How they are fined for failure to conduct medical examinations: the organization as a whole or for each employee.

Amount of fine for failure to undergo a medical examination

The employer believed that the relevant norm applies only to organizations whose activities are related to the sale of food products. In addition, workers whose medical examinations were not organized were engaged in administrative work and were not directly involved in the sale of products.

Responsibility for the absence of this document (or if it is expired) lies with both the drivers who committed the corresponding violation and the officials who are responsible for allowing the vehicle to be transported. Labor Code of the Russian Federation. Consequently, if he does not have a valid reason for such a refusal, then his actions constitute a disciplinary offense for which the employee can be subject to disciplinary action.

Above is the main list of professions that require a strict full medical examination and registration of a health certificate. Representatives of such professions, as well as certain industries, must undergo a medical examination 3 to 4 times a year.

All courts, in overturning the above-mentioned decision, were guided by the same circumstance. The Rospotrebnadzor authorities did not indicate in the resolution on the case of administrative violation all the circumstances of the case under consideration.

In particular, Order No. 302n, for example, provides for a mandatory medical examination for all employees whose performance of work duties involves spending more than half of the established working day on personal computers and similar technical devices.

If the employer (entrepreneur or company) refuses to organize medical examinations, he faces punishment under Art. 5.27 of the Administrative Code in connection with violation of legislative norms in the field of labor protection and organization. Such violations can be identified by a state inspector during scheduled inspections or by the prosecutor’s office upon receipt of a corresponding complaint from an employee.

Grounds for dismissal of an employee who has not passed a medical examination

If an employee is suspended from work due to failure to undergo a periodic medical examination, and after a certain time the employer still does not have a medical examination report in hand, then the employee can be dismissed on the initiative of the employer in accordance with clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation (repeated failure to fulfill labor duties without good reason)

Both Rospotrebnadzor and labor may punish for the lack of a medical examination

In accordance with Art. 143 of the Criminal Code of the Russian Federation, offenders will face the following punishments:

fine (for failure to undergo periodic medical examination of hired personnel, among other things) – up to 400 thousand rubles;
compulsory work (180-240 hours);
repair work (up to 2 years);
forced labor (up to 1 year);
imprisonment (up to 1 year).

The employer is responsible for organizing (including issuing referrals) and paying for all types of medical examinations and examinations provided for by the Labor Code of the Russian Federation (clause 11, part 2, article 212). At the same time, he is obliged not to allow persons to work who have not passed the specified medical examinations (clause 12 of article 212 of the Labor Code of the Russian Federation). Analysis of a smear for the presence of sexually transmitted diseases, which are not cheap, then he bears administrative responsibility under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for offenses in the field of labor protection and organization.

In one of the regions of the Republic of Bashkortostan, the leadership of the Municipal Educational Institution Secondary School employed several minors. The management of the organization entered into an agreement with several minors in the absence of medical certificates. The State Tax Inspectorate imposed a fine on the organization. The organization appealed the decision of the State Tax Inspectorate in court.

Consequently, an employee’s refusal to undergo a psychiatric examination is not illegal behavior even when undergoing this procedure is recognized as mandatory.

In accordance with clause 13.1 of SanPiN 2.2.2/2.4.1340-03, persons working with a PC more than 50% of the working time (professionally associated with the operation of a PC) must undergo mandatory preliminary upon entry to work and periodic medical examinations in the prescribed manner.

Medical examinations are an important component of occupational safety and health requirements within an enterprise. provides several options for medical examinations: preliminary, periodic, pre-trip and post-trip, psychiatric examinations.

The Labor Code of the Russian Federation establishes labor protection requirements, which include the employer’s obligation to conduct a medical examination of employees.

The entrepreneur is informed about an unscheduled inspection one day before it begins (exception: food-related industries - an unscheduled inspection may come to them without warning).

Medical examination: duties, rights and responsibilities of the employer

Conducting regular periodic inspections for employees for whom they are necessary is the direct responsibility of the employer. For violation of effective labor protection standards, in particular for violation of the procedure for conducting medical examinations, the employer may face administrative and even criminal liability.

