The responsibility of the employee for the failure to pass the periodic medical examination. The procedure for the removal of an employee who has not undergone a mandatory medical examination in accordance with the established procedure. Income tax reporting: the current account will not be blocked

Before the Supreme Court Russian Federation there was a dispute about the legality of bringing the employer to administrative responsibility for the failure to conduct mandatory medical examinations of employees. The organization was fined by the state labor inspector in connection with the fact that they were not sent to undergo a medical examination Regional Manager for sales, as well as the head of the logistics and pricing department and a specialist in the same department. The obligatory medical examinations for these workers was explained by the fact that the main activity of the employer was wholesale machines, equipment and accessories. And by virtue of the provisions of the order of the Ministry of Health and social development RF dated April 12, 2011 No. 302n work in organizations Catering, trade, canteens, catering facilities, including transport, are included in the list of works during which mandatory preliminary and periodic medical examinations (examinations) of employees are carried out (Resolution of the RF Armed Forces of December 6, 2017 No. 34-AD17-5) ...

The employer believed that the relevant rule applies only to organizations whose activities are related to the sale of food products. In addition, employees, whose medical examinations were not organized, were engaged in administrative work and were not directly involved in the sale of products.

The court rejected these arguments, stating that the requirement to conduct medical examinations in relation to workers employed in work in trade organizations applies to all trade workers, regardless of the type of products sold.

It should be noted that Rospotrebnadzor has repeatedly expressed its opinion that there is no obligation to undergo medical examinations for employees of organizations trading in non-food products (information dated July 28, 2017, letter dated June 5, 2013 No. 09-5228-13-16). But the specialists of Rostrud and FMBA of Russia adhere to the opposite point of view.

The accountant has not passed the medical examination - you are fined

The Supreme Court has confirmed that all trade workers must undergo a physical examination. Even if the company sells equipment, and the employee is a manager and communicates with clients only by phone. If an employee is allowed to work without a medical examination, you will have to pay a fine.

What happened?

The State Labor Inspectorate fined a company that sells machinery and equipment. During the inspection, the inspectors found that the manager, the head of the logistics department and the logistician did not pass the physical examination. The inspectors considered it a violation and issued a fine. The businessman lost to the district and regional courts and brought the case to the Supreme. The judges found the fine justified - the businessman paid 120,000 rubles.

The decision of the Supreme Court on the medical examination of 12/06/2017
No. 34-AD17-5 (PDF)

What does it mean?

All employees of trade organizations, public catering, canteens and catering units, including transport, are required to undergo a medical examination once a year (clause 15 of Appendix No. 2 to the order of the Ministry of Health dated 04/12/2011 No. 302n). If the management allows employees to work without a medical examination, this is an administrative violation (Article 212 of the Labor Code of the Russian Federation).

Rospotrebnadzor previously believed that employees of department stores are not required to undergo a medical examination, because the order of the Ministry of Health does not contain such requirements (letter of Rospotrebnadzor dated June 5, 2013 N 09-5228-13-16). The State Labor Inspectorate went from the opposite direction. In the order of the Ministry of Health, there are no exceptions for certain types of trade or positions, therefore the rules apply to all employees of trade organizations.

At the trial, representatives of the company tried to prove that the requirement applies only to organizations that sell food products. A medical examination must be passed by employees who are in contact with the product and directly communicate with buyers. The judges considered the businessman's arguments unconvincing and refused. A precedent has emerged.

What is the threat?

If the employer allows an employee to work without a medical examination, he faces a fine (clause 3 of article 5.27.1 of the Code of Federal Law of the Russian Federation):
- for individual entrepreneurs - from 15,000 rubles to 25,000 rubles;
- for organizations - from 110,000 rubles to 130,000 rubles.

The law provides for a fine for “allowing an employee to perform job responsibilities without going through ... periodic medical examinations. " That is, it seems like for one employee. But in the case of that company, they took 120,000 rubles for three.

The state labor inspectorate is likely to fine a merchant employer if it finds that one of its employees has not passed a medical examination. Given the precedent, it will be almost impossible to challenge the fine in court. To avoid problems, send all of your workers for a check-up.

The Supreme Court upheld that all trade workers must undergo a physical, even office workers at non-food firms. If the labor inspector discovers that one of the employees is working without a medical examination, the employer will be fined. To avoid problems, send all of your workers for a check-up.

The amount of the fine for failure to pass the medical examination

Penalty for failure to pass a medical examination - is it provided for or not? In our article you will find the answer to this question. You will also find out what the amount of such a fine is and when other types of liability may be applied for the violation in question.

Mandatory medical examinations at the enterprise

The employer is responsible for organizing (including issuing referrals) and paying for all types of medical examinations and examinations provided for by the Labor Code of the Russian Federation (clause 11, part 2, article 212). At the same time, he is obliged not to allow persons who have not passed the specified medical examinations to work (clause 12 of article 212 of the Labor Code of the Russian Federation).

Applicants who have not passed the mandatory medical examination, the employer must refuse to apply for a job. Employees who have not passed the inspection must be removed from the performance of their duties (Article 76 of the Labor Code of the Russian Federation). It is worth doing the same in cases when the indicated persons during the examination reveal contraindications to work.

