Medical examination order 302n form. We draw up a referral for a periodic medical examination

Since the date of its original publication, order 302n itself on undergoing medical examinations has never been changed or supplemented, but in 2013 and 2015 changes were made to its applications.

Compared to the original version, the following changes have now been made to the applications:

• the list of hazardous and harmful production factors has been expanded, for example:
  • welding aerosols with manganese- and silicon-containing compounds were added to the chemical factors;
  • in biological, the number of allergens, infected material has been significantly expanded and viruses of hepatitis B, C and AIDS, etc. have been added;
  • in physics, a new section of ionizing radiation and increased gravitational overloads, etc., has been added;
• the number of medical specialists who carry out medical examinations has increased (dentists, allergists, endocrinologists have been added to sections where they were not originally there);
• increased number of additional contraindications for labor activity in certain conditions (for example, in electromagnetic fields) and for certain types of work (for example, for work in remote geographical areas and for work with machine tools);
• a completely new section of substances and compounds united by a chemical structure that cause various kinds of diseases has been added (section 1.2 of chemical factors), and the list of pesticides has been significantly expanded (section 1.3.2).

List of contingent by order 302n

The contingent of employees who, in accordance with the order of the Ministry of Health and Social Development dated April 12, 2011 No. 302n, must be sent for a medical examination is formed from a list of positions and professions, upon employment for which employees are subject to a medical examination.

Everyone who is busy is sent for inspection:

• in harmful and dangerous working conditions ( chemical production, ionizing radiation, etc., the full list of factors is given in Appendix No. 1);
• in a certain type of work (at height, under water, underground, etc., a complete list is indicated in Appendix No. 2).

The contingent list is binding document and must contain:

• the names of positions and professions, upon employment for which mandatory and periodic medical examinations are carried out in accordance with the current legislation (Appendix No. 2);
• harmful and dangerous working conditions (Appendix No. 1). Necessary explanation: all working conditions are determined based on the results special evaluation working conditions.

Due to the fact that the form of the document is not legally approved, it can be made in the form of a list, order 302n with the 2019 change on the medical examination allows this.

Harmful production factors by profession

Each profession has its own harmful working conditions, however, order 302 of the Ministry of Health does not provide for referral to a medical examination by profession as such. But it provides for the presence or absence of harmful and dangerous production factors, such as an increased level electromagnetic radiation and reduced physical activity of the computer operator.

According to order 302n, harmful production factors by profession are:

• chemical;
• biological;
• physical;
• conditions of the labor process associated with the performance of work in certain conditions and with certain substances that can cause harm to health or lead to death of a person.

The presence or absence of specific harmful working conditions is determined based on the results of a special assessment of working conditions carried out in accordance with Federal Law No. 426-FZ of December 28, 2013. Exhaustive lists of harmful factors are set out in Appendix No. 1 to order 302n on passing medical examinations.

Name list of employees by order 302n

A list of names of employees according to Order 302 is compiled each time employees are sent for periodic medical examinations.

This document is compiled on the basis of the "Contingent ..." (302n dated 12.04.11 of the Ministry of Health and Social Development, referral for a medical examination) and includes:

1. FULL NAME. employee, his profession or position.
2. The name of a harmful or dangerous production factor.
3. Name structural unit.

How to get a referral for a medical examination in the form 302n

According to the norm, which was approved by order 302n of 12.04.11 of the Ministry of Health and Social Development, a referral for a medical examination is issued during an employment interview, while the candidate must sign for receiving the referral in a special journal. The referral is issued by the employee who documenting hiring and firing employees.

In the direction by order 302n, the following must be indicated:

1. The name of the organization that issued the referral.
2. Ownership and eight-digit code economic activity according to OKVED.
3. The name of the medical organization, the actual address of its location and the code according to the OGRN.
4. Type of medical examination (preliminary or periodic).
5. FULL NAME. person, incoming or working employee.
6. Date of birth of the person entering the job (employee).
7. The name of the structural unit (if any) in which the job candidate (or current employee) will be employed.
8. The name of the position (profession) or type of activity.
9. Harmful and dangerous factors of production, as well as the type of work in accordance with the approved "Contingent of employees".

The direction is signed by the employee who issued the direction, indicating his position, surname, initials.

The final act of the medical examination

In accordance with order 302n, upon completion of the periodic medical examination by employees, together with representatives of the employer and Rospotrebnadzor, a final act is drawn up by order 302n, which indicates:

• Date of preparation;
• the name of the employer;
• name of the medical organization;
• the percentage of coverage of employees with periodic medical examinations;
• a list of newly diagnosed chronic somatic diseases with an indication of the class of diseases;
• the results of the implementation of the recommendations of the previous final act;
• recommendations for the implementation of a complex of recreational activities;
• lists of employees who have not completed, have not undergone periodic medical examinations, as well as those who have been diagnosed with a persistent degree of disability and other indicators ( full list is in paragraph 43 of the procedure for conducting preliminary medical examinations by order 302n).

