How does a psychiatric examination take place: procedure, algorithm, who is eligible and frequency of examination

When admitting an employee to dangerous work, the employer must send him for a psychiatric examination to determine his mental health.

Documents for psychiatric examination

Let's take a closer look at the psychiatric examination, what it is and how it goes.

A psychiatric examination is a check of an employee’s mental health by a commission consisting of psychiatrists in order to find out whether he has contraindications for performing certain jobs. Based on the results of the examination, the employee receives permission to work or not.

Law

Before talking about how a psychiatric examination is carried out, it is worth turning to the law. This term means an examination by a commission of psychiatrists, who, based on its results, make a decision: can a person carry out certain actions (work in specific conditions) or not.

This issue is strictly regulated by law. The following regulations are relevant to the topic under consideration:

• Law No. 3185-1 of 07/02/1992. The provisions contained in it consider all issues related to psychiatric examination in general. The principles of ensuring the rights of citizens valid when they undergo this procedure are also touched upon.
• Art. 213 Labor Code of the Russian Federation. Its provisions justify the need for medical examinations of certain categories of workers. A small list of specialists who may be required to undergo an examination is listed.
• Government Decree No. 695. It regulates all principles for the appointment and further conduct of examinations among workers belonging to certain categories. This refers in particular to those people whose activities involve risks and danger for the entire population.
• Government Decree No. 377. It lists mental disorders, the diagnosis of which is the reason for either a ban on professional activity or the introduction of restrictions.
• Order of the Ministry of Health and Social Development No. 302n. This act lists a list of dangerous or harmful working conditions. And it is precisely this that determines the need to undergo an examination by a psychiatrist as part of absolutely any examination.

As you can see, the law is serious. People interested in where one can undergo a psychiatric examination, as well as how it is carried out, should know: this complex procedure is complex and lengthy, and that is why strict legal requirements are established in relation to it.

Who should pass?

A mandatory examination procedure is established for workers who:

• work with sources of increased danger (that is, their workplace is influenced by harmful production factors or hazardous substances);
• work in conditions of increased danger;
• are engaged in certain types of activities that are established by law.

Examples of such activities include working with the following harmful and dangerous substances:

• chemical (ammonia, nitrogen, benzene, methanol, mercury);
• biological (antibiotics, enzyme preparations, infected substances);
• physical (radioactive substances, laser radiation, ultrasound, industrial noise and vibrations);
• industrial (metals, silicates, carbon aerosols).

A general contraindication for these works is the presence of protracted or chronic forms of mental disorders in the patient, which are characterized by persistent and painful manifestations. Specific examples of diseases may include:

• epilepsy;
• alcoholism;
• mental retardation;
• addiction;
• substance abuse;
• speech defects and severe stuttering;
• borderline mental retardation.

The decision on the suitability of an employee or candidate for a position for a particular type of activity is made by a medical commission based on individual examinations of the patient.

Resolution No. 377

You should pay attention to it. Before talking about how a psychiatric examination is carried out, it is necessary to list the work that requires it. And they are presented precisely in Resolution 377. The list includes the following works:

• steeplejack, high-rise, related to the maintenance of lifting structures or structures.
• Installation, adjustment, maintenance of installations with voltages above 127 V. Performing high-voltage tests.
• Work related to oil and gas activities. Includes work in the Far North, meteorological stations, offshore drilling, geological and underground exploration, etc.
• Boiler room maintenance.
• Activities of drivers and gas inspection specialists.
• Transport work of any kind (service technicians, drivers, drivers, their assistants, etc.).
• Tree felling, transportation and rafting, forest processing, as well as state forest protection.
• Security work (from cash collection to mine rescue services).
• Maintenance of vessels under high pressure.
• Work involving contact with explosives or in fire hazardous conditions.
• Activities of specialists working on stamping presses, milling and lathes.
• Workers in catering, trade, warehouses and food industry.
• Doctors.
• Workers of educational and educational structures.
• Specialists carrying out sanitary and household activities.
• Livestock farm workers.
• Trainers working in swimming pools.
• Service personnel of hotels and hostels.
• Specialists working on waterworks.
• People with access to narcotic and psychotropic substances.

As you can see, the list of specialists who will have to undergo a mandatory psychiatric examination before employment is long.

To summarize, the conclusion is this: every person associated with dangerous work, or with activities of a service or social nature, will undergo this procedure.

Which categories of workers must undergo a psychiatric examination of workers?

Many people are concerned about this issue, let's figure it out!

Employees of certain categories are sent for mandatory psychiatric examination (Article 213 of the Labor Code).

There are a number of basic documents that must be followed when organizing medical examinations of employees.

As practice shows, the employer is mainly guided by the Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n when conducting preliminary and periodic medical examinations of its employees and often “forgets” about the existence of the Government of the Russian Federation Resolution No. 695 dated September 23, 2002, which states on the obligatory psychiatric examination of the employee.

