The work of drivers of buses, trucks and other vehicles should be accompanied by increased attention to their health. Current legislation requires that the management of transport companies ensure that drivers undergo regular medical examinations in order to detect alcohol or drug intoxication, high blood pressure, as well as various serious health problems. To register the medical measures taken, you should use a special document - “Journal of pre-trip medical examination of drivers”, a sample of which can be found below.
Mandatory medical examination for drivers
The employer is obliged to organize an examination of drivers before going on a trip to identify signs of exposure to harmful and (or) dangerous production factors on the body, as well as conditions that interfere with the performance of work duties. Legislators include these conditions:
- alcohol intoxication;
- drug intoxication;
- other toxic intoxication;
- residual effects of such intoxication.
This means that even after drinking alcohol the day before, you should not drive. In addition, it is unacceptable to drive a car in a state of illness - from a cold or high blood pressure to exacerbation of chronic diseases. Their signs are identified by a person with a medical education. To record the employee’s condition during a pre-trip medical examination, medical workers fill out a special log in which they indicate all the parameters studied and record the time the procedure was performed.
The obligation to conduct medical examinations applies to any organization or individual entrepreneur operating vehicles, and does not depend on the type of activity performed and the number of full-time employees. If there is even one “office” driver on staff or an individual entrepreneur works in cargo transportation independently, it is still necessary to take care of medical examinations before leaving (we are talking about commercial cargo transportation, if the individual entrepreneur is driving himself or for himself, a medical examination is not needed).
ConsultantPlus experts examined whether it is legal to hold an organization administratively liable for failure to conduct a pre-trip medical examination of the director and his deputy before allowing them to drive a company car. Use these instructions for free.
How and who guides “before” and “after” the flight
Only a full-time employee or an invited specialist with a medical education can conduct inspections of drivers before trips. The head of the organization can enter into an agreement with a third-party medical company, which will provide its personnel to conduct pre-trip examinations. The process of organizing medical examinations falls on the shoulders of the employer.
When conducting a medical examination, a specialist must assess the driver’s condition from a professional point of view. Its task is to identify factors that can lead to a deterioration in the employee’s well-being while driving a vehicle.
Without fail, a medical professional determines whether the driver shows signs of alcohol intoxication. After the inspection, he fills out the appropriate log.
How to organize a pre-trip medical examination for drivers
In addition to Federal Law No. 196-FZ, there are three by-laws regulating pre-trip medical examinations of drivers:
- Order of the Ministry of Health No. 835n dated December 15, 2014;
- the older, still Soviet order of the USSR Ministry of Health No. 555 dated September 29, 1989, contains the recommended form of the registration log;
- letter of the Ministry of Health No. 2510/9468-03-32 dated 08.21.2003 on the requirement for employers, before the start of pre-trip medical examinations of drivers, to approve an internal local legal act - a regulation on the organization of relevant examinations. This standard form is contained in Appendix No. 2 to the specified letter from the Ministry of Health.
IMPORTANT!
The Ministry of Transport of Russia issued letter No. D3-531-PG dated 04/08/2019, in which it clarified the procedure for medical examinations for drivers and explained how Order 835n on pre-trip medical examinations of drivers in 2021 applies in organizations and individual entrepreneurs. Officials reminded of the need to put a stamp on the examination on the waybill indicating the date and time, signature and full name of the medical worker.
Thus, employers must comply with the requirements of Order No. 835n and take them into account when drawing up regulations on medical examinations in the organization, drawing up a medical examination log and waybills.
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Procedure for conducting employee inspections
Pre-trip control is carried out before the start of the voyage in the following cases:
- only one flight is performed per shift (working day);
- the duration of the flight exceeds the duration of the driver’s shift (working day).
Pre-shift control is carried out before the start of the shift if the driver makes several trips during a shift (working day).
Both types of control must be carried out before the vehicle leaves the parking lot. If several drivers work in shifts on the same vehicle, the time for control is before the start of the trip or shift (working day) of the one who leaves the parking lot first.