The final act according to order 302 is approved by the chairman of the commission, who certifies it with the seal of the medical organization.

How does order 302n regulate the procedure for conducting preliminary, periodic and mandatory medical examinations who is required to undergo medical examinations by order of 302n, we will look into the article.

From the article you will learn:

How order 302n regulates the procedure for passing medical examinations

Medical examinations are divided into:

• preliminary;
• periodic;
• extraordinary.

Download related documents:

Applicants are screened. The main purpose of the survey is to obtain data on the health status of a future employee who will be engaged in certain types of activities. Periodic examination reveals risks occupational diseases employees working in unfavorable working conditions.

Question from practice

When is it necessary to conduct a mandatory medical examination of an employee?

Answer prepared in collaboration with the editors

Answered by Nina Kovyazina Deputy Director of the Department of Medical Education and personnel policy in health care of the Ministry of Health of Russia

Conduct medical examinations of employees if their work is associated with harmful or dangerous working conditions, traffic, food industry, catering, as well as a number of other areas of activity. Also conduct health screenings for employees under the age of 18. For more information about who should undergo medical examinations and when, read our recommendation.

Employees subject to mandatory medical examination

Employees performing certain types of work undergo mandatory medical examinations at the expense of the organization. This category of personnel includes, in particular:

employees employed in work with harmful or dangerous working conditions, including underground work (art. , Labor Code of the Russian Federation);

employees engaged in work related to traffic, (art. And TC RF, Law of December 10, 1995 No. 196-FZ);

employees of food industry enterprises, catering and trade, water supply facilities, medical and preventive and children's institutions ( );

security guards ( ).

Ask your question to the experts

Order 302n on passing medical examinations was issued on April 12, 2011 by the Ministry of Health and Social Development of Russia. The document approves the list of harmful and/or dangerous production factors and works, during the performance of which mandatory preliminary and periodic medical examinations(surveys). In addition, order 302n on medical examinations established the procedure for preliminary and periodic examinations of workers who are engaged in heavy production or work in harmful / dangerous working conditions.

Download samples:

Order on approval of the plan for mandatory periodic medical examination
or

Order 302n, along with the Labor Code, is the main document that the employer should be guided by when employees undergo medical examinations. Appendix No. 1 contains a list dangerous, harmful production factors, in the presence of which employees are subject to mandatory medical examinations. Appendix No. 2 contains a list of professions that are subject to periodic inspection. Annex No. 3 indicates the procedure for conducting the survey.

Medical examination by order 302n

dangerous and harmful factors according to professions in order 302n are divided into chemical, biological, physical and labor process factors, harmful factors include, for example, such as:

• dust of animal, vegetable origin with impurities of silicon dioxide, poisons of fish, plants, animals (biological);
• ethane, methane, propane, ethylene, paraffins (chemical);
• ultraviolet radiation, electromagnetic field (physical);
• static load, work with optical devices (refers to the factors of the labor process).

In order 302n on medical examination in Appendix No. 1, information is given in the form of a table that indicates harmful factors and frequency of inspections, the names of the medical specialists who conduct the examination are presented, the main and additional studies are described. Use the table should be subject to the relevant notes, explanations.

In a similar way, a table was compiled in Appendix No. 2. The frequency of surveys, the types of work whose employees undergo medical examinations. In order 302n, Appendix No. 3 is the most significant.

Download samples:

It should be borne in mind that these lists of factors and professions are not exhaustive. Some employees are subject to examinations on the basis of other norms of the current law. Taking into account articles 69 and 226 of the Labor Code of the Russian Federation employees are sent for medical examinations who have not reached the age of 18. And on the basis of Article 298 of the Labor Code of the Russian Federation - shift workers.

Practical situation

Stricter requirements for medical examinations. Who to send to the doctors now

The answer was prepared jointly with the editors of the magazine ""

Answered by Yulia DEVYATKOVA,
lawyer, expert of the magazine "Kadrovoe delo"

For each employee who has not passed the mandatory medical examination, the company will be fined 130,000 rubles. At the same time, employers and supervisory authorities do not have consensus in which cases medical examinations should be carried out by certain categories of workers. For example, do you need medical control for those who work on a computer or use official transport. Supreme Court in controversial situations, takes the side of the inspectors.

How order 302n on medical examinations is applied in work

Order 302n, with amendments and additions, regulates the procedure for undergoing medical examinations. Annex No. 3, Section II, describes the procedure for each type of inspection. To undergo a medical examination when applying for a job (on the basis of order 302n), the applicant is given a referral. The legislation does not approve a unified form of such a referral, the employer has the right to develop and approve the form independently.

Mandatory information that must be present in it is indicated in paragraph eight of Appendix No. 3 to the order of the Ministry of Health 302n. The same form of referral can be used for periodic and unscheduled examinations.

. Based on the results of the examination, medical institutions draw up an appropriate conclusion. The requirements for the availability of information in it are specified in paragraph 13 of Appendix No. 3 of the order in question.