Otherwise, when checking the regulatory authorities, the employer runs the risk of being brought to administrative responsibility. Moreover, in some cases, it is even possible that criminal liability may arise.

Administrative responsibility of the employer for the employee's failure to pass the medical examination

In 2013, the Code of Administrative Offenses of the Russian Federation was supplemented by Art. 5.27.1, part 3 of which provides for the punishment for the admission to work of persons who have not passed a medical examination (or have passed, but have contraindications), in the form of a fine. Moreover, the fine is very significant, since its size is:

• for individual entrepreneurs- from 15,000 to 25,000 rubles;
• officials - from 15,000 to 20,000 rubles;
• organizations - from 110,000 to 130,000 rubles.

If the corresponding violations are committed repeatedly (during the period when the person is considered to be subject to administrative punishment), responsibility comes already under Part 5 of the article in question. In this case, the size of the fine increases:

• SP and officials pay from 30,000 to 40,000 rubles;
• organizations - from 100,000 to 200,000 thousand rubles.

In addition, in the second case, as an alternative to a fine, the law provides for other types of administrative punishments:

• for individual entrepreneurs and organizations - suspension of functioning for up to 90 days;
• for officials - disqualification for a period of 1 to 3 years.

Criminal liability of an employer for admission to work without a medical examination

The provisions of Art. 143 of the Criminal Code of the Russian Federation for persons who have been entrusted with the obligation to comply with labor protection rules establish criminal liability for their violation. The deliberate admission to work of a person who has not passed the mandatory examination by doctors (as well as who has contraindications to work) under certain conditions may lead to a conviction under this article. This is possible if the actions of the perpetrator were in a causal relationship with the onset of consequences in the form of at least causing grievous harm to the health of one person.

Sanction Part 1 of Art. 143 of the Criminal Code provides for the following penalties:

1. Fine. It can be either appointed in a fixed amount (from 5 to 400,000 rubles), or calculated as the convict's earnings for a period from 2 weeks to 18 months.
2. Compulsory work (from 180 to 240 hours).
3. Correctional labor (from 2 months to 2 years).
4. Forced labor (from 2 months to 1 year).
5. Deprivation of liberty (from 2 months to 1 year). At the same time, as an additional punishment, a punishment in the form of a ban on occupying certain positions (from 6 months to 1 year) can be imposed, and the period of the ban begins to be calculated only after the main sentence has been served.

What to do with an employee who has not passed a medical examination?

It has already been noted above that the employer has every right to refuse to conclude an employment contract in connection with the failure to pass the medical examination, if the examination is not passed by the working employee, to remove him from work. Moreover, according to Part 3 of Art. 76 TC, the suspension period is not payable if the employee is to blame for this circumstance. Is it also possible to hold the employee accountable in this case?

It is the employee's duty to undergo medical examinations (Article 214 of the Labor Code of the Russian Federation). For its non-fulfillment without good reason, you can impose disciplinary action in compliance with the procedures provided for in Art. 193 of the Labor Code of the Russian Federation. This conclusion follows from the resolution of the Plenum of the RF Armed Forces dated March 17, 2004 No. 2 (sub. “C”, clause 35). If, after the first collection, the employee still does not undergo a medical examination, then he can be fired under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation - and arbitrage practice only confirms this approach (see the appeal ruling of the Moscow City Court of 08/04/2016 in case No. 33-30043 / 2016). The law does not provide for a penalty for failure to pass a medical examination for negligent employees.

Thus, the employer is obliged to organize and pay, and the employee is obliged to undergo medical examinations. In case of failure to fulfill these obligations, each of the parties labor relations can be attracted to different types responsibility.

Fines for violations of labor protection legislation

From 01.01.2015 amendments have been made to the Code of Administrative Offenses, namely article 5.27.1. Violation of state regulatory labor protection requirements contained in federal laws and other regulatory legal acts of the Russian Federation (introduced by Federal Law of December 28, 2013 N 421-FZ) 1. Violation of state labor protection regulatory requirements contained in federal laws and other regulatory legal acts of the Russian Federation Federation, with the exception of the cases provided for in parts 2-4 of this article, - shall entail a warning or the imposition of an administrative fine on officials in the amount of two thousand to five thousand rubles; on persons carrying out entrepreneurial activity without forming a legal entity - from two thousand to five thousand rubles; for legal entities - from 50 thousand to 80 thousand rubles. 2. Violation by the employer of the established procedure for conducting special assessment working conditions at workplaces or its failure - entails a warning or the imposition of an administrative fine on officials in the amount of five thousand to ten thousand rubles; for persons engaged in entrepreneurial activity without forming a legal entity - from five thousand to ten thousand rubles; for legal entities from 60 thousand to 80 thousand rubles. 3. The admission of an employee to the performance of his labor duties without undergoing training and testing knowledge of labor protection requirements in the prescribed manner, as well as mandatory preliminary (upon admission to work) and periodic (during labor activity) medical examinations, compulsory medical examinations at the beginning of the working day (shift), compulsory psychiatric examinations or in the presence of medical contraindications - entails the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty-five thousand rubles; for persons engaged in entrepreneurial activity without forming a legal entity - from fifteen thousand to twenty-five thousand rubles; for legal entities - from one hundred ten thousand to one hundred thirty thousand rubles. Will there be a fine on the legal entity for each failure to undergo a medical examination (SOUT)? And if exactly for each employee, in what document is it?

