Medical examination for office workers: is it mandatory, do all office employees need to undergo preliminary and periodic medical examinations?

Mandatory medical examination for office workers: Legal Regulations

According to the norms of Art.
213 of the Labor Code of the Russian Federation and clause 13.1 of SanPiN 2.2.2/2.4.1340-03, all employees who work in conditions that include factors harmful to human health must undergo regular medical examinations. The employer is obliged to send such employees for preventive examinations by doctors and not allow those who have not passed the medical examination to work. All costs for these activities are borne by the employer. The list of harmful factors is also known - it was approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n (hereinafter referred to as order No. 302n). This list also includes such a phenomenon as “electromagnetic field of a broadband frequency spectrum from a PC.” Simply put, radiation from office equipment, primarily from computers.

At the same time, in the chain of the Labor Code of the Russian Federation - SanPiN - order of the Ministry of Health and Social Development, there is no direct connection between the need for medical examinations and the results of SOUT. That is, even if, according to the results of the SOUTH assessment, the workplace of an office worker is recognized, for example, as not containing factors hazardous to health, but there is a computer on it, on which the employee spends more than half of his working time, periodic medical examinations of such an employee are still necessary.

Is it necessary to conduct medical examinations for employees who work at computers for more than half the working day if, based on the results of a special assessment, the workplace is found to be safe? The answer to this question is in ConsultantPlus. Study the material by getting trial access to the K+ system for free.

Healthy interest

Previously, all office workers were required to undergo a medical examination, since working on a computer was considered harmful. But, let's be honest, how many office dwellers knew about such rules? How often did management pay extra for harm to workers in electronic fields?

Now the Ministry of Labor and the Ministry of Health have recognized that the level of radiation from the computer is insignificant, and therefore not dangerous to health. And they excluded computer work from the list of harmful factors. However, this does not mean that the health of office employees is completely left without legal protection. Those office workers whose workplace levels of electromagnetic radiation are higher than normal should undergo a medical examination. Citizens whose background is considered unhealthy will need to visit the office of a neurologist and ophthalmologist once every two years. The relevant regulations came into force in May.

But how can you determine if a workplace is harmful? The electromagnetic field of the broadband frequency spectrum is considered harmful: 5 Hz-2 kHz, 2 kHz-400 kHz (if the maximum permissible level is exceeded). As experts note, the level of the electromagnetic field may be higher than normal, for example, if there is no grounding or if the computer is faulty. This can be identified through a special assessment of working conditions, which the employer is required to conduct every 5 years. “Today, all electrical equipment must have an appropriate certificate, with which the computer is considered safe. If electromagnetic radiation is exceeded, before providing guarantees and compensation, it is necessary to raise the issue of replacing equipment (computer) or identifying and eliminating the causes of its improper operation,” notes Anatoly Zakharenkov, head of the technical labor inspection of the Moscow Federation of Trade Unions.

Moreover, if working conditions are recognized as healthy, but the employee still considers his workplace to be harmful, he can challenge the results of a special assessment of working conditions, but only if the methodology for assessing working conditions was violated. For example, you can write a complaint to the state labor inspectorate.

“If a state inspector, during an inspection, finds confirmation of violations of the methodology for conducting a special assessment of working conditions, he can either initiate a procedure for conducting an examination of the quality of a special assessment of working conditions (free of charge) or, by his order, oblige the employer to conduct another, unscheduled SOUT,” explains Anatoly Zakharenkov .

An employee can, at his own expense, independently order an independent instrumental examination of the quality of a special assessment. But later you will have to prove in court which of the results obtained are true: the special assessment or its examination. “If harmful working conditions are established at the workplace based on the results of a special assessment of working conditions, a deterioration in the employee’s health can be recorded during a periodic medical examination. In this case, the employer is obliged to remove the employee from harmful working conditions and provide him with another job in accordance with his qualifications,” explains the expert.