Employees of those enterprises and specialties for which the process of passing a medical examination is mandatory must certainly go to the relevant institutions for preliminary or primary medical examinations, as well as undergo periodic examinations in accordance with the order of their passage. At the same time, this procedure is carried out at the expense of the employer on the basis of the referral issued by him for a medical examination from the order of the Ministry of Health 302n of 04/12/2011.

Before conducting the medical examination procedure itself, each employer is obliged to give its employees the necessary referrals, which are issued to each against signature, and are subject to accounting by the employer himself. The document in question is standard sample directions from an order with form 302n, which the employee must provide to a medical institution and go through the necessary doctors.

Depending on the information message that is indicated in the referral, certain health workers and specialists will be assigned, and appropriate tests will be ordered if necessary.

The form of referral for a preliminary or periodic medical examination is taken from the appendix to order 302 n.

The procedure for issuing a referral for a medical examination is clearly detailed in Order No. 302n. Must be specified:

• all data about the enterprise itself, which offers the job. That is, the name of the company, its form of ownership, as well as OKVED, and the like;
• all data on the medical institution with which the company has concluded an agreement on the provision of such medical services. The name of the clinic, its address, as well as the PSRN must be indicated;
• type of medical examination to be passed - periodic or preliminary examination;
• information about the employee who must undergo such an examination;
• position or type of activity of the employee.

Also, in the direction 302n, all hazard and hazard factors that are established for a particular position or for certain types of work should be indicated. In this case, the drawn up referral form for periodic or preliminary medical examinations is signed by a certain person of the company or organization that represents its interests in this direction.

Who should have a medical examination

A referral for a preliminary medical examination is issued in accordance with the norms of law 302n, which clearly states that such an examination is necessary:

• if there are dangerous and harmful factors of production;
• for harmful types of work;
• when the employee's position is related to interaction with children;
• for healthcare workers;
• for those in contact with products;
• employees under 18;
• working in waterworks.

Note: medical examination for the specified categories of workers is paid by the employer. Expenses can be taken into account in tax and accounting.

Why do you need a medical examination

Based on the results of the preliminary medical examination, the employee in the medical center will be issued a special document, which the person must provide to the employer. A sheet filled out by doctors allows the latter to determine at what level the health of a potential employee is, and to understand whether a candidate for a vacancy can perform the tasks assigned to him without much harm to his health.

In order for the whole procedure to take place in a certain order, a special legislative document in the form of order number 302n dated 05/17/16. This document clearly states for which persons it is necessary to undergo a medical examination, and this document also determines a clear procedure for the entire procedure. In addition, the order has a standard referral form in the application that can be used to fill out.

Below we offer to download a sample of filling out a referral for both periodic and preliminary medical examinations.

In accordance with the rules, all enterprises should have a standard format referral from order 302n. Also, the employer must have a list or a list of those persons who are required to undergo all necessary medical examinations. In addition, everyone who needs to undergo such medical examinations should be notified in advance that they need to go to a medical facility for the necessary examinations, and they should also be notified of the frequency of their passage. In this case, the list is the basis for issuing a referral to the employee in order for him to undergo a medical examination.

23.04.2013 10:53:00

On January 1, 2012, the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n “On approval of the lists of harmful and (or) dangerous production factors and works, during which preliminary and periodic medical examinations (examinations) are carried out, and the Procedure for conducting mandatory preliminary and periodic medical examinations (examinations) of workers engaged in hard work and work with harmful and (or) dangerous working conditions ”(hereinafter - Order No. 302n).

One of the main objectives of this document is to create uniform rules for all employers for organizing and conducting mandatory medical examinations by combining requirements that were previously scattered across different documents.

Order No. 302n, as its name implies, approved:

The list of harmful and (or) dangerous production factors, in the presence of which mandatory preliminary and periodic medical examinations (examinations) are carried out (hereinafter - the List of factors);
- a list of works, during the performance of which mandatory preliminary and periodic medical examinations (examinations) of employees are carried out (hereinafter - the List of Works);
- The procedure for conducting mandatory preliminary (when applying for a job) and periodic medical examinations (examinations) of employees engaged in hard work and work with harmful and (or) dangerous working conditions (hereinafter - Procedure No. 302n).

The step-by-step procedure for conducting preliminary and periodic medical examinations described in Order No. 302n is schematically shown in Fig. 12.

Article 213 Labor Code Russian Federation provides for the need to organize medical examinations when an employee comes into contact with production factors only if he is employed in harmful and (or) dangerous working conditions.

Order No. 302n provides for a strict delimitation of the areas of responsibility of the employer, employee and medical organization. Thus, the employer is responsible for:
- assessment of working conditions;
- formation (formation) of groups of workers subject to medical examination;
- sending workers to medical organization.

The employee is obliged to come to the medical organization with necessary package documents and pass a medical examination. The medical organization is responsible for conducting a high-quality full-fledged medical examination in accordance with the regulatory rules.