However, Russian legislation also provides the employer with several additional opportunities to influence employees in connection with a medical examination and makes it possible to freely set separate standards for employees to undergo medical examinations.

Table of contents:

The employer's obligation to conduct medical examinations is established, first of all, in the provisions of Art. 212 and 213 of the Labor Code of the Russian Federation. A complete list of harmful work factors is listed in the provisions of Order No. 302n of the Ministry of Health and Social Development, which entered into force on April 12, 2011. The determination of harmful factors affecting employees is carried out by the labor inspectorate as part of a workplace inspection, or by employees of Rospotrebnadzor.

Please note that the above-mentioned order No. 302n may include such harmful factors as those that do not qualify the workplace and production as harmful or dangerous. In addition, this document also contains a list of enterprises and activities at which medical examinations are carried out regardless of the presence or absence of various types of employees.

Moreover, if a medical examination is mandatory, then it must be carried out both upon entry to work and at the frequency specified in the above order.

In addition, a special procedure for medical examination may be provided for by orders of regional or municipal authorities, expanding the scope of application and tightening federal standards. However, municipal and regional authorities do not have the right to cancel the norms adopted at the federal level and simplify the procedure for medical examination.

Important fact Medical

Who and in what situations is responsible for the lack of medical care. books?

There is no specific punishment for the absence of a waybill for officials and legal entities, however, such persons will incur sanctions for indirect violations related to the preparation of this primary document.

The full list is in Law N 294-FZ. As for 2021, legislators, at the end of 2021, extended the period of “test holidays” for another two years, until December 31, 2021 (see Law No. 480-FZ of December 25, 2018).

A waybill must be issued for each vehicle that is owned by a legal entity or individual entrepreneur and is used for passenger or freight transportation.

There are often cases when, during inspections of trading floors or local markets, workers do not have the necessary documents confirming their ability to be allowed to work.

In such situations, a fine is imposed on the employee or owner of the enterprise for the lack of a medical record from the seller. Therefore, every employer is fully responsible for the people they hire. In Kaliningrad, Rospotrebnadzor authorities conducted an inspection of OJSC Reftrasnflot to ensure sanitary and epidemiological well-being.

As you can see (see above), part 2 of Art. 20.7 of the Code of Administrative Offenses of the Russian Federation is formulated in such a way that it covers a large number of possible violations in the area under consideration. That is, according to it, the Ministry of Emergency Situations will issue a fine for the lack of an induction briefing log, and a fine for failure to conduct civil defense training, and will punish for the lack of an order for induction briefing (of course, there will be one fine for all identified violations).

If the inspector sees any inconsistencies or errors in the submitted materials, he will require explanations in writing, 10 working days are allotted for this. If the additional data provided does not satisfy the inspector, he will schedule an on-site inspection by issuing an appropriate order.

Online magazine for accountants

The result is a vicious circle : as such, the current legislation does not provide for a fine for failure to undergo a mandatory audit. However, it is impossible to obtain an audit report without third-party specialists analyzing the financial statements.

If an organization, by virtue of the law, must conduct a mandatory audit of its annual reports, it means that an audit report must be submitted to the local branch of Rosstat at the place of registration, along with a copy of the financial statements. Moreover, to be on time. Otherwise, the penalties for mandatory audit are as follows (Article 19.7 of the Code of Administrative Offenses of the Russian Federation):

Common mistakes during medical examinations

If in 2012 violations were detected only at every 16th inspection, now - at every ninth. The number of violating employers has almost doubled.

As for the preliminary (upon entry to work) medical examination, if it is carried out before the conclusion of an employment contract, the time of its completion, of course, cannot be considered working, since the employment relationship has not yet arisen.

As Gerasimova noted, employers mostly neglect the medical examination of employees in commercial and industrial enterprises of small and medium-sized businesses. In the transport sector, control over this has been tightened, she noted.

Ignoring deadlines or medical examination procedures

In case of temporary incapacity for work (issue of sick leave), the examination period should be extended. An employee’s refusal without a good reason should be followed by clarification of the reasons and disciplinary liability.

Having sent an employee to a medical institution according to an order, the manager is obliged to monitor the execution of the order. If disciplinary action does not follow because the manager does not consider it necessary, removal from work is a mandatory condition for this offense.