If the deterioration in health is significant, the employee may be sent to a specialized medical institution (Occupational Pathology Center) to establish a diagnosis of a “chronic occupational disease.”

“If one is identified, the employer initiates a procedure for investigating an occupational disease, within the framework of which a connection between the diagnosis and the workplace at the computer is established,” says Anatoly Zakharenkov.

By the way, many employers are convinced that office work cannot be harmful, and therefore do not conduct a special assessment of working conditions. Meanwhile, all organizations must carry out such verification. According to the Administrative Code, an employer who does not conduct a special assessment of working conditions must pay a fine. For officials it is 5-10 thousand rubles. For legal entities - from 60 to 80 thousand rubles.

Dossier "RG"

Although departments have excluded computer work from the list of harmful factors due to the fact that the level of radiation from a computer is not hazardous to health, this does not mean that working in an office is no longer harmful. Sedentary work itself carries health risks.

As phlebologist Dmitry Rosukhovsky notes, the main problem for office workers is thrombosis and varicose veins. To prevent such diseases, the expert recommends taking breaks from work. “Set yourself a reminder every 45 minutes. You need to stand up, stretch your legs and straighten your back, take a few deep breaths and long exhalations. It is important to avoid dehydration during the hot season - drink a few sips of water. Now you can sit down at the computer again.

Surgeon Sergei Fedosov also draws attention to another problem - physical inactivity, that is, stagnation of blood in the lower extremities and pelvic organs. “The solution is simple - periodically get up and walk around the office, visit colleagues in the next department, make a cup of tea or go to the window and look into the distance - that’s the same rest for the eyes,” says the expert.

“Another problem is long-term work at the keyboard, which leads to the development of carpal tunnel syndrome and, as a result, numbness of the fingers. This syndrome most often affects those who use the mouse a lot or type large texts on the computer. To minimize such risks, you need to use arm rests or an ergonomic keyboard, or do exercises for your hands (train with a wrist expander),” the doctor advises.

Frequency of medical examinations for office workers

Office workers must be sent for medical examinations at least once every 2 years. If the team is very young and there are people under 21 years of age, then they should be examined annually.

The minimum set of specialists that an office employee must undergo is a therapist, an ophthalmologist and a neurologist.

Important! The medical institution where employees are sent must have a license to conduct medical examinations.

If the nearest suitable medical organization does not have a license or one of the required doctors, the employer has the right to send employees on a business trip to undergo a medical examination. Where there is everything you need.

If one of the employees does not have a medical examination on time, he should not be allowed to work until he has passed the mandatory examination.

Postponement of medical examination is legal

Specialists of the Ministry of Health have changed the procedure for conducting mandatory medical examinations of workers engaged in heavy work and work with harmful and dangerous working conditions, approved by Order of the Ministry of Health dated April 12, 2011 No. 302n. The amendments were required due to restrictions that lasted for several months due to the spread of coronavirus infection.

Since most medical institutions are operating in emergency mode and all planned procedures are postponed, officials allowed employers to postpone periodic medical examinations of employees for 6 months. This period is declared to be the maximum, and within its limits, an employee without a medical examination can be allowed to work as usual without negative consequences for the employer.

Are there fines for failure to conduct medical examinations for office workers in 2020-2021?

An employer who allows an employee to work who has not passed a mandatory medical examination may be held administratively liable under Art. 5.27.1 Code of Administrative Offenses of the Russian Federation:

Individual entrepreneurs with employees will be fined from 15,000 to 25,000 rubles;
employer-legal entity - from 110,000 to 130,000 rubles;
employer officials responsible for permission to work - from 15,000 to 25,000 rubles.

For a repeated similar offense, the administrative punishment is toughened (Part 5 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation):

The individual entrepreneur will pay from 30,000 to 40,000 rubles, and he also faces suspension of activities for up to 90 days;
the fine for a legal entity employer will be up to 200,000 rubles, and its work may also be suspended for up to 90 days;
employer officials will have to fork out 30,000–40,000 rubles. or receive disqualification for a period of 1 to 3 years.

