213 article of the labor code psychiatric examination. Labor Code and Medical Examination. Regular psychiatric evaluation of some workers

Workers engaged in work with harmful and (or) dangerous conditions labor (including underground work), as well as work related to traffic, undergo mandatory preliminary (upon admission to work) and periodic (for persons under the age of 21 - annual) medical examinations to determine the suitability of these workers for performance of the assigned work and prevention of occupational diseases. In accordance with medical recommendations, these workers undergo extraordinary medical examinations. Employees of food industry organizations, Catering and trade, water supply facilities, medical organizations and children's institutions, as well as some other employers undergo these medical examinations in order to protect public health, prevent the occurrence and spread of diseases. By this Code, others federal laws and other regulatory legal acts Russian Federation for certain categories of employees, compulsory medical examinations may be established at the beginning of the working day (shift), as well as during and (or) at the end of the working day (shift). The time for passing the specified medical examinations is included in working hours. Harmful and (or) dangerous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations are carried out, the procedure for conducting such examinations is determined by the federal body authorized by the Government of the Russian Federation executive power... If necessary, by decision of the authorities local government individual employers may introduce additional conditions and indications for mandatory medical examinations. Workers carrying out certain types activities, including those associated with sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as those working in conditions of increased danger, pass the mandatory psychiatric examination at least once every five years in accordance with the procedure established by the federal executive body authorized by the Government of the Russian Federation. Medical examinations and psychiatric examinations provided for in this article are carried out at the expense of the employer.

Legal advice under Art. 213 of the Labor Code of the Russian Federation

Zhanna Petukhova

labor code question

Ksenia Vasilieva

Can a pregnant woman be denied employment on the basis that honey. examination for honey. books not completed completely ???. That is, honey. the book will contain records of all doctors, except for the phthisiatrician (since fluorography cannot be done), and in honey. In the conclusion, the therapist will write "the medical examination cannot be completed according to medical recommendations." Please answer those who really faced a similar situation.

Peter Malakhov

The director asked to go to doctors and have a mark in honey. book at his own expense Is he right?

Lawyer's answer:
Labor legislation classifies compulsory medical examinations as the employer's obligation to ensure safe working conditions and labor protection. This is stated in article 212 of the Labor Code of the Russian Federation. According to part 6 of article 213 of the Labor Code of the Russian Federation, mandatory medical examinations (examinations) are carried out at the expense of the employer.

Fedor Baimurzaev

how to make a medical book officially?

Officially, you must be sent by the employer !!! If you are an employer yourself (individual entrepreneur, for example), but you need to go to the SES, write an application addressed to the chief doctor, conclude an agreement, pay the state duty, buy a form of a medical book, go through ...

Ekaterina Grigorieva

Hello! Please tell me who pays for the medical examination when applying for a job? Today they said that a law was recently passed, according to which the employer is obliged to pay for the medical examination. And the employer says that the first medical examination is at my expense.

Lawyer's answer:
According to article 213 of the Labor Code of the Russian Federation, the employer is obliged to pay the medical examination in the following cases: - if the employee is employed in heavy or hazardous work, for example, underground, with the use of harmful substances, etc., in this case, the employee passes medical checkup not only when hiring, but also periodically, in order to prevent the development of occupational diseases; - if labor duties are related to the movement of transport, then the employee undergoes a medical examination when hiring, and young people under the age of twenty-one and subsequently annually; - if the official duties are related to work in medical and prophylactic and children's institutions, in the food industry, catering and trade, water supply facilities.

Lydia Bogdanova

Mandatory medical examination ... See inside .. I work as a clerk in the d / s. They accepted me during the vacation of the main employee, demanding only blood and fluor. Which I have provided in the freshest form. After the vacation, the main employee took me on permanently. But now they demand that I pass the book, also at my own expense (and this is the 4th part of my salary), or they will be suspended from work. The question is: can I not go through all these bakanalysis and so on. After all, I do not work with children and on food ... And what threatens me with the fact that they will remove me? Will I pay a fine?

medical examination at the expense of the employer. Art. 213 of the Labor Code: ... The medical examinations (examinations) and psychiatric examinations provided for in this article are carried out at the expense of the employer. And for this to remove the secretary from work in the kindergarten? ...

Cyril Ceres

Tell me about the certification. As a result of attestation of the engineer's workplace, 30% harmful factors(in the certification card), that is, there is no harm, but earlier the bonus system of remuneration was established in the organization, can the bonus be cut based on the certification results and is the employee obliged to undergo a periodic medical examination for harmfulness

Lawyer's answer:
we carried out certification of workplaces, as a result of which no harm was detected either, and accordingly no additional payments for harm will be charged, you are paid a bonus not for harm, so no one will take it away, but honey. inspections are conducted differently in each organization. I work at a school, we must undergo a periodic examination once a year, a medical examination every 5 years (we prescribe this in labor contracts) with references to Article 213. 214 of the Labor Code.

Pavel Adinets

What if I didn’t have time to undergo a prophylactic examination within the time period set by the employer? Tell me how the employer can punish if I did not have time to undergo a medical examination within the time period set by him? Can I pass it 2 later? How can they be punished for this? You will have to pass at the expense own funds or employer's funds?

Lawyer's answer:
In accordance with Articles 213, 266 and 212 of the Labor Code of the Russian Federation, the employer is obliged to conduct mandatory medical examinations (examinations) of certain categories of workers at the expense of the employer. According to article 76 of the Labor Code of the Russian Federation, article 139 of the Labor Code of the Russian Federation. YOU MUST KNOW. WHAT YOU SHOULD GIVE A DIRECTION FOR A MEDICAL EXAMINATION IN TWO MONTHS AND PROVIDED SPECIFICALLY DAYS. But will you be in conflict? Illegal, BUT MOST OFTEN USED WAY TO COVER DELAY, THIS APPLICATION IS AT YOUR OWN EXPENSE.

Denis Bachurov

in what cases the employer can withhold the cost of the medical commission from the employee

The employer's obligation to organize, at its own expense, mandatory preliminary medical examinations of certain categories of employees is provided for in part 2 of article 212 of the Labor Code. Categories of workers for whom ...

Irina Medvedeva

is the employer obliged to pay the medical commission if the employee has worked for 2 days?. is the employer obliged to pay the medical commission if the employee has worked for 2 days?

Art. 213 of the Labor Code. All medical examinations are at the expense of the employer

- Lawyer's answer:
  "Personnel officer. Labor law for a personnel officer ", 2007, No. 3 Question: Who (an employee or a company) should pay for the receipt of a personal medical book by an employee? After all, Article 212 of the Labor Code does not directly state that the employer must pay for the full registration of the document? the fact that the employer issued a personal medical record for him at his own expense, but the employee turned out to be dishonest and, having received a personal medical record, submits an application for dismissal or does not start work at all? Answer: The answer to this question is not contained in Art.212 of the Labor Code RF, and in article 213 of the Labor Code. Part 6 of this article contains the following norm: medical examinations (examinations) and psychiatric examinations are carried out at the expense of the employer. a certain job... To obtain the appropriate marks, the employee takes tests, undergoes examinations, etc. - in a word, undergoes a medical examination. And all these activities are financed by the employer. Another thing is that employees very often do exactly as you described it. However, the employee does not bear any responsibility for such "deliberate" actions. Firstly, the law unambiguously obliged the employer to pay for all medical examinations (examinations), and secondly, the termination of the employment contract for on their own- voluntary expression of the will of the employee, which cannot be prevented. Therefore, it is impossible to oblige an employee to work, "fulfilling" the costs of obtaining a personal medical record. Likewise, labor legislation does not provide for the possibility of recovering losses from an employee caused by failure to conclude an employment contract.

