Who should undergo regular medical examinations?
The obligation of employers to organize periodic medical examinations is established in the Labor Code of the Russian Federation (Articles 212 and 213), and the detailed procedure for its implementation is regulated by Order of the Ministry of Health and Social Development No. 302n dated April 12, 2011. Thus, according to the Order, the following categories of workers should regularly check their health:
- those who are employed in hazardous and hazardous work;
- those who are engaged in steeplejack and high-altitude work;
- catering staff;
- personnel of children's, educational and medical institutions;
- those who work in sanitary, hygienic and cosmetology organizations (including saunas, baths and laundries);
- pharmaceutical company employees;
- cleaning employees;
- those employed in the water supply sector;
- employees of livestock farms and poultry farms;
- young professionals under the age of 21.
Powers of the occupational pathology center
The Center for Occupational Pathology of a constituent entity of the Russian Federation summarizes and analyzes the results of periodic medical examinations of workers engaged in work with harmful and (or) dangerous working conditions on the territory of a given constituent entity of the Russian Federation and, no later than February 15 of the year following the reporting year, sends the summarized information to the Federal Center occupational pathology of the Ministry of Health and Social Development of Russia and the health care management body of a given subject of the Russian Federation.
The Federal Center for Occupational Pathology of the Ministry of Health and Social Development of Russia, no later than April 1 of the year following the reporting year, submits information on periodic examinations of workers engaged in work with harmful and (or) dangerous working conditions to the Ministry of Health and Social Development of Russia.
Order of conduct
The responsibility for organizing and paying for the medical examination rests with the employer. The whole process can be divided into several stages.
- Compiling a list of employees who must undergo examination. In this case, the employer must focus on the so-called contingent of persons subject to regular medical examination, indicating harmful and hazardous production factors, as well as the type of work. The list must be submitted to Rospotrebnadzor within 10 days after its preparation and approval (clauses 19–21 of the Order).
- Concluding an agreement with a medical institution and agreeing on the timing of the examination.
- Issuing an order to conduct a periodic medical examination. It is necessary to familiarize all personnel with it at least 10 days before the start of the medical examination.
- Issuing referrals for medical examinations.
- Receiving conclusions with the results by employees.
- Summing up the results of the medical examination by the medical center together with representatives of the employer and the sanitary and epidemiological service.
- Placing a mark on the examination in the personal medical record of each employee.
Let's take a closer look at the stage of drawing up the conclusion.
Final act based on the results of medical examinations
APPROVED by the Chairman of the medical commission _______________________________________ (name of the medical organization that conducted the medical examinations) _______________ ______________________ (signature) (full name) “__”___________ ____ Mr. M.P.
FINAL ACT 1 based on the results of the periodic medical examination
_______________ "__"___________ ____ city _________________________________________________________________________ (name of the medical organization that conducted medical examinations) represented by __________________, acting on the basis of _____________________, ___________________________________________________________________________ (name of the territorial body of the federal executive body authorized to exercise state control and supervision in the field of ensuring sanitary -epidemiological well-being of the population) represented by __________________, acting on the basis of _____________________, and _________________________________________________________________________ (name or full name of the entrepreneur-employer) represented by __________________, acting on the basis of _____________________, drew up this Final Act on the following: Based on the results of a periodic medical examination (examinations) of employees ________________________________________________________________ (name of employer, structural unit) for _____ year, carried out by the medical organization _______________________ (OGRN code __________, location address: ________________________): 1. Established:
1.1. The total number of employees is ______________, including:
— women — _______________;
— workers under 18 years of age — _______________;
— workers who have been determined to have a persistent degree of disability — _______________.
1.2. The number of workers engaged in heavy work and work with harmful and (or) dangerous working conditions is _______________.
1.3. The number of workers engaged in work that requires periodic medical examinations (examinations) in order to protect public health and prevent the occurrence and spread of diseases is _______________, including:
— women — _______________;
— workers under 18 years of age — _______________;
— workers who have been determined to have a persistent degree of disability _______________.
1.4. The number of employees subject to periodic medical examination is _______________, including:
— women — _______________;
— workers under the age of 18 _______________;
— workers who have been determined to have a persistent degree of disability — _______________.
1.5. Number of employees who have undergone periodic medical examination _______________, including:
— women _______________;
— workers under the age of 18 _______________;
— workers who have been determined to have a persistent degree of disability _______________.
1.6. Percentage of employees covered by periodic medical examinations.
1.7. Number of employees who have not completed periodic medical examination _______________, including:
— women _______________;
— workers under the age of 18 _______________;
— workers who have been determined to have a persistent degree of disability _______________.
1.8. The number of employees who have not undergone periodic medical examinations, including:
— women _______________;
— workers under the age of 18 _______________;
— workers who have been determined to have a persistent degree of disability _______________.