Important! The employer can go to court to cancel the fine. In this case, the responsibility to prove in court the existence of real harm to the employee’s health falls on those who inspected the employer and imposed fines (that is, on the Labor Inspectorate).

What documents are drawn up during a periodic medical examination, who pays for it?

Unlike the initial medical examination, which an employee undergoes before concluding an employment agreement with the employer, when undergoing a periodic medical examination, a certificate drawn up in form No. 086/u or No. 001-GS/u is not required. Based on the results of a periodic examination of an employee in a medical organization, a conclusion is drawn up containing the following information:

date of issue of the document;
Full name of the person who underwent the inspection;
name of the employing organization;
the name of the structural unit in which the employee works, as well as the exact name of his position;
a list of harmful and dangerous production factors that have a direct impact on his health;
the result of the examination and the doctor’s conclusion based on its results, indicating the presence or absence of contraindications for the employee to perform the declared type of work.

This document must be signed by the chairman of the medical commission and certified by the seal of the health care institution. Also, the results of the completed medical examination are indicated in the health passport, which is kept by the employer.

All costs for employees undergoing examinations by doctors, as well as conducting laboratory and functional tests, in accordance with the provisions of Art. 213 of the Labor Code fall on the employer. Regardless of which medical institution (public or private) the medical examination will be carried out, the employer must enter into an agreement with it for the provision of relevant services, the cost of which depends on the number of workers examined and the prices established by the management of the clinic.

Is it possible to avoid fines if office workers do not undergo the required medical examination?

Rostrud officials themselves tried to answer this question. Here are their main recommendations:

To finalize local acts related to the organization of employee activities:

Specify in job descriptions a limited duration of time spent at the computer, and provide for mandatory technical breaks for employees. According to the instructions, the total time of contact with the computer during an 8-hour working day should not exceed 3.5 hours.
Rewrite the list of employee responsibilities in the job description so that half of the responsibilities indicated in it are not related to being at the computer.

According to Rostrud, in this case the likelihood of fines will be minimal.

Have a conclusion on the environmental safety standards, which will indicate that electromagnetic radiation in the workplace is within normal limits. There are judicial precedents where the presence of such a conclusion helped to cancel a fine imposed by the State Tax Inspectorate through the court.

In what cases can you not undergo a medical examination?

The inspection of employees directly depends on the results of checking working conditions, which is what the certifying organization does. She checks the compliance of actual conditions with those specified in the employment contract, job descriptions and internal personnel documentation. The fact is that many managers, in order to avoid the costs associated with a medical examination, make fictitious entries indicating that the staff member does not spend more than 4 hours a day at the monitor.

The certification commission also checks the level of harmful factors.

If during the certification it is confirmed that staff spend most of their time doing paperwork, traveling to meetings, and performing other duties that do not require a computer, commission representatives cancel mandatory medical examinations for companies.

If an employee does not agree with this decision, he can contact the labor inspectorate, which will organize an extraordinary inspection without notifying the organization.

Will medical examinations be canceled for office workers in 2020-2021?

Yes, there are such plans. At the beginning of 2021, the Ministry of Labor began to develop a bill repealing some points of Order No. 302n. As a result of discussions, legislators removed the clause on working at a computer more than 50% of the working time from the list of harmful and/or dangerous factors, in the presence of which mandatory medical examinations of workers are carried out.

Let us recall that earlier the Ministry of Labor and Rostrud expressed opposing opinions on the need for regular medical examinations of employees working at a computer. The Ministry of Labor believed that since such a “harmful” factor as prolonged work at a computer is included in the relevant List, regular medical examinations of office workers should be carried out. And according to Rostrud, if, based on the results of a special assessment of working conditions or certification, the workplace of an employee constantly working at a computer is recognized as optimal or acceptable in terms of the “electromagnetic radiation ...” factor, then it is not necessary to send such an employee for periodic medical examinations. Judging by the new wording of clause 3.2.2.4 of the order of the Ministry of Health and Social Development dated April 12, 2011 No. 302n, the position of Rostrud still won.

