Medical examination when hiring a driver.
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In cases provided for by the Labor Code of the Russian Federation and other federal laws, the employer must organize, at its own expense, a mandatory preliminary (upon employment) medical examination of certain categories of persons. This follows from Art. 69, para. 12 hours 2 tbsp. 212 Labor Code of the Russian Federation. Such persons include, in particular: - persons entering work under harmful and (or) dangerous working conditions (Article 69, Part 1 of Article 213, Part 1 of Article 330.3 of the Labor Code of the Russian Federation); - persons entering work directly related to the movement of vehicles. This follows from Part 1 of Art. 213, part 2 art. 328 Labor Code of the Russian Federation. That is, a person hired as a car driver is subject to a preliminary medical examination. This conclusion follows from Art. 69, part 1 art. 213, part 2 art. 328 Labor Code of the Russian Federation, para. 1 clause 3 art. 23 Law No. 196-FZ; It must be remembered that the medical commission for the right to drive a vehicle has a different legal status and does not replace the conclusion of the medical commission for employment, since the medical commission for the right to drive a vehicle is carried out for medical ensuring road safety. To determine which jobs require preliminary medical examinations when hiring, you should be guided, first of all, by the driver’s workplace map, where all the harmful factors in a specific workplace (specific car) should be indicated, and then be guided by the List of harmful and (or) dangerous production factors, in the presence of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the List of works, during the performance of which mandatory preliminary and periodic medical examinations (examinations) of workers are carried out, approved by Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n in accordance with Part 4 tbsp. 213 Labor Code of the Russian Federation. As for the driver card for the tachograph, here I am of the following opinion (I did not find any judicial practice): The driver card is part of the tachograph. And equipping a car with a tachograph is the direct responsibility of all employers who transport passengers and goods. These are the requirements of paragraph 1 of Art. 20 of the Law of December 10, 1995 N 196-FZ. Accordingly, the employer is also obliged to issue a driver card for the employee (if he does not have a valid one). That is, all costs associated with purchasing the card are borne by the organization (IP). The tachograph together with the card will be the property of the employer. But the organization does not have the right to shift such costs to the employee. Problems arise due to the fact that the driver card is personalized. That is, only the person for whom it is registered can use it. After dismissal from the organization that issued and issued the driver’s card to him, the card remains valid unless it is damaged or lost. This card is useless for the organization. After all, she will not be able to transfer it to another driver. But a former employee has the right to use an active driver card when applying for a job with a new employer. The employer cannot keep the driver’s card upon his dismissal, otherwise he will deprive him of the opportunity to work in the future. While the card is active, the employee will not be able to receive a new one. And this is a direct violation of his rights. Thus, although the card is the property of the organization, it can only belong to the person in whose name it is issued. And therefore remains with the employee after dismissal. There is no legal requirement to return it to the employer. But this fact is not a reason to withhold the cost of the card from the salary of the dismissed person. Deduction can be made at the initiative of the employer only in certain cases. But the case with driver’s cards does not apply to this (Articles 137, 238, 240 of the Labor Code of the Russian Federation).
Features of an employment contract with a driver
Conclude an employment contract according to the same rules as usual, namely, include information, in particular, about the place of work, wages, working conditions in the workplace, the condition of compulsory social insurance and other information and conditions specified in Part 1, 2 tbsp. 57 Labor Code of the Russian Federation.
Wherein:
- describe the job function as follows: “car driver”;
- as the nature of the work, indicate the traveling nature of the work or work on the road (Part 2 of Article 57 of the Labor Code of the Russian Federation).
You can also . This is a 2021 sample.
Medical examination of drivers in 2021
Topics: Personnel Medical examinationBusiness organization
Current legislation requires employers to mandatory conduct a medical examination of drivers in 2021. In this case, the procedure may vary greatly depending on specific working conditions, which should be kept in mind by both employees and employers themselves. Whether there are new laws on medical examination of drivers, how the medical examination is carried out - pre-trip and post-trip, and other nuances must be known to the employer, because violation of established standards can entail prosecution and the payment of very significant fines.
Medical examination for drivers in 2021 - what is required
Given the increased danger of road transport, special legal regulation measures are applied to its drivers - in general civil law this is expressed in the need to obtain a driver’s license, which requires the provision of a medical certificate. However, regular work activity associated with driving vehicles is a source of even greater potential danger - in connection with this, additional restrictions and standards are established by law for such workers. In particular, such labor and social safety measures include medical examinations of drivers.