The procedure for removal is not regulated by law, nor is the period during which it must be observed. The resolution of this issue is left to the discretion of the employer. More often this is a period of three to seven days. The sooner the medical examination is completed, the sooner the employee will be restored to full wages - this is in the interests of the employee himself. If during the suspension there is a period of incapacity for work on sick leave, payments are made on a general basis.

In addition to dismissal and failure to sign an employment contract, a form of disciplinary punishment can be applied - dismissal, which is used for repeated punishment.

There is no fine as a punishment for this violation of labor discipline.

According to Art. 212 of the Labor Code of the Russian Federation, the employer has the right to remove an employee from performing his duties without a mandatory examination by a psychiatrist or due to contraindications from a medical institution. Failure to appear for a mandatory examination may result in dismissal or punishment for absenteeism, unless there is a valid reason for missing a visit to a medical facility.

The video describes in detail the legal procedure for undergoing a medical examination when applying for a job.

Deadlines for Rospotrebnadzor inspections

The labor inspectorate may fine the employer if the employee does not undergo the next medical examination in accordance with the legally established period.

Rospotrebnadzor plans to tighten control over employers whose employees must undergo mandatory medical examinations. We are talking about employees of food, industrial, transport, educational and medical organizations, as well as enterprises where production involves harmful and dangerous substances.

Some types of activities require employees of certain organizations to have the necessary documents. Since 2021, the inspector cannot demand documents and any information located in state registers (what they can check on their own, for example: TIN).

The employer is responsible for organizing and paying for medical examinations. Hired employees must undergo a medical examination within a specified time frame. Failure to fulfill these obligations threatens each party with liability.

The owner of the organization must bear full responsibility to the state for providing a job position to a citizen who does not have a properly issued personal health record.

Travel documents, in accordance with Part 2 of Art. 6 of the Charter, are necessary for drivers to carry out passenger and freight transportation when driving trams, trolleybuses and other electric ground transport.

Many Rospotrebnadzor inspections are unscheduled and initiated as a result of complaints from the public (for example, about loud music in an establishment or about garbage storage).

There are police officers on the threshold of your office, demanding to be let into the office. 1. How to behave if an inspection comes to you? 2. What should be required from the authorities conducting the inspection, including police officers? 3. What should you pay attention to during the inspection? 4. What powers do police officers have? 5. The procedure for confiscating documents and personal belongings.

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Why

Who is required to have a medical record?

Workers who, due to the nature of their work, are forced to have contact with products, teach children, work in a beauty salon, etc. must undergo regular medical examinations, the results of which are recorded in the LMC.

Those who work in the following industries must undergo medical examinations:

public catering;
trade;
upbringing and education;
sanatoriums and holiday homes.

There is a large list of departmental regulations governing the established rules. Order No. 302 reveals the list of services that require medical examinations.

The Decree of the Ministry of Health No. 1100/2196-0-117 published a list of employees who are required to undergo a hygiene examination, these are the employees:

hotels;
dormitories;
bath and laundry organizations;
swimming pools, hairdressers.

Which employees must undergo inspection can be read in the document published by the Supreme Court (N 34-AAD17-5 dated November 8, 2017).

From all the listed official decisions, the conclusion follows: all employees of a specialized organization, including accountants and administrators, must legally acquire medical records.

A detailed list of employees who are required to undergo medical examinations is present in the resolution of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011, number 302. An employee with specialized experience can have a ready-made medical certificate in his hands.

In this case, he must undergo additional examinations in cases where the administration asks him to do so. A referral is issued to the appropriate medical institution, the applicant for the position undergoes an examination, and receives a conclusion on professional suitability. All information is entered into the LMC.

What is the penalty for not having a document?

Criminal prosecution may be initiated if violation of sanitary rules leads to death or loss of health of citizens.

During the investigation of the incident, all details are checked, not only the quality of the products, but also the availability of appropriate permits for employees who participated in the work cycle.

According to the rules approved in 2014, products and the conditions in which they are stored are also checked. The employer pays a fine from the organization’s budget if he did not control the employee’s availability of a medical document. Administrative sanctions are also possible against the employee himself.

