Sample of filling out the driver's pre-trip medical examination log

How to organize a pre-trip medical examination for drivers

In addition to Federal Law N 196-FZ, there are three by-laws regulating pre-trip medical examinations of drivers in 2020:

• Order of the Ministry of Health dated December 15, 2014 No. 835n,
• the older, still Soviet order of the USSR Ministry of Health dated September 29, 1989 No. 555, contains the recommended form for registering the pre-trip medical examination of drivers
• letter of the Ministry of Health dated August 21, 2003 No. 2510/9468-03-32, which contains the requirement that each employer, before starting pre-trip medical examinations of drivers, must approve an internal local legal act: regulations on the organization of relevant examinations. This standard form is contained in Appendix No. 2 to the specified letter from the Ministry of Health.

New! The Ministry of Transport of Russia issued Letter No. D3-531-PG dated April 8, 2019, in which it clarified the procedure for passing medical examinations for drivers, determined by Order 835n. In particular, it reminds you 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.

How is the procedure for passing the Moscow Region established?

At enterprises and organizations, each manager establishes his own procedure for passing a medical examination of drivers. But the structure should be adhered to:

1. Prepare a draft regulation on the passage of the MO. This assignment is given to the human resources department or occupational safety specialists. When preparing, you should use regulatory documents.
2. After preparing the draft regulations, the document is studied by the chief engineer and lawyer. If there are no comments, it is sent for approval. If there are shortcomings, they are eliminated along the way.
3. The document is agreed upon by all interested parties and signed by the head of the organization.
4. All employees are familiarized with the approved document. To avoid any omissions, it is necessary to prepare a list in which each employee will sign and put a date next to the signature.
5. The document is used in the preparation and conduct of training exercises. This is convenient for the employer, since there is always a reason to ask subordinates about the correctness of the work done.

Pre-trip and other medical examinations of drivers are described in this video:

New in legislation

On December 21, 2021, Order of the Ministry of Transport of Russia dated August 8, 2018 N 296 came into force. Let’s consider the innovations of 2020. According to the new order, pre-trip control will need to be carried out before the start of the flight 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 will need to be carried out before the start of the shift if the driver makes several trips per 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 examinations by a medical professional. At the same time, pre-trip medical examinations are mandatory for all employees driving. The exception is drivers of emergency vehicles (fire, ambulance, gas or water emergency). Such employees must necessarily see a doctor only before the start of their shift, because their departure for flights is unplanned. But after returning from a flight, a doctor must examine the driver who transported passengers or dangerous goods. All other drivers may not show up to the doctor after finishing work.

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Paperwork

The first page of the standard provision looks like this:

In this document, the employer must regulate the organization of pre-trip medical examinations of its employees, in particular:

• indicate the content of medical examinations;
• determine the implementation of individual procedures as part of the medical examination;
• determine the conditions for the procedure;
• establish criteria for allowing drivers to work after passing a medical examination;
• determine the responsibilities of medical institutions with which an agreement has been concluded or establish the need to hire a full-time health worker.

IMPORTANT!

Note! Drivers are required to carry waybills with them. And according to paragraphs. 2 clause 7 of the Order of the Ministry of Transport of Russia dated September 18, 2008 N 152 (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.

Who has the right to conduct 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. So, you can only trust 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.

In addition, if we are talking about a full-time medical worker, then on the basis of Article 12 of the Federal Law of May 4, 2011 N 99-FZ, 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. Most often, organizations and individual entrepreneurs simply enter into an agreement for the provision of such services with those organizations that already have a license. This point must be carefully checked before concluding a contract. By the way, all costs for these activities are borne exclusively 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.

Why is it necessary?

The medical examination, which is carried out before departure on a flight, must be carried out in accordance with the Law “On Road Traffic Safety” 196-FZ.

Its norms must be observed by both legal entities and entrepreneurs who conduct activities related to the operation of vehicles.

The employer must organize a medical examination before the start of the working period, since it is necessary to determine whether the body is affected by harmful conditions, alcohol, drugs or a hangover.

The condition of the disease also requires identification, since if the condition worsens, irreparable consequences can occur.

The obligation to conduct a medical examination does not depend on the activities of the company or individual entrepreneur, nor on the number of employees on staff.

Even if the work is carried out by the entrepreneur himself or there is only one hired employee, then care should be taken in advance about the availability of a health worker, but this only applies to commercial transportation.

The medical examination procedure is regulated by orders of the Ministry of Health, and one of them, numbered 2510/9468-03-32, states that every employer must ensure that the regulations on medical examinations are approved.

Exceptions to the mandatory rules, which stipulate the need for inspection before and after a shift or flight, are in the form of drivers of emergency vehicles.

Employees of such organizations must see a doctor only before the start of their shift, since the flight is unscheduled.

But upon returning from it, doctors must examine drivers who transported dangerous goods or passengers, while others may not come for a post-examination.

In the regulations that are approved within the organization, management must regulate the organization of pre-trip medical examinations of employees, it is necessary to indicate:

• content of medical examinations;
• certain procedures during the examination;
• the conditions under which the events are held;
• admission criteria that may affect the driver’s involvement in work after a medical examination;
• responsibilities of medical institutions that provide employees under contracts, or it is necessary to indicate the need to hire a full-time physician with appropriate education.

Medical examination log

Paragraph 14 of the Procedure, approved by Order No. 835n, states that the organization or individual entrepreneur must enter all the results of examinations in a special journal for recording pre-trip medical examinations. The following information must be provided about each driver:

• 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.

