Why is a medical examination performed?
The main source of information on the topic is the Procedure, which was approved by order of the Ministry of Health and Social Development No. 302n. In addition to specific standards, it contains an explanation of why workers should be sent for medical examinations at all.
For a new employee, a medical examination is needed to assess his state of health and determine whether the person can handle the workload of this position, and whether there are any diseases that could interfere with work.
Periodic examinations are carried out to “catch” the onset of an occupational disease and take immediate action. With regular medical examinations, the employee will see the dynamics of his health, and the employer will be confident that the illness of his subordinate will not lead to accidents.
For people whose activities are related to society or children, medical examinations are needed to reduce the risks of the spread of epidemics.
Submit reports without accounting knowledge
Elba is suitable for individual entrepreneurs and LLCs with employees. The service will prepare all the necessary reporting, calculate salaries, taxes and contributions, and generate payments.
Try 30 days free Gift for new entrepreneurs The promotion is valid for individual entrepreneurs under 3 months old
Which employees must undergo a medical examination?
There is a list of professions and jobs that place workers at risk of serious illness or injury. Some of them were combined into 4 groups according to negative influence factors.
Chemical factors. The activity involves chemicals that negatively affect the worker’s body. For example, decorators paint dishes, and the paint contains lead.
Biological factors . The employee deals with biological substances and there is a risk of contracting a serious or incurable disease. For example, scientists involved in microbiology are at risk of becoming infected with unknown viruses.
Physical factors : noise, vibration, pressure, electromagnetic field. Physical working conditions that exceed norms are harmful to humans. His health will deteriorate over time. For example, divers experience great pressure when diving underwater.
Factors of the labor process . Lifting weights, working posture, working with optical instruments, etc. Workers must undergo a medical examination if, based on the results of an assessment of working conditions, these positions are recognized as hazardous.
The second part of the work is indicated in a separate list - in Appendix No. 2 to Order No. 302n. A total of 27 options for work in a variety of areas: food industry, trade, work at height, felling.
All these people must undergo preliminary and periodic medical examinations. And workers under 18 years of age undergo a medical examination upon each employment.
If the production is dangerous and harmful, then even student interns undergo a preliminary medical examination, regardless of whether they are later hired there.
What documents are needed to pass a medical examination for work?
- passport of the citizen who has been assigned a preliminary medical examination;
- direction from the enterprise where the citizen is employed. Typically, the direction indicates those examinations that are necessary for a citizen to obtain employment;
- outpatient card.
When employed in a food industry enterprise or an enterprise where there is contact with children, the employee must obtain a personal medical record.
To obtain it, you must provide a 3x4 photograph . During your initial application, you will also need to provide SNILS, a compulsory medical insurance policy and a receipt for payment for a medical examination at this clinic.
We also note that if the medical examination takes place in a paid clinic, then SNILS and compulsory medical insurance do not need to be provided .
Certificate of completion
After all the doctors have passed, a certificate of completion of the medical examination upon employment is issued. The certificate indicates whether the employee passed the medical examination or not. In some cases, a certificate of medical examination upon hiring is not issued, but a medical book is provided. But the medical book is not issued immediately.
If the position requires the issuance of a medical record, then before it is issued, a person who has passed all the doctors is given a certificate stating that his personal medical record is in the hospital, he has passed the doctors, and the document itself will be issued on a certain date.
To be hired, you usually need a certificate for passing a medical examination for work, form 086/u.
Since 2009, for employment in the civil service, it is necessary to present certificate 001-ГС/у.
It should be noted that the validity period of such a certificate differs from the periodic validity period of the periodic examination of personnel already working at the enterprise. Certificate 086/у has a validity period of 6 months. Certificate 001-ГС/у is valid twice as long, namely 12 months.
When is a repeat and extraordinary medical examination performed?
Employees are sent for a repeat medical examination within the time limits specified in the Procedure - annually or once every 2 years. Employees under 21 years of age undergo a repeat medical examination every year.
As for an extraordinary medical examination, there are 3 options.
- There are medical recommendations to see doctors more often than prescribed by law.
- The employee began to feel unwell at work and contacted the employer for a referral for a medical examination. For example, his blood pressure began to rise frequently.
- Rospotrebnadzor issued an order for an extraordinary medical examination. For example, several people in the organization fell ill with tuberculosis. Rospotrebnadzor ordered that workers be sent for fluorography.
Pre-shift, pre-trip, post-shift and post-trip medical examinations for drivers stand apart. They are carried out in accordance with Order of the Ministry of Health No. 835n, Methodological recommendations and other regulations.
For accountants and office clerks
A mandatory medical examination for office workers is provided only if the specialist spends more than half of his working time near equipment and is exposed to electromagnetic radiation.
But even with this working regime, the employer has an alternative: he has the right not to spend money on annual examinations, but to obtain an expert opinion on normal working conditions, that is, to confirm that radiation does not exceed permissible standards and does not have a harmful effect on the health of employees.
The company issuing the permit must appear in the Register of organizations conducting a special assessment of working conditions (posted on the website of the Ministry of Labor). True, the validity of the expert opinion is limited: if it is still valid, then employees will be allowed not to visit doctors, if not, then they will have to stand in queues and go through all the specialists.
If we talk about the mandatory medical examination for accountants, then based on the decision of the Supreme Court No. 34-ad17-5 of December 2021, not only sellers, but also accountants, as well as heads and managers of trading enterprises, must now undergo a medical examination.
This precedent suggests that other accountants who calculate the salaries of specialists from the mandatory list should undergo an examination. That is, accountants from schools and kindergartens, hazardous industries, beauty salons and clinics are also required to be sent for a medical examination. The legislation does not talk about this, but the decision of the Supreme Court forces us to be on the safe side.