All information after the examination is recorded in the medical book; the form was established by Rospotrebnadzor Decree No. 42. If a person performing labor duties does not have a medical record, then this is a serious offense; the head of the enterprise is responsible for this precedent.

The rules state that an employee does not have the right to begin work if he does not have the necessary official papers.

The Labor Code established requirements regarding preventive medical measures, which can be read in the articles:

Also important details are disclosed in the laws:

Such a measure is an effective tool for preventing the occurrence of infectious diseases.

Amount of fine

The fine for the absence of a medical book on an employee is mandatory; its amount depends on the severity of the offense committed:

administrative penalties in relation to employees at the rate of 1 to 5 minimum wages;
the official who made the mistake is obliged to pay from 5 to 10 minimum wages;
the organization may suffer penalties from 100 to 200 minimum wages, as well as a freeze on labor activity for a period of ninety days;
an entrepreneur who has not opened an account usually pays from 5 to 10 minimum wages. A ban on continuing activities for a period of ninety days is also possible.

Who will be responsible for the violation?

For example, if a required document is missing (or it is expired), then business managers are required to pay a fine. Strict differentiation allows you to accurately understand the amount of penalties. Violation of the procedure for undergoing examination at the clinic will result in administrative punishment under two articles.

Administrative Code Article 6.3 (punishment of up to 1,000 rubles for individuals, fine of up to 20,000 rubles for organizations). The company's activities can also be frozen for up to 90 days.

Article 5.27.1 of the Code of Administrative Offenses discloses the amount of fines for allowing an employee to work without undergoing a medical examination:

up to 25,000 rubles for individual entrepreneurs and management companies;
up to 130,000 for organizations.

It is possible to bring to punishment within a year after the discovery of the offense.

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Other types of liability

Disciplinary liability for violation of labor protection requirements

Management, based on Article 192 of the Labor Code, has the right to impose a disciplinary sanction on the employee. This could be a reprimand, a reprimand, or even dismissal.

Of course, the measure of responsibility must be comparable to guilt; for example, it is impossible to lay off an employee because of a minor mistake. It is also impossible to impose two penalties for one detected violation.

Traditionally, when a violation is detected, an employee writes an explanatory note. Analysis of the causes of the offense allows, if possible, to mitigate the punishment and prevent future violations.

Next, in accordance with the decision made by management, an order is issued fixing the penalty. The employee must be familiarized with it against signature within three days from the date of issue of the order.

Unlike other types of liability, disciplinary punishment is lifted automatically after 12 months, unless, of course, during this time the employee has committed new violations.

The employee can appeal to the administration of the enterprise with a request to remove the penalty if he can prove his position. If you disagree with a disciplinary sanction, you can contact the labor dispute commission. It is important that the appeal be filed no later than 90 days from the date of collection.

In addition to ordinary employees, persons responsible for occupational safety at the enterprise may be subject to disciplinary action. For example, the responsibility of a manager for violating labor safety requirements in the form of failure to provide safety training on a specific machine when an employee started work and was injured.

An employee has the right to refuse work if the organization does not comply with its duty to ensure safety at work, for example, to provide PPE. In this case, disciplinary action cannot be imposed.

Administrative liability for violation of labor protection requirements

All employees of the organization, “from the bottom to the top,” can be involved in this type of responsibility. The punishment is imposed based on Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation.

Making a decision to impose a penalty is the responsibility of State Inspectorate employees or heads of State Supervision bodies (firefighters, for example). If a case of administrative violation is filed, it is considered in court.

What violations are possible?

Violation of the requirements of federal laws and other regulations of the Russian Federation.

For this, a fine is imposed or a warning is issued depending on the severity of the violation.

If a fine is imposed on a specific employee, its amount ranges from 2,000 to 5,000 rubles. Legal entities are fined from 50,000 to 80,000 rubles. Approximately the same proportion will be observed for other fines.

Violation during the implementation or failure to carry out the special assessment.

In this case, for violation of labor safety standards, officials are fined by the State Labor Inspectorate inspector in the amount of 5,000-10,000 rubles, legal entities - from 60,000 to 80,000 rubles.