According to R 2.2.2006-05 “Guidelines for the hygienic assessment of factors in the working environment and the labor process. Criteria and classification of working conditions ”(approved by Rospotrebnadzor on July 29, 2005) harmful and dangerous classes of working conditions are classes 3 and 4, respectively.

Classes of working conditions 1 and 2, according to the current legislation, are not capable of harming the health of an employee in the near and long term, as well as his offspring.

Therefore, in accordance with paragraph 19 of Procedure No. 302n, note 2 to the List of factors, the employer is obliged to send the employee for a preliminary or periodic medical examination, and the employee must undergo it if the latter:

Exposed at the workplace to the impact of production factors classified as harmful and (or) dangerous classes working conditions (class of working conditions 3.1 and above);
- performs the work provided for by the List of Works (excluding classes of working conditions).

When concluding an agreement for mandatory medical examinations, the employer (his authorized representative) should take into account legal formalities, namely:

All types of mandatory medical examinations can be carried out by medical organizations of any form of ownership that have the right (license) to conduct preliminary and periodic medical examinations, as well as for expert examination professional suitability;
- in the composition medical commission there must be an occupational pathologist, and "narrow" specialist doctors are required to have a valid certificate in the specialty "occupational pathology" (issued after passing advanced training in the specialty "occupational pathology" in the prescribed manner);
- the head (deputy head) of a medical organization or the head of its structural unit has the right to head a medical commission (Order of the Ministry of Health and Social Development of Russia dated 05.05.2012 No. 502n “On approval of the procedure for the creation and operation of a medical commission of a medical organization”). In any case, the person heading the medical commission must have a diploma of an occupational pathologist and a valid certificate of an occupational pathologist.

The employer is responsible for completing the following documents:

List of the contingent (list of jobs) indicating, in accordance with the List of Factors and the List of Works, production factors and types of work identified (performed) at the relevant workplace based on the results of an assessment of working conditions. Based on this document, candidates are determined who are subject to a preliminary medical examination;
- a list of names of employees subject to mandatory periodic medical examination in the current year, which is compiled on the basis of the list of the contingent and sent to the medical organization no later than two months before the agreed start date for the periodic medical examination;
- referral for a preliminary (periodic) medical examination (examination).

There are no requirements for the design (form) of the listed documents. However, Procedure No. 302n determines what information they should contain.

So, in the direction for a preliminary (periodic) medical examination, among other things, the following should be indicated:

Name of position (profession) or type of work;
- harmful and (or) dangerous production factors, as well as the type of work in accordance with the contingent of employees approved by the employer, subject to preliminary (periodic) examinations.

If the referral does not contain or does not fully reflect the mandatory information provided for by Procedure No. 302n, then this may become a formal reason for refusing to conduct a medical examination.

Based on the results of the examination, the medical organization draws up:

Outpatient medical record;
- employee's health passport (if the employee already has a health passport, additional entries are made in it);
- conclusion based on the results of the preliminary (periodic) medical examination (issued to the employee for transfer to the employer after the employee has passed the medical examination);
- the final act based on the results of the periodic medical examination.

It is important to note that in accordance with Procedure No. 302n, the final act can only be approved by a medical organization. Current regulation also determines that the completed final act must be signed by the chairman of the medical commission (and no one else) and certified by the seal of the medical organization. There are no requirements for the mandatory presence of other marks in the final act. Thus, joint work on drawing up the final act should be carried out exclusively until the moment of its approval, that is, at the project stage.

To ensure the continuity of medical examinations, their results are reflected in the outpatient card and health passport of the employee, which is kept in the hands of the latter throughout his life and presented during medical examinations. Order No. 302n defines the procedure for transferring medical records of employees when changing or liquidating a medical organization conducting medical examinations.

SUSPECTED INNOVATIONS IN ORDER No. 302n

During the year after the entry into force of Order No. 302n, the Ministry of Health and Social Development of Russia, and after its division, the Ministry of Health of Russia, as well as the Government of Russia, received numerous appeals from citizens and organizations with comments and suggestions to improve the procedure for conducting mandatory medical examinations. A thorough analysis of these appeals was carried out, as a result of which a list of changes to Order No. 302n was prepared.

At the end of November 2011 came into force the federal law dated November 21, 2011 No. 323-FZ "On the fundamentals of protecting the health of citizens in the Russian Federation" (hereinafter - Law No. 323-FZ), containing norms on medical examinations, examination of professional suitability, formation of medical commissions, etc.

Given the significant number of planned changes in relation to the procedure for conducting mandatory medical examinations, as well as the new requirements of Law No. 323-FZ, a decision was made to issue a new order regulating the procedure for conducting mandatory preliminary and periodic medical examinations (examinations).

The above basic positions of Order No. 302n will remain, the most important of the proposed innovations will be listed below.

1. The obligation of the employer to conclude an agreement for mandatory medical examinations with a medical organization will be more clearly and unambiguously spelled out (with the exception of employers attached to the FMBA of Russia).