You can keep such a journal on paper. There is a standard form recommended for use. It is contained in the annex to the order of the USSR Ministry of Health dated September 29, 1989 No. 555. The employer can also develop it independently. In any case, the pages of the medical examination journal must be laced, numbered and sealed at the back with the seal of the organization. In addition, the journal can be kept electronically. In this case, it should be possible to print individual pages, and the information entered in the journal should be certified by 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.

On a paper form, a sample log of pre-trip medical examination of drivers - 2021 will look like this:

Based on the data in this document, once a month the authorized employee must summarize the results of control and analyze the reasons for the removal of drivers from work. The results of such analysis must be communicated to the director. At the same time, both the health worker himself and the manager should pay special attention to cases of suspension from work due to the use of alcohol and drugs.

Basic content requirements

Specific features of the content of the medical examination journal are specified in the Procedure, which was introduced by Order of the Ministry of Health 835n.

There is information there that an organization or entrepreneur is required to enter the results into a special registration log of pre-trip inspections.

And it should contain the following information:

• about the date and exact time of the control;
• personal data of the driver, such as full name, gender and date of birth;
• the results that were demonstrated by the examination;
• conclusion of a specialist - whether the driver can or cannot begin to perform official duties;
• signature of a specialist with a transcript in the form of surname and initials;
• autograph of the employee who passed the control.

Maintaining such an internal document can be done using paper, because there is a form that is recommended for use and compiles mandatory reporting.

It can be found in order of the USSR Ministry of Health No. 555. But it is not forbidden for an employer to develop forms for magazines on their own, although general requirements must be observed.

So, the pages must be stitched, serial numbers must be placed, and the organization’s seal must be placed on the back.

For convenience, it is quite possible to create a journal in electronic format, although you need to consider the possibility of printing each page, and the doctor should have an enhanced qualified electronic signature, but you can also use the same signature of the organization.

With the paper version, the differences are insignificant, because the only thing missing is a place for the driver to sign the test.

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. The pre-trip medical examination takes place as follows.

1. Visual examination of the employee: gait, appearance, behavior.
2. Health survey.
3. Medical examination of visible mucous membranes and skin (presence of scratching, injection marks on the hands, pallor or redness of the skin, condition of the pupils (narrowed or dilated)).
4. Measurement of blood pressure and pulse (if a deviation from the norm is detected, a repeat test should be carried out no less than 20 minutes later).
5. Identification of signs of intoxication (alcohol, drugs or other toxic) or residual effects of intoxication.

For the last stage of the medical examination, laboratory and instrumental studies may be 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 admission is obtained, then the waybill must be stamped “Passed a pre-trip medical examination” or a handwritten note 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.

In what cases is permission to work prohibited and what are the consequences of this?

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, such an employee must be issued a certificate to present to the clinic at the place of residence. Such an employee does not go on a flight. The certificate must indicate:

• 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.

Such certificates are subject to mandatory registration. 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 specified in the order must be familiarized with it against his signature. If you refuse to sign, a corresponding act is drawn up. Until the circumstances that caused the driver’s condition are established (if he is guilty), he will not be paid any wages.

The driver himself must come to the clinic and present a certificate. The doctor examines him, may issue a sick leave certificate and release him from work for the duration of his illness, or make a note that there are no grounds for issuing sick leave. In this case, the employee must start work the next day. If in reality 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.

Shelf life

Accounting books must be kept in the archives of the organization for 10 years. During the inspection, the inspector may ask for old data. According to the regulations, they must be provided for review. In addition, based on many years of observations, it is possible to create a complete picture of the situation at the enterprise.

How long to store

All empty lines must be filled in; until then, the briefing log is kept. On the front side, the start and end dates of the document are noted. Although the regulations do not stipulate anything about storage, you do not need to immediately destroy the magazine.

It must be stored at the enterprise for 5 years from the date of completion of maintenance; if there are grounds for storage longer than this period, then this will not constitute a violation. The recorded information is relevant during the work shift and can also be used for accident investigation purposes.

Responsibility of the employer for releasing a driver onto the line without a medical examination

Allowing drivers to work without conducting a pre-trip or pre-shift medical examination is an administrative offense. Responsibility for such an act is provided for in Part 3 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation. The fine is:

• for officials and individual entrepreneurs - from 15,000 to 25,000 rubles;
• for legal entities - from 110,000 to 130,000 rubles.

For a repeated violation, an official or individual entrepreneur will pay a fine of up to 40,000 rubles, and may also face disqualification for a period of one to three years. The organization will be fined up to 200,000 rubles or its activities will be suspended for up to 90 days. This is discussed in Part 5 of the above-mentioned article.

You can also receive a fine for violating the procedure for conducting mandatory examination of drivers before a trip under Article 11.32 of the Code of Administrative Offenses of the Russian Federation. The fines are:

• for officials - from 2000 to 3000 rubles;
• for legal entities - from 30,000 to 50,000 rubles.

In this article, individual entrepreneurs are treated as legal entities with the appropriate fine amount. In addition, officials who allowed a vehicle to leave with a drunk driver behind the wheel may also be fined under Article 12.32 of the Code of Administrative Offenses of the Russian Federation. The fine will be up to 20,000 rubles. Organizations and individual entrepreneurs may be similarly punished. They will be fined 100,000 rubles.