Here is a list of jobs and professional activities whose employees are subject to a psychiatric examination:

• work at height;
• work on maintenance of existing electrical installations with voltage of 127 V and higher;
• work related to the trafficking of narcotic drugs and psychotropic substances;
• work related to the use of explosive materials;
• work in remote areas and underground;
• work directly related to train traffic;
• work related to traffic,

and:

• workers of paramilitary security, gas rescue service;
• catering workers;
• pupils and students before and during practical training at enterprises in which employees are subject to a psychiatric examination;
• medical workers of surgical hospitals, maternity hospitals, children's hospitals;
• workers of children's preschool institutions (DSU);
• service personnel of hotels, hostels;
• pool workers, coaches, instructors.

An example of a certificate of completion of a psychiatric examination

As you understand, this is not the entire list of professions and jobs that are subject to mandatory psychiatric examination. A complete list of professions and activities is presented in Decree of the Government of the Russian Federation dated April 28, 1993 No. 377.

Rules and procedure

A little attention should be paid to this topic, since we are talking about what is necessary in order to undergo a psychiatric examination of drivers and other specialists.

Since such a specific medical report is needed to carry out professional activities in certain positions, the employer is obliged to provide for the procedure for obtaining it. It includes the following steps:

• The employer’s choice of a medical institution for examination and further conclusion of an agreement with it.
• Registration and subsequent issuance of a referral form to the applicant for the position for which the inspection is provided.
• Hiring a candidate if he has no contraindications.

An important nuance: within three days from the date of preparation of the written result of the examination, the medical institution is obliged to notify the organization of this fact.

If a person refuses to undergo a psychiatric examination when applying for a job, he will be denied employment. Because it would be illegal.

Psychiatric examination upon hiring

A psychiatric examination is a check by a medical commission consisting of psychiatrists in order to identify psychological disorders, the presence of which is considered a contraindication for work in a particular position.

You may have never thought that in addition to a certificate from a psychiatrist when applying for employment, an employee may also need a psychiatric examination.

So this is the same thing? Why is there a need for some other psychiatric examination of workers... However, no!

For the first time, you may encounter the lack of a psychiatric examination either when undergoing an inspection by the Labor Inspectorate, or if you have an accident, so let's figure out who needs to provide such a conclusion.

Who should undergo a psychiatric examination?

And nowhere without a banal standard - Article 213 of the Labor Code of the Russian Federation clearly states that workers engaged in certain types of activities, including those associated with sources of increased danger, undergo a mandatory psychiatric examination, and at least once every five years.

It doesn’t hurt to look into the Rules for Compulsory Psychiatric Examination by Employees, approved by Decree of the Government of the Russian Federation of September 23, 2002 N 695.

In the list there is a list of professions that must confirm their adequacy every five years, and the list is very extensive, having many factors and positions.

And also do not forget about the special assessment, hazard class 3 and higher, because all employees who will work in harmful or dangerous conditions provide an opinion from a psychiatric commission.

If a future employee does not want to undergo a psychiatric examination, the employer has the right to refuse employment.

Yes, of course, there may be smart people who say that in paragraph 2 of the Decree of the Government of the Russian Federation of September 23, 2002 N 695, this medical examination is carried out only on a voluntary basis.

Fine! But the employer can also refuse employment. Let's look at Part 3 of Art. 76 of the Labor Code of the Russian Federation and Art. 212 Labor Code of the Russian Federation.

What is a psychiatric examination

After all, there is a psychiatrist’s mark in the medical report during the preliminary medical examination. This is a natural question. Is it still worth carrying out a mandatory psychiatric examination of workers or not?

I have personally experienced hundreds of times that purchased reports are provided, and even test results and ECGs are included.

And how do you check them? No way. There are only suspicions!

Moreover, the employee may not submit documents to the accounting department in order to be reimbursed for expenses for medical services. But why not check everyone?!

And the hospital will not confirm or deny this information for you, so as not to tarnish its reputation, not to reveal medical confidentiality, and you are not from the “police”...

Therefore, the purpose of psychiatric examination of workers when hiring for safety specialists and management personnel is to identify and prevent persons from certain jobs who have a predisposition to inappropriate behavior or who have psychiatric diseases.

In assessing the ability of a particular person to perform the work assigned to him without harming his health and the health of the people around him.

Eg:

• food handlers are referred for psychiatric evaluation to prevent mass poisoning;
• and workers involved in driving vehicles - to prevent mass deaths.

And when you have decided what a psychiatric examination is when hiring, why it is necessary and whether you have this contingent, we move on to what it is really needed for and will start with fines, what liability exists under the law.

Fines for lack of psychiatric examination

I have heard more than once that the responsible employee learns about the obligatory psychiatric examination of workers only when an accident at work is being investigated.

This is somehow rarely talked about and not many people know, although this obligation is enshrined in Part 7 of Art. 213 of the Labor Code of the Russian Federation and came into force in 2015.

The inspector will definitely ask for the decision of the medical commission that conducted the mandatory psychiatric examination, and if you do not provide it, he will be fined accordingly in the same way as for the absence of a medical examination for an employee. And it doesn’t matter that there is a preliminary or periodic medical examination, the article is the same (Part 3, Article 5.27.1 of the Administrative Code):

• if you are an official or individual entrepreneur, the fine will be from 15,000 to 25,000 rubles;
• for legal entities from 110,000 to 130,000 rubles.

