Who is required to have a medical book and is a medical book needed for a driver, working with children, catering chefs, university teachers, or a beauty salon administrator?

Who does not need medical records?

Having read the information given above, probably everyone is thinking about who needs a health card for work? Is it unlikely that a law or order will oblige everyone to undergo a medical examination? Or maybe a medical book is needed only by those who are engaged in trade? Russia, like any state, has its own regulatory framework, and, indeed, in accordance with it, not everyone needs to formalize and then renew the LMC.

The main regulatory documents are:

Order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011 No. 302n “On approval of lists of harmful and (or) hazardous production factors and work, during which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the Procedure for conducting mandatory preliminary and periodic medical examinations (examinations) workers engaged in heavy work and work with harmful and (or) dangerous working conditions”;
Order of Rospotrebnadzor dated May 20, 2005 No. 402 “On personal medical records and sanitary passports”;
Letter of the Department of State Sanitary and Epidemiological Surveillance of the Ministry of Health of Russia dated 08/07/00 No. 1100/2196-0-117 “On the direction of the list of professions”;
Labor Code of the Russian Federation (Chapter 34).

It is in them that you can find answers to questions about whether a salesperson and an accountant, a driver and a security guard, a beauty salon administrator or a manicurist, a cleaner and firemen need a medical book (sanknizhka) when finding employment in schools. The letter of the Department of State Sanitary and Epidemiological Surveillance of the Ministry of Health of Russia dated 08/07/00 No. 1100/2196-0-117 “On the direction of the list of professions” includes a list of works for which a person must confirm the absence of certain contraindications. In addition, the order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011 No. 302n indicates the frequency with which each category of workers should undergo regular medical examinations in order to be allowed to perform professional duties.

All those workers whose areas of activity are not listed in this list can work without a medical book. By law, they are not required to monitor their health status and undergo preliminary and regular medical examinations. The volitional behavior of the employer in determining which employees need a medical book and which do not can be classified as unauthorized.

At whose expense is the medical book issued - who should buy it

Article 213 of the Labor Code of the Russian Federation establishes the employer’s obligation to pay for medical examinations for its employees, including medical examinations upon hiring. However, the standards of this article are quite vague in relation only to candidates for the position, since they are not yet in the state at the time of passing the medical examination. Therefore, it is not always possible to receive compensation for the cost of obtaining a medical book even after employment.

Judicial practice on this issue is also ambiguous. In general, in order to confirm the obligation to pay for the employer’s medical record, an employee who disagrees with his actions must have a sufficiently large evidence base. In this case, the employer’s guilt will be recognized only if:

The medical examination was carried out at the direction of the employer. Considering that the applicant is not an employee of the enterprise, the employer may simply not have the right to issue him a referral for a medical examination, or refuse to do this without any consequences, since he does not have any obligations towards the person with whom the employment record has not been formalized. relationships.
The employee did not have the opportunity to undergo a medical examination for free. In government institutions at the applicant’s place of residence, he has the right to undergo a medical examination free of charge, but only if he is attached to a specific hospital or clinic. In other institutions, both public and private, you will have to pay for a medical examination. Moreover, if the employee had the opportunity to undergo this procedure for free, the court may refuse to satisfy claims against the employer.
The medical examination was carried out in accordance with the regulations of the enterprise. In particular, an enterprise has the right to enter into agreements with individual medical institutions to conduct medical examinations of employees and applicants at the expense of the organization itself. If the applicant applied for a medical record at another institution, the employer will have the right to refuse to compensate for the expenses actually incurred by the applicant.

Who is required by law to have a medical record?

In this part of our article, we will look at which contingent of workers needs to receive a health certificate. So, below is an approximate list of areas of work that an employee may be allowed to perform after undergoing a medical examination and tests:

Work at food production enterprises, milk distribution points, warehouses and food bases, with direct contact with food products during their production, storage, sales, transportation, incl. work on sanitation and repair of equipment and inventory;
Work in all trade organizations, including the sale of industrial goods for children and perfumes and cosmetics;
Work in the catering sector, including fast food chains (KFC, McDonalds, etc.), canteens, buffets, kiosks and catering units;
Work related to milk processing and production of dairy products;
Work carried out by medical staff in medical institutions, as well as in maternity hospitals/departments, children's clinics/hospitals/departments, neonatal pathology departments, departments for premature babies;
Work carried out in educational organizations of all types and types, as well as in children's organizations that do not carry out educational activities (sports sections, creative and leisure children's centers, etc.);
Work in children's and adolescent seasonal health institutions;
Work in preschool educational organizations, children's homes, organizations for orphans and children left without parental care (persons in their place), boarding schools, health educational organizations, including sanatorium type, children's sanatoriums, year-round holiday camps, and also social shelters and nursing homes;
Work in hotels, hostels, passenger carriages, airplanes, as well as conductors of river and sea transport;
Work in organizations providing public utility and sanitary services to the population;
Work in swimming pools and spas;
Work related to the production, packaging and sale of medicines, as well as in medical industry organizations and pharmacy chains;
Work on water supply facilities related to water treatment and maintenance of water supply networks;
Work in the structure of multi-level network marketing;
Work carried out by foreign workers in organizations and institutions whose employees are subject to professional hygienic certification and training;
Before and during training at enterprises, institutions and organizations whose employees are subject to medical examinations (examinations).