2. It is planned to add an extract from medical card outpatient and military ID (if available).

3. The presence at the workplace of allergenic, carcinogenic or reproductive system factors (in the list of factors they will be marked respectively with the letters A, K, P) will be the basis for a medical examination of the employee, regardless of the class of working conditions in connection with the possibility of non-threshold effects.

4. The following provisions of Order No. 302n will be seriously revised:

Aerosols of predominantly fibrogenic and mixed type of action (clause 1.1.4 of the List of factors);
- underground work (clause 12 of the List of Works), especially with regard to medical contraindications;
- types of work provided for in paragraphs. 14 - 26 of the List of Works (workers in the food industry, educational institutions and etc.);
- ground control vehicles(clause 27 of the List of Works).

5. New items will be added to the list of works, during the performance of which mandatory preliminary and periodic medical examinations (examinations) of employees are carried out:

Diving operations (six sub-items);
- work on transport management on the subway.

6. Factor "forced eye contact with a video terminal” will be separated into an independent point with a separately agreed scope of examination and medical contraindications.

7. In the list of harmful and (or) hazardous production factors, in the presence of which mandatory preliminary and periodic medical examinations (examinations) are carried out, overloading of the vocal apparatus will be added. This is one of the most important innovations of this classifier.

8. The psychiatrist and narcologist will be excluded from the mandatory scope of examinations.

9. An ophthalmologist and ophthalmotonometry will be included in the mandatory list of examinations.

10. Specialist doctors (surgeon, neurologist, otorhinolaryngologist, dermatovenereologist, oncologist, urologist, allergist) can be involved in the work of the medical commission if (on the basis of) medical indications.

11. An examination by an ENT doctor will become mandatory for all workers performing work at height.

12. Pure tone audiometry will remain mandatory only for workers working in noisy environments. In all other cases, acumetry (a study of whispered speech) will be carried out.

13. Fibrogastroduodenoscopy for workers in special geographical areas will be marked with an “*” (only by indications).

14. In relation to workers performing work related to exposure to ionizing radiation, as well as a number of chemicals, a psychophysiological study will be carried out.

15. In the event that the frequency of laboratory or functional studies exceeds the frequency of periodic medical examinations, the employer will refer to these studies, and the conclusion on the presence (absence) of medical contraindications will be issued by the chairman of the medical commission together with a specialist doctor corresponding to the profile of the study.

16. Glaucoma of any degree and compensation will be included in the number of medical contraindications for work at height.

17. The presence of an artificial lens will be excluded from the list of medical contraindications for working as a driver.

18. Lack of binocular vision is planned to be added to the number of medical contraindications for working with optical instruments.

19. The degree of color perception impairment, which serves as a contraindication for working as a driver, will be specified - dichromasia and monochromasia.

20. Post-infarction cardiosclerosis will serve as a general medical contraindication for the decreed contingent (i.e., for workers not employed in harmful and (or) dangerous working conditions, but subject to mandatory medical examination) only if there is a circulatory disorder of the 2nd degree or higher.

21. Hearing loss is planned to be excluded from the number of medical contraindications for work in noise conditions and with moving mechanisms for persons who have undergone special training.

22. In relation to such diseases as coronary heart disease, hypertension, discirculatory encephalopathy, etc., appearing as medical contraindications to certain types of work, references to the degree (stage) of the disease will be added.

23. Occupational disease will be defined as a medical contraindication to the performance of work associated with exposure to harmful factors that caused it.

24. Clause 48 of Procedure No. 302n, dedicated to general medical contraindications, will be revised.

25. Drawing up a conclusion based on the results of a periodic medical examination will not be mandatory for all employees, but only for those with medical contraindications. The medical organization will be obliged to transfer information about this to the employer within three days.

26. After the release of the new order, it is planned to approve guidelines on the organization and conduct of preliminary and periodic medical examinations (examinations), containing forms required documents. In the future, it is planned to develop methods for assessing the risk of developing occupational diseases.

27. A separate order of the Ministry of Health of Russia is planned to approve the procedure for medical examination for the right to drive personal vehicles.

A.Yu. Bushmanov,
first deputy CEO FGBU SSC“Federal Medical Biophysical Center. A.I. Burnazyan”FMBA of Russia,Chief Freelance Occupational PathologistFMBA of Russia and Ministry of Health of Russia

A.S. Kretov,
expert-professional pathologist of the Federal State Budgetary Institution SRC “Federal Medical Biophysical Center named after A.I. A.I. Burnazyan” FMBA of Russia, Secretary of the profile working group on occupational pathology of the Ministry of Health of Russia

Order 302n dated 04/12/11 of the Ministry of Health and Social Development on medical examinations and commissions is given. A form of referral from the employer for a mandatory medical examination or medical examination when applying for a job is given. This sample form in the form from 2018 - 2019 can be downloaded for free. A list of harmful production factors of order 302n by profession for a mandatory medical examination is given.

