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When applying for a job at an enterprise or organization, each applicant is required to undergo a medical examination. The list of doctors from whom you need to undergo examination and obtain an opinion may differ. It all depends on the type of activity, on what exactly needs to be done in the workplace.
For your information
On the one hand, passing a medical examination allows the employer to make sure that he is entrusting a responsible task to a person who is physically and mentally healthy. On the other hand, the applicant himself will know whether he is ready to complete the tasks assigned to him. Annual medical examinations will also help track the dynamics of your health.
When is a medical examination required when applying for a job?
The obligation to undergo a medical examination before being hired by people of certain professions is enshrined in the Labor Code of the Russian Federation (set out in Articles 69, 213, 266, 324, 348.3.)
An employer does not have the right, according to Article 212 of the Labor Code of the Russian Federation, to hire a person who has not passed a medical examination. It is necessary to obtain a medical report in the form of a certificate or medical book before concluding an employment contract.
Additional Information
A medical examination is required when applying for types of work that involve driving transport, interacting with children, with a large number of people, where there are special working conditions, where life-changing decisions are required or the use of weapons is required.
Groups of persons with mandatory medical examination upon entry to work
The following categories of persons are identified for whom a medical examination is required upon employment:
- Minors (under 18 years of age).
- Workers working in organizations with difficult, harmful or dangerous working conditions, including transport.
- Persons working in the Far North or equivalent regions.
- Workers working on a rotational basis.
- Workers associated with catering, the food industry, trade in food products, as well as those working in organizations that provide water to the population.
- Workers of medical, treatment-and-prophylactic and children's institutions.
- Departmental security officers.
- HIV-infected.
- Emergency service workers.
Video: who does not need to undergo a medical examination when applying for a job?
https://youtube.com/watch?v=unoHdSzq_r8
Who is required to undergo a preliminary medical examination?
The Labor Code of the Russian Federation requires certain categories of workers to undergo a medical examination when hiring:
- under 18 years of age:
- whose profession involves harmful and dangerous work;
- who works in the food industry;
- who provides medical services;
- sales workers;
- involved in transport;
- teachers, counselors, educators, teachers;
- working in extreme conditions;
- service personnel, for example: waiters, hairdressers, cosmetologists, athletes;
- judges, law enforcement officials, and other employees of government agencies;
- who works in the Far North or in those places that are equivalent to it.
This pre-employment medical examination is called a primary medical examination. It allows you to determine whether a person, due to health reasons, is ready to perform the job for which he is hired, whether he has chronic and hereditary diseases that can affect his health in the future and interfere with the performance of assigned tasks. Such a medical examination also protects the team from infectious diseases that a new employee may bring.
Conducting induction training
As soon as an employee appears at the enterprise, even before signing an employment contract, he must be given an introductory briefing on labor protection. This instruction is carried out by a labor protection specialist or a specially trained person.
There must be a training program approved by the head of the organization, with a list of questions that you, as an occupational safety specialist, include at your discretion. The most common questions included are:
- general information about the enterprise;
- the presence of harmful and dangerous factors that may affect the employee;
- protective equipment that may be provided to employees;
- benefits and compensation provided to employees;
- employee actions in emergency situations.
The results of the training are reflected in the occupational safety briefing log. The employee signs in this journal.
Form
When accepting a new employee, the manager, against signature, gives him a referral form for a medical examination by doctors. The document is issued by an employee of the enterprise in which the applicant plans to work. There is no single sample of a medical examination form for employment. But there are certain requirements for its design. It should contain:
- name of the organization, enterprise;
- type of activity and form of ownership;
- the name of the clinic where you need to undergo a medical examination, indicating contact numbers and addresses;
- type of medical examination;
- Full name of the person being sent and his date of birth;
- the name of his future profession;
- risk factors at the enterprise.
Attention:
The timing of the medical examination is agreed upon in advance.
Documentation of medical examinations
To pass the commission, a person presents an identification document, a health passport, and a referral from the employer. During the examination the following is drawn up:
- Outpatient card. The document reflects the data of examinations by employees and laboratory tests of the person. The card is kept in the medical organization and is not given to the person being examined.
- A health passport issued by a medical organization in the absence of one. Registration is carried out once for each person; in case of loss, a duplicate is provided. The registered document is assigned a number and date of issue. After the examination, the document is issued to the person.
- The final conclusion after the examination is drawn up in 2 copies. The document is signed by an occupational pathologist appointed as the chairman of the commission. The conclusion is certified by the seal of the organization. One copy of the form is provided to the person, the second is filed with the medical record. The result of the examination can be documented in certificate No. 086/u, or in a personal medical record.