For violation of labor legislation on several grounds, administrative liability is provided in accordance with Art. Art. 5.27, 5.27.1 of the RF Code of Administrative Offenses. Responsibility rests with the employer for each violation of labor legislation and labor protection legislation separately.

If an organization has violated every clause of article 5.27.1 of the Administrative Code of the Russian Federation, it will be fined for each reason. At the same time, if, for example, the company did not conduct a special assessment of the working conditions of employees, the number of which is, for example, 10 people. Then she will be fined once, not 10, that is, not for every employee.

Rationale: Since the beginning of 2015, two main articles have been identified in the Code of Administrative Offenses of the Russian Federation, establishing responsibility for violation of labor legislation. In Art. 5.27 of the Code of Administrative Offenses of the Russian Federation prescribes fines for violation of labor laws and other regulatory legal acts, and in Art. 5.27.1 Administrative Code of the Russian Federation - fines for violation of state regulatory requirements for labor protection. Previously, there was a general wording, in case of violation of labor legislation, one composition of an administrative offense was formed, regardless of the number of violations identified under Art. 5.27 of the Administrative Code of the Russian Federation. Currently, the legislator has identified specific violations for which separate amounts of fines have been established.

The Code of Administrative Offenses of the Russian Federation provides for a separate fine for failure to carry out a special assessment of working conditions (part 2 of article 5.27.1 of the Code of Administrative Offenses of the Russian Federation). If the employer has not established in the employment contract the working conditions at the workplace and has not indicated a specific day of payment wages, which are mandatory for inclusion in labor contract according to Art. 57 Labor Code RF, then he may be subject to administrative liability under Part 3 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation as for improper execution of an employment contract. If the employer does not issue pay slips to employees in violation of Art. 136 of the Labor Code of the Russian Federation, then a fine is provided for this offense in accordance with Part 1 of Art. 5.27 of the Administrative Code of the Russian Federation.

The Decree of the Supreme Court of the Russian Federation of 15.08.2014 N 60-AD14-16 establishes that each of the revealed facts of violation of labor legislation forms an independent composition of an administrative offense, provided for in Part 1 of Art. 5.27 of the Administrative Code of the Russian Federation.

Thus, violations of various articles of the Labor Code of the Russian Federation form several independent offenses. In addition, since 01.01.2015 the limitation period for violation of labor laws has increased - it is one year (part 1 of article 4.5 of the Administrative Code of the Russian Federation).

Accordingly, in case of violation of labor legislation and labor protection legislation during the inspection, the employer may be brought to administrative responsibility and a fine is imposed for each offense separately.

Each of the violations of labor legislation and labor protection revealed as a result of the audit, including the failure to conduct a special assessment of working conditions, non-inclusion in the labor contract of working conditions at the workplace and specific dates of payment of wages, failure to notify employees in writing about constituent parts wages (non-issuance of pay slips), admission of an employee to work without training and testing knowledge of labor, without mandatory medical examinations forms an independent composition of an administrative offense, for which a separate fine can be imposed on an organization in accordance with the norms of the Code of Administrative Offenses of the Russian Federation.

Responsibility for violation of labor protection requirements

Responsibility for violation of labor protection requirements lies with the employer and employees, but not equally. In this article, we will tell you in detail what are the types of responsibility for safety at work, as well as what penalties are provided for violations.

In this article, you will learn:

Violation of OT requirements is a punishable act from the point of view of the law. This is logical, because the legislation was developed on the basis of statistics and analysis of real situations, “TB is written in blood”.

Criminal liability for violation of labor protection requirements

A criminal case is initiated if serious consequences are recorded. There is an opinion that serious consequences are only the death of people. This is inaccurate. Infliction of severe damage to health, significant expenses for the enterprise, harm to the environment (air, soil, water, wildlife, plantations, etc.) are also criminally punished.

The specificity of criminal liability is that, if it exists, a circle of perpetrators is established (as opposed to, for example, administrative liability, which can be imposed on the organization as a whole). This means that a specific individual rather than legal. Most often this is the head of the enterprise. But it is possible to attract both his deputy and the "Trudovik", it all depends on what job duties assigned to employees.

A worker died at a construction site: loose scaffolding fell on him. When analyzing the situation, it turned out that the head of the organization could not properly ensure the safety of work and hoped "at random." The result - "places not so distant" for the leader for a period of 2 years and payment of compensation to the family of the deceased worker.

The Criminal Code contains a large list of articles that accurately distribute responsibility by type of violation. Thus, Article 217 of the Criminal Code speaks of explosive objects. It is important that the case will be initiated even if the explosion did not occur directly, but there was only a threat.