Zoya Efimova

At the enterprise, the medical examination (annual) at the expense of the employer, and the medical book at my expense?

In accordance with article 213 of the Labor Code of the Russian Federation of December 30, 2001 N 197-FZ, medical examinations (examinations) and psychiatric examinations provided for by this article are carried out at the expense of the employer.

Christina Veselova

Who pays for the medical examination when applying for a job? I am registered at the Employment Center, I was sent from there with a referral to work in a teacher training college (laboratory assistant). This is the first time I get a job. I am 17. They told me so much to go through a medical commission of 1200 rubles. Buy honey book 250 rubles. certificates to put in a psychiatric hospital and addiction treatment 500 rubles. from the police a certificate of conviction. ... etc. The employer said that he would return 1200 money for the honey commission in a month and I have to give the rest 1000 from my own pocket? ? What is this nonsense? ? I have no money to pay for all this. ... I’m unemployed and didn’t work at all. My parents tell me the employment center can pay? ? I don’t understand anything, please explain? How to get a job if there is no money at all to pay these medical examinations ??

Lawyer's answer:
All mandatory medical examinations are paid for by the employer. This is a requirement of Articles 212 and 213 of the Labor Code of the Russian Federation. Guarantees for employees sent for medical examination are set out in article 185 of the Labor Code of the Russian Federation. And also - For the duration of the medical examination (examination), employees who are obliged in accordance with this Code to undergo such an examination (examination) are retained average earnings at the place of work (Guarantees to employees sent for a medical examination (examination)

Evdokia Fedotova

About passing the medical examination.

Medical examinations of workers. If necessary, by decision of local authorities, individual employers may introduce additional conditions and indications for conducting mandatory medical examinations (examinations ...

Zhanna Pavlova

If you do not work for labor, then will it be necessary to undergo a medical examination? I get a job as a toy seller, I don’t seem to know by work book... If not for labor, then it will not work Social package and honey examination? I understand so?

Lawyer's answer:
Actually, honey. inspection is provided for by the Labor Code (the requirement of Articles 212.185 and 213 of the Labor Code of the Russian Federation). All mandatory medical examinations are paid for by the employer. If your employer saves money and therefore does not draw up according to the Labor Code of the Russian Federation, but does it according to a GPC agreement, then I do not think that he will have the funds to pay for your honey. inspection. ... If he wants to force you to pay for such rounds of doctors for work on your own, run away from there. ... because it does not bode well for anything. ... or threaten with the labor inspectorate, in the SEAD, but then they may refuse to work ..

Alexandra Romanova

Are there literate people on the site?

Stanislav Romshin

Tell me please. (ext). Usually, all organizations, enterprises and individual entrepreneurs pay for a scheduled medical examination of their employees. Is it possible that workers in the regional hospital have to pay for the medical examination themselves? If not, where should you go with a complaint so that the institution and its accounting department are seriously checked?

We agreed on part 6 of Article 213 of the Labor Code. Perhaps they forgot about its existence!

Vladislav Teryakhin

Good evening .. The next question. There is a small online store. It has 10 employees. All delivery is carried out by courier, with rare exceptions when it is more convenient for customers to call the office 1-2 times a week. The first question is should there be a complaint book? The second question is whether managers should have medical records? If possible, please refer to the relevant legislation. Thank you in advance.

Lawyer's answer:
1). The book "Comments and suggestions" should be. 2). In accordance with Articles 213, 266 and 212 of the Labor Code of the Russian Federation, the employer is obliged to conduct mandatory medical examinations (examinations) of certain categories of workers at the expense of the employer. According to article 76 of the Labor Code of the Russian Federation, the employer is obliged to suspend from work (not allow to work) an employee who has not passed, in accordance with the established procedure, a mandatory preliminary or periodic medical examination until the named medical examination by the employee is completed. At the same time, if the employee did not pass such a medical examination through no fault of his own, he is paid for the entire period of suspension from work as for idle time. Employees who are obliged to undergo periodic medical examinations at the time of such examinations are retained the average earnings at their place of work. Average wage in this case, it is calculated in accordance with the requirements established by article 139 of the Labor Code of the Russian Federation. More The question arising from this: “Have you carried out certification and certification of workplaces?” But this is a mandatory procedure. It will be seen from it whether you need to have medical books (periodic medical examinations) or not. Good luck!! !

Daniil Sapunov

Who must undergo a mandatory psychiatric evaluation?

Lawyer's answer:
In accordance with article 213 of the Labor Code of the Russian Federation, "workers who carry out certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as those working in conditions of increased danger, do not undergo a mandatory psychiatric examination. less often than once every five years in accordance with the procedure established by the Government of the Russian Federation. " The list of workers subject to certification is compiled on the basis of the List of medical psychiatric contraindications for the implementation of certain types professional activity and activities associated with a source of increased danger.

Igor Pastukhov

on what basis to send employees to undergo the next medical examination to continue work (canned plant)

Lawyer's answer:
http://www.hr-portal.ru/article/kogda-i-kak-provodit-medosmotry http://www.niiot.ru/article/article27.htm http://www.profiz.ru/kr/ 2_2009 / prohozhdenie_medosmotra / Extract from the Labor Code of the Russian Federation Article 213. Workers engaged in heavy work and work with harmful and (or) dangerous working conditions (including underground work), as well as work related to traffic, undergo mandatory preliminary (upon admission to work) and periodic (for persons under the age of 21 - annual) medical examinations (examinations) to determine the suitability of these workers to perform the assigned work and prevent occupational diseases. In accordance with medical recommendations, these workers undergo extraordinary medical examinations (examinations). Employees of food industry organizations, public catering and trade, water supply facilities, medical and prophylactic and children's institutions, as well as some other employers undergo these medical examinations (examinations) in order to protect public health, prevent the occurrence and spread of diseases. Harmful and (or) hazardous production factors and work, during which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the procedure for their conduct are determined by regulatory legal acts approved in the manner established by the Government of the Russian Federation. If necessary, by decision of local authorities, individual employers may introduce additional conditions and indications for compulsory medical examinations (examinations). Employees carrying out certain types of activities, including those associated with sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as working in conditions of increased danger, undergo a mandatory psychiatric examination at least once every five years in the manner established by the Government Russian Federation. Medical examinations (examinations) and psychiatric examinations provided for by this article are carried out at the expense of the employer. The procedure for conducting preliminary and periodic medical examinations of employees is determined by order of the Ministry of Healthcare of the Russian Federation dated 03.14.1996 No. 90 (as amended on 02.06.2001).

Alexandra Kudryavtseva

who should pay for the medical examination of employees preschool institutions?