If it turns out that there is more than one violation, then the fine can increase significantly and for the employer it will be like purchasing a new car - it is better to drive a car than to pay a lot of money for ignorance of the laws.

As everyone knows, medical examinations and psychiatric examinations of employees, including, are carried out at the expense of the employer. Confirmation in Art. 213 Labor Code of the Russian Federation.

It is worth noting that the size of the fine depends on the number of workers who were not examined; it turns out that the amount of the fine can be very significant!

I don’t argue, the inspector may turn out to be very loyal and issue a fine based on one violation, but ignorance of this nuance or lack of funding may still cost the employee his life!

And these gaps can even cost a worker his life! As an example, I will give you a story from the life of my reader.

There was the following incident in my life. Worked in the military registration bureau (Ukraine). Employment of men occurs through us. An industrial fatality occurs at a mine.

I tell the personnel officers: “You were smart enough to hire him. His military ID says he is unfit for military service. And the article is worth it. They would call and decipher it if they didn’t find this order on the Internet.”

And he was unfit for psychiatry. They put the guy to work, where the mechanisms were spinning and spinning. So he was pulled under the conveyor belt.

It’s a pity for the guy, but a competent specialist would not have allowed him to do such work. I think in Russia, too, you can read a lot on military IDs and draw conclusions when applying for a job.

A medical examination and psychiatric examination could save a person's life!

List of professions for psychiatric examination of workers

Of course, not all employees need to be sent to check their adequacy in the hospital.

Pleasure is not cheap for an employer! But there’s no escape; you have to pay for the work without incidents or fines.

Inspections for 2021 cost from 1,200 to 2,000 rubles, so if you admit, for example, 50 people a year, then you will need from 60,000 to 100,000 rubles and an agreement with the hospital.

Therefore, I suggest you watch a video in which I tell you in detail about the list of professions of workers sent for a psychiatric examination, and also leave a link to my Youtube channel, where you can find other useful information.

How is a psychiatric examination carried out?

Mandatory psychiatric examinations of workers must be carried out “smartly”, and not just write out a referral and then file the decision of the medical commission in a folder.

If an inspector comes with an inspection and the matter comes to the OPO, you should have the following package of documents ready:

1. Agreement for psychiatric examination of employees.
2. Order on the appointment of persons responsible for public safety organizations.
3. Order for referral for psychiatric examination.
4. List of persons sent to OPO.
5. List for medical institutions.

Not so much, there is nothing complicated in the design, and now I will analyze everything in more detail.

Where to undergo mandatory psychiatric examination of workers

When a company does not have branches or separate divisions in different cities, and all employees live and work in the same locality, this is an ideal option for concluding a contract for conducting public benefit activities.

When organizing a psychiatric examination, you need to consider the following details:

1. Not all medical institutions have the necessary equipment.

When a psychiatric examination of workers is carried out, a device such as an electroencephalograph is used.

During the examination, a special cap with sensors that read electrical impulses from the brain is put on the patient's head. Usually the procedure lasts 20 minutes.

It allows you to identify a lot of even minor deviations in health, which the employee may not even be aware of.

2. There must be a specially trained medical commission.

The commission consists of psychiatrists who have undergone special training and are accredited. In many hospitals there are one or two psychiatrists, but there should be at least three, which already indicates the impossibility of organizing a psychiatric examination.

3. And the most important fact. The organization with which you decide to enter into an agreement must have a license to conduct mandatory psychiatric examinations. No other way. But there are not so many such organizations, usually these are psychoneurological dispensaries.

You enter into an agreement with them and there will be no claims from the GIT if something happens.

Order on the appointment of persons responsible for conducting a psychiatric examination

The person responsible for conducting the mandatory psychiatric examination must be and, preferably, assigned by order. There is no mandatory requirement, but if something happens it’s easier to find the last resort ☺

Indicate in the order who must do what so that the psychiatric examination of employees is organized from start to finish.

Order to send employees for a psychiatric examination

In order to be transparent about who needs to be sent for a psychiatric examination this year, an order must be prepared to send employees for a psychiatric examination.

List the employees as a separate appendix to the order.

Refusal of an employee to undergo general training

Psychiatric examination of employees must be voluntary and you have no right to force an employee.

What is this happening?!

The employer is obliged to send an employee, and if he does not comply with the requirement of the law, he faces a fine of up to 130,000 rubles.

If he refuses, remove him!

We had one such “comrade” in our organization; his period of completion of the general education program had come to an end, and just at that time strange things began to be noticed about him.

It was in the north, and residential towns provide saunas. So, one of our employees often went to the bathhouse in full winter uniform.

Everyone looked at him “wildly” and asked what was the matter? He smiled and said that everything was fine, he wanted to warm the bones.

Sometimes he said that he communicated with some unearthly creatures. He did not show aggression, but a decision was made to urgently send him to the “mainland.”

He categorically refused to undergo a psychiatric examination, but in this case the law allows the employee to be suspended from work without pay.