Articles 250-251 regulate harm to nature and the air. The consequence of a violation of sanitary standards will be the initiation of a case under Article 236, etc.

Determination of damage to the enterprise depends on the amount. So, if as a result of violation of the rules industrial safety the damage was more than 500,000 rubles, a criminal case is opened.

The harm caused to health is assessed through a forensic medical examination.

Any of the incidents due to incorrect organized production works, is interpreted as grievous harm and entails legal proceedings:

● loss of hearing, vision, speech, organ functions or the organ itself, mental disorders;

● irreparable disfigurement of the face;

● disease with drug addiction or substance abuse;

● complete or persistent (at least one third) disability.

Criminal liability for violation of labor protection is established, in particular, by article 143 of the Criminal Code. Depending on the severity and scale of the tragic consequences, the perpetrators may be punished. various measures, which are most often used in a court decision as components of punishment.

So, the possible options are:

Other types of liability

Disciplinary Liability for Violation of Labor Protection Requirements

The management, based on Article 192 of the Labor Code, has the right to impose a disciplinary sanction on the employee. This can be a remark, a reprimand, and even a dismissal.

Of course, the measure of responsibility should be comparable to guilt, for example, it is impossible to cut an employee down due to a minor flaw. It is also impossible to impose two penalties for one detected violation.

Traditionally, when a violation is detected, the employee writes explanatory note... Analysis of the reasons for the misconduct makes it possible to mitigate the punishment and prevent future violations.

Unlike other types of liability, disciplinary punishment is lifted automatically after 12 months, unless, of course, during this time the employee has not committed new violations.

An employee can apply to the administration of the enterprise with a request to remove the penalty if he can prove his position. If you disagree with the disciplinary sanction, you can contact the Commission on labor disputes... It is important that the appeal is filed no later than 90 days from the date of collection.

In addition to ordinary employees, persons responsible for labor protection at the enterprise can be brought to disciplinary responsibility. For example, the responsibility of the manager for violation of labor protection requirements in the form of failure to conduct instructions on the safety of work on a specific machine when the employee started work and was injured.

An employee has the right to refuse to work if the organization does not comply with its duty to ensure safety at work, for example, to provide PPE. In this case, a disciplinary sanction cannot be imposed.

Administrative responsibility for violation of labor protection requirements

All employees of the organization, “from bottom to top”, can be held accountable to this type of responsibility. The punishment is imposed, guided by article 5.27.1 of the Administrative Code of the Russian Federation.

Making a decision on the imposition of a penalty is in the competence of the GIT employees or the heads of the State Supervision Authorities (firefighter, for example). If an administrative violation case is drawn up, it is considered in court.

What are the possible violations?

Violation of the requirements of federal laws and other regulations of the Russian Federation.

For this, a fine is imposed or a warning is issued based on the severity of the violation.

If the fine is imposed on a specific employee, its amount ranges from 2,000 to 5,000 rubles. Legal entities are fined in the amount of 50,000 to 80,000 rubles. Approximately the same proportion will be observed for other fines.

Violation or failure to conduct SAUT.

In this case, for violation of labor protection standards, officials are fined by an inspector of the State Inspectorate for 5000-10000 rubles, a legal entity - from 60,000 to 80,000 rubles.

For example, the SOUT at the enterprise was carried out with a gap of several weeks from the date of the previous inspection. This is a serious violation, and the organization was fined 50,000 rubles.

Violation in terms of admission of employees (lack of briefings, medical examinations, testing of knowledge of labor protection, etc.).

The employee who committed the violation will pay a fine from 15,000 to 25,000 rubles, the organization - from 110,000 to 130,000 rubles.

The amount of the fine is multiplied by the number of identified employees with a violation of clearance. So, for example, if 5 people did not pass the medical examination on time, the company will pay at least 550,000 rubles. and will be obliged to conduct a medical examination in the near future.

Violation of the presence of PPE.

This violation is considered very serious and is punishable by heavy fines. So, the company will pay 130,000-150,000 rubles. for each employee without PPE, official - from 20,000 to 30,000 rubles.

Repeated administrative offense.

Fines for a secondary violation are maximally increased and range from 30,000 to 40,000 rubles. for a responsible employee. The organization can be punished in the amount of 100,000 to 200,000 rubles. In some cases, the activities of the enterprise are suspended for up to 90 days.

No penalties will compensate for the consequences of the administrative violations committed, however, the requirements of the laws must be complied with after the penalties in full.

Material liability for violation of labor protection

Material liability is an employee's compensation to an employer for material damage caused as a result of a violation of safety requirements.

In this case, we are not talking about compensation for possible and lost profits, namely the damage that was actually caused and proven (238 article of the Labor Code). If the employee himself received some damage as a result of his own actions, the management may refuse to pay.

The amount and schedule of payments is usually determined by the employer. Based on the status of the employee, the employment contract and the history of their relationship, he may insist on full or partial compensation.

An employee accidentally spilled a glass of tea on the appliance. Since eating and drinking in the work area was strictly prohibited, he had to reimburse the company for the cost of repairing the appliance.

