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Responsibilities of the employer to organize medical examinations of employees

If there are legal grounds, the employer has every right to prevent the employee from working. You can find out more about this in Art. 76 Labor Code of the Russian Federation.

There are many reasons for this behavior of management, and one of them is that the employee did not undergo a mandatory medical examination. The employer must also ensure that the medical center has a license for this activity.

Attention! The employer is required to provide the medical center with a list of its employees, which requires the following information:

• Full names of employees and their positions;
• Job titles;
• At the end, all the negative factors at work that affect the health of employees are listed.

Based on the information submitted, the timing of this inspection will be established. It is the employer's responsibility to pay for the medical examination of its employees.

Who must undergo a medical examination according to the law

Articles 266 and 348-3 of the Labor Code of the Russian Federation indicate who must undergo medical examinations, both preliminary and mandatory.

Workers in the following categories must undergo mandatory medical examinations:

• working in the food and light industry;
• employees of preschool and school educational institutions;
• employees of catering organizations, etc.

Medical examination time

The legislation does not establish a specific period for completing this examination; it all depends on the agreement between the employer and the medical center.

The agreement signed between them is binding on all persons undergoing inspection. If the inspection period is exceeded, then this is considered a violation by law.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

What to do if an employee does not undergo a medical examination on time

If an employee evades a medical examination, the employer has every right to bring him to disciplinary liability (Article 76 of the Labor Code of the Russian Federation).

The employee's suspension from work will last until he brings the manager a medical certificate of his health, according to which he is allowed to work. The employer also has the right to dismiss a negligent employee under Art. 81 part 1 clause 5 of the Labor Code of the Russian Federation.

Important! Labor relations with an employee may be terminated if:

• The employee has already committed more than one labor offense this year. If anyone doesn’t know, violations of this nature include failure to comply with orders from superiors, violation of internal regulations, and violation of labor safety requirements. Naturally, all of them must be documented;
• The reason why the employee was not examined by doctors is not valid. And the culprit himself does not explain his offense. Therefore, a commission of at least three persons is formed, and it must demand an explanation from the offender. And if the culprit refuses to give it, then draw up an act;
• The employee has been subject to disciplinary action this year. The combination of all these conditions gives the employer the right to dismiss an employee for repeated (systematic) failure to fulfill job duties without good reason.

The legislation does not establish a specific procedure for documenting removal from work. But as practice shows, employers generally act as follows.

If there are sufficient grounds, then this fact must be documented.

Supporting documents are:

• Explanatory note from the employee about why he did not pass the medical examination;
• Written refusal of the procedure;
• If the employee was on sick leave at that time, then a certificate of incapacity for work;
• A document from a medical institution stating that the above-mentioned employee did not show up for examination;
• An act drawn up by the commission stating that the employee is evading a medical examination;
• A report on the employee from his immediate supervisor.

Watch the video. Periodic medical examination:

Procedure for dismissal from work

An employee who fails a medical examination may be suspended from work.

In this case, the employer is obliged to adhere to the following procedure for removing an employee from duties:

• Drawing up a document confirming that the employee does not have a medical examination mark;
• An order is issued according to which the employee is suspended from performing his duties;
• Registration of the order and familiarization of the employee with it;
• This period is formalized as a simple period with an entry in the time sheet;
• If the employee eliminates the violation, an order for admission is issued. The order must be registered;
• Familiarization of the employee with the submitted order.

Please note!

Drawing up an order

The issuance of a debarment order is based on supporting documents. There is no single form for this order. So it is compiled in any form.

The basis is a document confirming that the employee refused to undergo a medical examination. This can be served as an entry in the journal for issuing referrals for inspection.

The order specifies the reasons for the suspension and for how long. Usually the following wording is used - “until the reasons that are the basis for removal from duties are eliminated.”

If it is possible to determine the period for eliminating the cause, then the order can indicate the period of suspension.