The procedure for conducting medical examinations

The procedure for conducting mandatory medical examinations of employees is given in Appendix 3 to the order of the Ministry of Health and Social Development dated April 12, 2011 No. 302n. The procedure for conducting pre-shift, pre-trip and post-shift, post-trip medical examinations of people. Which manage transport, approved by order of the Ministry of Health of December 15, 2014 No. 835n. For all other categories of employees, these documents can also be applied.

Types of medical examinations

Mandatory medical examinations are divided into three types:

• preliminary;
• periodic;
• extraordinary.

Such a classification of medical examinations is provided for by the provisions of part 1.

For certain categories of employees, mandatory medical examinations (examinations) may be provided. They are carried out at the beginning of the working day (shift). And also during and (or) at the end of the working day (shift). The time for passing such medical examinations (examinations) is included in work time. This procedure is provided for by part 3 of Article 213 of the Labor Code. Such medical examinations are required to pass employees engaged in underground work (Article 330.3 of the Labor Code).

Medical examination at work, when is an employee required to undergo an examination in accordance with order 302n?

List of harmful or dangerous production factors and works. During which a periodic medical examination is carried out. And mandatory preliminary and periodic medical examinations at the doctor's office, approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n. Medical examinations are mandatory if the work is associated with harmful or dangerous factors. Among such factors, the electromagnetic field of the broadband frequency spectrum from a PC is mentioned. Work on reading and entering information. Work in the dialogue mode in the amount of at least 50% of the working time. At the same time, it is not stipulated that the need for a medical commission depends on working conditions.

An employee who uses a computer for more than 50% of the working time must undergo a medical examination. Between medical examinations, not only periodic (once every two years), but also a preliminary medical examination. That is, before getting a job (letters dated 03.21.14 No. 15-2 / OOG-242, dated 08.18.15 No. 15-1 / OOG-4397).

Who conducts medical examinations

The employer is required to organize medical examinations of employees. To do this, the organization enters into an appropriate agreement with a medical institution. Who has a license for medical activities (clause 6 of the Procedure, approved by order of the Ministry of Health and Social Development of April 12, 2011 No. 302n, clause 46, part 1, article 12 of the Law of May 4, 2011 No. 99-FZ).

Also, the employer can conduct medical examinations (for example, pre-trip) in their own first-aid post. Who has a license to practice medicine. The right to conduct preliminary and periodic medical examinations (clause 46, part 1, article 12 of the Law of May 4, 2011 No. 99-FZ, clause 4 of the Procedure, approved by order of the Ministry of Health and Social Development of April 12, 2011 No. 302n).

Should the organization, when conducting medical examinations (including pre-trip) in its own first-aid post, obtain a license for this type of activity. Conducting medical examinations is not the main activity of the organization

Yes, it should. Medical activity is licensed. Medical examinations (including pre-trip) are medical services. They are subject to licensing (clause 46, part 1, article 12 of the Law of 04.05.2011 No. 99-FZ. List to the Regulation, approved by Government Decree of 16.04.2012 No. 291). No exemptions for medical activities. For own needs, the legislation on licensing does not provide. Therefore, when conducting medical examinations (including pre-trip ones) in your own first-aid post, you must obtain a license for this species activities.

The need to obtain a license for medical examinations is also indicated in paragraph 8 of the Procedure approved by order of the Ministry of Health dated December 15, 2014 No. 835n.

Is an employee of the organization (for example, an accountant) who has a diploma of medical education entitled to conduct pre-trip medical examinations of drivers. The organization does not have its own medical center

No, not right. Organizations of all forms of ownership and entrepreneurs are required to organize mandatory pre-trip medical examinations of drivers. For those who have road transport (clause 1, article 20, article 23 of the Law of December 10, 1995 No. 196-FZ).

An organization can organize a mandatory medical examination either in its own first-aid post. Or under an agreement with a medical institution. A medical institution with which a contract for medical examinations has been concluded. It must have a license for this type of activity (clause 46, part 1, article 12 of the Law of May 4, 2011 No. 99-FZ).

If the organization independently conducts a pre-trip medical examination. It needs to be done only medical workers. In this case, the organization itself must obtain a license. This is provided for by paragraph 8 of the Procedure, approved by order of the Ministry of Health of December 15, 2014 No. 835n.

Thus, if an employee of an organization has only a diploma of medical education, but does not have the appropriate certificate, then he is not entitled to conduct mandatory medical examinations.

The requirement for the qualifications of employees is not the only one when conducting a medical examination on their own.

Medical examinations are mandatory even when selling manufactured goods, according to the Supreme Court

Preliminary and periodic medical examinations must be passed by all employees of trade organizations. Including those who are not directly involved in the sale of products. It doesn't matter what exactly the company sells - food products or machines. This conclusion was reached by the Supreme Court in its decision dated December 6, 2017 No. 34-AD 17-5.