Although this is a voluntary procedure, at the same time, a psychiatric examination is the responsibility of the employee (paragraph 6, part 2, article 21, paragraph 6, article 214 of the Labor Code). If you refuse, you can get discipline!

Afterwards, you need to re-notify the employee that you need to undergo an educational training, indicating the deadline. Refusal? The employee receives a second disciplinary punishment and dismissal under clause 5, part 1, article 81 of the Labor Code of the Russian Federation.

There is even judicial practice on this matter, and the court in such cases sides with the employer. That is, an employee has no right to refuse to fulfill his duties to the employer without a valid and justified reason.

Referral for mandatory psychiatric examination

If the employee agrees to undergo examination, he must be given a referral for a mandatory psychiatric examination.

As I said above, the OPO procedure is not quick; the law allocates 20 days and no more for a psychiatric examination (clause 7 of the Rules, approved by Government Decree No. 695 of September 23, 2002).

This period of time is allocated to, if necessary, request information about the health status of those who have applied to other health care facilities. Moreover, if necessary, the period can be extended, but not by more than 10 days.

In any case, after making a decision, the medical commission prepares a certificate of suitability or unsuitability of the employee, and must issue it within 3 days.

The employee will receive the decision in hand, but will not be able to withhold information about the results, since the hospital will send a notice to the employer about when the decision was made and handed over to the employee.

How often are psychiatric examinations of employees carried out?

A frequently asked question is how often are psychiatric examinations of employees carried out?

1. Before employment and before undergoing a preliminary medical examination.
2. Subsequently, psychiatric examinations of employees are carried out every 5 years.
3. If an employee shows signs of mental abnormalities and disorders, then an OPO is carried out ahead of schedule, when providing medical care or when sending for a medical examination.
4. In case of transfer of an employee to another position where the harmful factors have changed. If they remain the same, then a psychiatric examination is carried out no earlier than after 5 years; it is not required.

List of persons subject to mandatory psychiatric examination.

As they say, you can’t keep track of everyone, especially if the company is not five people, so I recommend making a list of the contingent for a psychiatric examination for the current year. This will simplify your work and you can open and check at any time who will be sent to OPO in which month during the year.

The hospital will also need a list for a psychiatric examination. It is permissible to use the above only if the hospital does not have its own specific design requirements.

Specifics of the inspection

Based on the above, it can be understood which employees will have to undergo a mandatory psychiatric examination. Now it's time to talk about what they will need to face.

According to Resolution 695, the purpose of this examination is to establish a person’s professional suitability, as well as to identify the presence of contraindications, diseases and deviations.

This procedure is carried out in a special medical institution that has a permitting license for such events. The commission includes at least three psychiatrists.

If during the examination it is revealed that a person uses psychotropic or narcotic substances, the state will be obliged to provide him with treatment aimed at rehabilitation.

What mistakes should employers avoid?

When registering a new employee, employers often make the mistake of mistaking a certificate from a dispensary for an OPO.
In this case, the personnel service of the enterprise should take into account that no other medical document is equivalent to the conclusion of a psychiatric commission. And for such a violation, a fine is imposed on the employer or company manager. Another mistake is to assign the costs of undergoing an educational training to the employee. In this case, regulations provide for the full financial responsibility of the employer for organizing and conducting the survey. If the management of the enterprise refuses direct responsibilities, the employee can complain against the employer and return his commission expenses through the court.

It is a violation to send workers to undergo examination at their place of residence. The employer must organize the psychiatric examination procedure itself by concluding an agreement with the selected medical institution. If during the examination the commission needs additional information about the health of the person being examined, they independently make a request from the clinic where the employee is registered.

Reference! An employee must go to a commission only with a referral issued by the employer. Otherwise, the claim for reimbursement of expenses will be unlawful.

Where can I get a psychiatric examination?

This is an important question. As already mentioned, this procedure is carried out only in those medical institutions that have a license.

So, first a person will have to go to the clinic at his place of registration. He is required to obtain a by-pass sheet for a professional examination from the reception desk and visit all the doctors in turn. The first doctor on the list is the therapist - it is he who gives the referral to a psychiatrist and narcologist.

The second doctor listed is usually visited first. After a person is given a conclusion from a narcologist, he must go to a psychoneurological dispensary.

But that's not all there is to know about the topic of where to get a psychiatric evaluation. An alternative to a public institution is a private clinic.

The survey will cost more, but this option has many advantages. In particular, this will help save time by not wasting it in queues. Specialists will also conduct a more in-depth examination that will meet the criteria put forward by the employer.

And the second aspect is very relevant. Because not every state dispensary can conduct a test that helps determine a person’s phobias. And this is relevant for people working in unusual conditions (for example, underground, in cramped spaces, at height, etc.).

Rules for passing mandatory examination

The procedure is provided for by Decree of the Government of the Russian Federation No. 695.

The examination is carried out by a medical commission with the consent of the applicant. Inspections are carried out at least once every five years.

How it goes.