Good afternoon

Tell me, is it necessary to issue a waybill and put a mark on passing a medical examination if the car is registered to an individual?

The driver has an individual entrepreneur and carries out transportation as an individual entrepreneur, but the car is registered to him as an individual.

Evgenia-44

Hello!

Please tell me how the driver should get to the medical center. organization for a pre-trip examination (since there is no doctor on staff). Can he drive alone in a company car without passengers, undergo an examination and return to the organization with a mark on the waybill?

Dmitry-349

Hello!!! And if the waybill is issued for several days, is it necessary to undergo a pre-trip medical examination daily?

Evgenia, Hello.

All persons working as drivers must undergo a pre-trip medical examination. It does not matter whether they carry passengers or not. Those. If the driver is stopped before he reaches the medical facility, an appropriate penalty will be imposed.

You can get to a medical organization, for example, by public transport or a personal car.

Good luck on the roads!

Dmitriy, Hello.

The current legislation does not give an exact answer to the question of how the concepts of waybill and flight are related. There is also no single travel form. Therefore, different organizations have different meanings for the concept of “flight”. For example, some companies draw up a route sheet in such a way that it contains several flights. If you have such a travel document, then you need to undergo a medical examination before each flight.

If one flight lasts several days, then the pre-trip inspection needs to be completed only once.

P.S. If you have any disagreements with the traffic police on this issue, please write about them here.

Good luck on the roads!

Sergey-535

Help me appeal the protocol. My individual entrepreneur, a passenger car for physics, I work myself as a trader (I deliver seeds to points) activities: wholesale and retail trade. I do not provide cargo transportation. A protocol was issued for 30,000

Sergey-562

Maxim, hello! In your message, you indicate that if the Driver drives a service vehicle, proceeds to the place of pre-trip medical examination, without transporting passengers and luggage or cargo, without undergoing such an examination, in the event of his being stopped by an authorized DL, he will be brought to administrative responsibility.

I do not agree with this statement, since administrative liability provided for in Part 2 of Article 12.31.1 of the Code of Administrative Offenses of the Russian Federation, for violation of the rules on conducting pre-trip and post-trip medical examinations of vehicle drivers, occurs when transporting passengers, luggage, and cargo by road. .., according to the authentic interpretation of this article.

Sergey-562

But I completely agree that this is a violation, and according to the idea, a pre-trip medical examination of vehicle drivers should be carried out immediately before leaving for the line (flight). Gap in legislation.

If I'm wrong, correct me.

Yes, this is complete crap. In theory, 196-FZ obliges pre-trip inspections. But it sounds kind of interesting...

Code of Administrative Offenses of the Russian Federation Article 12.31.1. Violation of security requirements transportation of passengers and luggage, cargo road transport and urban ground electric transport

What if the organization is not engaged in the transportation of passengers and luggage? The Federal Law “Charter of Motor Transport and Urban Ground Electric Transport” dated November 8, 2007 No. 259-FZ gives the following definitions:

cargo - a material object accepted for transportation in the prescribed manner;

passenger - an individual who has entered into an agreement for the carriage of a passenger, or an individual for the purpose of whose transportation a vehicle charter agreement has been concluded;

carrier - a legal entity, individual entrepreneur who, under a contract for the carriage of a passenger, a contract for the carriage of cargo, has assumed the obligation to transport a passenger and deliver baggage, as well as to transport the cargo entrusted by the shipper to the destination and hand over the baggage and cargo to the person authorized to receive them.

The requirements of the Charter are fully confirmed by Article 784, Part 2 of the Civil Code of the Russian Federation, which states that the transportation of goods, passengers and luggage is carried out on the basis of a contract of carriage. Consequently, transportation as a process is considered within the framework of traffic rules (TRAF), and transportation as an activity is considered within the framework of laws to ensure Road Safety (RTS).

