Complete screening upon hiring. The frequency of inspection for certain professions

Labor Code of the Russian Federation, Article 69. Medical examination at the conclusion of an employment contract

Persons under the age of eighteen, as well as other persons in the cases provided for by this Code and other federal laws, are subject to mandatory preliminary medical examination when concluding an employment contract.

Order No. 302n

This order, adopted in October 2011, determines the list of hazardous industries, which have a harmful effect on the human body, as well as the harmful factors themselves in such types of work.

This list includes chemical, biological and physical hazards.. The result of their exposure are allergies, diseases of the musculoskeletal system, cardiovascular system and respiratory tract.

Also, in the case of physical influences, it is worth mentioning hearing loss, visual impairment, possible exposure(including radioactive) and chronic diseases. This is not a complete list of the consequences of harmful and hard work.

IMPORTANT: Some types of work, due to their specifics, expressly prohibit the employment of women and children. This is due to the fact that these jobs have a strong and often irreparable harm to the health of these categories of applicants.

What are surveys for? With an annual medical examination, it becomes possible to track the impact of work on the human body.

In this way, some serious occupational diseases can be prevented. Also, it allows you to offer the employee a different position not associated with harmful factors.

When is a medical examination required?

According to the legislation, namely the Labor Code of the Russian Federation, An initial medical examination is needed if:

ATTENTION: Some types of work combine the above features. For example, the subway. This work is associated with the transportation of passengers, and is also harmful, due to constant noise, being underground and dust.

Therefore, very serious health requirements, completely excluding chronic diseases, overweight, vision and hearing problems and so on.

In some cases, employees must undergo periodic medical examinations at the discretion of local authorities.

In all of the above cases, a medical book is issued often at the expense of the employer. Its presence is mandatory, and its absence threatens with a fine and a reprimand against an official.

The list of professions for which a preliminary medical examination is mandatory is quite extensive and includes several hundred items. Briefly, A medical examination is required for employment in the following areas of employment:

1. management of transport and other complex mechanisms. This includes drivers, train drivers (and almost all positions in Russian Railways), pilots, crane operators, and so on.
2. All positions, one way or another related to the transportation, preparation and processing of food. For example, these are waiters, cooks and bartenders. This also includes workers in food factories that produce bread and other products.
3. Workers associated with the work of water and wastewater treatment plants.
4. Medical and preventive and children's institutions, such as: doctors, nurses, teachers, educators, cleaners and so on.
5. Professions associated with dangerous and harmful factors. A variety of positions in various fields, for example: Metallurgist, electrician, industrial climber, sailor, scuba diver, nuclear power plant workers and others.

Is it possible to refuse?

The applicant has the full right to refuse to undergo a medical examination, if it is not mandatory, according to the Labor Code of the Russian Federation, for this type of work. For example, if the employer himself, not relying on the law, decided to make medical examinations mandatory, then this is not authorized on his part and cannot serve as a basis for fines and dismissal.

In the other cases mentioned above, the refusal of the applicant to undergo the examination automatically prohibits the device for this position.

Responsibility of the employer for admission without examination

Unfortunately, many employers neglect the medical examination., for personal gain. Such actions are illegal, as they conflict with Article 5.27 of the Code of Administrative Offenses of the Russian Federation, and have the following consequences:

• entity. In the event that employees have not passed a medical examination and / or do not have medical books, then a fine is imposed on the legal entity, from thirty to fifty thousand rubles, or suspension of activities for 90 days.
• Individual Entrepreneurs (IP). The same rules apply here as for legal entities.
• Official Persons. They are fined from one to five thousand rubles. In case of repeated such violation, the official is disqualified for a period of one to three years.

REFERENCE: If the medical examination is not passed, but the employer is to blame, then the downtime of the employee must still be paid.

Useful video on the topic

Expert advice on the rules for passing a medical examination when applying for a job.

Conclusion

It is worth remembering that a medical examination is not a "barrier" to employment, but a necessity. In some cases, from timely examination may affect a person's health and even his life.

It is not only about the employees themselves, but also about other people when it comes to the food industry. This obligation is established by law, to save as many lives of ordinary citizens as possible.

Important information

According to article 5.27.1. 3., the lack of a sanitary book or medical examination (as well as an overdue medical examination) among employees entails an administrative penalty. The fine for the absence of a medical examination for an individual is 15-25 thousand rubles, while a legal entity is obliged to pay it in the amount of 110-130 thousand rubles.