Drivers must undergo not only pre-trip, but also pre-shift, post-trip and post-shift medical examinations from a medical professional. The exception is drivers of emergency vehicles (fire, ambulance, emergency gas service or water utility). Such employees must necessarily see a doctor only before the start of their shift, since their departure on a flight occurs unplanned. After returning from a flight, a doctor must examine the driver who transported passengers or dangerous goods. All other drivers do not show up to the doctor after completing work. All data is entered into a special medical examination log.
Paperwork
The first page of the standard provision looks like this:
In this document, the manager regulates the organization of pre-trip medical examinations of his employees, in particular it is necessary:
- indicate the content of medical examinations;
- determine the implementation of individual procedures as part of the medical examination;
- determine the conditions for the procedure;
- oblige to keep a journal;
- establish criteria for allowing drivers to work after passing a medical examination;
- determine the responsibilities of the medical institutions with which the contract is concluded, or establish the need to hire a full-time health worker.
IMPORTANT!
Drivers are required to carry waybills with them. According to paragraphs. 2 clause 7 of the order of the Ministry of Transport No. 152 of September 18, 2008 (as amended on November 7, 2017) “On approval of mandatory details and the procedure for filling out waybills”, a mark on the date and exact time of pre-trip and post-trip inspections is a mandatory requisite of such a sheet.
Storage periods and rules
Each business entity that maintains a log of pre-trip inspection of drivers must ensure secure and correct storage of closed accounting registers.
In accordance with the regulations of Federal legislation, commercial organizations and individual entrepreneurs are required to store logs for 5 years. Only after this period has expired can they destroy the accounting registers.
The requirements for the pre-trip medical examination room for drivers are presented in this video.
Who conducts the medical examinations?
Let us pay attention to paragraph 1.6 of the Regulations page shown above. It says that conducting medical examinations is the prerogative of medical workers. This follows from paragraph 8 of the Procedure, approved by Order No. 835n. It is allowed to entrust this procedure to:
- health workers with higher and (or) secondary vocational education (including employees on the employer’s staff);
- medical organization or other organization carrying out medical activities.
If we are talking about a full-time medical worker, then on the basis of Article 12 of Federal Law No. 99-FZ of May 4, 2011, the organization will have to obtain a license to carry out medical activities. This is justified only in the case of a large staff of drivers, so most often organizations and individual entrepreneurs enter into an agreement for the provision of such services with those organizations that already have a license. Availability of a license must be checked before concluding a contract. All costs for these activities are borne by the employer, as provided for in Article 212 of the Labor Code of the Russian Federation and Article 213 of the Labor Code of the Russian Federation.
Medical examination log
Paragraph 14 of the Procedure, approved by Order No. 835n, states that an organization or individual entrepreneur must enter all examination results in a special journal for recording pre-trip medical examinations. The following information is indicated about each driver in the log:
- date and time of inspection;
- Full Name;
- gender, date of birth;
- examination results;
- conclusion about the results;
- signature of a health worker with a transcript;
- signature of the employee who passed the control.
The standard journal form recommended for use is contained in the appendix to the order of the USSR Ministry of Health No. 555 of September 29, 1989. The employer has the right to develop it independently. This is what a completed driver pre-trip and post-trip medical examination log looks like:
The pages of the paper journal with the results of medical examinations are numbered, laced and sealed with the seal of the organization.
Some organizations prefer to keep the log electronically. In this case, the possibility of printing individual pages is determined, and the information entered in the journal is certified with an enhanced qualified electronic signature of an authorized health worker or organization. Clause 15 of the Procedure, which determines the possibility of maintaining an electronic journal, does not provide for the signing of drivers in it in this case. It is separately established how to fill out the inspection report in the pre-trip log: it indicates the presence or absence of signs that prevent the driver from being allowed to work.