If you follow the logic and read from the point of view of legislation, then 196-FZ requires, especially in Article 23, to carry out pre-trip inspections, and requires Order of the Ministry of Health of the Russian Federation of December 15, 2014 No. 835n, and liability under 12.31.1 of the Code of Administrative Offenses only lies with carriers. And vouchers are only for carriers. If you want to make sure that the pre-trip check has been carried out, go look at the magazine.

Strange but true. Or refute it.

Alexander-624

“employed workers” what if I am the owner of a vehicle as an individual, but I transport cargo myself while driving under an application agreement, as an individual entrepreneur. Am I employed? If not, then you don't need a ticket.

Vasily-72

Good evening! In this article we are talking about hired drivers, i.e. If I am the owner of a Gazelle vehicle, I am also its driver, but I transport cargo under a contract from a transport company (I work as an individual entrepreneur).

Pre-trip medical examination

The procedure for conducting medical examinations is regulated by Article 23 of the Federal Law “On Road Traffic Safety”.

Consider paragraph 3 of Article 23:

Mandatory pre-trip medical examinations are carried out during the entire time a person works as a driver of a vehicle, with the exception of drivers driving vehicles traveling on call from emergency services.

Those. All drivers working for hire must undergo pre-trip medical examinations. The only exception is drivers of emergency services who go on call.

Vyacheslav-77

Georgiy-23

Good afternoon.

Sergey-580

Good day

Hello, I have a question: the parents of the individual entrepreneur sell on the market, they transport the goods in a regular passenger car, everything is in accordance with the rules, the cargo does not protrude beyond the dimensions of the car, there is no trailer, currently the individual entrepreneur is closed, they are selling off the remainder, the other day they were stopped by traffic police officers who saw the cargo in the car and demanded a waybill with doctor’s and mechanic’s notes, threatened with a fine as an individual entrepreneur, tell me, is this legal?

In the protocol you indicate that you do not agree, because you are not an entrepreneur. When reviewing, say the same thing. If they foolishly fine you, then go to court.

Good afternoon.

Tell me if a driver with the status of an individual entrepreneur works for a company under a contract of hire, not a contract of carriage. Does he then need a waybill at all if the company gives him an order?

The wording is not entirely clear. As I understand it, the individual entrepreneur, by his type of activity, provides road transport services. And he entered into an agreement for the provision of services for the transportation of goods on transport owned by another organization. Then he will act as a carrier and draw up all the required documents and fulfill all requirements as a carrier.

Second option. If IP Pupkin has entered into an agreement to drive a car for an organization that transports (as it is fashionable to say, moves) cargo for its own needs, i.e. does not carry out activities in accordance with the Charter of Motor Transport, then the 152nd order of the Ministry of Transport does not apply, a waybill is not needed. A voucher as a document for writing off fuel and lubricants is a separate topic.

Good day

I rented out a car, according to the lease agreement, the tenant was stopped, I was fined 60 thousand for lack of a medical examination

Is the landlord obligated to inspect the tenant?

It's too late to appeal anyway. The traffic cops simply fooled you and made you look like a fool. A tenant is essentially a temporary owner for the period established by the contract. You will only be responsible for damage caused by a source of increased danger. And that is in solidarity, according to the Civil Code of the Russian Federation.

Natalya-164

Hello, how can I pass a pre-trip medical examination if the driver leaves for a flight, for example, at 5 o’clock in the morning? There is no full-time medical worker. Is it possible to check the box the day before departure?

What prevents you from concluding an agreement with those who can work at a time convenient for you? The same city hospitals and ambulance stations operate around the clock. They usually have everything.

Tatyana-166

Hello!

The organization rents a car from its employee (installer), which he drives himself during working hours. In order to fully compensate for gasoline costs, since the work is traveling in nature and service facilities are located outside populated areas, the employee fills out a waybill for the week indicating the mileage for work trips. In this case, is it necessary to have a medical examination mark on the waybill?

Tatiana, Hello.

An employee working as a driver must undergo pre-trip medical examinations. The passage is marked on the waybill.

