main means of protecting workers from falling from a height at all times of work and movement is a safety belt) Crane operators (crane operators) High speed elevator lifters |
"On approval of the lists of harmful and (or) dangerous production factors and work, during the performance of which preliminary and periodic medical examinations (examinations) are carried out, and the Procedure for conducting these examinations (examinations)" |
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Workers servicing existing electrical installations with voltages of 42 V AC and above, 110 V DC and above |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Forest guards Workers in the felling, transport and primary processing of the forest |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Oil and gas industry workers in the regions of the Far North and equivalent areas, desert and other remote and insufficiently populated areas, as well as offshore drilling |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Employees of hydrometeorological stations and communication facilities located in polar, high-mountain, desert, taiga and other remote and insufficiently populated areas, in difficult climatic conditions |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Geologists, topographers, builders, etc. in remote, sparsely populated, hard-to-reach, tundra, swampy and mountainous areas (including those working on a rotational expedition basis) |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Workers in explosive and fire hazardous industries |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Employees of paramilitary security, special communications services, cash collection and other departments who allowed to carry and use firearms |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Workers in industries related to the maintenance of installations and containers with an internal pressure of gases and liquids above 1.1 atm. |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Employees at work performed in conditions of a changed geomagnetic field (shielded premises, buried structures) |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Underwater workers |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Underground workers |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Employees of services for the prevention and elimination of consequences of natural and man-made emergencies Workers of the gas rescue service and gas rescue squad Workers of detachments for the prevention and elimination of open gas and oil fountains Workers of militarized mountain and mountain rescue services Firefighters |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Workers carrying out activities with the use of isolating means personal protection and filtering gas masks with a full face |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Workers on ships |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Employees working in conditions of low and high atmospheric pressure |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Students of educational organizations of general and vocational education before and during the internship in organizations whose employees are subject to medical examinations |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Employees of consumer service organizations (bath attendants, employees of showers, hairdressers) |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Swimming pool and spa workers |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Employees of hotels, hostels, passenger cars (conductors) |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Employees of the medical industry and the pharmacy network associated with the manufacture, packaging and sale of medicines |
Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 |
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Mandatory medical examinations to detect HIV infection |
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Doctors and medical staff of AIDS prevention and control centers, health care institutions, specialized departments and structural divisions health care institutions involved in direct examination, diagnosis, treatment, maintenance, as well as forensic medical examination and other work with persons infected with the virus | |||
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Physicians and medical staff of laboratories that screen the population for HIV infection and analyze blood and biological materials obtained from persons infected with the virus |
Decree of the Government of the Russian Federation of 04.09.95 No. 877 |
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Scientists, specialists, employees and workers of research institutions, enterprises for the manufacture of medical immunobiological preparations and other organizations whose work is related to materials containing the virus | |||
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 an 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.
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Name of works and professions |
Frequency of inspections |
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1 time per year |
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10. Performed directly on mechanical equipment with open moving (rotating) structural elements (turning, milling and other machines, stamping presses and etc.) |
1 time in 2 years |
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11. Under water, performed by workers in a gaseous environment under normal pressure conditions |
1 time in 2 years |
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12. Underground |
1 time per year |
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13. Performed with the use of insulating and filtering gas masks with a full face |
1 time in 2 years |
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14. In food industry organizations, dairy and distribution points, at bases and warehouses of food products, where there is contact with food products in the process of their production, storage, sale, including work on sanitization and repair of inventory, equipment, as well as work where there is contact with food products during their transportation by all modes of transport |
1 time per year |
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15. In public catering organizations, trade, buffets, catering units, including transport |
1 time per year |
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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 |
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17. medical personnel medical institutions, as well as maternity hospitals (departments), children's hospitals (departments), children's clinics, departments of pathology of newborns, premature |
1 time per year |
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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 |
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19. In seasonal recreational organizations for children and teenagers |
1 time per year |
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20. In preschool educational organizations, orphanages, organizations for orphans and children left without parental care (persons replacing them), educational institutions of boarding type, health educational organizations, including sanatorium type, children's sanatoriums, year-round holiday camps as well as social shelters and nursing homes |
1 time per year |
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21. In consumer service organizations (attendants, employees of showers, hairdressers) |
1 time per year |
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22. In swimming pools, as well as balnearies |
1 time per year |
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23. In hotels, hostels, passenger cars(conductors), as a stewardess |
1 time per year |
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24. In organizations of the medical industry and the pharmacy network associated with the manufacture, packaging and sale of medicines |
1 time per year |
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25. At waterworks related to water treatment and maintenance of water supply networks |
1 time per year |
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26. Associated with the processing of milk and the manufacture of dairy products |
1 time per year |
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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 at the expense of the Ministry of Defense of employees at their own expense, but also for the admission to work of persons who have not passed the preliminary or periodic inspection or not admitted 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 carrying out entrepreneurial activity 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).
