Is it necessary to issue a waybill and medical examinations if an organization uses a car for its own needs?

Rate this article!

Anastasia Lukyanenko , customer service expert April 04, 2021, occupational safety, how to organize medical examinations

As a rule, when deciding to open a transport department in a company, managers forget about one very important point - medical examinations for drivers. The employer is obliged to organize medical examinations for drivers in his company. We’ll talk to you about how to organize medical examinations of drivers correctly.

All types of medical examinations for drivers

There are few types of mandatory medical examinations for drivers:

1. Preliminary medical examinations upon entry to work.
2. Periodic medical examinations
3. Pre-trip and post-trip medical examinations.

These medical examinations must be completed:

• Employees (according to Article 214 of the Labor Code of the Russian Federation.)
• Individual entrepreneurs who carry out transportation independently (clause 4 of Article 23 of the Federal Law of December 10, 1995 No. 196-FZ.)

These medical examinations are carried out exclusively at the expense of Article 213 of the Labor Code of the Russian Federation). While the employee undergoes a medical examination, he retains his job and average salary.

When will you have to pay extra?

The courts recognize the fact of combining professions and the employee’s right to additional payment in cases where:
<or> the employee’s job responsibilities for the main position did not include duties that he performed additionally for another position for which the organization provided a unit in the staffing table, and also its own job description <7>;

<or> the employee performed work that was not part of his job responsibilities and was not provided for in the employment contract, but in fact an agreement was reached on payment for the combination (the employee submitted a statement in which he refused to perform a number of duties, and the director requested in writing the founder to pay extra to the employee for the combination) <8>;

<or> the employee was transferred from the position of driver to the position of forwarding driver and performed, in addition to the duties of a driver, the duties of a forwarding agent without additional payment for the combination. The court decided that the professions of driver and forwarder, according to the All-Russian Classification of Worker Professions, Employee Positions and Tariff Classes OK 016-94, are two independent positions with different labor functions, and are also independently certified as jobs with the employer <9>;

<or> the provisions of the employment contract indicated that the actions actually performed by the employee related to driving a car and maintaining it in good condition went beyond the normal job responsibilities of the employee as the head of the department <10>.

As we see, employees can prove the fact of combination only on the basis of documents. And if such documents are available, then it is easier for the employer to pay the employee extra for the combination without bringing the matter to court.

Preliminary. How to organize medical examinations for drivers

Always, before hiring a driver, the employer is obliged to send him for a preliminary medical examination. The same applies to individual entrepreneurs who decide to carry out transportation on their own. You can undergo a preliminary medical examination both in state and municipal medical organizations, and in private ones. But only if they have a license to provide these services. In order to undergo a preliminary medical examination, the employer issues a referral to the applicant against signature, which states:

• Name of company.
• Form of ownership and type of economic activity of the organization according to OKVED.
• Name of the medical organization, actual location address and OGRN code.
• Type of medical examination (preliminary or periodic).
• Last name, first name, patronymic of the applicant.
• The name of the structural unit in which the applicant will work.
• Name of position or type of work.
• Harmful or dangerous production factors.

The employer signs the referral and also keeps records of all issued referrals. Along with the referral, the applicant submits to the medical organization:

• Passport
• Employee health passport (if available)
• The decision of the medical commission that conducted the mandatory psychiatric examination

The medical organization issues a conclusion based on the results of the medical examination. The conclusion is drawn up in two copies. The first one is given to the applicant and he provides it to the manager. The second remains in the medical organization and is attached to the outpatient card. If, based on the results of the medical examination, no contraindications are identified, the employer can conclude an employment contract with the applicant.

We'll figure out the surcharge for combining

The need for additional payment to an employee for driving a company car depends on whether he actually performs the work of a driver, that is, transporting goods or people.
This can be determined from the contents of the employee’s employment contract and the job description, if it is part of this contract <2>.

If an employee, in addition to his main duties stipulated by the employment contract or job description, performs additional duties as a driver that are not specified in the employment contract, then there is a combination of professions (positions), for which the employee is entitled to an additional payment <3>.

Periodic. How to organize medical examinations for drivers

The following are required to undergo periodic medical examination:

• Persons working as car drivers
• Individual entrepreneurs who independently carry out transportation

Just like the preliminary inspection, periodic inspection is paid for by the manager. By law, drivers are required to undergo periodic medical examinations at least once every two years. But employees whose age is under 21 undergo examinations every year. To send employees for periodic medical examinations, you will need:

1. List of employees subject to preliminary and periodic medical examinations.
2. A list of names of persons who must undergo inspection, indicating the structural unit and harmful factors.
3. Send a list of names to the medical organization no later than two months before the start date of the periodic medical examination.
4. Agree on a calendar plan for periodic medical examinations of drivers.
5. Familiarize employees with the calendar plan no later than 10 days before the start of the inspection.
6. Issue referrals for periodic medical examinations.

No later than 30 days after the examination, the medical organization issues a certificate of periodic medical examination. The act is drawn up in four copies, certified by the seal of the medical organization.