A medical board for employment is a mandatory requirement for some categories of workers. It allows you to assess the health of the candidate, the possibility of fulfilling the duties stipulated by the position.

Persons whose activities are related to the following are required to undergo a medical examination when applying for a job (Article 213 of the Labor Code of the Russian Federation):

• Organization of public catering;
• public transport management;
• Performing work in hazardous or dangerous conditions;
• Work on a rotational basis;
• For positions involving placement in children's or medical institutions;
• Sports training, participation in competitions;
• Hairdressers, cosmetologists;
• Law enforcement officers (prosecutors, police officers, rescuers);
• Judges.

Art. 266 of the Labor Code of the Russian Federation establishes that a medical examination for employment is mandatory for persons under the age of majority. Employees who have not passed a medical examination cannot be allowed to work. Otherwise, the employer is fined or removed from office for up to 3 years.

The procedure for passing a medical examination

Passing a medical commission when applying for a job:

1. Registration of a referral for a medical examination (issued by the employer). The current legislation does not establish a sample, so the form is drawn up in any form.
2. Contacting the clinic indicated on the form (if the employer has an agreement with the organization). Otherwise, visit a private or public clinic.
3. Passage of the entire list of doctors contained in the issued referral. Specialists enter information in a separate form.
4. Drawing up a final written conclusion based on the results of passing a medical commission with a therapist.
5. Presentation of the received certificate in the form 086/y to the employer.

Art. 212 and 213 of the Labor Code of the Russian Federation establishes that any type of medical examination (primary or planned) must be paid by the employer. The final cost of going through all the doctors and obtaining an opinion is largely determined by the subject of residence and the tariffs of the medical institution. Considering how much a medical examination for work costs, it is worth highlighting that, on average, prices vary from 1,000 to 3,000 rubles.

Full list of doctors

The list of doctors to be passed is determined by the profession. The full list includes the following specialists:

The medical commission for the civil service and other positions requires the delivery of general medical tests for the presence of infectious diseases and HIV. Women are additionally examined in the gynecologist's office.

See the video for details on how to pass the medical examination.

Deadlines for a medical examination

A referral form for a medical examination from the employer in 2019 is issued to medical institutions with which the organization has an agreement. If the company does not have such an agreement, then the medical examination is carried out in a public or private clinic.

In any state clinic, you can go through a commission and get a certificate in the form 086 / y. The advantage of applying is the affordable cost of services, but the time for passing the inspection will increase by 2-3 times. It will be possible to receive a certificate in a state clinic within 1-2 weeks.

The validity of the certificate in form 086y is 6 months from the date of issue. During this period, you can get a job without having to take a certificate again.

Private medical centers also offer to go through a commission when applying for a job, but the cost of services in them is much higher. The advantage of applying is the speed of obtaining a conclusion and a high level of service. It takes 2-3 days to receive a certificate. The term for the passage of doctors is no more than 2 hours, the rest of the time is necessary to obtain the results of the tests.

For more information about passing a medical examination when applying for a job, you can find out by asking a question in the comments.

When concluding an employment contract with an employer, in some cases, employees must be examined by medical specialists. Without the verdict of doctors in certain situations provided for by the legislation of the Russian Federation, it is impossible to enter into labor relations. The employer must make sure that the work in his organization will not cause harm to human health, exacerbating any existing problems, and the employee will not have to create special working conditions. Yes, and the economic moment cannot be discounted: by hiring a specialist, the employer expects to pay for his work, and not for frequent sick leave.

From the article you will learn:

• for which categories of workers an initial medical examination before starting an employment relationship is mandatory,
• who will reimburse the time and money spent on this event,
• how to properly arrange this procedure in accounting and personnel records.

We are talking about the primary medical examination, organized before hiring.

Legislative framework for primary medical examinations

The Labor Code of the Russian Federation addresses the issue of medical examination before employment in several articles:

• Art. 69 regulates the mandatory examination of doctors for underage workers;
• Art. 185 guarantees the employee compensation for the money spent on the working medical examination;
• Art. 212 and Art. 213 cite categories of employees for whom admission to work without undergoing a medical examination is a direct violation of the law;
• in Art. 213 explains the procedure for conducting a regular medical examination in the organization;
• Art. 214 insists on a medical examination as one of the ways for an employee to comply with labor protection rules;
• Art. 324 speaks of the mandatory medical examinations for those who settle in the Far North.