Based on the data from the pre-trip medical examination log, the authorized employee once a month sums up the results of the control and analyzes the reasons for the removal of drivers from work. The results of such analysis are brought to the attention of the director. Both the health worker himself and the manager pay special attention to cases of suspension from work due to alcohol and drug use.
Main conclusion
Despite the liability and fines, I want to remember that driving a car is a high-risk activity, because the driver’s poor health can cause an accident and injury to not just one employee, but dozens at the same time and not only those working in your organization, but also other road users. movements.
Children are often transported in cars, and negligent attitude towards letting drivers onto the line can endanger their lives.
And waybills with stamps are so often bought and sold because employers don’t have time and don’t want to “bother” and miss opportunities.
But if we all take a responsible approach to pre-trip and post-trip medical examinations of drivers, then the percentage of accidents will be much lower.
I wish you effective and, most importantly, safe work!
If you have any questions, write about them in the comments, perhaps they will serve as the basis for the next article.
How a sobriety check and medical examination of a driver is carried out
The health status of workers is monitored immediately before the start of a work shift or departure on a flight. A pre-trip medical examination is carried out as follows:
- Visual inspection of the employee. Gait, appearance, and behavior are assessed.
- Health survey.
- Medical examination of visible mucous membranes and skin. A check is made for the presence of scratching, injection marks on the hands, pallor or redness of the skin, and the condition of the pupils (constricted or dilated).
- Measurement of blood pressure and pulse. If a deviation from the norm is detected, repeat the study no less than 20 minutes later.
- Identification of signs of intoxication (alcohol, drugs or other toxic) or residual effects of intoxication.
Sometimes laboratory and instrumental tests are carried out, for example, determining the alcohol content in exhaled air or urine analysis.
Based on the results of all these studies, the authorized health worker makes a conclusion about the possibility of going on a flight. If permission is received, then a stamp “Passed a pre-trip medical examination” is stamped on the waybill or a handwritten entry is made and certified by the signature of the person who carried out the control. If the driver does not pass the control, a protocol is drawn up about this.
Ban on permission to work and its consequences
If, during the pre-trip medical examination, conditions and diseases were identified that interfere with work, for example, signs of intoxication or hangover, high blood pressure or temperature, the employee is given a certificate to present to the clinic at the place of residence. Such an employee does not go on a flight. The certificate states:
- its serial number;
- date (day, month, year) and time (hours, minutes) of the control;
- purpose of referral to the clinic;
- preliminary diagnosis;
- amount of assistance provided on site;
- signature of the medical professional who issued the certificate, with a transcript of the signature.
This is what the certificate form looks like:
The employer, having received information about the driver’s inadmissibility as a result of a pre-trip medical examination, must remove him from work by virtue of Article 76 of the Labor Code of the Russian Federation. This is done by issuing an order in any form. The employee must be familiarized with the order and signed. If you refuse to sign, an act is drawn up. Until the circumstances that caused the driver’s condition are established (in the event of his guilty behavior), he is not paid any wages.
The driver goes to the clinic and presents a certificate. The doctor examines him, issues a sick leave certificate and releases him from work for the duration of his illness, or makes a note on the certificate that there are no grounds for issuing sick leave. In this case, the driver starts work the next day. If there was no need for suspension, then the day that the employee misses due to a visit to the doctor is included in working hours, but is paid in the absence of sick leave as downtime in accordance with Art. Art. 157 Labor Code of the Russian Federation.
Common Mistakes
Elena Viktorova, lawyer: During checks, it is often discovered that in the log, except for the first and last name and mileage for the morning, there are no indicators. This is not correct, because in addition to alcohol in the blood, the doctor must also examine the general physical condition of the driver, so the following points are necessary:
- driver's personnel number
- body temperature (degrees Celsius)
- pressure (mm Hg)
- pulse (beats per minute)
- visual examination (skin, pupils, red eyes, etc.)
- what worries
- reasons for referral to a doctor
- medical professional's signature
Indicators must be measured realistically, and not based on the driver’s words.