1. The employer gives a referral for a psychiatric examination, which contains the nature of the activity and working conditions.
2. Sent with him and a document confirming his identity, he applies to the commission.
3. In the twenty-day period following the application, the commission conducts an examination.
4. The commission sends requests to medical institutions to obtain the missing information, and the applicant is notified about this. The decision is made within ten days after the data is received.
5. The decision is made by the commission based on the results of voting by a simple majority of votes.
6. The applicant is provided with a psychiatric report within a three-day period from the day the conclusion is made, the organization is informed of the date on which the decision was made and the applicant was notified.
7. If the applicant does not agree, he has the right to go to court.

During the examination, the employee is accrued an average salary, and all labor guarantees are retained.

Who conducts

According to Art. 212 of the Labor Code of the Russian Federation, the enterprise administration is responsible for organizing the necessary assessment of the psyche of workers and applicants, it develops a referral form, it selects a medical organization that will carry out the examination, and pays for it. The examination is carried out by medical organizations that have received a license.

An employee may undergo a medical examination based on a referral:

• independently: the employee receives a referral to a psychiatrist from the employer to undergo an examination at a certain medical organization or at his place of residence;
• in a medical organization with which an agreement for conducting an examination has been signed.

What does a psychiatrist check during a medical examination?

To find out the state of mental health, the psychiatrist interviews the applicant. He evaluates the content of the answers, the speed of reaction, etc. In some diseases, the patient's abstract thinking is impaired, speech is incoherent, and illogical. The inspection will take about half an hour.

What questions are asked?

This is perhaps the main point that needs to be considered when talking about how a psychiatric examination is carried out.

But what questions the doctor asks cannot be said with one hundred percent certainty. It all depends on one case or another.

As a rule, standard questions come first, like:

• What day of the week and date is it today?
• What time of year and day is it?
• What city does the person live in?
• What kind of education did he receive?
• Who does he live with?

People who already have an impressive track record are asked few questions. They are limited to the standard “Do you have any complaints?” Psychiatrists are interested in having a worthy specialist work, as they say, in his place.

Of course, doctors can often set verbal “traps.” But they are not scary to a rationally thinking person. The most important thing is to answer confidently and calmly. If you are asked to take some special test containing questions on basic knowledge and logic, then you will need to use intelligence.

Sometimes questions like this are asked:

• Are you a performer?
• Were there any bosses or people in leadership positions in the family?
• What kind of child were you growing up? Were you calm or not, how often did you fight and conflict?
• Which country would you like to be born in if you had a choice?
• How did you earn your first money?
• Have you ever stolen?
• What films are you ready to watch every day?
• What was the last time you laughed?
• Do you have phobias?

Also, every person who wants to know how the psychiatric examination of employees is going should be aware that the doctor may ask to do something. For example, draw warmth, grief or safety. Or say which of these or other objects is superfluous (for example: an ax, a saw, a knife).

As a result, the totality of answers to tests and questions, the results of completed tasks, emotions manifested in the process and a host of other factors that the person himself may not pay attention to will paint a picture of his mental state for the specialist.

What is a harmful factor

One of the important indicators for who should undergo a psychiatric examination is the presence of a harmful factor at work. What could it be:

• Working with chemicals: mercury, arsenic, metals, benzene, organic solvents.
• Narcotic and psychotropic substances.
• Contaminated and infected materials.
• Aerosols. Dust of plant and inorganic origin.
• Noise, vibration, temperature changes, high atmospheric influences.
• The influence of radioactive substances, lasers, ionizing radiation, electromagnetic fields.
• Eye strain. Increased physical activity.

Modern inspection methods

Continuing to study the topic of how and where one can undergo a psychiatric examination, it is necessary to pay attention to some features that have become increasingly common lately.

In the age of modern technology, it has become popular to take various tests, in particular for:

• Concentration.
• Adequate behavior in stressful situations.
• IQ.
• The ability to quickly make decisions in emergency situations and take responsibility for actions taken.

This especially applies to workers involved in law enforcement, military agencies, and security agencies.

A more thorough examination is also required when hiring specialists in the service sector. Everyone knows that working with a large flow of clients requires conflict-freeness and emotional stability. That is why the approach to inspection is so serious.

When discussing how the mandatory psychiatric examination of employees is carried out, it should also be noted that in some cases employers require a lie detector test. This is especially common in the banking industry and when hiring for positions that give the employee access to material assets.

Should a person undergo a psychiatric examination of this level without fail? No, he has the right to refuse. According to labor laws, management cannot insist if the candidate does not agree with the proposed conditions.

Who is responsible

The law places full responsibility for the procedure for undergoing a psychiatric examination on the enterprise.

Failure to comply with the law will result in fines of up to 25,000 rubles for officials, up to 130,000 rubles for legal entities, and up to 25,000 rubles for entrepreneurs. At an enterprise or organization that has employees performing work included in the list of RF PP No. 377, a mandatory psychiatric examination of employees must be organized in accordance with established norms and rules.

An employee who refuses to submit to a psychiatric evaluation may be terminated from his position and may also be prevented from returning to work by other means. Art. 76 of the Labor Code allows not to accrue wages to an employee due to refusal to undergo an examination or medical examination.