In addition to the Labor Code, medical examination of potential employees is covered in Appendix 3 to the order of the Ministry of Social Development of the Russian Federation No. 302n dated April 12, 2011.

And, finally, the Decree of the Chief Sanitary Doctor of Russia dated 03.06.2003 obliges those workers whose work is spent at the computer for half the working time or longer to undergo medical examinations.

Who will not be hired without a medical examination

• employees under the age of 18 (regardless of their field of activity);
• employees in transport and water companies;
• persons whose labor functions are related to the food industry, catering, trade;
• medical workers;
• working in the pedagogical field;
• judges and customs officials;
• employees of the Ministry of Emergency Situations;
• employed with harmful and dangerous working conditions;
• athletes;
• beauty industry workers (hairdressers, massage therapists, cosmetologists, manicurists, etc.).

NOTE! This list is not complete and closed. Regional authorities, local governments can expand the indications for a mandatory medical examination before employment.

How to organize an initial medical examination

Only specialized institutions - clinics, hospitals, medical centers - have the right to conduct official medical examinations. The employee cannot go to the doctors of his choice: the employer gives him a referral to a certain medical institution with which he has an agreement on medical care for employees.

Upon employment (or immediately after it), the employee receives from the employer such a direction, which will indicate the list of medical specialists from whom the conclusion “fit” is required.

In a medical institution, by presenting a passport and a referral, a working citizen draws up an outpatient card and, in some cases, a personal medical book. After that, a methodical bypass of doctors and the delivery of the necessary tests begins.

Which doctors will have to go

The number of specialists who make their verdict on the health of a future employee varies depending on the position for which he is applying. The standard version, which is recommended to all those “doomed” to a mandatory medical examination, includes the following conclusions:

• otorhinolaryngologist;
• neurologist;
• ophthalmologist;
• surgeon
• gynecologist (for women);
• therapist.

To form a conclusion, data from the main clinical analyzes will also be required:

• UAC, OAM;
• cardiograms;
• fluorography or x-ray of the lungs;
• blood sugar test;
• liver tests.

The rest of the nuances regarding the examinations of people who get a job in specific professions are regulated by special regulations. For many professions, examinations are provided by additional specialists, for example, a narcologist, a psychiatrist, etc.

Passed medical examination - what is the result?

What documents should the applicant receive after passing the medical examination? These papers will become a confirmation of fitness for the chosen business and a “ticket” for work: they will need to be provided to the employer. Depending on the position and field of activity of the person examined after the medical examination, he will be given one of the following documents:

1. Certificate of medical examination (form 086-y).
2. Extended medical report containing recommendations and contraindications. It is drawn up in two copies, one of which remains in the outpatient card entered in the clinic.
3. Completed personal medical record. In the event that it is not possible to issue it in one day, for the employer, doctors will write out a certificate of passing a medical examination and an obligation to issue a medical book by the designated date.

Who bears the cost of the medical examination?

It is not always possible to do the necessary examination for free. In today's realities, in this matter, the legislation protects the interests of the employed employee: the financial side must be provided by the employer if the employee is from the category of those for whom a medical examination is mandatory. Compulsory health insurance does not undertake to cover the costs of a preliminary medical examination of applicants (FFOMS letter dated August 30, 2010 No. 3979 / 30-4 /).

If the potential staff is not included in the legally defined categories, and the employer wants to make sure of his health, the following options are possible:

1. At the request of the employee, he can undergo a medical examination at his own expense and provide the employer with a corresponding conclusion. In this case, the refusal to hire in the absence of such a desire will be unlawful.
2. The employer provides the desired medical examination according to the generally accepted scheme.

ATTENTION! If an employee goes for an agreed medical examination during his working hours, already working for this employer, this time must be paid exactly as working time. If the employee did not come to the doctors at the specified time due to his own fault, while he was not at work, then he will not be paid for downtime. If the failure to appear was the fault of the employer, then, despite the failed medical examination, you still have to pay for this time, as well as go through doctors at another time.

Medical check-up fees will be reimbursed upon a written request from the employee. Supporting documents must be attached to the document: receipts for payment for medical services and a referral previously received from the employer.