Good luck on the roads!

the employee fills out a travel document for the week indicating the mileage for work trips

Is he forcibly forced to present his ticket during inspection and tell obvious lies about himself and his activities?

AlexeyF

I work for Gazelle, I transport other people’s cargo, from one LLC to another LLC. Gazelle is owned by me as an individual, but I work as an individual entrepreneur. That is, I am an individual entrepreneur, but I work as a driver on my own truck with a gross weight of 3500 kg.

I accept payments into a bank account and issue invoices and certificates for the work done.

That is, I don’t work for hire, I drive for myself))

Do I need a pre-trip medical examination note or not?

AlexeyF, needed.

Law "", Article 23:

4. The requirement to undergo mandatory medical examinations applies to individual entrepreneurs if they independently drive vehicles engaged in transportation.

Good luck on the roads!

Good afternoon

I am an individual entrepreneur, I drive a truck myself, the truck is registered to my wife. I have no employees. Did I understand correctly that the waybill must be filled out and I must put down all the signatures myself (departure, return, etc.), except for the medical examination? Also, tell me, does the medical examination now (from March 1) only include your last name and initials? Should I give a stamp or seal to doctors? Thank you

Also, tell me, does the medical examination now (from March 1) only include your last name and initials? Should I give a stamp or seal to doctors? Thank you

"On approval of the Procedure for conducting pre-shift, pre-trip and post-shift, post-trip medical examinations"

16. Based on the results of the pre-trip medical examination when making the conclusion specified in subparagraph 1 of paragraph 12 of this Procedure, waybills are stamped“passed a pre-trip medical examination and was allowed to perform work duties” and the signature of the medical worker who conducted the medical examination.

And I’m also interested in what the fine is if there is no voucher at all???

Hello!

According to Article 76 of the Labor Code of the Russian Federation:

The employer is obliged to remove from work (not allow to work) the employee:
appeared at work in a state of alcohol, drug or other toxic intoxication;
who has not undergone training and testing of knowledge and skills in the field of labor protection in accordance with the established procedure;
has not undergone a mandatory medical examination in accordance with the established procedure, as well as mandatory psychiatric examination in cases provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation;
…
The employer suspends the employee from work (does not allow him to work) for the entire period of time until the circumstances that served as the basis for removal from work or non-admission to work are eliminated, unless otherwise provided by this Code or other federal laws.
During the period of suspension from work (preclusion from work), the employee’s wages are not accrued., except for cases provided for by this Code or other federal laws. In cases of suspension from work of an employee who has not undergone training and testing of knowledge and skills in the field of labor protection or a mandatory medical examination through no fault of his own, he is paid for the entire period of suspension from work as idle time.

According to Article 73 of the Labor Code of the Russian Federation:

An employee who needs to be transferred to another job in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, with his written consent, the employer is obliged to transfer him to another job available to the employer, not contraindicated for the employee due to health reasons.
If an employee who, in accordance with a medical report, needs a temporary transfer to another job for a period of up to four months, refuses the transfer or the employer does not have the corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his job ( positions). During the period of suspension from work, wages are not accrued to the employee, except in cases provided for by this Code, other federal laws, collective agreements, agreements, and employment contracts.
If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, then if he refuses the transfer or the employer does not have the corresponding job, the employment contract is terminated in accordance with paragraph 8 of part one of Article 77 of this Code .
An employment contract with the heads of organizations (branches, representative offices or other separate structural units), their deputies and chief accountants who, in accordance with a medical report, need a temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the corresponding job, is terminated in in accordance with paragraph 8 of part one of Article 77 of this Code. The employer has the right, with the written consent of these employees, not to terminate their employment contract, but to remove them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to these employees, except for the cases provided for by this Code, other federal laws, collective agreements, agreements, and employment contracts.

With respect, Nadezhda.