For the worker to carry financial responsibility, necessary:

• when they reach the age of majority;
• proof of harmful actions that violate OT requirements or inaction;
• confirmed material damage to the enterprise.

Civil law

The employer faces civil liability to employees if he is guilty of a violation of labor protection. First of all, it includes compensation for harm, penalties, losses if someone has suffered. Article 234 states that the management is obliged to reimburse the employee's income if, through the fault of the administration, his right to work was limited.

An employee was injured due to the fact that his workplace was not equipped with protective equipment. He must be paid for both the lost earnings and the confirmed costs of medical rehabilitation.

Responsibility of an employee for violation of labor protection requirements

So, having considered all types of liability arising in the event of a violation of labor protection, let us summarize.

An employee can be brought to financial or disciplinary liability if he violates or does not comply with the requirements of the law and the employer.

Actions that cause damage to the organization are also punished.

What responsibilities in terms of labor protection does each employee have?

Responsibility of officials for violation of labor protection rules

Leading and responsible employees have more authority, but, accordingly, their obligations to the law grow. The employer's responsibility for violation of labor protection requirements is regulated in labor contracts, spelled out in codes. And the punishment is often very serious, up to and including imprisonment.

All of the above types of responsibility relate primarily to officials.

If, when considering a specific situation, signs of an administrative or criminal offense are revealed, the punishment will be in accordance with the Code of Administrative Offenses or the Criminal Code.

Hello!

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

The employer is obliged to suspend from work (not allow to work) the employee:
appeared at work in a state of alcoholic, drug or other toxic intoxication;
who has not undergone training and testing of knowledge and skills in the field of labor protection in the prescribed manner;
who has not passed the mandatory medical examination in the prescribed manner, as well as compulsory psychiatric examination in the cases provided for by this Code, other federal laws and other regulatory legal acts Russian Federation;
…
The employer suspends from work (does not admit to work) the employee for the entire period of time until the elimination of the circumstances that were the basis for the suspension from work or refusal to work, unless otherwise provided by this Code and other federal laws.
During the period of suspension from work (non-admission to work), the employee is not paid wages, except for the cases provided for by this Code or other federal laws. In cases of suspension from work of an employee who has not undergone training and testing of knowledge and skills in the field of labor protection or a mandatory medical examination through no fault of his own, he is paid for the entire period of suspension from work as for idle time.

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

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

With respect, Nadezhda.

The article describes the procedure for conducting a medical examination, taking into account recent changes, an algorithm for conducting a periodic medical examination, an explanation of when to carry out an unscheduled medical examination, and what fines are threatened for failing to carry out a medical examination.

Read in our article:

Medical examinations of employees of enterprises in a new way in 2020

Medical examination (MO) is a comprehensive examination of an employee in order to identify negative changes in his health and determine his suitability for performing work duties. First of all, a medical examination is necessary for personnel who are exposed to harmful and hazardous production factors (HHPF) at their workplaces. The list of such factors and the procedure for passing medical examinations by employees are established by Order of the Ministry of Health and Social Development of Russia dated 04/12/2011 No. 302n.

On January 7, 2020, amendments to the amendments approved by the Order of the Ministry of Health dated 13.12. 2019 No. 1032n. The changes affected all stages of the medical examination.

First, the obligation to send women who are required to undergo medical examinations to a gynecological examination once a year has been abolished; now they undergo a gynecologist only during a medical examination.

Secondly, we made an amendment to Appendix No. 3 to Order No. 302n. The position of flight attendant was replaced by the position of the on-board conductor of the aircraft.

Documents after medical examination: which to keep in the organization, and which to leave to the employee

Thirdly, when passing the examination, the employee must provide SNILS or a document that confirms registration in the individual (personified) accounting system in electronic or paper form.

If an employee underwent medical examination less than a year ago, he has the right to provide an extract from the medical card with the results of the examination and the medical organization can take the results into account during the medical examination.

After the medical examination, the employee will be given an extract from the medical card with all the conclusions of specialist doctors, the results of laboratory and other studies and recommendations for prevention.

How to simplify and speed up the organization of a medical examination in a few steps

Fourthly, the conclusions based on the results of the medical examination will not only be issued to the employee, but also sent to the employer within 5 working days.

In addition, workers who have 5 years of work experience in hazardous working conditions (subclasses 3.1-3.4, class 4) and workers with persistent consequences of accidents at work should be sent to the occupational pathology center every five sent to the center of occupational pathology during the first periodic medical examination.

Employees who have received conclusions on the preliminary diagnosis of an occupational disease must be sent to occupational pathology centers within 1 month from the date of suspicion of a connection between the disease and the profession.

The new rules came into effect on January 7th. An exception is the rules for referring workers to an occupational pathology center. It will be necessary to send workers to occupational pathology centers according to the new rules from July 1, 2020.

The service was created in order to simplify routine tasks, including those related to the organization of a medical examination. The service will automatically generate the completed lists of the contingent, directions for medical examination and draw up a schedule of medical examinations, in addition, in the service you can see the item of order 302n and the frequency of the medical examination by simply typing the name of a specific position.