Lawyer's answer:
In accordance with Part 2, Article 213 of the Labor Code of the Russian Federation - employees of food industry organizations, catering and trade, waterworks, treatment and prophylactic and childcare facilities, as well as some other employers undergo the specified medical examinations (examinations) in order to protect public health , prevention of the occurrence and spread of diseases. In accordance with part 6, article 213 of the Labor Code of the Russian Federation, the medical examinations (examinations) and psychiatric examinations provided for by this article are carried out at the expense of the employer.

Svetlana Sidorova

Is the organization obligated to pay the costs for the preliminary medical examination of the employee .. I work at a university. We received a statement from an employee: I ask to reimburse expenses in the amount of 200 rubles in connection with the preliminary medical examination when receiving a certificate from a neuropsychiatric dispensary (a check and a contract for the provided paid medical services are attached). Are we obligated to pay for these services?

Lawyer's answer:
Medical examinations (examinations) in accordance with Articles 213, 266 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) are carried out at the expense of employers. With regard to the preliminary medical examination (examination) carried out in accordance with Art. 69 of the Labor Code of the Russian Federation, see the Procedure for conducting preliminary medical examinations, approved by order of the Ministry of Health and Social Development of the Russian Federation of April 12, 2011 No. 302n).

Dmitry Bezguskov

Lawyers, explain how the employer is paid, Extraordinary medical examinations? What acts regulate this ?. Is this correct; The employee brought a receipt for payment for the Extraordinary medical examination and the employer paid for it? Can the employer refuse to pay, since this medical examination is not regular or mandatory ???

Lawyer's answer:
Extraordinary (early) medical examinations are carried out in accordance with a medical opinion or at the conclusion of territorial bodies Federal Service on supervision in the field of consumer protection and human well-being with obligatory justification in the direction of the reasons for an early (extraordinary) examination (examination) (Art. 213 of the Labor Code of the Russian Federation). According to article 219 of the Labor Code of the Russian Federation, each employee has the right to an extraordinary medical examination (examination) in accordance with medical recommendations, while retaining his place of work (position) and average earnings during the specified medical examination (examination). Based on the provisions of Articles 213, 266 and 212 of the Labor Code of the Russian Federation, it follows that mandatory preliminary, periodic and extraordinary medical examinations are carried out at the expense of the employer. But there is a procedure for organizing medical examinations - they are carried out by medical and preventive institutions (organizations) with any form of ownership, having an appropriate license and certificate, on the basis of agreements on the provision of medical services... Therefore, what kind of receipt we are talking about is not entirely clear.

Peter Volskikh

Should the employer return the money for the next medical examination and in what regulations is it secured?

Article 213 of the Labor Code. Not that to return the money, but he himself had to pay for the medical examination.

Fyodor Samofalov

Will the employer pay me the medical board ?. I'm getting a job, Vlazer LLC, official employment full of social plastic bag. They said to go through the medical commission, respectively, they gave a statement with which it is necessary to fuss over the doctors. The narcological dispensary and the neuropsychiatric dispensary indicated where. The rest of the doctors were told to go to their clinic. The narcological certificate is 250 rubles, the neuropsychiatric certificate is 300 rubles, the medical board of the rest in the polyclinic costs 1550. Will the company pay me the full cost of the medical commission?

Based on paragraph 6 of Art. 213 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation) medical examinations (examinations) and psychiatric examinations provided for by this article are carried out at the expense of the employer.

Lyubov Dmitrieva

Is a health certificate issued for the sale of food products?

Lawyer's answer:
FEDERAL LAW of 30.03.1999 N 52-FZ (as amended on 08.11.2007) "ON SANITARY AND EPIDEMIOLOGICAL WELFARE OF THE POPULATION" (adopted by the State Duma of the Federal Assembly of the Russian Federation on 12.03.1999) Article 34. Mandatory medical examinations1. In order to prevent the emergence and spread of infectious diseases, mass non-infectious diseases (poisonings) and occupational diseases, workers of certain professions, industries and organizations when performing their job responsibilities must undergo preliminary and periodic preventive medical examinations upon admission to work (hereinafter referred to as medical examinations). 2. If necessary, on the basis of proposals from bodies exercising state sanitary and epidemiological supervision, decisions of state authorities of the constituent entities of the Russian Federation or local self-government bodies in individual organizations (workshops, laboratories and other structural units) additional indications may be introduced for medical examinations of workers. 3. Individual entrepreneurs and legal entities are obliged to provide the conditions necessary for the timely passage of medical examinations by employees. 4. Employees who refuse to undergo medical examinations are not allowed to work. 5. Data on the passage of medical examinations are subject to entry into personal medical books and registration by medical and preventive organizations of the state and municipal health systems, as well as by bodies exercising state sanitary and epidemiological supervision. 6. The procedure for compulsory medical examinations, accounting, reporting and issuance of personal medical books to employees is determined by the federal executive body authorized to carry out state sanitary and epidemiological supervision. Labor Code of the Russian Federation: Article 213. Medical examinations of certain categories of employees trade, water supply facilities, treatment-and-prophylactic and children's institutions, as well as some other employers undergo these medical examinations (examinations) in order to protect public health, prevent the occurrence and spread of diseases.

Boris Tyrin

how often do you need to do fluorography? My mother works as a seller of industrial products (a gold, silver shop, etc.) and every year she is forced to do fluorography. I heard somewhere that for industrial product sellers you can do fluorography 1 in two years. Maybe you can help me find documentary evidence of this, an article or a letter from the Ministry. In RosPotrebNadzor, the city of Moscow did not find anything concrete.

Lawyer's answer:
This is a periodic medical examination "The employer must, together with the territorial bodies of Rospotrebnadzor in the Western Administrative District (CJSC), determine the frequency of medical examinations by employees, if such a frequency is not established by law." The norm of the Labor Code of the Russian Federation, Art. 213 And then - mandatory annual medical examinations only for persons under the age of 21. According to the Order of the Ministry of Health and Social Development of Russia of August 16, 2004 N 83, periodic examinations are carried out at least once every two years.

Ivan Semkin

Which law reflects the passage of both preliminary and regular medical examinations?

Lawyer's answer:
Article 213 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) defines the categories of workers who are subject to mandatory medical examinations. In particular: 1) employees engaged in heavy work and in work with harmful and (or) hazardous working conditions, as well as in work related to traffic; 2) employees of food industry organizations, catering and trade, water supply facilities, medical -prophylactic and children's institutions, as well as a number of other categories of workers. Article 266 of the Labor Code of the Russian Federation determines that minors are hired only after passing a preliminary compulsory medical examination. The list of harmful and (or) hazardous production factors and work during which preliminary and periodic medical examinations (examinations), approved by Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 N 83 (hereinafter - Order N 83). Also, Order No. 83 approved the List of works during which preliminary and periodic medical examinations are carried out. Article 212 of the Labor Code obliges the employer, at his own expense, to organize mandatory preliminary medical examinations when applying for work.

Ksenia Davydova

Dismissal of a pregnant woman. Can they and for what?

It seems like it is necessary to work for 6 months, so as not to be fired. And then there are such clever girls who get pregnant and after a month demand that they be paid benefits while they are preparing for childbirth, and so on They have the right to fire before graduation ...