Before drawing up the contract, it will be necessary to determine the availability of the necessary doctors on the organization’s staff. In practice, there are cases when it becomes necessary to change a medical institution, for example, in the sudden absence of one of the doctors. The conclusion is drawn up by the organization that completes the examination procedure.
Employer's liability
The manager is obliged, according to the law, to send the employee to undergo a medical examination if the position and specifics of the work provide for such a need. This is a requirement of Labor legislation (paragraph 12, part 2, article 212 of the Labor Code of the Russian Federation), otherwise the head of the enterprise will be subject to penalties for hiring a person who did not check his health before starting work.
Medical examinations are now receiving close attention. Supervisory authorities (Rospotrebnadzor, Labor Inspectorate) monitor compliance with the procedure for hiring citizens and impose penalties on violators of Labor legislation. The fines provided are not small (part 3 of article 5.27.1 of the Code of Administrative Offenses of the Russian Federation).
from 15 to 25 thousand | from an official |
from 15 to 25 thousand | from an official from entrepreneurs without forming a legal entity |
from 110 to 130 thousand | from legal entities |
Employee Responsibility
An applicant does not have the right to refuse to undergo a medical examination upon hiring or any part thereof. He must undergo examination by all required specialists, attend all necessary diagnostic tests, take tests and receive appropriate vaccinations, if required. Otherwise, the contract with him will not be signed, and he will not be hired. Women additionally need to visit a mammologist and gynecologist.
Attention
The fact that the applicant for the position has not yet been hired or is not on staff is not grounds for refusal. Article 69 of the Labor Code provides that the medical examination is carried out simultaneously with the conclusion of the employment contract.
It is necessary to undergo a medical examination within the time limits established by law. A person referred for a medical examination has the right to undergo examinations in any medical institution. But, as a rule, the employee is sent to the outpatient department at his place of residence.
Fire safety training
Instructions on fire safety rules are also carried out at least twice - in addition to the introductory one, it is mandatory to undergo initial instruction directly at the workplace.
The training program is developed by the department responsible for labor protection, after which it is approved by the head of the organization. It should include the following aspects:
- fire safety standards;
- rules that must be followed in the workplace from the beginning of the work process to its completion;
- instructions for familiarization with devices and equipment intended for fire extinguishing and fire communications;
- information on methods for evacuating workers in case of fire.
In addition to the general standards established by regulations, the characteristic features of the organization (used production technologies, materials, equipment, etc.) must be taken into account in the process of developing the program. Since the head of the company is primarily responsible for fire safety, he, at his discretion, can introduce additional provisions into the program.
For your information
In addition to the director of the enterprise, the fire safety briefing program upon hiring is signed by an authorized responsible employee appointed by management. This is usually the chief engineer of the organization or his deputy.
The duties of the person in charge are established by order of the head of the company. After the order is issued, the employee must undergo a training course, following which he is issued a certificate.
Any room can be used for induction training. The number of listeners is not limited. Initial briefing is most often carried out individually and only at the workplace. But a group lecture for several employees at the same time is also allowed if in the process of performing their functional duties they will use the same equipment. It is allowed to involve individual specialists in instructing in order to cover specific topics with which the main instructor is not properly familiar.
Fire safety training is carried out for persons of the following categories:
- newly hired;
- workers under a temporary labor agreement;
- seconded from another unit;
- trainees.
The duration of training is regulated by the approved program, but should not be less than 60 minutes. In this case, the listener should receive the following information:
- about fire safety rules applied at the work site;
- about the most fire-hazardous places and devices, near which it is prohibited to smoke and use any sources of open flame;
- about how to handle flammable substances (how they should be used in production and how they are transported and stored);
- about actions that can cause a fire and how to prevent them;
- about what needs to be done in the event of a fire (calling the brigade on the duty telephone, extinguishing the fire with fire extinguishing means, evacuation methods, etc.);
- about the consequences of failure to comply with established precautions.
Only the person officially appointed responsible for fire safety in the department where the work will be carried out has the right to instruct workers on all of the above issues.
Attention
Training when hiring should not only be theoretical, but also include a practical part - those being instructed must learn how to use the fire extinguishing equipment available on the site and personally inspect the locations of each of them. The instructor must also show where the fire-hazardous equipment is located, the duty telephone for calling firefighters and the designated smoking area.
Upon completion of the briefing, a corresponding note is made in the registration log. Its form and rules for filling out are regulated by the standards of the Ministry of Emergency Situations (N645-2007).