GIT inspectors refuse to recognize failure to comply with the obligation to conduct mandatory medical examinations as a minor violation. They emphasize that such an offense is associated with a threat of harm to the life and health of people, and also directly affects the provision of state guarantees of labor rights of workers and encroaches on safe conditions and labor protection.

Inspectors actively defend their position in the courts and insist that for the purpose of punishment, the provisions provided for in Part 3 of Art. 5.27.1 Code of Administrative Offenses of the Russian Federation fine:

• for officials - in the amount of 15,000-25,000 rubles;
• for individual entrepreneurs - from 15,000 to 25,000 rubles;
• for legal entities - from 110,000 to 130,000 rubles.

At the same time, current legislation allows, under certain circumstances, to feel sorry for the perpetrator. So, if the offense is considered minor and it was committed for the first time, the employer may not be fined, but only given a warning. However, for employers who allow employees to work who have not passed a medical examination, this rule does not work.

Medical examinations of workers: a small reminder from the State Inspectorate

Representatives of the State Labor Inspectorate remind that labor legislation obliges employers to conduct preliminary (upon hiring) and periodic medical examinations of employees at their own expense. For certain categories of employees, the frequency and specificity of medical examinations is regulated Art. 213 Labor Code of the Russian Federation. This is about:

• persons employed in work with harmful and dangerous working conditions (including underground work), as well as in work related to traffic;
• employees of food industry organizations, public catering and trade, water supply facilities, medical organizations and child care institutions.

Also, at the expense of employers, mandatory psychiatric examinations are carried out for employees engaged in certain types of activities, including those associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as those working in conditions of increased danger.

The time spent undergoing these medical examinations is included in working hours, the GIT emphasizes. Persons who have not passed a medical examination and do not have a medical certificate are not allowed to work.

Suspension from work is a temporary measure! This is the prevention of an employee from performing his main job functions for any reason specified in Art. 76 Labor Code of the Russian Federation.
The employer is obliged not to allow the employee to work if the grounds specified in Art. 76 Labor Code of the Russian Federation. One of these grounds is failure to undergo a mandatory medical examination.

If an employee does not pass a medical examination, the employer is obliged to suspend him from work for the period until the examination is completed.
The exclusion of such an employee is carried out on the basis of an order issued by the employer.
The order is issued on the basis of a medical certificate, which is issued after an examination. The certificate indicates the conclusion of the doctors based on the studies performed.

How to formalize suspension from work due to failure to pass a medical examination?

In accordance with established rules, each employer must exercise constant control over the competent access of its employees to work. If the very fulfillment by employees of their professional obligations does not imply obtaining any permits, additional rights or going through certain procedures, this process will be quite easy to carry out. The employer may not allow such employees to work only due to, for example, showing up to work drunk, etc.

However, the current legislative norms have established a list of special categories of employees in respect of whom control over access to work must be carried out in a special manner. For example, for some categories of employees, regular medical examinations are a mandatory procedure that becomes an integral part of their professional activities. Such employees include the following:

• drivers of cars, as well as other vehicles. Of course, this type of activity is always associated with increased danger and the constant presence of various risks. That is why the employer, before allowing employees to fulfill professional obligations, must first make sure that the employee is in normal health. For this purpose, regular medical examinations of drivers are carried out;
• drivers, dispatchers, as well as operators of other complex mechanisms and installations. Often, poor health of such employees can result not only in the breakdown of the equipment used, but also in more serious consequences. In particular, the health and even lives of other workers will be at risk. That is why this category of employees is included in the list of special employees for whom regular medical examinations are mandatory;
• employees of various medical institutions. This includes not only ordinary city clinics, but also other similar organizations, including hospitals, dispensaries, etc. Employees of such institutions always bear enormous responsibility for the correct diagnosis, for the competent prescription of treatment regimens for patients, etc. That is why they themselves should also undergo regular medical examinations;
• workers of various pedagogical institutions. Teachers and educators constantly deal with children. Their psychological and physical condition must always comply with existing standards. This fact is also confirmed by constantly undergoing mandatory medical examinations.