Kristina Bobrova

What is the right thing to do with the bank? How to do the right thing with the bank: a person, knowing the number of my "Privat bank" card, got all my personal data - registration, phones, etc. Then he published this data on an open source.

it would be correct to write to the prosecutor's office to check the legality of all these manipulations, and then file a lawsuit

Leonid Yurshevich

please tell me where you can go?

in the clinic at the place of residence or in any paid one. If you work or apply for a job, the employer MUST send you for a medical examination and pay for it (Article 213 of the Labor Code of the Russian Federation). And you need to go through the examination in that honey ...

Medical examinations of certain categories of workers

1. To determine the suitability of employees to perform the assigned work and to prevent occupational diseases, some categories of employees must undergo compulsory medical examinations. These include, first of all, workers employed in work with harmful and (or) hazardous working conditions (including underground work), as well as in work related to traffic. They undergo mandatory preliminary (upon admission to work) and periodic (for persons under the age of 21, annual) medical examinations. In accordance with medical recommendations, these workers undergo extraordinary medical examinations.

In connection with the adoption of the Law on the special assessment of working conditions by the Federal Law of December 28, 2013 N 421-FZ, from part 1 of the commented article, an indication of such a category of workers as workers employed in heavy work was excluded, since these workers belong to the category of workers employed at work with harmful and (or) dangerous working conditions, for which Part 1 of Art. 213 provides for the passage of mandatory preliminary and periodic medical examinations. As seen from Part 2 of Art. 13 of the Law on Special Assessment of Working Conditions, the severity of labor process is one of the factors of the labor process taken into account when classifying working conditions as harmful and (or) dangerous.

2. In order to protect the health of the population, prevent the occurrence and spread of diseases, these medical examinations must be carried out by employees of organizations of the food industry, public catering and trade, waterworks, medical and prophylactic and children's institutions, as well as some other employers.

So, for example, obligatory preliminary medical examinations upon admission to work and periodic medical examinations are carried out by workers employed in jobs that are related to the manufacture and circulation food products, the provision of services in the field retail food products, materials and products and the public catering sector and during which direct contacts of workers with food products, materials and products are carried out (Article 23 of the Federal Law of 02.01.2000 N 29-FZ "On the quality and safety of food products"). Employees involved in the production, storage, transportation, sale and disposal of milk and its processing products are required to undergo preliminary medical examinations (examinations) upon admission to work and periodic medical examinations (examinations) (Article 22 of the Federal Law of 12.06. 88-FZ "Technical regulations for milk and dairy products"). The personnel involved in the production of edible fat and oil products must undergo preliminary (upon admission to work) and periodic medical examinations (Article 16 of the Federal Law of 24.06.2008 N 90-FZ "Technical Regulations for Fat and Oil Products"). Pedagogical workers must pass in accordance with labor legislation preliminary upon admission to work and periodic medical examinations, as well as extraordinary medical examinations directed by the employer (clause 9 of part 1 of article 48 of the Law on Education).

3. For certain categories of employees, federal laws and other regulatory legal acts of the Russian Federation may establish compulsory medical examinations at the beginning of the working day (shift), as well as during and (or) at the end of the working day (shift). The times for these medical examinations are included in business hours.

For example, for the personnel of facilities for the storage and destruction of chemical weapons, in addition to preliminary (upon admission to work) and periodic medical examinations, it is envisaged to undergo medical examinations before and after work shift(Art. 14 of the Law on the Destruction of Chemical Weapons). The procedure for conducting preliminary and periodic medical examinations of workers involved in the destruction of chemical weapons was approved by Order of the Ministry of Health of Russia dated March 21, 2000 N 101.

In order to ensure the safety of work at electric power facilities, employees directly involved in work related to the maintenance of these facilities undergo mandatory periodic medical examinations, as well as, at the request of employers, pre-shift medical examinations to establish the fact of alcohol, narcotic or psychotropic substance use (Part No. 3, Article 28 of the Federal Law of March 26, 2003 N 35-FZ "On the Electric Power Industry"). The procedure for medical examinations (examinations) of workers directly involved in work related to the maintenance of power facilities is approved by Order of the Ministry of Energy of Russia dated 31.08.2011 N 390.

4. The federal executive body authorized by the Government of the Russian Federation, on which part 4 of the commented article is obliged to determine harmful and (or) hazardous production factors and work, during which mandatory and periodic medical examinations are carried out, the procedure for conducting such examinations is the Ministry of Labor of Russia ( p. 5.2.101 of the Regulation on the Ministry of Labor and social protection Russian Federation, approved Decree of the Government of the Russian Federation of June 19, 2012 N 610).

The list of harmful and (or) hazardous production factors, in the presence of which mandatory preliminary and periodic medical examinations (examinations) are carried out (hereinafter - the List of factors), the List of works during which mandatory preliminary and periodic medical examinations (examinations) of employees are carried out (hereinafter - List of works), The procedure for conducting mandatory preliminary (upon admission to work) and periodic medical examinations (examinations) of workers engaged in heavy work and in work with harmful and (or) hazardous working conditions (hereinafter referred to as the Procedure), approved by the Order of the Ministry of Health and Social Development of Russia from 04/12/2011 N 302n. It should be noted that the changes made to the commented article by Federal Laws of November 25, 2013 N 317-FZ and of December 28, 2013 N 421-FZ, were not reflected in these acts, and therefore they should be applied in accordance with Art. 213.

For an organization in cases established by the legislation of the Russian Federation, mandatory preliminary (upon admission to work) and periodic (during labor activity) medical examinations of employees The Law on Special Assessment of Working Conditions provides for the application of the results of special assessment working conditions (Art. 7).

Harmful and (or) hazardous production factors, in the presence of which mandatory preliminary and periodic medical examinations are carried out, include chemical factors, for example, chemicals with pronounced characteristics of action on the body (allergens, carcinogens, chemicals that have a harmful effect on reproductive function, natural asbestos and mixed asbestos dust, fiberglass, glass and mineral wool, cement, etc.); biological factors (fungi-producers, protein-vitamin concentrates, fodder yeast, compound feed, enzyme preparations, biostimulants, infected material, etc.); physical factors (ionizing radiation, radioactive substances, vibration, industrial noise, high and low temperatures compared to permissible levels, etc.); factors of the labor process (physical overload, sensory loads, etc.).

The number of works during which preliminary and periodic medical examinations are carried out include work at height, climbing work, work on maintenance of lifting structures, work associated with the use of flammable and explosive materials, work in explosion and fire hazardous industries, underground work, work driving vehicles, etc. In this case, the professions and positions of persons performing these works are not provided. Preliminary and periodic examinations are carried out by medical organizations of any form of ownership that have the right to conduct preliminary and periodic examinations, to assess professional suitability in accordance with the current regulatory legal acts with which employers have concluded contracts for conducting preliminary and (or) periodic examinations of employees.

A person entering work for a preliminary medical examination submits to a medical organization: a referral issued by the employer, which indicates harmful and (or) hazardous production factors, the type of work in accordance with the contingent of employees approved by the employer subject to preliminary (periodic) examinations, and others. intelligence; passport (or other document of the established form, proving his identity); employee health passport (if available); the decision of the medical commission that carried out the mandatory psychiatric examination (in cases stipulated by the legislation of the Russian Federation).