The legal regulation of medical examination of drivers is enshrined in the provisions of Article 213 of the Labor Code, as well as in the provisions of Article 328 of the Labor Code of the Russian Federation. However, this regulation contains only general principles for the medical examination of drivers in 2021. The issue under consideration is most fully disclosed by the provisions of Order of the Ministry of Health No. 835n dated December 15, 2014, as well as Federal Law No. 196 dated December 10, 1995. In accordance with the standards of these documents, types of medical examinations of drivers can be divided into the following categories:
- Medical examination upon hiring a driver. Drivers of all vehicles without exception hired for a position related to the direct control of traffic must undergo an initial or preliminary medical examination.
- Periodic medical examinations of drivers. In addition to a medical examination upon employment, drivers are also required to undergo regular periodic medical examinations at least once every two years.
- Extraordinary medical examinations. In some situations, drivers may be sent for an extraordinary medical examination - and this referral can either be issued by the employer, or the employee himself can go for it on his own initiative.
- Pre-trip medical examinations. Drivers working on a daily basis are required, in accordance with the provisions of current legislation, to undergo pre-trip medical examinations before each departure.
- Post-trip medical examinations. For some categories of drivers, not only pre-trip, but also post-trip medical examinations may be applied.
An employer has no right to allow a driver to work who has not passed a medical examination. Moreover, if failure to undergo a medical examination was not due to the fault of the employer, then the employee’s wages are not accrued for the period before passing the medical examination. If a driver is allowed to work without passing the required medical examination, this may entail bringing the perpetrators to administrative liability under Article 11.32 of the Code of Administrative Offenses of the Russian Federation, or, in some cases, under Articles 5.27 of the Code of Administrative Offenses of the Russian Federation and 12.32 of the Code of Administrative Offenses of the Russian Federation.
Driving license certificate: price
According to the legislation of the Russian Federation, the cost of a medical examination to obtain a driver's license must be reimbursed by the owner of the vehicle. Therefore, a medical report for a driver’s license cannot be free.
A certificate for a driver's license at a clinic will cost you approximately 3,000-5,000 rubles. Such a high price is due to the fact that you will have to pay each doctor separately. It's not very convenient and expensive. If you want to save money on obtaining a certificate for a driver’s license, use the services of the medical examination “Certificates-All”. We guarantee:
- passing doctors in 30-40 minutes;
- absence of excessive demands;
- friendly and sensitive attitude of the staff;
- fast and high-quality medical services;
- reasonable prices.
“Certificate-Everything” is one of the licensed clinics in the capital, where it will not be difficult for anyone to obtain a certificate for a driver’s license. Sign up for a medical examination and don't forget to take your passport. Within half an hour you will receive a completed medical report with all the signatures and the clinic’s seal.
Medical examination of the driver upon hiring and periodic medical examinations
When hiring a driver, regardless of whether he has a medical certificate obtained for a driver’s license, he is required to undergo a medical examination. Russian legislation requires drivers to be examined by the following doctors:
- Therapist.
- Ophthalmologist.
- Expert in narcology.
- Psychotherapist.
- Neurologist and otolaryngologist - for drivers of categories C, D and T, or upon referral from a general practitioner.
Mandatory examinations are only an EEG as prescribed by a neurologist, as well as a urine test as directed by a narcologist.
The frequency of medical examinations for drivers is 2 years.
Medical examination for a new type of driving license from the State Traffic Safety Inspectorate
- If a medical certificate was obtained illegally, then a fine of 2 to 5 thousand rubles is imposed on the medical worker who committed such an offense. institutions.
- If it turns out that the document contains false information, then the driver can be charged from 30 to 50 thousand rubles.
- Make a visit to the nearest medical center where the first examination will be carried out. It is at this time that a medical record will be drawn up, with which you will then have to go to the doctors.
- After going to honey Your data will be entered on the card, and in addition, a complete list of those specialists and procedures that will need to be completed (i.e. it will be issued) - you need to visit those specialists indicated in this card who work in this institution. Each of them makes an entry upon completion in the form corresponding to his activity.
- The number of examinations depends on whether you will open a certificate for several categories at once - that is, you need to inform about such a desire at the very beginning. For example, if over the next 12 months you need to open a new category, then it is better to immediately obtain a driver’s license for it. Otherwise, you will have to go through these specialists again. So, make your choice.
- Next, visits to dispensaries (narcological and psychoneurological) are required. In psychoneurological, a visit to a psychiatrist will be required, in narcological treatment, a visit to a narcologist. After examination, each of them fills out the field provided for this in the medical field. map.
- And finally, pay a visit again to the institution where you were issued the medical card form. If everything is fine, the therapist will issue a certificate for you, which must be submitted to the traffic police.
