The laws in force in our country regulate who and under what conditions, with what frequency should attend a medical examination. Drivers, teachers, food industry workers and many other hard workers of our country are regularly required to go through a full range of examinations. Obligations to organize such studies are assigned to employers. Payment for the event is also included in the area of responsibility of the legal entity.
General view
Not everyone is guided by how frequent should be the conduct of mandatory medical examinations. Understanding in this area should primarily employers who do not want to come into conflict with the laws. If the procedure is not organized correctly, employees can contact a special inspection to protect their rights. In addition, inspection authorities may issue a fine or apply other sanctions in case of violation of laws.
Such stringency is due to current recruitment requirements. Explaining why a medical examination is necessary, personnel specialists usually remind that it is unacceptable to accept the work of a person who has not passed the psychiatrist’s commission successfully and other doctors if the duties are included in the list of posts accepted at the federal level that requires such checks. You can’t hire a person who has contraindications to activity.
General theory
The medical commission for work is such a control study involving professionals, during which the general health status of the employee is studied. A physical examination allows effective prevention of diseases associated with a particular profession, and also ensures the safety of both the worker himself and the people interacting with him.
The current laws of our country regulate several forms, each of which has its own deadlines for medical examinations for employees. It should be mentioned:
- preventive;
- after flights;
- preliminary;
- periodic;
- before the shift;
- others declared by separate regulatory acts.
And if more?
Prevention involves the identification of pathologies at the initial stage. Such a study of the staff makes it possible to notice the factors stimulating the development of the disease, to prevent the situation on time, and to apply measures for recovery. Preliminary examinations are organized before being admitted to the staff of the staff or to the number of students of the institution. Periodic medical examinations of workers are organized at certain time intervals. The idea of such an event is to monitor the health of the entire staff of the enterprise.
Particularly noteworthy are studies of company workers before shifts and upon completion. Before the start of the flight, before the start of the working day, the person’s condition is examined to determine if there are signs of a negative influence of factors associated with production. They also check the presence of diseases, conditions that do not allow to fulfill the duties assigned to the employed person. A post-trip medical examination is organized for the same purpose, the difference is only in the moment of the conduct - when the shift, the flight ends. Check for signs of intoxication with toxic components (including alcohol, drugs).
There are many options
In addition to all of the above types, the law contains a reservation regarding other types of medical examination.The above list, despite the coverage of a large number of situations, is still incomplete.
Currently, some workers must undergo specialized procedures. Passing a physical examination of the so-called deep type is a kind of periodically held event. The difference is in the number of specialists involved in the study of the condition of workers. Additionally, a wider variety of methods for studying the human condition is used.
It’s necessary - it means it’s necessary
The current legislation clearly regulates situations where inspections have to take place without fail, excuses are impossible. It is devoted to these rules of the Labor Code, and specifically, the article published under number 213. It mentions the need for periodic medical examination of workers who are forced to come into contact with harmful conditions or work in a place classified as dangerous. This also applies to those who work underground. Without fail, such events are organized for personnel working with traffic.
They know that such a form 302H, referral for a physical examination of persons working in the food industry. This applies equally to organizational processes and to ensuring the operability of public catering and trade places. The same rules apply to those who work in medical facilities, work with children or ensure the operability of plumbing facilities. There are also specific individual subtypes of activity, when activated, on which employees must regularly visit doctors to check their condition. This mainly applies to those who are constantly in contact with sources of high danger.
Attention to conditions
Factors that must be considered dangerous, harmful are established at the federal level by an order issued by the Ministry of Health. The list contains all the works, when involved in which the staff has the right to regular medical examination by qualified doctors.
I want to work hard!
The medical commission for work is a prerequisite for those interested in obtaining positions in certain specialties, jobs. You will have to go through a doctor before hiring a minor citizen or wanting to work as a shift, as well as interacting while working with transport. Before the device, doctors pass those whose future workplace will be underground. A special approach is required by athletes and citizens who receive work in the Far North or in areas equivalent to it by law.