For employees to undergo periodic medical examinations, the employer determines the contingents and compiles a list of persons subject to periodic medical examinations, indicating harmful and (or) hazardous production factors, as well as the type of work in accordance with the List of factors and the List of works. The contingent list, developed and approved by the employer, is sent to territorial body federal executive body authorized to carry out federal state sanitary and epidemiological supervision at the actual location of the employer. The list of names is sent by the employer to the specified medical organization no later than two months before the date of the beginning of the periodic examination agreed with the medical organization.

The medical organization, within 10 days from the date of receipt of the list of names from the employer (but no later than 14 days before the date of the start of the periodic examination agreed with the employer), on the basis of the specified list of names, makes calendar plan conducting a periodic examination, which is agreed with the employer (his representative) and approved by the head of the medical organization.

The employer is obliged to familiarize the employees subject to periodic examination with the schedule no later than 10 days before the date of the start of the periodic examination agreed with the medical organization, and also give the person sent for the periodic medical examination a referral before the periodic examination.

The frequency of periodic inspections is determined by the types of harmful and (or) hazardous production factors affecting the employee, or the types of work performed. Periodic inspections are carried out at least within the timeframes specified in the List of factors and the List of works. Employees under the age of 21 undergo periodic examinations annually.

Upon completion of the person's preliminary (periodic) medical examination, the medical organization draws up a conclusion based on the results of the preliminary (periodic) medical examination.

The conclusion is drawn up in two copies, one of which, based on the results of the medical examination, immediately after the completion of the examination, is issued to the person who starts work or who has completed the periodic medical examination, in his hands, and the second is attached to the medical record of the outpatient.

Data on the passage of medical examinations are subject to entry into personal medical books and registration by medical and preventive organizations of the state and municipal health systems, as well as by bodies exercising federal state sanitary and epidemiological supervision.

Participants in emergencies or incidents, workers engaged in work with harmful and (or) hazardous substances and production factors with a one-time or multiple excess of the maximum permissible concentration (MPC) or maximum permissible level (MPL) for the current factor, workers who have (had) a conclusion on the preliminary diagnosis of an occupational disease, persons with persistent consequences of accidents at work, as well as other employees, if the medical commission makes an appropriate decision, at least once every five years, undergo periodic examinations in occupational pathology centers and other medical organizations that have the right to conduct preliminary and periodic examinations, for the examination of professional suitability and examination of the connection of the disease with the profession (clause 37 of the Procedure).

In case of suspicion that an employee has an occupational disease during a periodic examination, a medical organization issues the employee a referral to an occupational pathology center or a specialized medical organization that has the right to conduct an examination of the connection of the disease with the profession, and also draws up and sends in the prescribed manner a notification on the establishment of a preliminary diagnosis of a professional diseases to the territorial body of federal executive bodies authorized to carry out state control and supervision in the field of ensuring sanitary and epidemiological well-being (clause 40 of the Procedure).

An employee may also be sent to an occupational pathology center or a specialized medical organization if it is difficult to determine the employee's professional suitability due to his or her illness and for the purpose of assessing professional suitability (clause 41 of the Procedure).

Institutions that carry out medical and social expertise are the Federal Bureau of Medical and Social Expertise, the main bureaus of medical and social expertise for the respective constituent entity of the Russian Federation, the main bureau that carries out medical and social expertise of employees of organizations of certain industries with particularly hazardous working conditions and the population of certain territories. having branches - bureaus of medical and social expertise in cities and regions (clause 7 of the Administrative Regulations for the provision of public services for medical and social expertise, approved by Order of the Ministry of Health and Social Development of Russia dated 04/11/2011 N 295n). The procedure for the organization and activities of federal government agencies medical and social expertise approved by Order of the Ministry of Labor of Russia dated 11.10.2012 N 310n.

Conducting medical examinations, examinations, investigations with the issuance of opinions (certificates), the implementation of which is provided for by regulatory legal acts regulating the provision of public services for the conduct of medical and social expertise, is covered by the List of services that are necessary and mandatory for the provision of federal executive bodies public services and are provided by organizations involved in the provision of public services (clause 3 of the List of services, approved by the Decree of the Government of the Russian Federation of 05/06/2011 N 352).

Based on the results of the examinations, the medical organization, together with the territorial bodies of the federal executive body authorized to exercise state control and supervision in the field of ensuring the sanitary and epidemiological well-being of the population, and representatives of the employer draws up a final act (clause 42 of the Procedure).

The final act is drawn up in four copies, which are sent by the medical organization within five working days from the date of approval of the act to the employer, to the occupational pathology center of the constituent entity of the Russian Federation, the territorial body of the federal executive body authorized to exercise state control and supervision in the field of ensuring sanitary and epidemiological well-being population.

State supervision (control) over the observance of the procedure for conducting medical examinations is carried out by the federal executive body exercising the functions of supervision and control over the observance of sanitary and epidemiological control, and by its territorial bodies (clause 45 of the Procedure).

5. Special acts regulate the organization of medical examinations of certain categories of workers, taking into account the specifics of production and labor.

For preliminary medical examinations of persons entering work directly related to the movement of vehicles, see the comment. to Art. 328.

Medical examinations and psychophysiological examinations are mandatory for employees of the facilities of use atomic energy... In accordance with Art. 27 of the Law on the Use of Atomic Energy, the implementation of certain types of activities in the field of atomic energy use is carried out by employees of atomic energy facilities if they have permits issued by the authorities state regulation security. One of the prerequisites for obtaining these permits is the absence of medical, incl. psychophysiological, contraindications. The lists of medical contraindications and positions to which these contraindications apply, as well as the requirements for medical examinations and psychophysiological examinations of workers at nuclear facilities, were approved by the Decree of the Government of the Russian Federation of 03/01/1997 N 233.

For the timely detection of health disorders and psycho-emotional state, fatigue and a decrease in professional performance, medical examinations and examinations of rescuers are carried out. Regulations on free medical rehabilitation of rescuers in the Russian Federation, approved by Decree of the Government of the Russian Federation of October 31, 1996 N 1312 provides for the following medical examinations of rescuers: planned (in-depth) - once a year, if more frequent examinations are not provided for medical reasons; pre-expedition - before leaving for the area emergency; current - every day during the liquidation of an emergency (after the end of the work shift); post-expedition - no later than seven days after arrival from the emergency area to the place permanent work(clause 7 of the Regulations).

The law on the prevention of the spread of HIV infection for workers of certain professions, industries, enterprises, institutions and organizations, the list of which is approved by the federal executive body authorized by the Government of the Russian Federation, provides for the passage of compulsory medical examinations to detect HIV infection during mandatory preliminary examinations upon admission to work and periodic medical examinations (Art. 9). The list of employees of certain professions, industries, enterprises, institutions and organizations who undergo compulsory medical examination to detect HIV infection during mandatory preliminary medical examinations upon admission to work and periodic medical examinations is approved by the Decree of the Government of the Russian Federation of 09/04/1995 N 877.

6. Employees carrying out certain types of activities, incl. activities associated with sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as those working in conditions of increased danger, undergo a mandatory psychiatric examination. Such an examination of employees is carried out in order to determine their suitability for mental health reasons for carrying out certain types of activities, as well as for working in conditions of increased danger, on a voluntary basis, taking into account the norms established by the Law of the Russian Federation of 07/02/1992 N 3185-1 "On psychiatric care and guarantees of the rights of citizens in its provision "(Art. Art. 4, 6).