Step-by-step instructions for passing a medical examination when applying for a job
If the applicant receives a positive response to his resume, then the place of future work will issue him a referral to undergo a medical examination. What should the employee do next:
- At the designated time, you must go to the clinic and go to the office where the medical examination begins (usually this is the therapist’s office).
- On the same day, the person receives a referral for diagnostic studies and tests. You can complete them on the same day (if you have time in the morning).
- Decide on visiting other doctors (as a rule, the therapist gives a recommendation on how to quickly undergo a medical examination without wasting time, which doctors to visit and at what time).
- Obtain a medical report or medical record. The medical book takes some time to complete, but you can get a certificate from the medical institution stating that the medical examination has been passed, and the medical book itself is being issued.
- Bring the completed conclusion to the employer. One copy remains in the employee’s personal file at the enterprise. Another copy is in a medical facility.
Additional information
As practice shows, a medical examination when applying for a job can be bypassed in two to three days. There is nothing complicated in this procedure.
Goals and objectives
When registering a new employee, it is imperative to familiarize him with the working conditions in the workplace, and attention should be focused on those points that may pose a danger to the life and health of him or those around him.
The main purpose of the instruction is to teach the employee safe behavior while performing production or job duties.
Instructing workers should be carried out in several stages:
- when an employment contract is concluded;
- regularly - at certain periods of time during production activities;
- every time before performing high-risk work.
Familiarization with safety standards can be carried out by the head of the organization, an employee of the safety department or the head of a structural unit.
What doctors do I need to see?
The standard list of doctors who must be examined when applying for a job looks like this:
- therapist (they start with him and end with him, receiving a final certificate);
- surgeon;
- neurologist;
- ophthalmologist;
- otolaryngologist.
You will also have to take a blood and urine test, undergo an ECG and fluorography, and for women, an additional visit to a mammologist and gynecologist.
This is the standard. But in addition to these doctors, some types of professions require examination by other specialists. This could be a narcologist, a psychiatrist, a gastroenterologist, a cardiologist, or an allergist.
Validity period of the certificate
If a person gets a permanent job for the first time, then certificate 086/у is usually issued. It is good for six months. For civil servants, the certificate is different - 001-ГС\у. Its validity period is one year.
However, the employer may require you to undergo the medical examination again, even if the certificate has not expired. The fact is that sometimes a person passes a medical examination for one enterprise, and then decides to go to work for another organization. And there may be their own requirements.
For your information
Do not confuse the certificate required before starting work and the annual preventive examination of employees. These are different documents and different requirements. As well as additional medical examination for some professions.
Diseases for which a medical examination certificate is not issued
There are a number of diseases or physical defects, the existence of which leads to a negative conclusion from a medical examination about the professional suitability of an employee. Different professions have their own list of such diseases or defects. One of the most stringent professions in relation to health requirements is the profession of a vehicle driver. According to the Decree of the Government of the Russian Federation No. 1604 of December 29, 2014, diseases or medical contraindications are defined for which it is generally prohibited to drive a vehicle. In particular, such diseases include:
- mental disorders, including schizophrenia, mental retardation, affective disorders;
- mental disorders associated with the use of psychotropic substances;
- epilepsy;
- eye diseases - achromatopsia and blindness of both eyes.
In this industry, there are restrictions under which a vehicle can be driven, but subject to certain rules and regulations. For example, persons with a missing hand or entire arm or with a stump of a leg are allowed to drive, but only in cars with an automatic transmission.
For the food industry there is also a list of occupational diseases that exclude the possibility of working in this industry. To them, according to Art. 23 of Law No. 29-FZ as amended on July 19, 2011, covers infectious diseases, including HIV infection.
The issue of undergoing a medical examination when applying for a job is relevant for the vast majority of professions. The procedure and documentary support for this necessary and important procedure are quite fully regulated by the legislation of the Russian Federation. Nevertheless, there are certain insufficiently developed nuances that should be paid attention to by both the employer and the employee sent for a medical examination.
- Author: ozakone
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Payment for medical examination upon hiring
The law requires the employer to pay the costs associated with medical examinations upon hiring, in accordance with Art. 212 Labor Code of the Russian Federation. Or return to the employee the funds spent on the medical examination. Moreover, within a period of no more than 10 days from the date of provision of all supporting documents on receipt of a medical report. Most often, people undergo a medical examination at their own expense in order to later receive compensation for the money spent. Although this path is not entirely legal. The company must pay immediately, and not compensate for the costs later.