Accounting and tax accounting of expenses for medical examination

The Tax Code provides for the following features of accounting for these costs in an organization:

• medical examination costs are included in the income tax base as "other expenses" if the medical examination is mandatory by law;
• these funds are not subject to personal income tax;
• With this money you do not need to transfer insurance premiums.

IMPORTANT INFORMATION! If an employee passed a medical examination, but was not hired, the funds are still reimbursed to him, while they are written off to “other expenses” on an equal basis with the rest.

Accounting holding of funds for a medical examination

PBU 10/99 in paragraphs 5, 7 prescribes that these costs be included in the composition of “expenses for ordinary activities”. You can write off these costs in different ways, depending on where exactly the funds were paid:

• if the medical examination was carried out in the organization’s own first-aid post, the expenses will be treated as “expenses for the maintenance of the first-aid post”: debit 26 (44), credit 02 (10, 70, 68, 69, etc.);
• to pay for the services of a third-party medical institution, the following entries will be needed: debit 26 (44), credit 76 - reflection of the costs of a mandatory medical examination, debit 26 (44), credit 76 - accrual of compensation for the costs of a mandatory medical examination.

Getting a job at an enterprise, in an organization, each applicant is required to undergo a medical examination. The list of doctors who need to be examined and receive a conclusion may differ. It all depends on the type of activity, on what exactly is to be done in the workplace.

Note

Passing a medical examination, on the one hand, allows the employer to make sure that he entrusts a responsible business to a physically and mentally healthy person. On the other hand, the applicant himself will know whether he is ready to perform the tasks assigned to him. Annual medical examinations will also help to track the dynamics of the state of health.

When is a pre-employment screening required?

The obligatory passing of a medical examination for people of certain professions is enshrined in the Labor Code of the Russian Federation (set out in Art. 69,,,,, 348.3.)

The employer does not have the right, according to article 212 of the Labor Code of the Russian Federation, to hire a person who has not passed a medical examination. It is necessary to obtain a medical opinion in the form of a certificate or a medical book before concluding an employment contract.

Additional Information

A medical examination is needed when applying for such types of work that are related to driving, interacting with children, with a large number of people, where there are special working conditions, where fateful decisions are required or the use of weapons.

Who is required to undergo a preliminary medical examination?

The Labor Code of the Russian Federation requires certain categories of workers to undergo a medical examination when applying for a job:

• under 18 years of age:
• whose profession is associated with harmful and dangerous production;
• who work in the food industry;
• who provides medical services;
• trade workers;
• involved in transport;
• teachers, counselors, educators, teachers;
• working in extreme conditions;
• service personnel, for example: waiters, hairdressers, cosmetologists, athletes;
• judges, law enforcement officials, other employees of state institutions;
• who work in the Far North or in those places that are equated to it.

Such a medical examination before hiring is called primary. It allows you to determine whether a person is ready for health reasons to perform the work for which he is hired, whether he has chronic and hereditary diseases that can affect his health in the future and interfere with the performance of assigned tasks. Such a physical examination also protects the team from infectious diseases that a new employee can bring.

Form

When accepting a new employee, the manager, against signature, gives him a referral form for a medical examination by doctors. The document is issued by an employee of the enterprise in which the applicant is going to work. There is no single sample form for a medical examination when applying for a job. But there are certain requirements for its design. It must contain:

• name of the organization, enterprise;
• type of activity and form of ownership;
• the name of the clinic where you need to undergo a medical examination, indicating contact numbers and addresses;
• type of medical examination;
• Full name of the person being sent and his date of birth;
• the name of his future profession;
• risk factors in the enterprise.

The timing of the medical examination is agreed in advance.

Employer's responsibility

The head is obliged, according to the law, to send the employee to undergo a medical examination, if the position and the specifics of the work provide for such a need. This is a requirement of the Labor Legislation (paragraph 12, part 2, article 212 of the Labor Code of the Russian Federation), otherwise the head of the enterprise will be subject to penalties for hiring a person who has not checked his health before starting work.

Close attention is now being paid to medical examinations. Supervisory authorities (Rospotrebnadzor, Labor Inspectorate) monitor compliance with the procedure for hiring citizens and subject violators of labor legislation to penalties. Fines are not small (part 3 of article 5.27.1 of the Code of Administrative Offenses of the Russian Federation).

Employee Responsibility

The applicant does not have the right to refuse to undergo a medical examination when applying for a job or any part of it. He must be examined by all required specialists, attend all necessary diagnostic tests, take tests and receive appropriate vaccinations, if required. Otherwise, the contract with him will not be signed, he will not be hired. Women additionally need to visit a mammologist and a gynecologist.