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For example, mandatory medical examinations are provided for those who are employed:

• in public utility organizations. Providing hairdressing and cosmetic services (clause 9.29 SanPiN 2.1.2.2631-10, approved by the decision of the chief sanitary doctor of May 18, 2010 No. 59);
• construction industry (clause 13.1 of SanPiN 2.2.3.1384-03. approved by the decision of the chief sanitary doctor of 11.06.2003 No. 141);
• in organizations Catering(clause 13.1 of SanPin 2.3.6.1079-01. approved by the decision of the chief sanitary doctor of 08.11.2001 No. 31);
• at work related to the maintenance of electric power facilities (Procedure approved by order of the Ministry of Energy of August 31, 2011 No. 390);
• on railway transport common use(Procedure approved by the order of the Ministry of Transport of July 16, 2010 No. 154).

Employees under 18 and professional athletes also undergo mandatory medical examinations (Articles 69, 266, 348.3 of the Labor Code).

An entrepreneur-driver must undergo mandatory pre-trip medical examinations. And post-flight health checks too. If he is engaged in transportation and manages transport himself. This is provided for by paragraph 4 of Article 23 of the Law of December 10, 1995 No. 196-FZ. Clause 3 of the Procedure approved by the order of the Ministry of Health of December 15, 2014 No. 835n.

Is the administration of a medical institution, when hiring an employee who has no contact with patients, entitled to undergo a medical examination and a medical book

Yes, right. Employees of medical institutions, including children's. Must undergo pre-employment health screenings. No exceptions for employees. All employees pass. Even those who are in direct contact with children (sick) are not.

Data on the passage of medical examinations is entered into the personal medical book of the employee. When hiring, the administration may require the employee to undergo a medical examination. Or a medical book with data on its passage. An employee who refuses to undergo a medical examination should not be allowed to work. (Article 69, part 2 of article 213 of the Labor Code, article 34 of the Law of March 30, 1999 No. 52-FZ, clause 15.1 of SanPiN 2.1.3.2630-10, approved by the decision of the chief state sanitary doctor of May 18, 2010 No. 58) .

Who should pay for the issuance of a personal medical book for an employee - an organization or an employee

The organization must pay these costs. A personal medical book indicates the suitability of an employee for health reasons to perform a certain job. To obtain the appropriate marks, the employee takes tests, undergoes an examination, etc. All these activities must be financed by the employer (Articles 213, 266 and 348.3 of the Labor Code).

What responsibility is provided for an employee if, having received a medical book at the expense of the employer, he quit or did not start work at all

The employee does not bear any responsibility for such actions. Firstly, the law obliges the employer to pay for all medical examinations (examinations) (Articles 213, 266 and 348.3 of the Labor Code). Secondly, termination employment contract By own will- Voluntary will of the employee. Therefore, it is impossible to oblige an employee to pay the costs of obtaining a personal medical book. Labor legislation does not provide for the possibility of recovering damages from an employee. If caused due to refusal to conclude an employment contract.

Medical examinations and SOUT can be carried out at the expense of the FSS. Please submit your application by August 1st

The following activities can be financed by the Social Insurance Fund:

• labor protection training for established categories of employees;
• Spa treatment;
• purchase of personal protective equipment;
• mandatory periodic medical examinations;
• purchase of first aid kits medical care, tachographs, breathalyzers.

All documents must be properly completed. Contain correct information. The applicant on the day of submission of documents should not have arrears in payment of insurance premiums. Unpaid penalties and fines.

Note: Download the financial security application form. Format.doc 41 Kb, Ministry of Labor of the Russian Federation: Order 598n dated 09/02/14 (as amended on 04/04/2017)

Documents are submitted by the public services insurer through the MFC. With a personal visit to the FSS or by mail.

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When employees who work at a computer should not undergo medical examinations

When employees work at the computer for more than half of their working time. But at the same time, their working conditions are recognized as optimal or acceptable. The employer may not send them to preliminary and periodic medical examinations. This was announced by Rostrud in a letter dated February 28, 2017 No. ТЗ / 942-03-3.

With regard to a number of factors listed in the List, it is indicated. What passing medical examinations necessary when attributing working conditions to harmful conditions. For example, for the factor "Low air temperature in industrial premises". And for the factor “electromagnetic field of the broadband frequency spectrum from a PC, there is no such clause. The presence of hazardous radiation and the assignment of work on this factor to "harmful" is possible only according to working conditions. In this part, Order No. 302n contradicts the provisions. This article directly states: employees are sent to undergo mandatory preliminary and periodic medical examinations. Those who are employed in jobs with harmful or dangerous working conditions.

Rostrud officials draw the following conclusion. If the current results confirm that the working conditions of the employee. Who works at the computer, optimal or acceptable. The employer is not obliged to send him for a medical examination.

Kontur.Accounting: Keep personnel records and calculate salaries in a web service for free

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Preliminary medical examinations

Preliminary mandatory medical examinations are carried out upon employment. Their goal is to determine before concluding an employment contract. Can a candidate apply for a particular position for health reasons.

