Today in our article we will try to find out which categories of workers are sent for mandatory psychiatric examination, as well as understand what this procedure is and whether the employee can refuse to undergo it. First of all, you need to find out why you need to visit a psychiatrist.
The significance of the procedure
A compulsory psychiatric examination of employees is carried out to identify deviations in physical health that may adversely affect professional activities. The risk of harming others and oneself increases with increased fatigue, excessive excitability, inability to control one’s behavior, and inability to make the right decisions in difficult situations.
There are certain professions in which full mental health is the main criterion for professional suitability. Article 213 of the Labor Code refers to the fact that employees of certain categories are sent for compulsory psychiatric examination. The Decree of the Government of the Russian Federation provides a complete list of professions.
Professional restrictions
Serious mental disorders, convulsions, epilepsy are limitations for the following activities:
- with aggressive chemicals (sulfuric and nitric acids), psychotropic and narcotic substances, synthetic and artificial fibers, pesticides;
- antibiotics infected with the material;
- a variety of aerosols;
- physical factors (noise, ionizing radiation, physical overload).
Contraindications for work carried out in high hazard conditions
Compulsory psychiatric examination of employees (once 5 years) is carried out for those employees whose activities are associated with special danger. These include high-altitude and climbing work, maintenance of electrical installations with a voltage of 127 V, oil and gas industry, including shifts in the Far North (territories that are equated to it).
Compulsory psychiatric examination of employees relates to activities related to the carrying and use of firearms, driving, transport of narcotic substances and psychotropic drugs. In addition, those whose work is related to food should undergo a similar procedure.
Documentation
Consider the rules for compulsory psychiatric examination by employees. There is a difference between preliminary medical examinations conducted once a year (half a year) and psychiatric examinations even with the participation of a psychiatrist. Mandatory psychiatric examination of employees once every 5 years is enshrined in Art. 213 Labor legislation of our country. The procedure for such a procedure is prescribed in the law of the Russian Federation No. 3185-1. Mandatory psychiatric examination of employees is regulated by a special decree of the Government.
Where is the examination procedure carried out
Mandatory psychiatric examination of employees is carried out on the basis of a neuropsychiatric dispensary. Not all psychiatrists have the right to carry out such procedures, for this they create a special medical commission.It includes three psychiatrists. Compulsory psychiatric examination of workers in Moscow is carried out at the following address: Kropotkinskiy pereulok, 23. The employer gives his subordinate a direction in which the field of activity is indicated, and the working conditions contained in the list. The duties of the commission include conducting a survey within 20 days from the date of appeal. If necessary, representatives of the commission may request additional information about the health of the employee in other medical institutions.
Purpose of the procedure
Mandatory psychiatric examination of teachers has specific goals:
- determining whether an employee has a psychiatric disorder;
- establishing the relationship between the specifics of the disorder and the employee’s ability to fully carry out the type of activity that is indicated in the direction of the survey issued by the employer.
The Commission shall decide by ordinary majority. It is received in writing by the employee within 3 days. At a similar time, the decision made by the commission is also reported to the employer. Compulsory psychiatric examination of employees is carried out once every 5 years. The date of the next inspection is indicated in the report issued by the commission.
If necessary, a survey initiated by the employee or employer can be carried out ahead of schedule. After employees undergo a compulsory psychiatric examination, a conclusion may be drawn up on the unsuitability for activities associated with increased sources of danger. It is valid for no more than 5 years.
Recruitment
A potential employee is introduced to the collective agreement of the organization. Mandatory psychiatric examination of teachers when applying for a job is possible only with the written direction of the employer. It is necessary to evaluate not only the general condition of the future teacher, but also to establish whether the employee will be able to engage in pedagogical activities. Mandatory psychiatric examination of workers in Perm is carried out at the following address: st. Korsunskaya 2nd, 10. Phone: +7 (342) 263-95-84. An inspection will require a referral from the employer.
Does the employee have the right to refuse a psychiatric examination
A psychiatric examination is carried out on a voluntary basis, in addition to the cases specified in article 23 of the Law of the Russian Federation of July 2, 1992. For example, a mandatory psychiatric examination of workers in Tula is carried out at the following address: ul. Ostashova, d.18. Prior to the examination, the psychiatrist will ask the employee to sign his consent to such measures.
There are cases when an employee is in no hurry to pass medical examination even with lower wages. The employer regards such behavior as a disciplinary offense, as a result of which it is possible to make comments to the employee. If after this a psychiatric examination is not passed, a reprimand is issued to the employee. In case of repeated non-fulfillment by an employee without a valid reason of the employer's order, a document of dismissal is drawn up.
In order to avoid litigation, the employer must fully comply with the procedure for the use of disciplinary sanctions in accordance with Article 193 of the Labor Code RF A mandatory psychiatric examination of employees once a year should be indicated in the collective agreement, as well as in the internal rules of the organization or in another specific order. The employee under the signature gets acquainted with these documents. If there is no clause in the company’s regulatory acts on the obligatory nature of such an inspection, the employee has the right to refuse it.