We recommend reading: Nyagan List of Demolition of Unsafe Houses 2020
Post-trip and pre-trip medical examinations of drivers in 2021 - procedure and standards
The procedure for conducting a pre-trip medical examination requires that each driver of the enterprise undergo a mandatory medical examination before starting the working day and directly driving a vehicle to perform official duties. Such an examination can be carried out both in a medical institution and on the territory of the employer, and it is possible to carry out the examination either by a full-time medical worker or by an invited one - it is only necessary that the appropriate place, instruments, and also the presence of a certificate confirming the authority and doctor's qualifications.
The pre-trip medical examination itself is a simplified procedure that can be carried out by one medical professional and serves to prevent various negative effects on the driver’s body that can negatively affect the ability to drive a vehicle. The procedure for conducting a medical examination is as follows:
Consideration of complaints about ailments and health status of the subject. The doctor is obliged to listen to the driver if he has any comments regarding his health or illness.- Carrying out visual inspection and basic measurements. The doctor must examine the driver for injuries or other damage that impede the performance of work duties, and also measure the driver’s pulse, blood pressure and body temperature.
- Test for intoxication. The doctor must also check for signs of intoxication of an alcohol, drug or other nature in the driver, for which special devices are used.
- Entering inspection results into documentation. Information about the driver undergoing a medical examination before the trip is entered into the waybill and into the medical examination log at the enterprise.
Emergency drivers can work if necessary without a pre-trip medical examination. Post-trip medical examination of drivers should not be mandatory for all categories of drivers. This procedure is mandatory only for persons engaged in the transportation of passengers or especially dangerous goods. At the same time, the general procedure for conducting such inspections does not differ from pre-trip inspections, with the exception of the absence of the need to record the inspection in the employee’s waybill - a note about it is placed only in the journal. Arkhipova Olga Sergeevna
According to the Federal Law “On Road Safety”, Chapter IV. “Basic requirements for ensuring road safety” Article 23. “Medical provision of road safety.”
All driver candidates of any category or subcategory must have a medical certificate for admission to the exam.
And also in connection with the replacement of a driver’s license after its expiration, or in connection with the return of a driver’s license after the expiration of the period of deprivation of the right to drive vehicles in the event that a mandatory medical examination is required in accordance with the legislation of the Russian Federation on administrative offenses, or in connection with the return of a driver’s license after serving a sentence in the form of deprivation of the right to occupy certain positions or engage in certain activities (in case of deprivation of the right to drive vehicles)
Mandatory medical examination is carried out in medical organizations of the state, municipal and private healthcare systems that have a license for medical activities to provide relevant services (perform work).
The validity of the medical certificate is 1 year. The validity period of a driver's license is 10 years, it turns out that if you decide to get a driver's license, for example, to drive a personal car, you need a certificate only once every 10 years, upon receipt and after 10 years for replacement (if you are not deprived).
Order No. 344n of the Ministry of Health. RF (The medical report is drawn up by a general practitioner or general practitioner (family doctor) on the basis of the information specified in paragraph 11 of this Procedure, in the presence of the person being examined and valid for presentation to the units of the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation, which are entrusted with responsibilities for conducting examinations, issuing Russian national and international driving licenses and exchanging foreign national and international driving licenses for Russian national and international driving licenses, within 12 months from the date of issue
For hired drivers, when applying for a job, you are required to present a medical certificate and its validity is 1 year.
3. Mandatory preliminary medical examinations are carried out for persons hired as vehicle drivers.
Art. 328 of the Labor Code of the Russian Federation (Employment of an employee for work directly related to the movement of vehicles is carried out after a mandatory preliminary medical examination in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of health care, and the federal executive body authorities carrying out the functions of developing state policy and legal regulation in the field of transport.)
Mandatory periodic medical examinations are carried out during the entire time a person works as a driver of a vehicle.
Mandatory pre-trip medical examinations are carried out during the entire time a person works as a driver of a vehicle, with the exception of drivers driving vehicles traveling on calls from emergency services.
Mandatory post-trip medical examinations are carried out during the entire time a person works as a driver of a vehicle, if such work involves the transportation of passengers or dangerous goods.
4. The requirement to undergo mandatory medical examinations applies to individual entrepreneurs if they independently drive vehicles engaged in transportation.
5. Mandatory medical examinations specified in paragraph 3 of this article are carried out at the expense of the employer.
A traffic police officer on the road does not have the right to demand a medical certificate from the driver, so there is no need to carry it with you. (Except for cases when the special notes on the driver’s license state “Driving with a medical certificate”).