Pre-trip and post-trip. How to organize medical examinations for drivers

Pre-trip medical examinations are carried out before the start of the working day, post-trip medical examinations are carried out after the working day. To conduct such examinations in a company, the manager will need to either independently obtain a license to carry out medical activities and hire a medical employee, or enter into an agreement for the provision of services with a medical organization that has such a license. The medical worker reports the results of these examinations to the manager.

Topic 11: Should office drivers undergo a medical examination?

In the
“Consultations”
, you can ask any question about administrative and economic activities by sending it to an email address and receive advice from experts from the AHP Association Association.

LIST OF EXPERTS:

TOPIC No. 11

The question is asked by the administrative director of one of the leaders in the global commercial and residential real estate market:

“Please tell me, should office drivers undergo regular medical examinations? In my previous practice, I came across the fact that the requirement for mandatory medical examination applies mainly to professional drivers (public transport). Somehow, before this, questions with a medical examination did not arise, but now, it seems, this question will be raised.

Can you tell me if there are any legal norms or requirements? Where can I read it? We have only 4 cars in our company. How can the costs of a medical examination and obtaining certificates be justified?”

The question is answered by
Alena Igorevna Kulachenkova ,
Member of the Board of the Association "AHP Association", Director of Administrative Issues of SOVCOMBANK ICB LLC.

1. Federal law of the Russian Federation

dated July 28, 2012 No. 131-FZ “On Amendments to Certain Legislative Acts of the Russian Federation”, Article 20 of the Federal Law dated December 10, 1995 No. 196-FZ “On Road Safety” was supplemented with paragraph 4 as follows: “Legal entities and individual Entrepreneurs carrying out transportation by road and urban ground electric transport must:

- ensure the presence in the organization of an official responsible for ensuring road safety and who has passed certification in the prescribed manner for the right to occupy the corresponding position;

- ensure compliance of employees with professional and qualification requirements for transportation and established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of transport, unless otherwise established by federal law;

- ensure the availability of premises and equipment allowing for parking, maintenance and repair of vehicles, or concluding agreements with specialized organizations for parking, maintenance and repair of vehicles;

- organize and conduct pre-trip inspection of the technical condition of vehicles (Paragraph as amended, entered into force on March 31, 2014 by Federal Law of December 28, 2013 No. 437-FZ."

The list of measures to prepare workers for safe work and vehicles for safe operation, the frequency of relevant inspections are determined by the federal executive body responsible for developing state policy and legal regulation in the field of transport. (The clause was additionally included from July 30, 2012 by Federal Law of July 28, 2012 No. 131-FZ).

2. Which categories of drivers need to undergo a pre-trip medical examination?

According to the requirements of Federal Law 196-FZ of December 10, 1995, drivers of ANY vehicles (including trucks and cars) owned by legal entities or individual entrepreneurs are required to undergo a pre-trip medical examination (PMO) before going on the line. At the same time, the number of drivers and the type of business activity do not affect the need to organize and conduct PMO.

3. Is it possible to hire a nurse with a certificate to conduct pre-trip medical examinations?

According to the requirements of Federal Law 128-FZ of 08.08.2001, all medical activities, including pre-trip medical examinations (PME), are licensed, therefore, by organizing and conducting PME, you become a medical organization. If you want to organize and conduct PME by hiring a nurse, get a license!

Conducting business activities without a license, in accordance with Law 195-FZ of December 30, 2001 (Administrative Code), Chapter 14, Article 14.1, is an offense and is subject to a fine.

4. Who checks for pre-trip medical examinations for drivers?

If the organization has transport, any internal and external (usually state) audit can check how medical examinations are carried out. Most often, a contract for pre-trip medical examinations is required when checking by the “labor” and “transport” inspections.

5. What documents regarding pre-trip medical examinations may the inspection body request?

Most often, one agreement and a copy of the license are not enough. It is also necessary to present logs of pre-trip medical examinations and certificates of work performed, signed on both sides, as confirmation of ongoing activities. The presence of only an agreement and a copy of the license means that you have concluded an agreement, but actual activities are not carried out under it.

6. Who is required to conduct post-trip medical examinations (who is subject to post-trip examinations)?

On March 30, 2014, Federal Law No. 437-FZ of December 28, 2013 came into force, according to which (Article 1, paragraph 3) post-trip medical examinations “are carried out during the entire time a person works as a driver of a vehicle, if such work associated with the transportation of passengers or dangerous goods.”

7. How to avoid pre-trip medical examinations (how to avoid pre-trip examinations)?

The only way is to get rid of the transport. You can do this:

1) by selling the transport and concluding a contract for transportation with a transport organization;

2) by renting out vehicles “without a crew” to their own drivers.

At the same time, in accordance with the legislation of the Russian Federation, an employee is considered a driver from the moment he begins to carry out instructions from management related to driving a vehicle.

8. Article 213 of the Labor Code of the Russian Federation. Medical examinations of certain categories of workers.

Workers engaged in heavy work and work with harmful and (or) dangerous working conditions (including underground work), as well as work related to traffic, undergo mandatory preliminary (upon entry to work) and periodic (for persons under the age of 21 - annual) medical examinations (examinations) to determine the suitability of these workers to perform the assigned work and prevent occupational diseases. In accordance with medical recommendations, these employees undergo extraordinary medical examinations (examinations) (as amended by Federal Law No. 122-FZ of August 22, 2004).