Article 213 of the Labor Code of the Russian Federation - medical examinations

For what purposes are mandatory periodic medical examinations carried out?

The following workers should undergo periodic preventive medical examinations.

• Exposed to harmful or hazardous production factors, in the presence of which mandatory preliminary and periodic medical examinations are carried out.
• Carrying out the work indicated in the list, during the performance of which mandatory preliminary and periodic medical examinations of employees are carried out.
• ... If persons under the age of 21 are involved in these works, they undergo medical examinations annually (Article 213 of the Labor Code of the Russian Federation).
• Involved in underground work. Such workers undergo periodic medical examinations annually (clause 12 of Appendix 2 to Order No. 302n).
• Employed in organizations Food Industry, catering and trade, water supply facilities, medical organizations and children's institutions (Article 213 of the Labor Code of the Russian Federation). The frequency of medical examinations for specific professions is given in Appendix No. 2 to Order No. 302n.
• Athletes. They undergo medical examinations annually (Article 348.3 of the Labor Code of the Russian Federation).
• Persons under the age of 18. They undergo medical examinations annually (Article 266 of the Labor Code of the Russian Federation).

The List indicates the jobs and professions in which employees must undergo mandatory preliminary and periodic medical examinations, regardless of the established at these workplaces and the presence of a HOPF.

* If persons under the age of 21 are involved in the listed works, they undergo medical examinations annually (Article 213 of the Labor Code of the Russian Federation).

Medical examinations should be carried out already in the presence of harmful or hazardous production factors indicated in the list at the workplace, and their level does not matter.

The following factors are an exception:

• 3.5. – ;
• 3.8., 3.9. - air temperature;
• 3.12. - light environment;
• 4.1. - physical overload;
• 4.4.1., 4.4.2., 4.4.3.– sensory loads.

For these factors, medical examinations are carried out only when the working conditions are classified as harmful or dangerous according to the results of the SAWS.

How to arrange a preliminary medical examination

When hiring, for example, accountants, programmers, management personnel and other office employees who work at a computer for more than 50 percent of their working time, the employer is obliged to send them for a medical examination (clause 3.2.2.4 of the List of harmful and (or) hazardous production factors, approved by Order No. 302n). The frequency of the MO is once every two years.

Passing a periodic medical examination

The procedure for conducting periodic MO is regulated by Order No. 302n. The algorithm is as follows:

The medical organization summarizes their results within 30 days after the completion of periodic medical examinations. Then, together with the territorial bodies of Rospotrebnadzor and representatives of the employer, it compiles in four copies, which, within five working days from the date of approval, sends:

• employer;
• to the center of occupational pathology of the constituent entity of the Russian Federation;
• to the territorial body of Rospotrebnadzor.

One copy of the final act is kept by the medical organization for 50 years.

When extraordinary medical examinations of workers are carried out

Extraordinary medical examinations are carried out on the basis of medical recommendations specified in the final act of medical examination.

• at work with harmful or hazardous working conditions, including underground;
• at work related to traffic;
• athletes ();
• working in organizations of the food industry, catering and trade, water supply facilities, medical organizations and children's institutions, etc.

The employer has the right to send an employee to an extraordinary MO in the following cases:

• at the request of the employees themselves (Article 219 of the Labor Code of the Russian Federation);
• in accordance with the recommendations of specialists who participated in the preliminary or periodic examinations, as well as for epidemiological indications;
• in accordance with ;
• according to the conclusion territorial bodies Rospotrebnadzor with obligatory justification in the direction of the reasons;
• when a case of nosocomial infection is detected, by decision of specialists from the bodies and institutions of Rospotrebnadzor.

In the absence of the above grounds, the employer does not have the right to send the employee for an extraordinary medical examination without his consent.

The employee is obliged to immediately notify his immediate or superior manager about the deterioration of his health, including the manifestation of signs of an acute occupational disease (Article 214 of the Labor Code of the Russian Federation). The employer, if there are clear signs indicating a decrease in the employee's working capacity, can send him for an extraordinary medical examination.

Who to send for a medical examination

Responsibility for failure to pass a medical examination in the organization

The employer is responsible not only for the timely organization at the expense of own funds Ministry of Defense of workers, but also for the admission to work of persons who have not passed a preliminary or periodic inspection, or are not allowed to work on medical indications... If the inspectors of the regulatory authorities establish such a fact, the employer may incur administrative liability.

Under Part 3 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, the fine will be as follows:

• for officials - from 15,000 to 25,000 rubles;
• for persons engaged in entrepreneurial activity without forming a legal entity - from 15,000 to 25,000 rubles;
• for legal entities - from 110,000 to 130,000 rubles.

The amount of the fine is calculated based on the number of employees who have not passed the mandatory MO. If, due to the lack of a medical examination, the employee's health is seriously injured or his death occurs, officials will incur (Article 143 of the Criminal Code of the Russian Federation).

Conducting regular periodic in relation to employees for whom they are necessary is the direct responsibility of the employer. For violation of effective labor protection standards, in particular - for violation of the procedure for conducting medical examinations, the employer may face administrative and even criminal liability. However, Russian legislation also provides the employer with several additional opportunities to influence employees in connection with the medical examination and makes it possible to freely establish separate standards for employees to undergo medical examinations.