Is it necessary to require a medical certificate in form No. 003-B/u when hiring a driver?
Answer to the question: In accordance with the Order of the Ministry of Health of Russia dated June 15, 2015 No. 344nAbout conducting a mandatory medical examination of vehicle drivers (candidate vehicle drivers) https://www.1kadry.ru/#/document/99/420284795/ Medical examination carried out to determine the presence (absence) of a vehicle driver (candidate driver of a vehicle) of medical contraindications, medical indications and medical restrictions for driving a vehicle in accordance with the lists of medical contraindications, medical indications and medical restrictions for driving a vehicle, approved by the resolution Government of the Russian Federation dated December 29, 2014 No. 1604
. A medical examination is carried out in relation to: 1) candidates for vehicle drivers; 2) drivers
Lawyer Anisimov Representation and defense in court
. Question At work they require you to show a driver's license. But there is a medical examination!
Why this certificate? Moreover, it is unpaid, since it is not a medical examination, nor are the days of its completion. Answer This certificate is a mandatory document for the driver, which also gives the right to drive a vehicle. In accordance with Art. Contents 23 of Federal Law 10.12.1995 N 196-FZ (as amended on 23.07.2013) “On Road Safety”, driver candidates and drivers are required to undergo a medical examination. Because the law does not indicate otherwise anywhere, then for an already working driver this is nothing more than a periodic medical examination (more information about medical examinations is here).
It is drawn up with a certificate of the established form. BUT! The medical examination is also completed with a medical record or other document from the medical institution - for example, a certificate. The main difference is that this certificate can be used OUTSIDE of labor relations (for example, when replacing a driver’s license) and that its presence does NOT negate the mandatory preliminary medical examination upon hiring and periodic subsequent medical examinations (a requirement of the Labor Code of the Russian Federation).
Driver's certificate for the traffic police, if you work as a driver in a transport company
— when a driver candidate receives a driver’s license for the first time (clause 1, article 25 of Law N 196-FZ; clauses 10, 16 of the Rules for passing qualification exams and issuing driver’s licenses, approved by Decree of the Government of the Russian Federation of December 15, 1999 N 1396, hereinafter referred to as the Rules);
Thus, from the above norms it follows that mandatory medical examination and re-examination of driver candidates and vehicle drivers is an independent legal procedure necessary to obtain permission to drive vehicles for all interested parties, regardless of whether they are professional drivers or not.
What certificate must a driver present when hiring?
Answer to the question: This certificate is not a mandatory document that the employer has the right to require when hiring, as well as during pre-trip and post-trip inspections. The legislation establishes the specifics of regulating the labor of transport workers. Workers whose work is directly related to driving vehicles include, in particular, car drivers.
You will not have any questions about after reading the article at the link.
An employment contract with a driver is concluded in accordance with the general procedure.
Before concluding an employment contract, the employee is obliged to undergo a preliminary medical examination, as well as a periodic medical examination once every 2 years at the direction of the employer, and subsequently the employer is obliged to organize a daily pre-departure and post-deployment medical examination of such employees, for which the employer can either organize his own medical examination. point and obtain the appropriate license for medical activities, or enter into an agreement with medical.
A driver's medical certificate is required to work as a driver.
Free consultation by phone To obtain admission to the driving test, you will first need to pass a medical examination.
The medical certificate is then submitted to the State Traffic Inspectorate.
In accordance with the rules and new instructions on qualifying exams from 2015-2016, the provision of such a document is mandatory for each driver.
For those whose professional activity is not related to driving a car, the certificate is valid for 2 years. Before receiving a license, each future driver must undergo a medical examination in order to receive the appropriate certificate. It is on its basis that a person is allowed to drive a vehicle.
To obtain a certificate, you must undergo a special commission, which is an examination by the following doctors: Psychotherapist. Expert in narcology.
Why do you need a driver's license? certificate in 2021 and 2021
In 2021, a driver’s medical certificate will be useful in the following cases:
- To pass qualifying exams and obtain a first driver’s license (if the certificate expires during the exam process, you need to obtain a new certificate before the next retake attempt - clause 17 of the exam rules);
- To obtain a new category of rights;
- For a planned replacement of a driver’s license due to expiration (every 10 years);
- To return a license after deprivation (if the violation was related to the driver’s intoxication);
- To drive a car, if there is a special o on the driver’s license.
- For early replacement of a driver's license at the request of the driver. The certificate is provided only if the driver wants to obtain a new license for a full period of 10 years. If honey the conclusion is not provided to the traffic police, then the license will be issued for the same period as the previous ones.