Anyone who must undergo a psychiatric examination can write a statement about maintaining wages and work place for the period of the commission.

The employer has the right to refuse to provide a vacancy if such an examination is not passed.

What's next?

Now it has been described in detail about how and where to undergo a mandatory psychiatric examination. Let's say a person has completed this procedure. What's next?

Then he, being a person applying for work, brings the following documents to the medical organization:

• Direction.
• The employee's health passport, if available.
• Identity document.
• Decision of the medical psychiatric commission.

The examination is considered completed if the person has been examined by all doctors declared by the employer as mandatory. The entire procedure ends with the issuance of a final medical report.

Procedure

The decision-making process to conduct an OPO has the following algorithm.

1. A commission created at the enterprise assesses working conditions.
2. At each workplace of a certain specialty, the types of activities specified by Government Decree (No. 377) are performed.
3. Based on the work carried out, a verdict is made on the presence or absence of the need to send employees for mandatory examination by a psychiatrist.

After the employer issues a referral, the applicant or employee is given a period of up to 20 days during which he must complete the OPO. Upon arrival at the medical institution, in addition to the referral, you must present a passport of a citizen of the Russian Federation (another identification document) and a health passport.

The examination process is a conversation that lasts 30-40 minutes. As psychiatrists listen to answers to questions, they make notes in their notes regarding the speed and content of the answers. The abstractness of thinking and the ability to give one’s own assessment of what is happening are also taken into account.

Sample of the received certificate

The employee must be prepared for non-standard and uncomfortable questions. Experts intentionally put the test subject in an awkward position in order to find out the degree of his excitement, manifestation of aggression, or, conversely, his ability to keep the situation under control.

The following signs may indicate mental disorders:

• lack of logic when formulating answers;
• incoherent speech;
• weakly expressed abstract thinking.

Employees who have passed a psychiatric commission receive a signed conclusion. A separate message is sent to the employer about the date of the decision and the date of issue of the certificate.

Periodicity

As part of the topic under discussion, it is also necessary to talk about how often psychiatric examinations are carried out. This is stated in articles 212 and 213 of the Labor Code of the Russian Federation.

According to these provisions, employees of certain categories are required to undergo inspection once every 5 years (they are listed above). This is also mandatory when applying for a new job. Even if another 5 years have not passed.

Other laws apply to drivers. According to Article 213, they must undergo examination once every 2 years. But this will not be an examination, but a regular inspection.

This is necessary to confirm the fact that the person is still mentally fit to carry out his professional activities, and that work in conditions of increased danger will not harm him emotionally.

What else do you need to know?

We have discussed what a psychiatric examination is and how it goes, here’s what else you need to know:

• A psychiatric examination is not just a certificate from a psychiatrist, but a special procedure directed by the employer.
• Psychiatric examination is carried out at the expense of the employer.
• Before being hired, an employee first undergoes a psychiatric examination, and only then (if clearance is obtained) undergoes a medical examination.
• By analogy with the procedure for conducting preliminary and periodic medical examinations, there is a division into work with harmful factors (chemical, aerosols, biological, etc.) and types of work with increased danger (driving transport, working with electrical installations, etc.) .

Financial side of the issue

Of course, the examination costs some money. By law, the financial obligations related to payment for this procedure are required to be covered by the employer.

Depending on which medical institution they chose, the cost varies from 1,500 to 15,000 rubles. Tariffs are approximately as follows:

• In dispensaries, municipal and city clinics - up to 2,000 rubles.
• In private clinics and commercial medical centers - from 3,000 rubles and above.

The employer pays for the procedure regardless of its result (i.e., whether the candidate passed it or not). This is done in two ways:

• According to the payment document presented by the applicant after inspection.
• According to the agreement concluded with the medical institution in advance.

If the employer does not pay for the inspection, then this should be taken as a violation of Articles 219, 213 and 212 of the Labor Code of the Russian Federation. A person can file a complaint with the labor inspectorate or even the court. For violation of the law, the employer will bear administrative liability, as stated in Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Although, of course, in the future the person may find himself without work. But working in an organization that breaks the law is an unattractive prospect.

If an employee refuses to undergo examination

The procedure is voluntary. At the same time, according to Art. 76 management is obliged to remove an employee who does not pass it. During the period of suspension, an employee who does not pass the examination of his own free will will not be paid.

According to Art. 214 employee must undergo a mandatory psychoneurological examination. If you refuse, management has the right to take disciplinary measures: make a reprimand, issue a reprimand. If the person sent refuses further, the contract is terminated under clause 5, part 1, art. 81 Labor Code of the Russian Federation.

If the commission finds the applicant unfit

The applicant may be offered additional examination in order to transfer to another position.

If there are no vacancies in the organization to which the employee can be transferred in accordance with the conclusion, he will be fired under clause 8 of part 1 of art. 77 Labor Code of the Russian Federation.

Recommendations and tips

They are worth studying to complete the topic regarding how to undergo a psychiatric examination for workers wishing to find a job.

So, as soon as the referral is received, it is recommended to immediately go to the medical institution, taking an outpatient card and passport. It is important that the paper contains the clauses of the resolutions (695 and 377) or the Labor Code of the Russian Federation. They are the basis for a citizen to undergo the procedure.