Attention

The fact that the applicant for the position has not yet been hired, is not in the state, is not a basis for refusal. FROM article 69 of the Labor Code provides that a medical examination is carried out simultaneously with the conclusion of an employment contract.

It is necessary to pass a medical examination within the time limits established by law. A person referred for a medical examination has the right to undergo examinations in any medical institution. But, as a rule, the employee is sent to the outpatient department at the place of residence.

Step-by-step instructions for passing a medical examination when applying for a job

If the applicant received a positive response to his resume, then from the place of future work he is given a referral to undergo a medical examination. What should the employee do next:

1. At the designated time, you need to come to the clinic, contact the office from which the medical examination begins (usually, this is the therapist's office).
2. On the same day, a person receives a referral for diagnostic tests and tests. You can pass them on the same day (if you have time in time in the morning).
3. Decide on visiting other doctors (as a rule, the therapist gives a recommendation on how to quickly pass a medical examination, without wasting time, which doctors and at what time to come).
4. Get a medical report or medical book. The medical book takes some time to process, but you can get a certificate from the medical institution stating that the medical examination has been passed, and the medical book itself is being issued.
5. Bring the finished conclusion to the employer. One copy remains in the personal file of the employee at the enterprise. Another copy is in a medical facility.

As practice shows, a medical examination when applying for a job can be bypassed in two to three days. There is nothing complicated in this procedure.

What kind of doctors do you need to go through?

The standard list of doctors that you need to go through when applying for a job looks like this:

• therapist (they start with him and finish with him, receiving a final certificate);
• surgeon;
• neuropathologist;
• ophthalmologist;
• otolaryngologist.

You will also have to take a blood and urine test, undergo an ECG and fluorography, for women - additionally visit a mammologist and gynecologist.

This is the standard. But besides these doctors, for some types of professions, an examination of other specialists is also required. It can be a narcologist, psychiatrist, gastroenterologist, cardiologist, allergist.

Reference sample

A certificate confirming that the future employee of the enterprise has passed a medical examination is the final conclusion of the therapist, issued on the basis of the conclusions of other specialists of the medical institution.
Most often, a certificate is issued in the form 086 / y.

Certificate validity period

If a person for the first time, then a certificate 086 / y is usually issued. It is valid for half a year. For civil servants, the certificate is different - 001-GS \ y. Its validity period is one year.

However, the employer may request that the medical examination be taken again, even if the certificate has not expired. The fact is that sometimes a person passes a medical examination for one enterprise, and then decides to go to work in another organization. And there may be requirements.

Note

Do not confuse a certificate required before starting work, and the annual preventive examination of employees. These are different documents and different requirements. As well as an additional medical examination regarding certain professions.

Payment for medical examination at the time of employment

The legislation requires the employer to pay the costs associated with medical examinations upon employment, in accordance with Art. 212 of the Labor Code of the Russian Federation. Orto return the funds spent on the medical examination to the employee. Moreover, within a period of not more than 10 days from the date of submission of all supporting documents on receipt of a medical opinion. Most often, people undergo a medical examination at their own expense in order to receive compensation for the money spent later. Although this way is not entirely legal. The company should pay immediately, and not compensate for the costs later.

IMPORTANT

Sometimes, in practice, people are faced with the fact that no one returns their money for a medical examination when applying for a job. This is a violation of the law. And we are talking about the amount, which for some is very significant. Especially when a person has not yet managed to earn a single ruble, but only gets settled. Depending on the regions, this amount ranges from 1000 to 3000 rubles.

You can try to return the money by writing a complaint to the Labor Inspectorate or the prosecutor's office. But job seekers rarely take such a step. However, such adherence to principles sometimes allows them to feel better and more confident in the workplace.

What to do if an employee fails a medical examination?

Sometimes such a nuisance happens that the applicant did not pass a medical examination. He will be given a conclusion on certain medical contraindications, which can be both temporary and without time indication.

Attention

If health disorders are temporary - no more than 4 months, then the employee may be offered another vacancy within a certain period, and then transferred to desired position. If the contraindications are more serious, then the employer does not have the right to hire such an employee (). He can only give him an alternative vacancy if there is one.