Legal regulation of medical examinations from the point of view of the employer

The employer's obligation to carry out medical examinations is enshrined, first of all, in the provisions of Art. 212 and 213 of the Labor Code of the Russian Federation. A complete list of harmful factors of work is listed in the provisions of the order of the Ministry of Health and Social Development No. 302n, which entered into force on 12.04.2011. Determination of harmful factors affecting employees is carried out by the labor inspection as part of the inspection of workplaces, or by employees of Rospotrebnadzor.

note

The above order No. 302n may assume as harmful factors those that do not ensure the qualification of the workplace and production as harmful or dangerous. In addition, such a document also contains a list of enterprises and types of activities at which a medical examination is performed, regardless of the presence or absence of various employees.

Moreover, if a medical examination is mandatory, then it should be carried out both upon admission to work and with the frequency specified in the above order. In addition, a special procedure for medical examination may be provided for by orders of regional or municipal authorities, expanding the scope and tightening federal standards. However, to cancel the federal level municipal and regional authorities do not have the right to simplify the procedure for medical examination.

An important fact

A medical examination must also be carried out for categories of employees who do not fall under harmful conditions labor. In particular, Order No. 302n, for example, provides for the mandatory medical examination for all employees whose performance of work duties is associated with finding more than half of the established working day at personal computers and similar technical devices.

Employer's rights to conduct a medical examination and procedure

To ensure the protection of labor protection, legislation imposes a large number of obligations on the employer to conduct a medical examination. And in order to make it possible for the employer to fulfill such obligations, he is given a wide range of rights regarding the conduct of medical examinations. In particular, the employer himself establishes the general regulations and procedure for carrying out such examinations, fixing their schedule in the documents of the enterprise.

note

The employer himself can set a schedule for medical examinations, but such a schedule must comply with the frequency of examinations established by law.

The medical institution and the manner in which medical examinations are carried out are also left to the discretion of the employer. Russian legislation allows the employer to have its own health workers to carry out some of the medical examinations, especially pre-trip and post-trip if the work of individual employees is related to driving vehicles.

Also, the employer has the right to send any employee to undergo a medical examination at any medical institution at its discretion, provided that the payment for transport and direct examination services will be made at the expense of the employer. In addition, it is allowed to conduct a medical examination on the territory of the enterprise with the departure of doctors and laboratory equipment.

In cases where employees violate the provisions of Art. 214 of the Labor Code of the Russian Federation and refuse to undergo a medical examination, the employer must suspend them from the performance of their labor duties, and also has the right to stop calculating wages for the entire period of suspension. In addition, the employer also retains the right to impose, up to and including dismissal, on employees who evade medical examinations.

An important fact

When an employee is removed from work due to a failure to pass a medical examination, such an employee retains his work and insurance experience.

Obligations of the employer to carry out medical examinations and responsibility

For failure to carry out medical examinations, as well as the admission of employees who have not passed the medical examination to the performance of their work duties, administrative fines are provided. In this case, the types of punishments depend directly on the specific offense. So, the Code of Administrative Offenses of the Russian Federation regulates the following possible violations associated with medical examinations of employees:

The procedure for conducting a medical examination by an employer necessarily includes drawing up a schedule for conducting medical examinations for each specific employee, as well as issuing a separate order for conducting a medical examination, which must be handed to the employee no later than ten days before passing such an examination. In addition, the employer must approve such orders and lists of employees sent for medical examination at Rospotrebnadzor.

Good day!

Tell me, is it necessary to draw up a waybill and put a mark on the passage of a medical examination if the car is registered for an individual?

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

Evgeniya-44

Hello!

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

Dmitry-349

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

Evgeniya, Hello.

A pre-trip medical examination must be completed by all persons working as drivers. It doesn't matter if they carry passengers or not. Those. if the driver is stopped before he reaches medical organization then an appropriate penalty will be imposed.

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

Good luck on the road!

Dmitriy, Hello.

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

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

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

Good luck on the road!

Sergey-535

Help appeal the protocol. SP mine, a light car for physics, I work myself as a trade (I deliver seeds to the points) activities wholesale retail... I do not carry out cargo transportation. A protocol was written out for 30,000

Sergey-562

Maxim, hello! In your message, you indicate that if the Driver moves on a service vehicle, follow to the place of the pre-trip medical examination, without carrying out the transportation of passengers and baggage or cargo, without passing such an examination, in cases of his stopping by an authorized DL, he will be brought to administrative responsibility.

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

Sergey-562

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

If I am wrong, correct me.

Yes, crap turns out to be complete. In theory, 196-FZ obliges to carry out pre-trip inspections. But it sounds kind of interesting ...