It is important to know that both during the examination and after it, a person has every right to ask the members of the medical commission questions that interest him. They will not refuse clarification.

The conclusion itself is issued within 20 days. As soon as it is ready, it is finished for painting. If a person does not agree with the result, then he has the right to appeal it in court.

It is also worth mentioning that during the notorious examination, a person retains his average earnings, and also provides all other labor guarantees.

However, if he does not complete this procedure in a timely manner, he will have to bear responsibility. As a rule, this results in removal from work duties. In some rare cases, an employee may even be fired. And the employer, in turn, will be required to pay a serious fine. But this is if it is his fault that the examination was not completed.

Legislation

Mental disorders in a person can be a serious reason for limiting the performance of work duties. Such people, when performing work associated with increased danger or requiring special attention, can cause harm to themselves and others.

When hiring a person, the employer must comply with the rules established by law:

• The main document is Order No. 695 of September 23, 2002. It contains the basic principles on how to conduct a psychiatric examination of employees.
• Article 212 of the Labor Code of the Russian Federation indicates when this examination should be carried out.
• Decree of the Government of the Russian Federation dated April 28, 1993 No. 377 contains a description of working conditions and harmful factors that may become the basis for an employee to undergo training.
• Article 213 of the Labor Code of the Russian Federation contains the grounds for conducting a psychiatric examination.

All these documents are taken into account when developing the “Regulations on undergoing a psychiatric examination” at the enterprise. Compliance with the rules is monitored at the legislative level. The Occupational Safety and Health Officer must monitor compliance with this provision and also keep a record of those who are required to undergo a psychiatric examination.

How is the examination carried out?

If you are about to undergo the procedure for the first time, most likely you are interested in the order of its implementation. The employer issues a referral indicating the type of activity and working conditions, then an expert commission consisting of psychiatrists conducts the examination itself. Its purpose is to establish whether the employee has a mental disorder, as well as to determine the connection between the nature of this disorder and the ability to safely carry out professional activities, the type of which is indicated in the employer’s direction.

In our country, it is customary to treat psychiatrists with caution, but in reality there is nothing to fear: an adequate person who is of sound mind will not be “attributed” with any diagnoses. Even if you come to the examination not in the best mood, this will not threaten you in any way. If your doctor notes that you have signs of depression and stress, he may advise you to seek counseling, but there will be no professional restrictions in this case. Thus, there is no need to “prepare” for the examination.

The examination is a voluntary procedure. However, if you refuse to take it, this may be grounds for your dismissal.

Your doctor will ask you questions to determine your mental health. Some of them may seem a little strange to you, but none of these questions are random: the doctor will evaluate both the content of your answers and the speed of your reaction, and other nuances will not be left unattended. Individuals suffering from mental disorders often have problems with abstract thinking; some diagnoses are characterized by incoherent speech, impaired logic, and other features that are clearly manifested during personal communication.

The inspection time will take no more than 30 minutes.

Rules for mandatory examination

The conditions that compulsory psychiatric examination of employees meet are regulated by the Government of the Russian Federation in Resolution No. 695 of September 23, 2002 . The document stipulates the rules for undergoing the procedure for persons working in conditions that pose a danger to the health of the citizen himself and those around him:

1. Persons working in positions that are included in the list of “Mandatory Cases” are subject to regular psychiatric examination.
2. The standards established by Russian law regarding the right of a citizen to receive psychiatric care and the guarantees of its provision provide an exclusively voluntary basis for the examination of an employee.
3. The purpose of the examination is to determine professional suitability and mental health for admission to work with special conditions.
4. The assessment of the mental state is carried out by a SANMEDEXPERT commission consisting of three specialists: two psychiatrists and a chairman.
   View the documents:

   — Decision of the medical psychiatric commission

   — Message from the medical commission on the mandatory psychiatric examination of the employee

5. Employees must undergo a certification procedure every 5 years (or more often, depending on their profession).
6. When applying to SANMEDEXPERT, a citizen must present documents confirming his identity.
7. The enterprise issues a referral for examination to indicate the type of activity of the employee and his working conditions.
8. The decision of the medical commission is given to the employee on the day of the examination. A message from the medical commission about the date the commission’s decision was made and the date it was issued to the employee is sent to the customer in writing within 3 business days after its adoption. In cases where additional information is required, the period may be extended to 30 working days with mandatory notification to the subject.

In accordance with the Rules, a citizen has the right to familiarize himself with the results of the survey and, in case of disagreement, to appeal them in court.

Forms approved by Order No. 705

To organize and monitor the passage of a psychiatric examination, occupational safety engineers or other officials can use standard forms provided by Order No. 705 of the Moscow Department of Health dated September 18, 2008. This document approves the referral form that is issued to personnel to undergo a psychiatric examination. The document determines the form of the decision of the medical commission, the form of the report of the examination commission.

Another document that a labor protection engineer must maintain is a log of directions. With its help, compliance with the deadlines for completing the psychiatric examination is monitored, as required by Order No. 695. In addition, the enterprise issues an order to conduct a psychiatric examination of employees.