A medical examination is organized for a medical book with the involvement of qualified personnel. Such an event is held in an institution that has received the appropriate license. Inspections are carried out according to a certain scheme generally accepted on the territory of our state.
What to do?
In order to receive a referral for a physical examination when applying for a job, to undergo a periodic examination and other regular activities related to health research at the workplace, it is necessary for the employer to formalize all the stages of this procedure. The regime first involves the formation of a list of names of persons who need to visit a doctor with an agreed frequency, after which the sheet is sent to Rospotrebnadzor. You must do this within ten days from the date of approval of the document. Having completed the first official stage, you can choose a suitable day from which the interaction with the medical institution will begin.
Before the medical examination of workers begins, the medical institution must receive a list of all the persons to whom the examination is given. It was recommended that such a document be sent two months before the start of a routine inspection of workers.Ten days before the event, the employer should familiarize with the drawn up and agreed schedule of all interested workers. From each take a signature confirming receipt of information. After that, you can proceed to the registration of directions and distribution of documentation to workers. The final stage is reporting to the FSS about the event. To do this, fill in the standard 4-FSS plate.
Institution: what to do?
In order to conduct a medical examination of employees of a client organization, a medical firm must draw up an action plan in accordance with the calendar, officially confirm the client’s consent with him, and then approve it. This is organized by obtaining the signature of the general director of the organization, followed by certification of the document with the company's seal. After that, you can proceed to the creation of a standing commission responsible for inviting narrow specialists, if necessary in the specific case.
The next stage is obtaining biological fluids from workers and researching the health status of doctors. A medical examination form is drawn up, a medical card, a health passport are issued, if this has not been written out before. By the time the research is completed, the person receives a personal passport and two copies of the conclusions. They are certified by the signature of the chairman of the medical board. One paper is intended for the citizen himself, the second is stored on the card.
What's next?
If the medical examination of the employee revealed the symptoms of occupational pathology, the citizen is sent for further examination to a specialized center. At the end of the event, Rospotrebnadzor, a medical institution, and the employer jointly prepare general reports on the event. Based on the collected documentation, it is necessary to issue a medical examination certificate. This is given 30 days from the date of completion of medical research.
As soon as the act is fully prepared and approved by all parties involved, there are five days for the official sending of the document to interested parties. The paper must receive:
- the company in which the employees are employed;
- Rospotrebnadzor;
- Center for Occupational Pathology Responsible for the Region.
Personal involvement
During the medical examination, the employee is responsible for the timely arrival at the previously agreed place of research. A person must have documentation with him. The compulsory list includes identification documents (passport), direction and decision of the commission, which has already carried out an examination of the psyche, if necessary in a particular case. If a health passport was previously issued, this document must also be carried with you. Having appeared on the established day and time, a person led by the staff of the institution goes through all the necessary activities.
What's next?
After going through the list of doctors, a person may encounter results that encourage to sign up for additional examinations. In some cases, an extraordinary inspection is allowed. Also, the employer can give direction to someone who is still planning to get a permanent place with him. Such an event is called preliminary.
When drawing up a direction for employees (including potential), the full name of the enterprise, data on OKVED, PSRN, the exact geographical location of the company (address) should be indicated in the document. In the document, the employer indicates what type of inspection is required, and also prescribes data about the person taking place the event - the date of his birth, full name, name of the unit where the person will work in the future, if any. The name of the profession is indicated, (if necessary) the types of work, factors (dangerous, harmful) that will have to be encountered during the work process are listed.
Official features
When issuing a referral, it is important to properly draw up documentation so that the employee does not have problems in the medical facility. The signature on the document is put by a person who is authorized by the company to certify such papers. In this case, the full name and position of the person are prescribed in detail. The direction is transferred to the job applicant when organizing a preliminary inspection against signature. The task of the enterprise is to take into account all issued directions.
A person who is interested in entering the workplace must come at the appointed time at the appointed time, having with him a complete list of documents listed above. When the entire list of doctors is completed, laboratory tests are completed, the preliminary examination is considered complete. As the event ends, the job seeker receives a conclusion with conclusions regarding the presence of contraindications for working in the desired position. All information is carefully and meticulously recorded in a medical book.