Administrative Code of the Russian Federation Article 12.31.1. Violation of safety requirements transportation of passengers and baggage, cargo road transport and urban land electric transport

And if the organization is not involved in the transportation of passengers and baggage? Federal Law "Charter road transport and urban ground electric transport "dated 08.11.2007 No. 259-FZ gives the following definitions:

cargo - a material object accepted for transportation in accordance with the established procedure;

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

carrier - entity, an individual entrepreneur who, under the contract for the carriage of a passenger, the contract for the carriage of goods, is obliged to carry the passenger and deliver the baggage, as well as transport the cargo entrusted by the shipper to the destination and issue the baggage, cargo to the person entitled to receive them.

The requirements of the Charter are fully confirmed by Article 784, Part 2 of the Civil Code of the Russian Federation, that the carriage of goods, passengers and baggage is carried out on the basis of a carriage contract. Consequently, transportation as a process is considered within the framework of the road traffic rules (SDA), and transportation as an activity is considered within the framework of safety laws. Road Traffic(BDD).

If you follow the logic and read from the point of view of legislation, then 196-FZ requires, especially in Article 23, to carry out pre-trip examinations, and requires Order of the Ministry of Health of the Russian Federation of December 15, 2014 No. 835n, and only carriers. And vouchers only for carriers. If you want to make sure whether the pre-trip has been completed, go to watch the magazine.

Strange, but true. Or refute.

Alexander-624

"employed" what if I am the owner of the vehicle as an individual, but I transport the goods myself while driving under a contract-application, as an individual entrepreneur. Am I employed? if not, then the voucher is not needed.

Vasily-72

Good evening! In this article, we are talking about hired drivers, i.e. if I am the owner of a gazelle vehicle, I am also its driver, but I transport goods under a contract from the TC (I work on an IP).

Pre-trip medical examination

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

Consider paragraph 3 of Article 23:

Compulsory pre-trip medical examinations are carried out during the entire period of work of a person as a driver of a vehicle, with the exception of drivers driving vehicles that go out on a call to emergency services.

Those. all hired drivers must undergo pre-trip medical examinations. The only exception is the emergency service drivers who go on call.

Vyacheslav-77

George-23

Good afternoon.

Sergey-580

Good day

Hello, I have a question the parents of individual entrepreneurs trade in the market, they carry the goods on a regular basis passenger car, everything is in accordance with the rules, the cargo does not protrude beyond the size of the car, there is no trailer, currently the sole proprietor is closed, they are selling the leftovers, the traffic police officers stopped the other day, saw the load in the car and demanded a waybill with the marks of a doctor and a mechanic, threatened with a fine as an individual entrepreneur, Tell me if this is legitimate?

In the protocol, indicate that you do not agree, because you are not an entrepreneur. Say the same when considering. If they foolishly get fined, then go to court.

Good afternoon.

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

The wording is not entirely clear. As I understand it, an individual entrepreneur by its nature provides services by road transport. And he entered into a contract for the provision of services for the carriage of goods in transport belonging to another organization. Then he will be the carrier and execute all the required documents and fulfill all the requirements as a carrier.

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

Good day

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

Is the landlord obliged to inspect the tenant?

It's too late to appeal anyway. Traffic cops just shod you, mugged you like a fool. The tenant - in fact, this is a temporary owner for the period established by the contract. You will only be liable for harm caused by a source of increased danger. And that is in solidarity, according to the Civil Code of the Russian Federation.

Natalia-164

Hello, how do I get a pre-trip medical check-up if the driver leaves for the flight, for example, at 5 a.m.? There is no full-time medical worker. Is it possible to put a mark on the eve of departure?

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

Tatiana-166

Hello!

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

Tatiana, Hello.

An employee working as a driver must undergo pre-trip medical examinations. The passage mark is put in the waybill.

Good luck on the road!

an employee fills out a waybill for a week with an indication of the mileage for working trips

Is he forcibly forced to show a ticket during the check and tell an obvious faint about himself and his activities?

AlexeyF

I work for Gazelle, I transfer other people's goods, from one LLC to another LLC. Gazelle is owned by me, as an individual, but I work as an individual entrepreneur. That is, I am an individual entrepreneur, but at the wheel I myself work as a driver on my own truck with a total weight of 3500 kg.

I accept payment to the current account, issue invoices and acts for the work done.

That is, I do not work for hire, I myself drive myself))

Do I need a pre-trip medical check-up or not?

AlexeyF, you need.

Law "", Article 23:

4. The requirement to undergo compulsory medical examinations applies to individual entrepreneurs in the case of self-driving vehicles carrying out transportation.

Good luck on the road!

Good day!

I-IP, I drive a truck myself, the truck is registered for my wife. Salaried workers I do not have. Did I understand correctly that the waybill must be drawn up and I must put down all the signatures (departure, return, etc.), except for the medical examination? Still tell me, a medical examination is now (since 1.03) only the surname and initials are put? A stamp or a seal to instruct doctors? thanks

Still tell me, a medical examination is now (since 1.03) only the surname and initials are put? A stamp or a seal to instruct doctors? thanks

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

16. Based on the results of the pre-trip medical examination when issuing the opinion specified in subparagraph 1 of paragraph 12 of this Procedure, a stamp is put on the waybills"passed the pre-trip medical examination, was admitted to the performance of labor duties" and the signature medical worker who performed the medical examination.

And what is the fine, if there is no ticket at all ???