Responsibility for ignoring the need for examination

Approval for an official position of an employee who has not passed a psychiatric examination is punishable in accordance with Part 3 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation. Financial liability (fine) rests entirely with the organization or the head of the institution.

• For officials in the amount of 15-25 thousand rubles;
• For persons carrying out entrepreneurial activities without forming a legal entity - from 15-25 thousand rubles;
• For legal entities, the fine is 110-130 thousand rubles.

The same penalties are relevant for allowing a person to perform work whose mental state does not meet the established standards.

Support for citizens

There is a Law “On psychiatric care and guarantees of the rights of citizens during its provision.” It includes articles that regulate the provision and principles of assistance:

• Art. 1. Help is guaranteed by the state. Its provision must respect all human and civil rights.
• Art. 2. All relations are governed by regulatory and legal documents.
• Art. 3. The law is applicable to both citizens of the Russian Federation and foreign persons.
• Art. 4. Assistance must be provided upon the voluntary application of a citizen.

• Art. 5. Persons with mental disorders have all the rights and freedoms of citizens, according to the Constitution of the Russian Federation.
• Art. 6. There are types of professional activities for which a person may be unsuitable due to a mental disorder.
• Art. 7. When providing psychiatric care, a representative may be invited to protect the rights of the patient.
• Art. 8. Prohibition of requiring information about mental health status.
• Art. 9. Information about the patient’s mental health is a medical confidentiality.
• Art. 10. Diagnosis and treatment of patients is carried out according to generally recognized international standards.
• Art. 11. Consent to treatment is given in writing.
• Art. 12. Refusal of treatment is certified by signature.
• Art. 13. Compulsory treatment is applied by court decision.
• Art. 14. Forensic psychiatric examination is carried out in accordance with the procedure established by law.

Based on the legislation, a person has the right to undergo treatment. At the same time, he decides whether to transfer his personal data and information to third parties and enterprises or not.

Making a diagnosis is, first of all, an opportunity to undergo treatment. Also, some diseases require registration of disability. The state provides support for treatment, social assistance, and pensions. When applying for a job, a reduced working day, 30 days of paid leave and 60 days of unpaid leave per year are possible.

Mandatory inspection cases

The legislation of the Russian Federation names categories of employees who, in any case, must undergo a psychiatric examination upon employment ( Article 213 of the Labor Code of the Russian Federation ):

• minors (under 18 years of age);
• applying for positions for which certification is provided for by the Labor Code of Russia;
• applying for positions for which certification is provided for by other laws of the Russian Federation.

Cases regulated by the Labor Code of the Russian Federation , in turn, are divided into three conditional groups:

1. Special working conditions (Part 1 of Article 213 of the Labor Code) . This category of people is associated with work that has specific working conditions:

• working with chemicals, explosive substances and other objects that pose a threat to health;
• underground, as well as lifting and high-altitude work (in these cases, the person is tested for claustrophobia or fear of heights);
• employees whose work is somehow related to transport (drivers, pilots, as well as dispatchers and traffic controllers);
• work that poses increased danger and the need to carry weapons (army, police, security forces).

2. Social and domestic areas (Part 2 of Article 213 of the Labor Code of the Russian Federation) .

This includes professions in areas that involve service and social interaction:

• catering establishments and food industry;
• trade and consumer services;
• hospitals and clinics;
• schools, children's camps, etc.
• office employees

3. By decision of local authorities (part 4 of article 213 of the Labor Code of the Russian Federation). This group is controversial. It allows for various additional cases of mandatory psychiatric examination, which are established by decision of local authorities, if there are sufficiently compelling reasons for this.

Rules for passing a psychiatric examination (examination)

General provisions for employers and job applicants:

• Mandatory psychiatric examination is required for applicants for positions involving potentially dangerous activities (military service, chemical industry, etc.);
• According to the current legislation of the Russian Federation, the examination is carried out exclusively voluntarily. Compulsory research is ordered only in cases where a person poses a real threat to himself and/or society;
• The examination is carried out only for the purpose of determining the professional suitability of a candidate or existing personnel to carry out a specific category of work. Sometimes a study is required to assess the mental state of an employee. The purpose of the event is to establish the relationship between a person’s character and his ability to perform his official duties;
• Only qualified medical personnel from an independent commission have the right to conduct an examination;
• No more than 20 working days should pass from the moment the employee or applicant applies to the medical commission;
• The minimum frequency of examination for an employee is once every 5 years (for some positions - once every 6 months);
• The employee has the right to ask questions related to the state of his mental health during the entire period of the commission and after the doctors give an opinion;
• An appeal against the result of the examination is permissible in a fixed manner that complies with legislative norms;
• Refusal to undergo the examination threatens the employee with removal from service. Repeated violation will result in dismissal.

The number of organizations and isolated institutions that require an assessment of a candidate’s mental health when approving a candidate for a position is growing every year. The examination is a responsible undertaking that requires certain time and material costs. It is important that such procedures do not cause harm or moral damage to either employees or employers, but entail only positive results for all parties involved.