For the applicant himself, medical contraindications are a warning that this work is not suitable for him and will lead to even greater health problems. So, you should not neglect the medical opinion - not only by virtue of the law, but also in your own interests.

Can I get fired if I don't pass a medical examination when applying for a job?

According to the law, an employee who has not passed a mandatory medical examination upon employment,. It all depends on the period of contraindications indicated in the medical certificate: more than 4 months or less than 4 months. For short-term health problems, an employee may be offered a temporary job in another position. In case of long-term problems, they can offer the position that allows the employee to work for medical reasons and according to professional data. Or they are fired, since medical contraindications are a serious reason for this.

Note

If an employee, for health reasons, is transferred to another position with a lower salary, but without a change of leader, then he must be paid the same salary within a month. And if he is fired, then he should be paid everything that is required by law, including for unused vacation.

Nuances

If a medical examination when applying for a job is not required by law, and the applicant passed it anyway, then no one will compensate him for the costs. However, sometimes the employer requires to be examined by doctors, even despite the fact that this field of activity does not provide for a mandatory medical examination. The manager may have his own requirements and criteria for selecting employees. But in this case, the employer is obliged to pay the costs to the applicant when hiring him.

Additional Information

A person does not have to undergo a medical examination in a particular medical institution. The employer can send it to the organization with which the company has an agreement. Or a person chooses where to go. The main thing is that this medical institution has all the licenses for the right to operate and conduct certain studies and analyzes.

Health information is known to be a medical secret. But in the case of passing a medical examination, the employer can and should be aware of the health status of the applicant. This is not a violation of the law.

The list of doctors and necessary studies can be adjusted to suit a specific region or documented in the organization where the job seeker is looking for work.

In some cases, employment is allowed only on condition that a mandatory preliminary medical examination has been passed in the manner and under the conditions determined by labor legislation. This is provided in order to protect the health of both the workers themselves and the public. It is the responsibility of the employer to carry out such inspections. However, in practice, there are distortions both in one direction and in the other: either examinations are not carried out when they should be done (and this is established by law), or vice versa - they force everyone to undergo a medical examination without exception, including those when it is not necessary, and even in violation of workers' rights.
Today we will try to figure out in which cases it is necessary to conduct preliminary medical examinations when applying for a job.

Persons subject to mandatory preliminary medical examination

Within the meaning of Art. 69 of the Labor Code of the Russian Federation, a mandatory preliminary medical examination (examination) at the conclusion of an employment contract must be carried out by persons who can be conditionally divided into three groups:
- persons under the age of 18;
- persons in cases provided for by the Labor Code of the Russian Federation;
- other persons provided for by other federal laws.

The Labor Code of the Russian Federation singles out persons under the age of 18 to a separate group, which is due to the peculiarity of the development of their body. A similar rule is contained in Chapter 42 of the Labor Code of the Russian Federation, referred to as "Peculiarities of labor regulation of workers under the age of eighteen." According to Art. 266 of the Labor Code of the Russian Federation, persons under the age of 18 are hired only after a preliminary mandatory medical examination (examination), which is carried out at the expense of the employer.

The next group of persons who are required to undergo mandatory preliminary medical examinations (examinations) upon admission to work, provided for by the Labor Code of the Russian Federation, is classified depending on the purpose of the medical examination. Conventionally, they can be divided into groups.

First group- persons employed in heavy work and in work with harmful and (or) dangerous working conditions (including underground work), as well as in work related to traffic.

Conducting mandatory preliminary medical examinations (examinations) upon employment of persons conditionally assigned to the first group is due to the need to determine the suitability of these workers for the performance of the assigned work and to prevent occupational diseases.

By the way

Prior to the introduction of amendments to the Labor Code of the Russian Federation in its norms, including in the rule provided for by Art. 69 of the Labor Code of the Russian Federation, the term "examination" was absent. It was introduced in order to bring the provisions of the Labor Code of the Russian Federation into line with the norms provided for by other federal laws - and regulatory legal acts.

Second group- persons applying for work in organizations of the food industry, public catering and trade, water supply facilities, medical and preventive and children's institutions, as well as some other employers (see article 213 of the Labor Code of the Russian Federation).

The purpose of conducting preliminary medical examinations of the second group of persons is to protect the health of the population, to prevent the occurrence and spread of diseases.