The rules for passing a compulsory psychiatric examination by employees carrying out certain types of activities, incl. activities related to sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as those working in conditions of increased danger, are approved by the Decree of the Government of the Russian Federation of 23.09.2002 N 695. In this case, the approved by the Decree of the Council of Ministers - the Government of the Russian Federation of 28.04. 1993 N 377 List of medical psychiatric contraindications for the implementation of certain types of professional activities and activities associated with sources of increased danger (except for paragraph 5 of the notes to the List).

The examination of an employee is carried out at least once every five years by a medical commission created by a health management body.

To pass the examination, the employee presents a passport or other identity document that replaces it, and presents the direction issued by the employer, which indicates the type of activity and working conditions of the employee.

When passing the certification, the employee can receive clarifications on issues related to his certification.

The commission makes a decision on the suitability (unsuitability) of the employee to perform the type of activity (work in conditions of increased danger) indicated in the direction for certification, which in writing issued to the employee against signature within three days after its acceptance. Within the same period, a message is sent to the employer about the date of the decision by the commission and the date of its issuance to the employee.

If the employee disagrees with the decision of the commission, it can be appealed in court.

7. The medical examinations and psychiatric examinations provided for by the commented article are carried out at the expense of the employer. Along with this, in accordance with sub. 5 p. 1 of Art. 7 of the Federal Law of 02.12.2013 N 322-FZ "On the budget of the social insurance fund of the Russian Federation for 2014 and for the planning period of 2015 and 2016" The social insurance fund of the Russian Federation has the right to make decisions on the direction of the insured up to 20% of the amount of insurance contributions to compulsory social insurance. insurance against industrial accidents and occupational diseases accrued for the previous calendar year, minus expenses incurred in the previous calendar year for financial support preventive measures to reduce industrial injuries and occupational diseases of workers and sanatorium-resort treatment of workers employed in work with harmful and (or) hazardous production factors.

The number of preventive measures to reduce occupational injuries and occupational diseases of workers may include the conduct of mandatory periodic medical examinations of workers employed in work with harmful and (or) hazardous production factors (see, for example, subparagraph "f" of clause 3 of the Rules financial security preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium-resort treatment of workers employed in work with harmful and (or) hazardous production factors, approved. By order of the Ministry of Labor of Russia dated 10.12.2012 N 580n).

8. Passing obligatory preliminary (upon admission to work) and periodic (during employment) medical examinations, other obligatory medical examinations, as well as extraordinary medical examinations directed by the employer in cases stipulated by the Code and other federal laws is the responsibility of the employee. Failure by an employee, without a valid reason, to periodically undergo a medical examination may be considered a violation of labor discipline and entail the application of disciplinary action.

The employer is obliged to suspend from work (not admit to work) an employee who has not undergone a compulsory medical examination or a compulsory psychiatric examination in accordance with the established procedure in cases provided for by federal laws and other regulatory legal acts of the Russian Federation, as well as in the presence of medical contraindications for the employee to perform work, stipulated by the employment contract (Art.,).

Employees engaged in work with harmful and (or) hazardous working conditions (including underground work), as well as work related to traffic, pass mandatory preliminary (upon admission to work) and periodic (for persons under the age of 21 years - annual) medical examinations to determine the suitability of these workers to perform the assigned work and prevent occupational diseases. In accordance with medical recommendations, these workers undergo extraordinary medical examinations.

Employees of food industry organizations, public catering and trade, waterworks, medical organizations and children's institutions, as well as some other employers undergo these medical examinations in order to protect public health, prevent the occurrence and spread of diseases.

This Code, other federal laws and other regulatory legal acts of the Russian Federation for certain categories of employees may establish compulsory medical examinations at the beginning of the working day (shift), as well as during and (or) at the end of the working day (shift). The time for passing the specified medical examinations is included in working hours.

Harmful and (or) hazardous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations are carried out, the procedure for conducting such examinations is determined by the federal executive body authorized by the Government of the Russian Federation.

If necessary, by decision of local authorities, individual employers may introduce additional conditions and indications for compulsory medical examinations.

Federal laws and other regulatory legal acts of the Russian Federation for certain categories of workers, medical examinations may provide for chemical and toxicological studies of the presence in the human body drugs, psychotropic substances and their metabolites.

Employees carrying out certain types of activities, including those associated with sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as working in conditions of increased danger, undergo a mandatory psychiatric examination at least once every five years in accordance with the procedure established by the authorized The Government of the Russian Federation is a federal executive body.

Medical examinations and psychiatric examinations provided for in this article are carried out at the expense of the employer.

Related publications

Suspension from work due to failure to pass a medical examination

Article 213 of the Labor Code of the Russian Federation talks about the procedure for passing a medical examination by certain categories of workers, in particular, workers employed in work with harmful and hazardous working conditions, as well as in work related to traffic; workers of food industry organizations, catering and trade, water supply facilities, medical organizations and children's institutions. In accordance with Article 213 of the Labor Code of the Russian Federation, workers whose activities are associated with sources of increased danger must undergo a mandatory psychiatric examination at least once every ten years. On the basis of Article 213 of the Labor Code of the Russian Federation, the procedure for psychiatric examination is established by the federal executive body authorized by the Government of the Russian Federation.

Article 213 of the Labor Code of the Russian Federation medical examinations sets as necessary conditions for the work of certain categories of employees. What are the types of medical examinations, how they are paid, what awaits the employee and employer for failing to pass the examination, read the article.

Categories of workers required to undergo medical examinations in accordance with the Labor Code of the Russian Federation

Some employees, due to the specifics of their job duties, must undergo medical examinations. These include, first of all, those listed in Art. 213 of the Labor Code of the Russian Federation workers.

First, they include persons working in harmful and / or hazardous conditions, which means:

At work, there are harmful or hazardous factors included in special list, which is contained in Appendix No. 1 to the order of the Ministry of Health of the Russian Federation "On approval of the lists of harmful and (or) dangerous factors ..." dated 12.04.2011 No. 302n (hereinafter - order No. 302n). These can be biological, physical, chemical factors or factors of the labor process (for example, physical activity).
The work itself is dangerous in nature and is included in the corresponding list (Appendix No. 2 to Order No. 302n). For example, this includes work at height and work in explosive areas.

Secondly, persons working in the field of transport are subject to mandatory medical examinations. The list of such employees was approved by the Government of the Russian Federation (Resolution No. 16 of January 19, 2008). This includes both persons directly managing transport and other workers whose work is related to the movement of transport: dispatchers, operators, attendants, etc.

Thirdly, employees are required to undergo medical examinations:

enterprises, trade, catering, food industry;
children's institutions;
medical organizations;
water supply facilities.

The goals of passing medical examinations at the enterprise. Types of medical examinations

Preliminary. They are held prior to imprisonment labor contract... The main purpose of these is to identify whether the employee has any diseases that prevent the performance of this or that work, and the secondary goal is the early detection of diseases, as well as their prevention.
Periodic. As you can see from their name, they are held once in any period of work. Their goals are monitoring the health status of an employee, preventing and timely detection of occupational diseases, as well as preventing accidents. The specific periods of their passage are determined by Appendices No. 1 and 2 of Order No. 302n.