Laws and regulations
Article 214 of the Labor Code obliges citizens wishing to find a job to first have a medical examination if the workplace is one of those mentioned in the Labor Code. Working in such a position, in the future you will have to regularly undergo inspections with a given periodical, extraordinary, for which the employer draws up a referral. In the area of responsibility of the enterprise, it is regular to organize such inspections, and not past workers not be allowed to fulfill obligations at work until a person visits a doctor and receives all the conclusions and examinations necessary for legal work.
When applying for a job, a certain citizen can avoid undergoing a medical examination and refuse to take such an event in an official manner. The law declared: the employer is obliged to refuse such an applicant. A refusal will also have to be issued if a person who wants to get a job finds medical contraindications for such employment.
Missed moment
If the workplace is such that it is necessary to arrange a medical examination when hiring an employee, but the employer missed this point and took the person to the place, he completed it completely without a medical certificate, such a mistake could lead to a considerable fine. The controlling authority is entitled to write it out when checking the documentation, workplaces, the compliance of workers with qualifications and other parameters. The law threatens administrative liability.
Additionally, if such a mistake is discovered, it will be necessary to complete the labor agreement, since the rules of the conclusion declared by the Labor Code, Federal Law were violated at the stage of signing the paper by both parties. In the sphere of responsibility of the employer, an offer to an employee of a different position in which a person can work in the current state of health without harming himself.
Who is guilty?
If a mistake has been identified that requires termination of the labor agreement, you must first determine whose fault is in the incorrectly concluded agreement. If the employee is not guilty of being in such a workplace, where he should not be contraindicated on the basis of his state of health, the person has the right to receive severance pay at the time of dismissal. This is calculated based on the average monthly wage. If it is discovered that the employee is guilty of what happened, the employer must neither pay additional amounts nor offer an alternative job.
If the company has issued a direction that the employee neglected and did not pass the required inspection and examination, you will have to suspend the person from fulfilling obligations. The determination of contraindications leads to a similar outcome, according to which a citizen should not continue to work in the same workplace.In addition to simple removal, in some cases, the worker is held accountable. In this case, it is necessary to focus on the rules declared by the 192nd article of the TC. If the company allows people to work without passing mandatory inspections, this is the basis for bringing to administrative responsibility. As a fine for individuals, individuals holding senior positions - 15-25 thousand, a legal entity will have to pay 110-130 thousand rubles.
To learn from your mistakes
If a person has previously committed a similar violation of the established rule of law, but again disregard for the laws has been revealed, the new version of the punishment will be more stringent than previously applied. Regarding the official financial sanctions vary: 30-40 thousand. There is an option of disqualification for a period of time: 1-3 years. An individual entrepreneur who has repeatedly violated the Labor Code under the same article will be forced to pay a fine of 30-40 thousand or face suspension of activities under an administrative order. The duration of this restriction is up to 90 days.
A legal entity that was previously caught violating the established laws faces fines of 100-200 thousand rubles when repeating its mistake. They can administratively formalize the suspension of entrepreneurial activity. The duration of this restriction is up to 90 days.
Important Features
Medical examinations should be organized with enviable regularity if the staff is engaged in hard work. If the workers of the company have not yet crossed the age limit of 21 years, the frequency of medical examinations specified by laws is one year. In the framework of such an event, it is necessary to determine the extent to which employees are suitable for the fulfillment of their obligations and instructions.
Conducting medical examinations with a given periodical is an effective method of monitoring the health status of people involved in a particular area. Doctors help to timely detect pathologies, the development of which is associated with a certain labor activity. Occupational diseases in our society have already been studied quite well, and a specialized commission can determine them by primary signs, which means that it will be possible to take measures to restore the human condition in time. Dangerous, harmful factors at first have a rather weak effect on workers, invisible to a layman. It is within the framework of a physical examination with a given frequency that you can pay attention to the primary symptoms of the problem. This will allow a person to be healthy longer, fulfill their social, labor and other functions, live a full life.