In all of the above professions, an employee’s permission to perform his professional obligations can be carried out only after the authorized person receives the appropriate results of the medical examination the employee has undergone.

Separately, it should be mentioned who exactly in the organization should be involved in carrying out such medical activities. Here the employer may have two optimal options:

1. Use of a full-time health care professional. Previously, such a specialist is employed by the organization. Typically, a single medical officer can be found in large institutions with a large staff.
2. Conducting regular examinations by a third-party medical organization. To do this, the employer will need to enter into a formal written agreement with such an institution. Such a document spells out all the important nuances, namely the cost of the services provided, the features of settlements between the parties, etc.

The nuances of filling out a time sheet and other documents of a suspended employee

Removing an employee from his work is always a serious procedure, which is initiated by a unilateral decision of the boss. That is why this process must be carried out in strict accordance with established standards. Otherwise, a dissatisfied employee will be able to present his claims and recognize the employer’s actions as illegal.

First of all, the very fact of removal must always be recorded properly, in documentary form. To do this, the relevant information is reflected in such an important document as a time sheet. It is a kind of diary in which information is regularly entered about employees present and absent from their places. In most cases, the responsibility for regularly maintaining time sheets is assigned to personnel employees. They are the ones who put the appropriate marks there every day. If we are talking about the forced removal of an employee from fulfilling his obligations, these labels will look like this:

• NB - if the authorized employee prefers to use letter codes;
• 35 - if the employee uses official digital codes established by current legislation in an official manner.

Many employers are also concerned about whether it is necessary to record the fact of an employee’s forced removal from work in his main professional document, namely the work book. It should be noted right away that the current regulations contain absolutely no information that this data must be entered into the appropriate document. Therefore, the employer should not do this. This state of affairs can be explained quite simply - the work book is a personal document of the subordinate. Information about forced removal, in turn, must be recorded only in the employer’s internal documents.

In addition, many modern managers also have questions regarding the timing of medical examinations for employees. Here you need to pay special attention to some additional conditions. In particular, if passing the inspection is a daily requirement, then the employee will always be required to undergo it before directly starting his work.

Things will be somewhat more complicated in situations in which daily inspection is not required. In this case, the employer must set an exact time frame, after which each employee must undergo an inspection. Moreover, such frameworks must be formally established. To do this, relevant information is included in the regulations on medical examinations that apply within the organization.

Drawing up an order for dismissal from work

As mentioned above, in the procedure for the forced removal of an employee from his work, a very important stage will always be correct registration. The main document, in this case, will be the order, which is issued by the head of the organization or other authorized person. No special form was established for such a document. During its preparation, the employer needs to take into account only a few important features:

1. The formation of an order always begins with the indication of standard information, namely, the details of the parties. If the order is drawn up on the organization’s letterhead, there is no need to write the name of the institution again. It is only necessary to indicate information about the employee in respect of whom this order is being prepared. Data such as the name of the subordinate, the name of his position, the department to which he is attached, etc. is placed here.
2. The following is basic information about the reasons why this document was compiled. It should be remembered that drawing up such an order and the subsequent forced removal of an employee from his work will be lawful only if the employer has really compelling reasons. These may include the following:
   • failure of an employee to appear for a medical examination, which, in accordance with current rules, is a mandatory procedure for this specialist;
   • direct refusal of a subordinate to undergo inspection, provided that this refusal was recorded in documentary form;
   • constant evasion of the employee from fulfilling this obligation - inventing new reasons, etc.
3. After specifying all important information, the order must be signed by the head of the organization.

As soon as the document is drawn up, the employee himself should be familiar with its contents. If he does not object to the information presented in the document, he will need to put his personal signature. If the employee refuses to familiarize himself with the document, this fact must be recorded. In this case, the employer draws up a special internal act in the presence of independent witnesses.

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