In addition, there are other types of medical examinations:

Extraordinary. Such medical examinations of the Labor Code of the Russian Federation provides in cases where there are appropriate medical recommendations recorded in the medical report (clause 13 of Appendix No. 3 to Order No. 302n).
Pre-trip, pre-shift, post-trip and post-shift. As the name implies, they are held before the flight / shift or after them. The obligation to pass them is fixed in various legislative acts. So, drivers are required to undergo pre- and post-trip inspections on the basis of Part 1 of Art. 23 of the Law "On Security road traffic"Dated 10.12.1995 No. 196-FZ.

Regular psychiatric evaluation of some workers

Part 7 of Art. 213 of the Labor Code of the Russian Federation established special requirements for monitoring the health status of workers whose activities are associated with increased hazards and / or harmful substances and poor production factors. Such staff should be regularly examined by a psychiatrist.

The types of work that imply the passage of such examinations are determined by the decree of the Government of the Russian Federation "On the implementation of the law" On psychiatric care ... "" dated April 28, 1993 No. 377. In particular, these include works associated with exposure to harmful chemicals (for example, production and other processes associated with the release of amino acids) and physical factors (for example, work in conditions of constantly high / low air temperature, physical overload).

The purpose of such events is to determine the suitability of employees to perform their duties, which require sobriety, attention and concentration. An examination is carried out before starting work (along with a preliminary medical examination, which, as a rule, is also required for such employees), and then at least once every 5 years.

The procedure for passing medical examinations

those coming to work related to the movement of trains (see "Regulations on the procedure for conducting preliminary medical examinations ...", approved by order of the Ministry of Railways of the Russian Federation of March 29, 1999 No. 6Ts);
citizens carrying out work on the destruction of chemical weapons (see "Procedure for conducting preliminary and periodic medical examinations ...", approved by order of the Ministry of Health of the Russian Federation of 03/21/2000 No. 101).

In relation to other employees who must undergo medical examinations, one should be guided by the procedure for conducting medical examinations specified in Appendix No. 3 to Order No. 302n (hereinafter - the Procedure for conducting medical examinations).

To conduct a preliminary medical examination, the employer must issue a referral to the applicant for a medical examination. The form for this direction has not been approved. The employer can use the form of the medical organization with which the contract for conducting examinations has been concluded, or draw up the form on his own. It is only important that it contains all the necessary information specified in clause 8 of the Procedure for conducting medical examinations.

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Periodic examinations are also carried out on the basis of a referral, however, the employer must draw up lists of employees to be examined in advance and agree with the medical institution on a plan for their conduct.

Based on the results of examinations, a medical certificate is issued in 2 copies. One copy remains in the medical card, and the other is handed over to the employee or applicant. Based on this conclusion, the employer is obliged to make a decision on admission or non-admission to work.

Important! Refusal to hire on the basis that the employee has identified medical contraindications to it is justified. The Plenum of the RF Armed Forces indicated that the state of health refers to business qualities employee (paragraphs 5, 6, clause 10 of the resolution of 17.03.2004 No. 2).

Medical examinations under Art. 213 of the Labor Code of the Russian Federation: who makes the payment

In accordance with Part 8 of Art. 213 Labor Code medical examinations of employees, as well as the surveys provided for in this article, must be paid by the employer. Often for these purposes, companies enter into contracts with medical institutions. Medical examinations in such cases are paid directly by the employer in accordance with the terms of the contract. If there is no such agreement, then it is unlawful to require employees (applicants) to undergo examinations with doctors at their own expense.

At the same time, in the case of applicants, it is permissible to establish an agreement on passing medical examinations at their own expense with subsequent reimbursement from the company.

IMPORTANT! The law does not make an employer's payment for a medical examination dependent on the results of this event. Thus, an examination may reveal the unsuitability of the applicant for work, and labor contract with him will not be concluded. But this does not relieve the employer of the obligation to pay for the examination.

In order to receive money, an employee needs to write a statement addressed to the head of the company in any form. Documents confirming payment for medical services are attached to the application. At the same time, the law does not establish a specific deadline for the payment of money on account of the cost of a medical examination. As a rule, payments are made on the next day the salary is transferred.

IMPORTANT! The costs of mandatory medical examinations of employees whose work contains harmful or dangerous factors can be reimbursed by employers by reducing insurance premiums to the FSS (see "Financial Security Rules ...", approved by order of the Ministry of Labor of the Russian Federation of 10.12.2012 No. 580n).

If the company refuses to pay an employee money for a medical examination, he has the right to collect them in court.

What happens if an employee does not pass a medical examination

If an employee for whom a medical examination or examination is required did not pass it, then the employer does not have the right to allow him to work. Such an employee must be removed from work (Article 76 of the Labor Code of the Russian Federation). Suspension is carried out until its cause is eliminated - that is, before the employee undergoes a medical examination / examination.

At the same time, the issue of paying for the period of suspension from the performance of labor duties is resolved as follows:

if the medical examination is not passed through no fault of the employee, then this period must be paid to him as a simple one (part 3 of article 76 of the Labor Code of the Russian Federation);
if the employee himself is to blame for the failure to undergo a medical examination, the salary for this time is not paid to him.

If an employee without good reason refuses or evades a medical examination, this can be regarded as a disciplinary offense.

Failure by the employer to comply with the requirements of par. 11 h. 2 tbsp. 212 of the Labor Code of the Russian Federation

The employer must ensure occupational safety and health safe conditions... This includes, among other things, the obligation to organize and pay for mandatory medical examinations and examinations (paragraph 11, part 2, article 212 of the Labor Code of the Russian Federation).

If the employer fails to fulfill this obligation, which can be expressed both in the admission of a person who has not passed the examination or examination to work, and in the admission to it of a person who has contraindications, may result in a fine under Part 3 of Art. 5.27.1 Administrative Code of the Russian Federation. The size of the fine is as follows:

for organizations - from 100,000 to 130,000 rubles;
for officials and individual entrepreneurs - from 15,000 to 25,000 rubles.

In case of a repeated violation, the responsibility increases - part 5 of this article of the Code of Administrative Offenses of the Russian Federation contains increased fines, as well as more severe penalties, for example, in the form of administrative suspension of activities.

Criminal liability has also been established for violation of labor protection rules. So, it is possible to bring a person to justice under Art. 143 of the Criminal Code of the Russian Federation, if he was admitted to work by a person who did not pass a medical examination or has contraindications to work, as a result of which there were consequences in the form of serious harm to health or death.

According to Labor Code medical examinations must always be arranged and paid by the employer. Legal liability is established for failure to comply with this obligation. But an employee who has not passed a medical examination through his own fault will also experience negative consequences: he will not be paid for the time of suspension from work.

If necessary, by decision of local authorities, individual employers may introduce additional conditions and indications for compulsory medical examinations.

Federal laws and other normative legal acts of the Russian Federation for certain categories of workers, medical examinations may provide for chemical and toxicological studies of the presence in the human body of narcotic drugs, psychotropic substances and their metabolites.

Medical examinations and psychiatric examinations provided for in this article are carried out at the expense of the employer.