Which employees need

According to the list of the Ministry of Health, representatives of the following professions: accountants, IT specialists, managers, and other personnel who spend more than 4 hours a day at the computer. They must undergo examination by an ophthalmologist, neurologist, or therapist. If deviations from the norm or the results of a previous check are detected, working at the computer is prohibited. Also, all office support personnel who have daily contact with a large number of people are subject to an annual medical examination. These are employees of insurance and travel companies, administrators of clubs, hotels, secretaries, and employees of other private or government organizations.

Algorithm

Medical examinations are divided into preliminary (upon hiring) and periodic. The employer, according to the order of the Ministry of Health of Russia dated April 12, 2011, paragraph 21, must, within ten days, send to the local branch of Rospotrebnadzor a list of persons subject to medical examination, and in this matter, competent and comprehensive personnel records .

recruitment agency outsourcing

After all the required documents have been drawn up, you should decide on the medical institution that will conduct the mandatory examination of workers, enter into an agreement with it (of course, after making sure that the institution is staffed with the necessary specialists) and provide lists of employees. Since today many companies offer and provide specific HR services , in this case it is advisable to use such services .

Procedure:

concluding a medical examination agreement;
advance payment;
calendar plan for medical examination, which must be drawn up within two weeks before the examination;
familiarizing office employees with this plan;
body check;
drawing up and sending a final report based on the results of the medical examination. This act must be submitted in four copies.

Thus, personnel records and a special operation with them are really necessary at the stage of documentary preparation for the medical examination. If you, as a manager, find it difficult to entrust one of your employees with this important task, or the staff simply does not have enough manpower and time, then it is for such situations that today there are external personnel accounting services . Companies specializing in this area provide real and sometimes irreplaceable assistance when registering employees for a medical examination.

About types and features

Article 46 of the Federal Law dated November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of Russians” divides all types of medical examinations into several types:

preliminary – examination, which is carried out at the employment stage;
periodic – intended for certain types of professions, as well as for those employed in harmful or dangerous work;
preventive – carried out on the eve of various epidemics, for example, influenza and usually involves mass vaccination of personnel;
pre-shift/pre-trip – doctors examine the employee immediately before starting a shift/going on a trip;
post-shift/post-trip – doctors give an opinion on the state of health after the end of the working day.

What else is important to know?

The employer pays for all tests, procedures, specialist consultations and other types of medical care, even if we are talking about an examination upon hiring.
Medical examinations can only be performed by doctors from medical institutions licensed for such services.

List of doctors for repeated medical examination at work

A list of doctors who must be visited by an employee of an enterprise when undergoing a medical examination is provided to him directly at the enterprise by the person responsible for carrying out the medical examination and coordinating the process of its implementation. Depending on the worker’s position, this list may include:

otorhinolaryngologist;
dermatovenerologist;
ophthalmologist;
allergist;
oncologist;
urologist;
gynecologist;
surgeon;
endocrinologist;
neurologist;
orthopedist;
dentist;
infectious disease specialist;
mammologist (for women over 40 years of age), although in some cases a visit to this specialist is replaced by a mandatory mammography procedure followed by presentation to a gynecologist.

IMPORTANT! The link to the 3rd list, specified in Appendix 1 to Order No. 302n, establishes the employee’s obligation to undergo examination by a therapist, psychiatrist and narcologist. The legality of this norm is confirmed by the decision of the Supreme Court of the Russian Federation “On refusal to recognize...” dated December 18, 2012 No. AKPI12-1363.

The list of mandatory tests that every employee undergoing a medical examination must undergo includes:

general analysis of urine and blood;
ECG;
fluorography.

Note: this list may be supplemented with other types of examinations and analyzes (depending on the position held by the employee).