Legal norms
The need to conduct mandatory psychiatric examinations of workers is not a whim of enterprise managers, but a requirement of the law.
What legal provisions are responsible for this issue:
Who sends for examination
People may be sent for a psychological examination voluntarily or compulsorily.
A person is forcibly tested for a mental disorder in the following cases:
- when he is dangerous to himself or others;
- if he is unable to take care of himself;
- if without psychiatric help his health is at risk.
The decision on a compulsory examination is made by a psychiatrist independently, on the basis of an application from relatives, officials, ordinary citizens or by a court decision.
On a voluntary basis, a person undergoes examination:
- when applying for a job, where such an inspection is a legal requirement;
- in the course of work in positions and in circumstances where such inspection is a legal requirement.
The employer issues a referral for voluntary examination.
Rules for passing a medical examination
The employer chooses in which institution its employees will be examined for the absence of psychiatric contraindications, and enters into an agreement with this institution. The examination, regardless of its result, is paid for by the employer.
The procedure is carried out only voluntarily! If an employee refuses to undergo it, no one has the right to force him. But there is a nuance: in this case, the employer suspends the employee from work until he undergoes the procedure of his own free will.
When applying for a job, the procedure is carried out before a mandatory medical examination.
How does the procedure work?
Obligatory psycho. the examination is carried out by a medical commission created on the basis of a medical organization licensed to provide such a service. The commission includes at least three psychiatrists.
To go through the procedure, the employee presents two documents to the commission:
- referral from the employer;
- passport or other identification document.
Direction form:
During the examination, they must undergo not only a psychiatrist, but also electroencephalography (EEG). The EEG procedure allows us to identify epilepsy, disorders of the brain, sensitivity to increased background noise, and the ability of the brain to adapt to various conditions.
During the examination, they find out whether the person has problems that are unacceptable in his position:
- involuntary convulsions, epileptic attacks, nervous tics;
- outbursts of anger, tendency to violence;
- chronic fatigue syndrome;
- high excitability, dependence on emotions.
After the examination, the medical commission, within 20 days, issues a conclusion on the suitability or unsuitability of the employee for the activities specified in the direction from the employer. The result is given to the employee and a second copy is given to the employer.
Commission decision form:
Who is required to undergo the procedure
The list of employees who are required to undergo the procedure is indicated in Russian Government Decree No. 377 of 04/28/1993.
Here is who undergoes a psychiatric examination of workers (the list of professions specified in the resolution):
- employees of any child care institutions;
- pool workers, swimming instructors, coaches;
- health workers of maternity hospitals, children's hospitals, surgical hospitals;
- service workers in the field of sanitation and hygiene (hairdressers, cosmetologists, manicurists and pedicurists, dry cleaners, laundries, bath attendants);
- service personnel in hostels and hotels;
- workers of livestock farms and complexes;
- water supply workers;
- employees working with food products at the stages of their sale, storage, production;
- working with harmful and dangerous substances;
- workers in industries with unfavorable factors (physical overload, noise, vibration, high atmospheric pressure, high or low temperature, high eye strain);
- employees working in high-risk environments (high-altitude, underground work, maintenance of boiler rooms, power plants, security guards, lathe operators, milling operators, machinists and drivers).
How often is the procedure performed?
The procedure must be completed before employment for employees of the professions specified in the list of government decree. In the future, a psychiatric examination of employees is carried out every 5 years (if mental or behavioral disorders are noticed, they have the right to send them to a medical commission ahead of schedule).
What does the employer face for an uncertified employee?
If an employer allows an uncertified employee (who is required to undergo the procedure) to work, he will be fined.
What fines does an organization face for such a violation:
- from 110,000 to 130,000 rubles - from the organization;
- from 15,000 to 25,000 rubles - from the manager (entrepreneur).
A fine is paid for each employee who does not complete the procedure.
Concept and purpose of the event
The mandatory nature of undergoing a psychiatric examination for certain categories of workers is established by Part 6 of Art. 213 Labor Code of the Russian Federation. A specific list of these workers is given in Decree of the Government of the Russian Federation dated April 28, 1993 No. 377.
A psychiatric assessment is a procedure that tests the mental health and emotional stability of employees or candidates for certain positions.
This procedure differs significantly from a regular medical examination when applying for a job, in particular in the following points:
- The examination is carried out by a medical psychiatric commission created on the basis of a state or municipal medical organization. An organization of any form of ownership has the right to conduct a medical examination.
- The documentary basis for the procedure is a resolution of the Government of the Russian Federation. For medical examinations, the main document is the order of the Ministry of Health and Social Development.
- As a result of the examination, the employee receives a document confirming the presence or absence of psychiatric contraindications for work. As a result of the medical examination, possible medical contraindications are identified.
The main purpose of a psychiatric examination is to identify existing mental disorders in an employee or applicant and to establish a connection between these disorders and the ability to successfully and safely perform certain types of activities.
The decision on this is made by a specially created commission.
Psychiatric examination under order 377
Order of the Ministry of Health on psychiatric examination No. 377 contains a list of professions that require regular psychiatric examinations of workers. It presents two large tables: one lists occupational hazards, the other - individual types of professional activities. The regularity of examinations by psychiatrists is prescribed - the employee must undergo them once every five years.