If a preliminary medical examination is carried out in a medical institution. To obtain a medical certificate, the candidate must be issued a referral. In the direction for a medical examination issued to the applicant for a position in hazardous (dangerous) work, indicate the harmful (dangerous) production factors. With which the employee will face after employment on vacant position. In addition, in the direction indicate:

• the name of the employer;
• form of ownership and organization according to OKVED;
• the name of the medical organization, the actual address of its location and the OGRN code;
• type of medical examination (preliminary);
• surname, name, patronymic, date of birth of the applicant;
• the name of the structural unit of the organization (if any), in which the candidate will be employed;
• the name of the position (profession) of the applicant or the types of work that he will perform.

A referral for medical examinations is issued to a person against a signature. The employer must organize the accounting of issued referrals.

Note: See paragraphs 7, 8 of the Procedure approved by the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

Currently unified form There are no referrals for medical examinations. The organization has the right to develop it independently.

Is it necessary to undergo a medical examination for an employee who was fired and then re-hired for the same job?

If an employee who was employed in "harmful" jobs quit. And then again accepted for the same job. Then he must re-pass a preliminary medical examination. That is, if the employee was fired (with the termination of the employment contract). And then he was hired for the same job, all the requirements apply to him labor law. Including in terms of passing a mandatory preliminary medical examination. This conclusion follows from the letter of the Ministry of Labor of Russia dated April 28, 2017 No. 15-2 / OOG-1224.

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Periodic medical examination

Periodic mandatory medical examinations are carried out during the entire period of work of the employee in the organization. Their goal is to monitor the health of employees. Timely detection of occupational diseases. For periodic medical examinations, create a list of employees who:

• are exposed to harmful production factors specified in the list. Approved by the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n. Also, harmful factors are established based on the results of a special assessment of working conditions (attestation of workplaces) and in the course of laboratory research and testing;
• carry out work according to the list approved by the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

Note: Clause 19 of Procedure No. 302n, clause 5 of Article 7 and subparagraph 1 of clause 3 of Article 10 of Law No. 426-FZ.

Send the approved list to the territorial body of Rospotrebnadzor within 10 days (clause 21 of Procedure No. 302n).

Based on this list, make a list of names of employees. who need to pass periodic inspection. If a medical examination is carried out in relation to employees. Employed in harmful (dangerous) work. It must indicate harmful (dangerous) production factors. that affect employees.

Send the name list of employees to the medical organization. Not later than two months before the start date of the periodic medical examination agreed with this organization

Note: a (clause 23 of the Order)

.

Having received a list of names, the medical institution makes calendar plan conducting medical examinations. Coordinate with the organization. The employer must familiarize employees with this plan. But no later than 10 days before the start of the medical examination.

Give the employee a referral before the periodic medical examination. It is issued in the same manner as during the preliminary medical examinations. (clause 24 of Order No. 302n). The direction is issued to the person under the signature. The employer must organize the accounting of issued referrals.

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Form 302n Direction for medical examination of the driver, sample, example excel format, guarantor

There is no unified referral form for a preliminary periodic medical examination. The organization has the right to develop it independently. A form for a medical examination, a referral for a medical examination from the employer is issued to a person against signature. Specify the type of medical examination (preliminary or periodic). Indicate in it the harmful (dangerous) production factors that the employee will encounter after employment in a vacant position. The employer must organize the accounting of issued referrals

Below is an example of a medical referral. Suitable for the driver, the seller. It can be downloaded for free.

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Reporting

Information about the preliminary and periodic mandatory medical examinations carried out should be reported to the FSS. Fill in table 5 in the calculation in the form 4-FSS. Based on these data, the FSS will set a discount for the organization. Or a surcharge to the contribution rate. On compulsory insurance from accidents at work and occupational diseases (subparagraph 18, paragraph 2, article 17 of the Law of July 24, 1998 No. 125-FZ).

Responsibility for not conducting a medical examination

An employee who has not passed the mandatory medical examination cannot be allowed to work. By virtue of paragraph 12 of part 2 of Article 212 of the Labor Code. For violation of this requirement, the labor inspectorate may fine:

• organization in the amount of 110,000 to 130,000 rubles;
• officials organizations (for example, a manager) in the amount of 15,000 to 25,000 rubles;
• entrepreneur in the amount of 15,000 to 25,000 rubles.

Inspectors can learn about a violation from an employee's complaint or during an inspection.

For violation of the procedure for conducting mandatory medical examinations of drivers, administrative liability is provided. If the waybill does not contain a record of the driver passing a medical examination. Or an unqualified doctor made a note about the examination of the driver in the waybill. And someone else.

The amount of the fine under Article 11.32 of the Code of Administrative Offenses:

• for citizens - from 1000 to 1500 rubles;
• for officials of the organization (for example, the head) - from 2000 to 3000 rubles;
• for organizations - from 30,000 to 50,000 rubles.

For the absence of waybill marks on the driver's passing a pre-trip medical examination, the traffic police inspector can fine:

• manager - 5000 rubles;
• 
  The article will help in a dispute with an employer regarding the qualification of an injury at work. For this you need to contact labor inspection with a complaint. It will set out in detail all the circumstances of his injury.