For example, the SOUT at the enterprise was carried out with a gap of several weeks from the date of the previous inspection. This is a serious violation, and the organization was fined 50,000 rubles.

Violations regarding the access of employees (lack of instructions, medical examinations, testing of knowledge of occupational safety, etc.).

The employee who committed the violation will pay a fine from 15,000 to 25,000 rubles, the organization - from 110,000 to 130,000 rubles.

The fine amounts are multiplied by the number of identified employees with security clearance violations. So, for example, if 5 people did not undergo a medical examination on time, the company will pay at least 550,000 rubles. and will be required to conduct a medical examination in the near future.

Violation of the availability of PPE.

This violation is considered very serious and is punishable by large fines. So, the company will pay 130,000-150,000 rubles. for each employee without PPE, official - from 20,000 to 30,000 rubles.

Repeated administrative offense.

Fines for a secondary violation have been increased to the maximum and range from 30,000 to 40,000 rubles. for a responsible employee. An organization can be punished in an amount from 100,000 to 200,000 rubles. In some cases, the activities of the enterprise are suspended for up to 90 days.

No penalties compensate for the consequences of administrative violations committed; however, the requirements of the laws must be fulfilled after penalties in full.

Financial liability for violation of labor protection

Financial liability is compensation by an employee to the employer for material damage caused as a result of a violation of safety requirements.

In this case, we are not talking about compensation for possible and lost profits, but specifically for damage that was actually caused and proven (238 Article of the Labor Code). If the employee himself suffered some damage as a result of his own actions, management may refuse to pay.

The amount and schedule of payments is usually determined by the employer. Based on the status of the employee, the employment contract and the history of their relationship, he may insist on full or partial compensation.

An employee accidentally spilled a glass of tea on the device. Since eating and drinking in the work area was strictly prohibited, he had to compensate the company for the cost of repairing the device.

In order for an employee to bear financial responsibility, it is necessary:

reaching adulthood;

evidence of harmful actions that violate occupational safety requirements or inaction;

confirmed material damage to the enterprise.

Civil law

Civil liability arises from the employer to employees if he is guilty of violating occupational safety regulations. First of all, it includes compensation for harm, penalties, losses if someone was injured. Article 234 states that management is obliged to compensate the employee’s income if, due to the fault of the administration, his right to work was limited.

An employee was injured because his workplace was not equipped with protective equipment. He must be paid both lost wages and verified medical rehabilitation expenses.

Fine for lack of medical record

Some categories of employers are obligated to allow employees to work with citizens, food, and water only after a medical examination, confirmation of their full health and with the appropriate notes in the medical book. Failure to comply with these requirements may result in administrative and sometimes criminal liability. Let us examine in more detail what the fine is for the lack of a medical record from a seller, driver, or other employee of an individual entrepreneur or organization in accordance with the article of the Code of Administrative Offenses of the Russian Federation.

Who is required to obtain a medical certificate?

At the legislative level, a number of categories of workers are required to undergo regular medical examinations. These standards are enshrined in:

Labor Code (Articles 212, 213);
Federal Law No. 29 on food safety and quality;
Supreme Court Resolution No. 34 - AD17 - 5;
Federal Law No. 52 on compliance with sanitary and epidemiological rules;
Order of the Ministry of Health and Social Development No. 302 N;
Letter of the Ministry of Health No. 1100 / 2196 – 0 – 117;

Although the specific titles of employee positions are not defined in these regulations, they list areas of activity in which passing medical commissions and examinations is the responsibility of each employee. In turn, such areas and institutions include:

Production direction in the field of beverages and food;
Companies specializing in catering services;
Trade in food products;
Medical institutions;
Kindergartens, schools, and other educational institutions;
Enterprises organizing and maintaining water supply and plumbing facilities.
Travel companies;
Public baths, swimming pools, saunas;
The sphere of hotel business and provision of temporary accommodation services;

At the same time, the logical question would be, who exactly should have a medical book in these areas of employment, and who should undergo a medical examination?