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Previously, a medical certificate was also required for:
- passing [anchor href=»pddmaster.ru/sovet/tehosmotr.html»]technical inspection;
- obtaining international rights.
In 2021, in the two cases listed above, the conclusion of a medical commission is not required.
Note. In 2021 and 2021, employees of diplomatic missions, consular offices and international organizations may not provide a medical certificate. Instead of a certificate, they present to the traffic police a diplomatic, consular, service card or certificate issued by the Ministry of Foreign Affairs of the Russian Federation.
What does a driver's medical certificate look like when applying for a job in 2020?
When applying for a job, an employee must submit a medical certificate using a special form.
Certain categories of workers need a certificate to apply for a job.
The procedure for undergoing a medical examination and obtaining a certificate depends on the type and nature of the work that the employee will carry out. The Labor Code of the Russian Federation indicates that an applicant for a position who has been hired is required to undergo a medical examination, based on the results of which a certificate 086/u is issued.
However, inspection is not required for all categories of workers. There is a list of conditions and positions under which a certificate for applying for a job is a necessary document. A driver’s medical examination is simple: first of all, you need to contact the clinic’s reception desk, bring your name and passport with you.
At the reception, the client receives a certificate form, with which he is sent for examination to specialists.
As part of the transport commission
Medical certificate for the driver upon hiring
Medical examinations of certain categories of workers Workers engaged in heavy work and...
The procedure for conducting medical examinations, examinations, etc.
Hiring a foreign worker To employ a foreign worker. Help for drivers when hiring.
Request a medical certificate from the employee if there is no sick leave. When hiring drivers, the organization requires that they present a uniform medical certificate. List of details of a certificate issued based on the results of a medical examination upon hiring. Validity of a medical certificate for drivers.
Below is a standard form and a sample medical certificate for employment, a version of which can be downloaded for free. Tell me if a medical certificate is required to hire a person, Preliminary information. The procedure for conducting medical procedures.
When applying for a job as a driver, he... Certificate of health upon hiring.
Conducting an interview with a candidate for the position of driver
An interview is conducted with the candidate for the driver's position. The Ministry of Transport has obliged employers to implement it.
Based on the results of the interview, final sheets are drawn up. The company must retain them for at least 5 years. At the employer's discretion, a written test may be administered.
The employer has the right to require the applicant to fill out a questionnaire. It is important to include questions, the answers to which will allow the employer to obtain maximum information about the future employee. There is no standard template for such a document. Employees of the organization need to develop it themselves and be sure to approve the finished form.
A typical questionnaire consists of several blocks. Below are their possible types.
Example of blocks of a standard questionnaire for an applicant for the position of a bus driver:
Blocks | What do they contain? |
1. | Personal data of the applicant |
2. | Information about your education and driver's license |
3. | Experience as a driver |
4. | Information about family and children |
5. | What salary does the candidate expect? |
6. | What does one expect to receive besides income? |
Care must be taken in developing the questionnaire. It must be remembered that some questions are simply prohibited by the Criminal Code of the Russian Federation. The candidate cannot be required to answer the following:
- what nationality is he?
- what faith does he profess?
- who are his parents;
- how financially secure.
The employer cannot force the applicant to complete the proposed form if he refuses.
Important! A candidate's reluctance to answer the questionnaire is not grounds for refusal to hire.
Do I need a medical certificate when applying for a job?
Contents of the article: Many motorists think about the need to obtain a certificate.
Is there such a problem or can such a requirement be avoided without violating the legislation of the Russian Federation and driving the car legally? The specifics of issuing a medical certificate for drivers are determined by the current legislation of the Russian Federation. A document is required for each candidate driver, since otherwise the exam will not be possible due to the lack of access and resolution of documentary issues.
Otherwise, many activities with the car become impossible. Return of driver's license
Hiring a driver
requires a mandatory medical examination and driver's license verification.
A medical certificate will only be required in certain circumstances: Replacing a driver's license after it has expired. Restoring a driver's license after a traffic violation that resulted in the deprivation of a driver's license.
Find out what additional requirements an employer may impose on a driver when hiring in 2021, what documents are considered mandatory when hiring a driver in 2021, where and how a medical examination is carried out when hiring a driver, and what form will be used to fill out medical certificate when hiring a driver from June 1, 2016.
From this article you will learn:
- where and how a medical examination is carried out when hiring a driver.
- what additional requirements an employer may impose on a driver when hiring;
- what documents are considered mandatory when hiring a driver;
Driver is not only a popular profession, but also a very responsible one. It is associated with driving vehicles - sources of increased danger.