It should be understood that this list is actually somewhat broader, because in each region of the Russian Federation there are local documents of local authorities, based on which confirmation of the health status of a certain number of employees may be required. If an applicant for a vacancy has doubts, it is recommended to check with the employer whether a medical book (medical book) is needed to perform professional duties.

What is the document

So that infectious diseases do not spread further and citizens can monitor their health status while working in relevant positions. The frequency of the latter is established at the legislative level.

Information that the medical examination has been completed is indicated in the health record. The permanent storage of the document is in the hands of a person who has passed a medical examination. But there are cases where managers take the books and give them out only for a short time.

If the document is drawn up in accordance with established standards, then it must be registered in the Rospotrebnadzor register. The availability and accuracy of the document can be checked on the hygiene center website.

It is unacceptable to falsify a health certificate, it threatens the following:

arrest for up to six months;
forced labor or restriction of freedom;
up to two years restriction of freedom.

When a fake book is used, the citizen is threatened with:

Imposition of penalties in the amount of 80,000 rubles or average income for six months.
Carrying out forced labor for two years.
Arrest for six months.
Mandatory work for 480 hours.

Which sellers need a health certificate?

Do sellers need a health certificate? Based on the above list, then yes, it is needed. But this profession has an extensive professional typology, in connection with which another question may arise: what kind of goods do sellers need a health certificate for? For example, will a seller of non-food products in the clothing or stationery department need a medical book? We will now try to answer these questions.

The sales profession is a massive one in the labor market all over the world. Directly in Russia, the profession of a salesperson, as well as a driver, is one of the most in demand. It is widespread in both consumer services and commerce. Depending on their job responsibilities, trade workers can be identified as a sales assistant, a sales cashier, a merchandiser or a logistics salesperson. And what does the law tell us about the need to obtain a medical book for such sellers? According to the requirements of Art. 34 Federal Law No. 52 “On the sanitary and epidemiological welfare of the population” dated March 30, 1999, the Labor Code of the Russian Federation and SanPiN, each seller needs to issue a medical book, the difference will only be in the different scope of the examination.

How much will you have to pay

This is a violation of Article 6.3 of the Code of Administrative Offenses of the Russian Federation. Company fines for lack of medical books range from 10,000 to 20,000 rubles, for individual entrepreneurs - from 500 to 1,000 rubles. Also, activities may be suspended until the violations are eliminated, but for no more than 90 days.

If the inspector qualifies the situation under Article 14.4 of the Code of Administrative Offenses of the Russian Federation, the individual entrepreneur will pay another 10,000–20,000 rubles, and the legal entity - 20,000–30,000. What fine will be imposed for the lack of a medical book depends on the opinion of the inspector: whether the official considers this violation a threat epidemiological well-being, for the provision of services of inadequate quality, or for both.

Who needs the health minimum in the health book and where to get it?

In order for the LMC to be formalized in accordance with all the requirements of the legislative framework of the Russian Federation, it contains not only information about the medical examination, but also about the employee’s completion of a sanitary or sanitary-hygienic minimum course. This is a mandatory set of training and certification measures established by law that must be completed before carrying out certain types of work. The list of areas of work that an employee can be allowed to perform after undergoing training and certification completely coincides with what requires a medical examination and testing. It is important that different categories of the organization’s personnel undergo this procedure – from ordinary personnel to managers. After the certified person has successfully completed the task, a stamp is placed in his medical record book confirming this. Then a holographic indicator is pasted into the corresponding column of the health book.

Hygienic preparation is carried out on the basis of a plan and, as a rule, is carried out no more than once every 2 years. But exceptions for workers in meat, dairy and cream production, as well as those involved in the storage, transportation and sale of these products - once a year.

The sanitary and hygienic minimum can be completed at the Center for Hygiene and Epidemiology and its branches for a fee. The costs of completing this test are borne by the employer.

The procedure for filling out a medical book

After the employee submits documents for a medical examination, he should provide the doctor assigned to him, and most often at the reception, a medical record form, as well as his own 3x4 photograph. Hospital workers do not have the right to refuse to accept a medical record form if it fully complies with legal requirements. The applicant will only need to put his signature on the document.

Direct notes on completed medical examinations and tests, as well as examination results and various medical data on the employee’s diseases are noted exclusively by hospital employees. Neither the employee himself nor his employer has the right to make any other notes or designations in the medical book. Otherwise, the medical record may be considered damaged.

The medical record can be stored at the enterprise by the employee responsible for storing this document. Most often, this responsibility is assigned to an occupational safety specialist or simply the person responsible for occupational safety at the enterprise. However, the legislation does not impose any obligation on employers to ensure the storage of medical records. That is, it is not prohibited to leave a medical record in the employee’s custody. Employers prefer to have access to employees’ medical records only because it greatly simplifies the provision of the necessary information to inspection authorities.

Appearance of the sanitary book

Special Order No. 402 stipulates its form. Before you receive a book, you need to know what it looks like:

It should have many pages;
A photo of the owner is glued to the second page, a hologram is placed, the signature of the owner of the book and the seal of the medical institution;
On the third page you need to fill out all the lines by entering the owner’s information;
Next, the infectious diseases suffered and the results of each necessary examination are listed;
The general conclusion of the doctor should be indicated as to whether the person can begin this type of work;
The last page contains information about the rights of the owner of the book.