How to send an employee for a medical examination
The following is required from the employer.
Make a list of employees who must undergo a medical examination.
Issue an order requiring employees to undergo periodic medical examinations.
Send a list of names to the medical institution where the workers will go 2 months before the medical examination.
Send the list to Rospotrebnadzor at the location of the organization.
Hand over directions for medical examination to employees against signature.
Workers, in turn, must come to the medical facility on the specified day, go through all the doctors, and get a conclusion. Otherwise, the employer will have to remove them from work.
Conditions of increased danger impose additional responsibilities. Employees must undergo not only a medical examination, but also a psychiatrist once every 5 years.
Frequency of inspection for certain professions
As already mentioned, monitoring the health of employees is carried out under the condition that the latter work in harmful and dangerous production; clinics and representatives of professions who in one way or another come into contact with a large number of people regularly visit clinics. Mandatory periodic medical examinations are required for employees:
- Food industry, food trade, public catering - tests for infectious diseases and STDs are performed twice a year, as well as analysis for staphylococcus carriage and other bacteriological studies. Once a year, fluorography, consultation with a therapist and laboratory tests for the presence of helminths are prescribed.
- Children's preschool, school and secondary vocational medical institutions - examinations for the presence of STDs, infectious diseases and bacteriological studies are carried out up to 4 times a year. A general therapeutic commission with fluorography and laboratory tests is required once a year.
- Pharmacies and non-food trade - once a year, examination by a dermatovenerologist, therapist, fluorography and laboratory tests are indicated.
- Communal services for the population and swimming pools - they are examined for the presence of STDs 2 times a year and undergo a standard medical examination 1 time a year. Vaccination against diphtheria is required.
It is worth noting that the examinations, regardless of profession, include procedures such as fluorography, blood tests for syphilis, bacteriological studies for STDs, examination by a narcologist and a psychiatrist. For women, a visit to a gynecologist is mandatory.
Is it possible to send an employee for medical examination, but not for a medical examination?
Medical examination and medical examination are different services with different purposes.
Firstly, a medical examination is mandatory, but medical examination is voluntary. It is connected only with a person’s desire to find out whether he is healthy, but not with work.
Secondly, based on the results of the medical examination, the occupational pathologist makes a conclusion about professional suitability. In the conclusion based on the results of the medical examination, nothing is said about this.
If an employee goes for medical examination, the employer is obliged to release him from work for 1 day while maintaining his average earnings. But instead of a medical examination, you cannot be sent for medical examination.
Responsibility for lack of medical examination
If the employee does not pass the medical examination and starts work, then the employer will be fined under Part 3 of Art. 5.27.1 Code of Administrative Offences.
15,000-25,000 rubles per official,
15,000-25,000 rubles for individual entrepreneurs,
110,000-130,000 rubles for organization.
Remember, that:
- Passing a medical examination is the responsibility of workers in harmful, dangerous jobs, in the catering industry, childcare facilities and with sources of increased danger.
- Repeated medical examination is carried out according to the schedule in accordance with the Procedure, which is approved by Order No. 302n. Extraordinary only in certain cases.
- To send workers for a medical examination, you need to prepare lists, send them to the medical institution and Rospotrebnadzor, and issue an order to undergo a medical examination.
- Medical examination is not a substitute for medical examination.
- If the employee does not pass the medical examination and continues to work, the employer will be fined.
Answers on questions
Are medical examinations subject to personal income tax and insurance premiums?
Depending on the situation:
1. The employer pays for the medical examination. The payment goes directly to the medical organization; there is no reason to pay personal income tax and contributions for employees. The employer is expected to act this way.
2. The employee pays for the medical examination himself, and then receives compensation. Then you will have to pay personal income tax and insurance premiums. This is a payment to employees, and it is not included in the list exempt from contributions, the Federal Tax Service explains in a letter dated December 24, 2019.
How to send a list of employees to a medical institution and Rospotrebnadzor?
Send the list by registered mail so you don’t have to go anywhere and look for a suitable employee. You will find the address of the medical institution on its website, but you need a regional Rospotrebnadzor.
Labor Code of the Russian Federation and other laws
In the Labor Code, the procedure for undergoing a medical examination when applying for a job is described in Articles 212, 213. It explains how often an annual medical examination at work takes place (Labor Code, Art. 213). And Article 214 describes the responsibilities of an employee in the field of labor protection.
You should also point to Article 185 of the Labor Code of the Russian Federation. According to this article, the time spent by the employee undergoing medical examinations must be paid.
And according to Article 212 of the Labor Code of the Russian Federation, the employer does not have the right to allow an employee to work who has not passed a medical examination.
Also, referring to Articles 121 and 157 of the Labor Code of the Russian Federation, we can draw the following conclusion.
If an employee does not visit doctors due to circumstances that depend on him, downtime will not be paid .
But an employee who was unable to visit the clinic due to circumstances beyond his control will be paid for .
Article 69 of the Labor Code of the Russian Federation states that all minor citizens must undergo a medical examination for employment.
also refer to the following laws :
- Resolution of the Chief Sanitary Doctor of the Russian Federation dated 06/03/03 N 118. This law applies to specialists who spend more than 50% of their working time at the computer.
- Art. 10 of Federal Law No. 38 of March 30, 1995. According to this resolution, foreign citizens are required to provide their employer with a certificate stating that they are not HIV-infected.
- In Art. 34 Federal Law dated March 30, 1999 No. 52-FZ states that additional examinations for workers may be introduced in certain workshops.
- Medical examination upon hiring (order 302n) of workers engaged in heavy work and in harmful and (or) dangerous working conditions.