From the above documents and their explanations, we can conclude that the established requirements apply to all personnel, regardless of specialization, as well as the presence of contact with people or food products. Thus, every employee should have a medical book: laboratory assistant, engineer, salesperson, driver, economist, etc.

Who is required to undergo a medical examination?

The list of persons for whom a medical examination is mandatory is determined by labor standards:

Employees, if they are under 18 years of age.
Employees whose workplace, according to the carried out special safety regulations, is exposed to hazardous and harmful factors.
Workers in the food industry, catering organizations, direct trade enterprises.
Employees who work on a rotational basis.
Enterprise employees whose workplaces are underground.
An employee of companies whose activities are carried out in the territories of the Far North and equivalent regions.
Private security workers.
Professional athletes.
Employees of educational institutions.
Workers associated with the transport department.

Attention! Russian legislation may expand this list of persons.

Who checks the availability and originality of the health record?

First of all, when employing an employee in a field of activity where medical records and medical examinations are required, the availability and compliance of documents must be checked by the employer. Since, it is he who is responsible for compliance with legal standards in the work process, as well as the admission of employees to perform their official duties.

At the same time, government bodies control the activities of organizations by:

State Labor Inspectorate;
Sanitary and epidemiological station;
Prosecutor's Office;

It is these institutions that have the right to issue protocols for the absence of a medical record. In addition, not only the presence, but also the authenticity of medical books can be checked. In this case, the inspector will pay special attention to:

Availability and originality of the seal;
Watermarks, as well as security elements;
Registration number.

It is worth noting that for the employee and the company that hired him, a fine for lack of a medical record will be the least possible punishment. The situation is much more serious when identifying counterfeit documents.

How and where to pay fines?

Details for paying fines must be provided by the body that holds the individual entrepreneur or legal entity accountable. In this case, it is the State Labor Inspectorate. Payment must be made through a bank so that you have documentary evidence on hand. If there are several fines, each of them must be paid separately. Receipts should be retained.

Organizations and individuals are given 60 calendar days to pay penalties. The countdown begins from the day the decision to impose a fine comes into force. Offenders are not required to send copies or original receipts to the authority that issued the order.

Fine for lack of a medical record.

For the absence of a medical record, as well as other non-compliance with the rules for undergoing medical examinations by the employee and the employer, administrative liability is provided. In this case, punishment can occur under either one or two articles of the Code of Administrative Offenses at the same time.

Firstly, according to Article 6.3, the absence of a medical book can be equated to a violation of sanitary and epidemiological standards and entails a fine for:

Individuals: 100 – 500 rubles;
Officials, as well as individual entrepreneurs: 500 – 1,000 rubles;
Legal entities: 10,000 – 20,000 rubles;

In addition to a fine, violators may be punished with a warning, as well as suspension from activities for 3 months.

Secondly, the absence of a medical book means a violation of the frequency of mandatory medical examinations before entering the workplace. As a consequence, under Article 5.27.1 the employer may be fined a larger amount:

Individual entrepreneurs, as well as officials: 15,000 – 25,000 rubles;
Legal entities: 110,000 – 130,000 rubles;

The statute of limitations for this illegal act is 1 year. If the violation committed is revealed during this time during scheduled or unscheduled inspections of Rospotrebnadzor or the labor inspectorate, then the perpetrators can be held accountable under the above-described articles of the Code of Administrative Offenses of the Russian Federation.

Criminal liability for lack of a medical record.

So, the absence of a medical record from an employee may result in administrative liability in the form of a fine in accordance with the articles of the Code of Administrative Offenses of the Russian Federation. But can such an offense result in criminal liability?

The very fact that an employee does not have a medical book is not a criminal offense.

However, a common case is the provision of sanitary records of an unknown type to the employer. Such copies are purchased at unauthorized places of sale (subway crossing, shopping kiosk, etc.) and are not officially registered. As a result, it is precisely such actions that are equated to forgery of documents and entail criminal punishment in accordance with Article 327 of the Criminal Code of the Russian Federation.

When this fact is established, the owner of a fake medical record may be:

Fined up to 80 thousand rubles;
Engaged in compulsory work for up to 480 hours;
Arrested for up to six months;
Punished by correctional labor for up to 2 years;