Many professions are associated with increased risks, both for the employee himself and for the people around him. The employer by law cannot allow people with mental disabilities to perform these types of work.
A psychiatric examination is not the same as a medical examination, and it is not part of it. This is a separate procedure.
ProfMedLab is a clinic that is authorized to conduct psychiatric examinations on the basis of license LO-77-01-017869 dated 04/12/2019. and an official letter from the Ministry of Health of the Russian Federation.
Which employees need a psychiatric evaluation?
Order No. 377 on psychiatric examination of workers presents a long list of harmful factors:
- First of all, this is contact with various chemicals, there are several dozen of them listed. For example, here are listed: arsenic, mercury, hydrogen sulfide, metals, benzene, phenols, formaldehyde, organic solvents, etc.
- People who work with drugs and psychotropic drugs, other pharmacological drugs, antibiotics, biostimulants, allergens, blood products, immunobiological and enzyme preparations must be mentally healthy.
- People dealing with material contaminated with infections, helminths, pathogens of Q fever, brucellosis.
- Working with aerosols, contact with dust of inorganic, plant and animal origin.
- Contact with radioactive substances, exposure to ionizing radiation, lasers, electromagnetic fields.
- Impact of physical factors: noise, vibration, low and high temperatures, increased atmospheric pressure.
- High physical activity, work associated with eye strain.
How to undergo a pre-employment medical examination and where to get a referral
- the job description will be carried out in full;
- healthy personnel means opportunities for professional growth, mastery of related specialties and stable implementation of the company’s concept;
- good health will ensure the operation of the enterprise without disruptions and rush jobs.
- passport (the presence of which makes it clear that only you are the right holder to receive a certificate);
- a receipt stating that the medical examination services have been paid for;
- pension certificate;
- medical policy.
Sample referral for psychiatric examination
In our country there are many professions associated with dangerous and harmful factors. The responsibility for sending employees for a medical psychiatric examination lies with the employer.
Moreover, the employer cannot send an employee for a psychiatric examination if his profession is not on the list of professions subject to mandatory psychiatric examination. This list is approved by law.
The procedure for conducting the examination
Workers working in professions approved in the list are required to undergo a psychiatric examination every five years. The examination is carried out on the basis of a referral issued by the employer.
In order to conduct an examination, a medical commission is created at the level of the health department, which includes psychiatrists. The procedure and terms of work of such a commission are clearly regulated by Government Resolution.
An employee sent for examination must provide the following documents to the commission:
- Referral issued by the employer;
- Identity document.
Based on these documents, the commission conducts an inspection within 20 days. Moreover, if necessary, the commission has the right to request additional documents from the medical institutions where the employee was examined.
- In this case, the period for conducting the examination may be extended by another 10 days.
- The commission's conclusion is issued to the employee and sent to the employer no later than three days from the date of the decision.
- Referral form for psychiatric examination, sample completion
- A referral for a psychiatric examination is written on the official letterhead of the organization issuing such a referral, with the obligatory indication of the following points:
- Last name, first name, patronymic and year of birth of the employee sent for inspection;
- Address at place of registration;
- Position held (profession) indicating the duties performed;
- The text of the referral must indicate the regulatory documents regulating the examination;
- The direction is endorsed by the head of the personnel service or the person responsible for conducting personnel records. If such a position does not exist, the director can also sign the direction.
- The referral is certified by the seal of the organization.
Employers should not neglect the obligation to conduct a timely psychiatric examination, because this may result in serious liability.
Below is a standard referral for a psychiatric examination, a sample and form of which can be downloaded for free.
Referral form to a psychiatrist from the employer
The basis for undergoing a mandatory or periodic medical examination is, in addition to the regulations of the Labor Legislation, a referral issued at the place of official employment. With this document, the individual is sent to a clinic or other medical institution with which the employer previously concluded a corresponding agreement.
Samples of referrals for preliminary and periodic medical examinations: The referral form should be filled in: the name of the employer’s company, its basic details; information about the medical institution where the employee will be examined by medical specialists, including the name of the OGRN, location; type of inspection - primary or periodic, the first is carried out when hiring a new person, the second - for an already working person; Full name of the person in respect of whom an examination is required (initial or periodic), his date of birth; the person’s place of work and position; Harmful or dangerous influencing factors should be indicated in detail and divided into separate categories.
Certificates from a narcologist and psychiatrist: validity period, conditions for obtaining and issuing
To obtain a visa to any country, a certificate is issued indicating: “at the place of request.” The registration procedure can last a month. You should also take into account the fact that this certificate should be provided to the consulate of a certain country no later than 14-30 days before departure. However, documents are not returned to their owners, including medical certificates. The validity period of a certificate from a narcologist and psychiatrist is one year from the date of its issue.
Increasingly stringent requirements are being imposed when issuing various IDs and certificates. It is often necessary to provide a certificate from a psychiatrist, as well as a narcologist, stating that the person is not registered with these specialists at the dispensary. And the examination is not complicated, but it still requires some time to visit special medical institutions and conduct an examination.