IMPORTANT
Sometimes in practice, people are faced with the fact that no one returns their money for a medical examination when applying for a job. This is a violation of the law. And we are talking about an amount that for some is quite significant. Moreover, when a person has not yet managed to earn a single ruble, but is just getting settled. Depending on the region, this amount ranges from 1000 to 3000 rubles.
You can try to get your money back by writing a complaint to the Labor Inspectorate or the prosecutor's office. But job seekers rarely take such a step. However, such integrity sometimes allows them to feel better and more confident in the workplace.
Mistakes made in accounting
Error No. 1. Employees who received compensation from the company for undergoing a medical examination may be dismissed as having failed to complete the probationary period. The opinion that a person needs to return funds is considered erroneous. Enterprises that paid the costs of examining individuals cannot return the funds spent.
The duration of work in the organization (dismissal of a person before the end of the probationary period, term of the contract) does not affect the right to receive compensation. In a similar manner, payment is mandatory in the event that the applicant is declared professionally unsuitable.
Mistake No. 2. Employers who have received a report on the employee’s health may not keep the document. Wrong position. The certificate can be used in the future if labor disputes arise. In case of refusal of employment due to health reasons, a conclusion with restrictions will confirm the competence of the employer’s actions.
What to do if an employee does not pass the medical examination?
Sometimes such a nuisance happens that the applicant has not passed the medical examination. He will be given a conclusion about certain medical contraindications, which can be either temporary or without specifying a time.
Attention
If health problems are temporary - no more than 4 months, then the employee may be offered another vacancy for a certain period, and then transferred to the desired position. If the contraindications are more serious, then the employer does not have the right to hire such an employee (Article 76 of the Labor Code of the Russian Federation). He can only give him an alternative vacancy if one exists.
For the applicant himself, medical contraindications are a warning that this job is not suitable for him and will lead to even greater health problems. So, you should not neglect the medical opinion - not only by force of the law, but also in your own interests.
What types are there?
What kind of training is provided? Let's look at each variety in more detail.
Introductory
There is no set form for induction training. Each company develops this type independently. Upon employment, each newly hired person must undergo induction training to get a little up to speed.
At the same time, undergoing training is mandatory for everyone, regardless of what position he is accepted for, whether he is hired temporarily or on a permanent basis, etc.
The briefing is conducted by an occupational health and safety instructor or other authorized persons. The form of conduct can be different: showing videos, in the form of an interview or presentation, a lecture, etc. The introductory briefing includes all the key points and features of the organization.
In this regard, after gaining knowledge, each employee is required to take a test to show how he has mastered the material. Upon successful completion of the test, the employee receives a mark. If an employee fails to complete the task, he cannot be allowed to work.
Primary
The initial briefing is usually carried out by the management of the enterprise or other authorized persons. Occupational safety training is carried out both individually and in groups. At the end of the event, the acquired knowledge is checked. The result is recorded in a special journal.
An employee has the right to begin official duties only if he successfully passes a mini-exam. If an employee does not pass the certification, then he is given a second chance to retake the test. Until the test is passed, the employee has no right to join the workforce.
Repeated
Repeated briefings are carried out during the labor process, and their completion is mandatory for all employees of the organization. This type of instruction can be carried out either individually or for a group of people. The repeated course is carried out in the same way as the primary one.
The only difference is the time and timing. The period cannot exceed six months. If the work involves hazardous production, the course is conducted once every three months. If employees do not work with dangerous machinery or equipment, they may be exempt from repeated training.
During the repeated briefing, recorded safety violations may be considered, as well as issues related to labor discipline. The results of testing employees on the acquired knowledge are also recorded in a special journal.
Unscheduled
The procedure for unscheduled briefing is monitored by the director of the organization. The composition of this event will directly depend on the reasons for the need for personnel training.
At the end of the training, employees are interviewed orally. After this, all data is recorded in a log.
Reasons for conducting unscheduled training may be:
- new requirements of inspectors from Gosnadzor and other control bodies;
- emergency situations, natural disasters in the organization;
- serious violation of safety regulations;
- making changes or additions to the instructions;
- innovations in the work process (change of equipment, changes in documentation, etc.);
- long absence from work (risk zone – 30 days, other sectors – 60 days).
Target
To conduct targeted instruction, a special order must be issued. This type is carried out every day before the start of work.
The reasons are:
- holding events with students;
- work requiring special permission, admission, etc.;
- order of the head of the company;
- eliminating an emergency situation;
- work that is not included in the list of the employee’s main duties.