Comments to Art. 213 of the Labor Code of the Russian Federation

1. Article 266 of the Labor Code stipulates that persons under the age of 18 are employed only after a preliminary compulsory medical examination and further, until they reach the age of 18, are annually subject to a medical examination. Medical examinations are carried out at the expense of the employer. Article 73 of the Labor Code provides that an employee who, in accordance with a medical opinion, needs to provide another job, the employer is obliged, with his consent, to transfer to another existing job that is not contraindicated for him for health reasons. If the employee refuses to transfer or if there is no corresponding work in the organization, the employment contract is terminated.

The list of harmful production factors and work, during which preliminary and periodic medical examinations are carried out, and the procedure for their conduct are currently established by the Ministry of Health and Social Development of Russia. By the decision of local authorities in individual organizations, additional conditions and indications for medical examinations may be introduced. In these cases, the employer is obliged to organize preliminary (upon admission to work) and periodic (during employment) medical examinations of employees.

If the employee avoids medical examinations or does not comply with the recommendations based on the results of the examinations, the employer should not allow the employee to perform his job duties.

2. Order of the Ministry of Health and Social Development of Russia of August 16, 2004 N 83 approved. Lists of harmful and (or) hazardous production factors and works, during the performance of which preliminary and periodic medical examinations (examinations) are carried out, and the procedure for carrying out these examinations (examinations). The procedure for applying the said Order is stated in the letter of Rospotrebnadzor dated January 13, 2005 N 0100 / 63-05-32.

Preliminary medical examinations (examinations) upon admission to work are carried out in order to determine the conformity of the state of health of the employee (being examined) to the work entrusted to him.

Periodic medical examinations (examinations) are carried out in order to:

dynamic monitoring of the health status of employees, timely detection of the initial forms of occupational diseases, early signs of the impact of harmful and (or) hazardous production factors on the health status of employees, the formation of risk groups;

identification of common diseases that are medical contraindications for continuing work associated with exposure to harmful and (or) hazardous production factors;

timely implementation of preventive and rehabilitation measures aimed at maintaining health and restoring the working capacity of employees.

The frequency of periodic medical examinations (examinations) is determined by the territorial bodies of Rospotrebnadzor together with the employer based on the specific sanitary-hygienic and epidemiological situation, but periodic medical examinations (examinations) should be carried out at least once every 2 years. Persons under the age of 21 undergo periodic medical examinations annually.

Periodic medical examinations (examinations) of employees can be carried out ahead of schedule in accordance with a medical opinion or at the conclusion of the territorial bodies of Rospotrebnadzor with a mandatory justification in the direction of the reason for an early (extraordinary) examination (examination).

Preliminary and periodic medical examinations (examinations) of employees are carried out by medical organizations licensed for the specified type of activity.

For workers engaged in hazardous work and at work with harmful and (or) hazardous production factors for 5 years or more, periodic medical examinations (examinations) are carried out in occupational pathology centers and other medical organizations that have licenses for the examination of professional suitability and examination of the connection of the disease with profession, once every 5 years.

The employer determines the contingents and compiles a list of names of persons subject to periodic medical examinations (examinations), indicating areas, workshops, industries, hazardous work and harmful and (or) hazardous production factors affecting employees, and, after agreement with the territorial bodies of Rospotrebnadzor, sends it for 2 months. before the start of the examination to a medical organization with which an agreement has been concluded for the conduct of periodic medical examinations (examinations).

The medical organization, on the basis of the list of employees who are subject to periodic medical examinations (examinations) received from the employer, approves the schedule of medical examinations (examinations) together with the employer.

The head of a medical organization carrying out preliminary and periodic medical examinations (examinations) approves the composition of the medical commission, the chairman of which should be an occupational pathologist or a doctor of another specialty who has vocational training on occupational pathology, members of the commission are specialists who have undergone training in occupational pathology within the framework of their specialty. The Commission determines the types and volumes of necessary research, taking into account the specifics of the existing production factors and medical contraindications for the implementation or continuation of work on the basis of the current regulatory legal acts.

An employee for passing a preliminary medical examination (examination) submits a referral issued by the employer, which indicates harmful and (or) dangerous production factors and harmful work, as well as a passport or other document replacing it, an outpatient card or an extract from it with the results of periodic examinations at the place of previous work and in cases stipulated by the legislation of the Russian Federation - the decision of the medical psychiatric commission.

Registration of the results of preliminary and periodic medical examinations is as follows.

The conclusion of the medical commission and the results of the medical examination (examination), both preliminary and periodic, as well as an extract from the employee's outpatient card are entered into the card of preliminary and periodic medical examinations (examinations).

The medical organization, together with the territorial bodies of Rospotrebnadzor and the representative of the employer, summarizes the results of the preliminary and periodic medical examinations (examinations) of employees and draws up a final act based on its results in 4 copies. The final act within 30 days must be submitted by the medical organization to the employer, the territorial body of Rospotrebnadzor and the center of occupational pathology.

The employee is informed about the results of the medical examination (examination).

If, during a periodic medical examination (examination), there are suspicions that an employee has an occupational disease, the medical organization sends him, in accordance with the established procedure, to the occupational pathology center for an examination of the connection between the disease and the profession.

When establishing a connection between the disease and the profession, the Center for Occupational Pathology draws up a medical report and, within 3 days, sends a notification to the territorial body of Rospotrebnadzor, the employer, the insurer and the medical organization that sent the employee.

An employee who has been diagnosed with an occupational disease is sent by the occupational pathology center with the appropriate conclusion to the medical organization at the place of residence, which draws up documents for submission to a medical and social examination.

The Center for Occupational Pathology of the constituent entity of the Russian Federation summarizes and analyzes the results of periodic medical examinations (examinations) carried out during the year on the territory of the constituent entity of the Russian Federation, and submits an annual report in the prescribed manner to the health management body of the constituent entity of the Russian Federation.

3. Employees (examined) who are contraindicated to work with harmful and hazardous substances are issued a conclusion of the clinical expert commission (KEC), and a copy is sent within 3 days to the employer who issued the referral.

Medical examination upon admission to work and further in deadlines(for example, once a year) are subject to the categories of specific employees listed in the regulations of organizations: food enterprises, catering establishments, children's institutions, children's medical and preventive and sanatorium institutions, schools and other educational and auxiliary institutions for children and adolescents, medical and preventive institutions for adults, sanatoriums, rest homes, homes for the disabled, pharmacies and pharmaceutical factories, enterprises for the sanitary and hygienic services of the population, hotels, hostels, swimming pools, waterworks, water booths and water pumps, enterprises that produce and sell children's toys, children's libraries, children's ateliers, etc.

4. Decree of the Government of the Russian Federation of September 23, 2002 N 695 approved. Rules for passing compulsory psychiatric examination by employees carrying out certain types of activities, including activities related to sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as those working in conditions of increased danger.

5. In accordance with the commented article, workers employed in heavy work and in work with harmful and (or) hazardous working conditions, as well as in work related to traffic, undergo compulsory medical examinations (examinations).

Medical examinations (examinations) provided for by this article are carried out at the expense of the employer.

6. Order of the Ministry of Health and Social Development of Russia dated December 28, 2007 N 813 approved. Funding rules in 2008 - 2010 for conducting in-depth medical examinations of workers engaged in work with harmful and (or) hazardous production factors.

See also the letter of the Federal Security Service of the Russian Federation of January 15, 2008 N 02-18 / 06-236 "On financing the in-depth medical examinations of workers employed in work with harmful and (or) hazardous production factors."