Employer Responsibility for Admission Without Commission Decision
If the compulsory psychiatric examination of medical workers is not passed, and they have begun to perform their functional duties, fines are imposed on officials and individual entrepreneurs. Its size is 15,000-25,000 rubles under Article 5.27.1 of the Administrative Code of the Russian Federation.
Many are concerned about the question of which categories of workers undergo a mandatory psychiatric examination. Are students sent for examination during practical training if they perform work included in the list of psychiatric medical contraindications established by Government Decision No. 377 of April 28, 1993?
In the case of admission to a new place of work, a potential employee first (if necessary) undergoes a psychiatric examination. The decision, which will be issued by the medical commission, is transmitted to the medical institution, the functions of which include conducting a preliminary medical examination.
Compulsory psychiatric examination is paid directly by the employer, who also pays for candidates for employment.
What you need to know about psychiatric examination
Here are a few rules that those who plan to get a job with dangerous (other) working conditions, where mental health is important, should know:
- All employees working with increased sources of danger engaged in certain types of activities are required to undergo a psychiatric examination periodically.
- During the examination, not only the presence of a mental disorder in a person is determined, but also a decision is made on the possibility of fulfilling those duties that are determined by the employer.
- The frequency of the survey is strictly observed. It is carried out in parallel with periodic medical examinations.
- A psychiatric examination is performed on a voluntary basis.
- In case of refusal to undergo a psychiatric examination included in the collective agreement, the employee is suspended from his duties. In the event of a repeated refusal, the employer has the right to dismiss the employee.
Comments on the regulatory framework for psychiatric examination
In Art. 6 of the Law of the Russian Federation No. 3185-1 of July 2, 1992 “On Psychiatric Care and Guarantees of Citizens”, restrictions are given on the performance of certain types of professional activity, as well as work that are associated with sources of increased danger. According to the results of a psychiatric examination, a citizen may temporarily (for a period of up to five years with the right to undergo a second examination) be unsuitable for performing professional duties regarding sources of increased danger. The employee has the right to appeal the decision of doctors in court.
The procedure for considering citizens' complaints about the actions of persons who provide psychiatric care is indicated in Section VI of the Law on the provision of psychiatric care of the Civil Procedure Code of the Russian Federation. The court, which considers a complaint about unjustified restrictions on the performance of certain types of activities, establishes the presence of a mental disorder, the correctness of the clinical qualification (diagnosis, severity, syndrome), the compliance of the present mental disorder with the list of psychiatric medical contraindications for performing a certain type of activity, the possibility of the effect of this disorder on its implementation.
The court has the right to appointment forensic psychiatric examination. The experts involved by the court pay attention to identifying the relationship between the nature of the disorder and the ability of the employee to successfully and safely perform a certain type of activity.As necessary, the court orders a comprehensive psychological-psychiatric or psychophysiological-psychiatric examination.
Rules for Psychiatric Examination
The rules determine the procedure for the inspection of workers engaged in activities with harmful substances associated with hazardous sources and working in conditions of serious danger. The employee in the process of undergoing a psychiatric examination has the right to receive answers to all questions that interest him. In addition to a referral from the employer, the employee also provides a document proving his identity (passport, driver's license).
If the examination is carried out by a psychiatrist-narcologist, you do not need to present a document on military registration (military ID). Like any other disease, mental illness can limit the ability to perform certain types of professional duties. First of all, we are talking about working with atomic and electric energy of high voltage, explosives, potent poisons, vehicles.
In the list of medical psychiatric contraindications, all activities are divided into two groups:
- professional activities that are associated with harmful substances and adverse production factors;
- activities in high danger.
Survey is necessary for training in specialties involving work in hazardous conditions. According to article 53 Education Act examination by a psychiatrist are teachers. A similar examination should also be carried out by persons who use information recognized as a state secret in their work. Under the Law on Detective Activities, a license to work as a private detective can be obtained only after providing a document confirming the passage of a psychiatric examination.
A compulsory examination by a psychiatrist should be conducted by arbitration assessors of the courts of the Russian Federation.
In addition to professional restrictions, it is possible to limit the suitability for activities that are associated with sources of particular danger. These include the issuance of certificates for driving vehicles, the purchase of weapons and other means of self-defense, the use of which is possible only with special permission. Detailed instructions regarding the psychiatric examination for this category are explained in the order. A citizen applies with a Russian passport and is sent to the registry of the adult dispensary. He receives a coupon stating the date and time of the psychiatric examination.
Conclusion
With the help of a psychiatric examination, the employee's fitness for fulfillment of duties is revealed.
The decision on the suitability to perform certain activities can be made by a special medical commission of departmental subordination. If necessary, create commissions of health authorities, for example, medical driver commissions.
A psychiatric examination will be a test for identifying various psychiatric abnormalities. Upon receipt by the doctor of a psychiatrist of a statement from relatives or other persons about the examination of a citizen, the specialist must make sure of its validity. Then the doctor sends an application to the court at the place of registration of the patient, indicates the appropriateness of the examination. Until that moment, until a positive decision is made on the incapacity of a person, he is considered a full-fledged citizen.