Watch the video about the targeted briefing:
Fireproof
Each employee must become familiar with fire safety rules and therefore undergo fire safety training. The learning process includes:
- study of basic safety regulations;
- familiarization with dangerous places at the site;
- ability to correctly use protective equipment in dangerous situations.
What fire awareness is provided? During employment, the following types of fire safety training are carried out:
- introductory;
- primary;
- repeated;
- planned;
- unscheduled.
- target.
Can you be fired if you fail a medical examination upon hiring?
According to the law, an employee who fails to undergo a mandatory medical examination upon hiring may be dismissed. It all depends on the duration of the contraindications specified in the medical certificate: more than 4 months or less than 4 months. In case of short-term health problems, the employee may be offered temporary work in another position. In case of long-term problems, they may be offered a position that allows the employee to work for medical reasons and professional reasons. Or they are fired, since medical contraindications are a serious reason for this.
For your information
If an employee is transferred for health reasons to another position with lower pay, but without a change of manager, then he must be paid his previous salary within a month. And if he is fired, then he must be paid everything that is due by law, including for unused vacation.
Pre-trip medical examination: scope of research
Based on Order of the Ministry of Health No. 835n; Clause 10, keep in mind that the standard is currently being edited. The order in connection with the introduction of remote medical. monitoring the health status of employees does not meet the new requirements. The changes will affect the scope of PMO research conducted.
When undergoing an in-person medical examination, nothing changes, therefore, until the updated document comes into force, they adhere to the previous Rules. At the appointment, the health worker must:
- Listen to the driver’s complaints about how he feels, whether there are any reasons for referral to a clinic. An employee is not allowed to drive a car if: there is pain in the heart, headache or toothache; symptoms of gastrointestinal disorder appeared; there are signs of acute respiratory viral infection (this is especially true during the COVID-19 pandemic), etc.
- Inspect visually: observe the behavior and self-control of the employee; examination for damage to the skin and mucous membranes, traces of injections, identification of characteristic signs of intoxication, poisoning, lethargy or, conversely, hyperactivity.
- Measure parameters: temperature, AD (pressure), pulse.
- Conduct a test for intoxication (hangover syndrome).
If there are no contraindications to driving, the measured indicators are within the normal range, a stamp indicating the pre-trip medical control has been completed is placed on the waybill. The health worker certifies the admission with a personal signature, writing down his last name + initials, indicating the date and time spent on the procedure.
Results of paragraph 12 of the Order of the Ministry of Health of the Russian Federation
12. Based on the results of the pre-shift, pre-trip and post-shift, post-trip medical examination, the medical worker issues a conclusion on:
- presence of signs of exposure to harmful and (or) dangerous production factors, conditions and diseases that interfere with the performance of work duties, including alcohol, narcotic or other toxic intoxication and residual effects of such intoxication (indicating these signs);
- absence of signs of exposure to harmful and (or) dangerous production factors, conditions and diseases that interfere with the performance of work duties, including alcohol, narcotic or other toxic intoxication and residual effects of such intoxication.
Additional research
In cases where it is clear from external behavior that the driver is intoxicated, although the alcohol test turned out to be negative, a urine test is performed. If psychotropic substances are detected in a biological sample, the employee is suspended from work. The doctor writes a referral to the clinic to confirm the diagnosis - drug poisoning.
The certificate indicates (clause 19 of Order of the Ministry of Health No. 835n):
- Serial number of the document.
- Full date (time up to minutes) of the procedure.
- Type of inspection.
- Reason and purpose of referral to honey. institution.
- Preliminary diagnosis.
- What diagnostic measures or medical care were provided.
- Doctor's signature with surname + initials.
Note: A post-trip (post-shift) medical examination is carried out to the same extent to identify signs of intoxication, fatigue, exacerbation of chronic diseases, etc. Article 46, paragraph 2, part 4-5 of the Labor Code of the Russian Federation No. 323-FZ indicates the meaning of each type of medical care. control.
The purpose of regular medical examination of drivers
4) pre-shift, pre-trip medical examinations carried out before the start of the working day (shift, flight) in order to identify signs of exposure to harmful and (or) dangerous production factors, conditions and diseases that interfere with the performance of work duties, including alcohol, narcotic or other toxic intoxication and residual effects of such intoxication;
5) post-shift, post-trip medical examinations carried out at the end of the working day (shift, flight) in order to identify signs of the impact of harmful and (or) dangerous production factors of the working environment and the labor process on the health of workers, acute occupational disease or poisoning, signs of alcohol, drug or other toxic intoxication;