2. Results of the medical examination:
2.1. The number of employees who do not have medical contraindications to work _______________.
2.2. The number of employees with temporary medical contraindications to work _______________.
2.3. The number of employees with permanent medical contraindications to work _______________.
2.4. The number of employees who need additional examination (no conclusion given) _______________.
2.5. The number of workers who need examination at the occupational pathology center _______________.
2.6. The number of workers in need of outpatient examination and treatment _______________.
2.7. The number of workers in need of inpatient examination and treatment _______________.
2.8. The number of employees in need of sanatorium-resort treatment _______________.
2.9. The number of employees in need of dispensary observation _______________.
3. List of newly diagnosed chronic somatic diseases indicating the class of diseases according to the International Classification of Diseases - 10 (hereinafter referred to as ICD-10):
3.1. __________________________________________________________;
3.2. __________________________________________________________;
3.3. __________________________________________________________.
4. List of newly identified occupational diseases indicating the class of diseases according to ICD-10:
4.1. __________________________________________________________;
4.2. __________________________________________________________;
4.3. __________________________________________________________.
5. Results of implementation of the recommendations of the previous final act: ________________________________________________.
6. Recommendations for the employer on the implementation of a set of health-improving measures, including preventive and other measures: ________________________________________________.
7. Annexes that are an integral part of the Final Act:
7.1. List of persons who have undergone periodic medical examination, indicating gender, date of birth, structural unit (if any), conclusion of the medical commission.
7.2. List of employees who have not completed periodic medical examinations.
7.3. List of employees who have not undergone periodic medical examination.
7.4. List of persons with a preliminary diagnosis of an occupational disease, indicating gender, date of birth; structural unit (if any), profession (position), harmful and (or) hazardous production factors and work.
SIGNATURES:
Representative of the medical institution ___________ _________________ (signature) (full name) M.P. Representative of the territorial body of the federal executive body ___________ _________________ (signature) (Full name) M.P. Representative of the employer ___________ _________________ (signature) (full name) M.P.
1 In accordance with clauses 42, 43 of the Procedure for conducting mandatory preliminary and periodic medical examinations (examinations) of workers engaged in heavy work and work with harmful and (or) dangerous working conditions, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011 N 302n, based on the results of examinations, the medical organization, no later than 30 days after the completion of the periodic medical examination, summarizes the results of the periodic examinations of workers and together with the territorial bodies of the federal executive body authorized to exercise state control and supervision in the field of ensuring the sanitary and epidemiological well-being of the population , and representatives of the employer draw up the final act.
Responsibility
Since health protection is one of the priority areas of state policy, evasion of mandatory medical examination entails sanctions for both the employer and employees. Thus, Part 3 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation establishes a fine for allowing persons to work who have not passed a medical examination:
- for individual entrepreneurs and officials - from 15,000 to 25,000 rubles;
- for organizations - from 110,000 to 130,000 rubles.
In case of repeated commission of a similar offense, Part 5 of the same article establishes increased fines:
- Individual entrepreneurs and officials will pay from 30,000 to 40,000 rubles;
- organizations - from 100,000 to 200,000 thousand rubles.
In addition, in the second case, as an alternative to a fine, the law provides for other types of influence:
- for entrepreneurs and organizations - suspension of operation for up to 90 days;
- for officials - disqualification from 1 to 3 years.
If an employee evades a medical examination, this may be qualified as evasion of work duties, for which disciplinary action may be imposed on him in accordance with Article 193 of the Labor Code of the Russian Federation. If he commits a similar offense again, this may serve as a reason for dismissal, which is confirmed both by the content of Article 81 of the Labor Code of the Russian Federation and by judicial practice.
Final act form
Legal documents
- Article 212 of the Labor Code of the Russian Federation. Responsibilities of the employer to ensure safe conditions and labor protection
- Article 213 of the Labor Code of the Russian Federation. Medical examinations of certain categories of workers
- Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n
- Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation. Violation of state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation
- Article 193 of the Labor Code of the Russian Federation. Procedure for applying disciplinary sanctions
- Article 81 of the Labor Code of the Russian Federation. Termination of an employment contract at the initiative of the employer
Document approval
The form is approved by the signature of the chairman of the medical commission. The seal of the medical institution is placed on it.
The document should be drawn up in four copies. Within 5 working days from the date of approval, the medical center sends it:
- employer;
- to the center of occupational pathology of a constituent entity of the Russian Federation;
- to the territorial office of Rospotrebnadzor;
- the fourth copy is kept in the medical center that carried out periodic examinations. Shelf life: 50 years.
Filling example
The recommended form for the final act based on the results of the periodic medical examination is enshrined in Appendix No. 9 to Order 302n (this is one of 11 attachments that were not registered with the Ministry of Justice).