It should be noted that the list of cases provided for by the Labor Code of the Russian Federation, when mandatory preliminary medical examinations (examinations) are introduced, is open. By virtue of h. 4 Article. 213 of the Labor Code of the Russian Federation, individual employers, if necessary, by decision of local governments, may introduce additional conditions and indications for mandatory medical examinations (examinations). We conditionally refer these cases to the third group of persons.

Analyzing the rules for the delimitation of powers to establish cases of the introduction of a mandatory preliminary medical examination (examination), contained in the above norm, we can conclude: the employer at his level, independently by a local regulatory act, cannot establish a requirement that all applicants (candidates) undergo a preliminary medical examination ( examinations) upon hiring. The refusal of an applicant for a vacant position to undergo a preliminary medical examination in cases not provided for by law is lawful and cannot serve as a basis for refusing to conclude an employment contract.

The procedure for conducting surveys
According to part 3 of Art. 213 of the Labor Code of the Russian Federation, regulatory legal acts approved in the manner established by the Government of the Russian Federation determine:

* harmful and (or) dangerous production factors and work, during the performance of which mandatory preliminary medical examinations (examinations) are carried out;
* the procedure for conducting mandatory preliminary medical examinations (examinations).

In accordance with Art. 214 of the Labor Code of the Russian Federation, an employee is obliged to undergo mandatory preliminary (upon employment) medical examinations (examinations) at the direction of the employer in cases provided for by the Labor Code of the Russian Federation and other federal laws.

In accordance with Decree of the Government of the Russian Federation of October 27, 2003 No. 646 "On harmful and (or) dangerous production factors and work, during the performance of which preliminary and periodic medical examinations (examinations) are carried out, and the procedure for conducting these examinations (examinations)" these factors and work, as well as the procedure for conducting inspections, are approved by the Ministry of Health and Social Development of Russia.

In pursuance of this document, the Order of the Ministry of Health and Social Development of Russia No. 83 dated August 16, 2004 approved the Lists of harmful and (or) hazardous production factors and work, during the performance of which preliminary and periodic medical examinations (examinations) are carried out, and the procedure for conducting these examinations (examinations).

Along with them, the order of the Ministry of Health and Medical Industry of Russia dated March 14, 1996 No. 90 "On the procedure for conducting preliminary and periodic medical examinations of workers and medical regulations for admission to the profession" (hereinafter - order dated March 14, 1996 No. 90), which approved the following documents:

* Temporary List of harmful, hazardous substances and production factors, when working with which preliminary and periodic medical examinations of employees, medical contraindications, as well as medical specialists involved in these medical examinations and necessary laboratory and functional studies are required;
* Temporary List of works, the performance of which requires preliminary and periodic medical examinations of employees, medical specialists involved in these medical examinations, necessary laboratory and functional studies, medical contraindications for admission to work;
* Regulations on conducting mandatory pre-employment and periodic medical examinations of employees;
* A list of general medical contraindications to admission to work in contact with harmful, hazardous substances and production factors, as well as to work in accordance with temporary lists;
* List of occupational diseases with instructions for its use. The purpose of preliminary medical examinations upon admission to work is to determine the compliance of the applicant's (examined) health state with the work assigned to him.

The purpose of preliminary medical examinations upon admission
for work - to determine the conformity of the health status of the applicant (examined) with the work assigned to him.

Preliminary medical examinations are carried out in accordance with order No. 90 of March 14, 1996 by medical institutions (organizations) of any form of ownership that have an appropriate license and certificate.

An examination by a psychiatrist is carried out in a psycho-neurological dispensary (department, office) at the place of permanent registration of the subject.

The contingents subject to preliminary medical examinations are determined by the centers of the State Sanitary and Epidemiological Supervision of the constituent entities of the Russian Federation together with the employer and the relevant elected body of the primary trade union organization (by workshops, professions, hazardous, harmful substances and production factors) no later than December 1 of the previous year. The timing of inspections should correspond to the established frequency.

A referral for a medical examination, a list of harmful, hazardous substances and production factors affecting the employee, is issued by the employer to the applicant (examined) for presentation to the attending physician of the medical institution conducting the medical examination. The main person conducting preliminary medical examinations is the attending physician of a medical institution providing medical care (this may be a general practitioner of a health center, shop or territorial area, or a general practitioner (family doctor).

The data of the medical examination are entered into the outpatient medical record. Each doctor participating in the examination gives his opinion on professional suitability and, if indicated, outlines the necessary medical and recreational measures. A separate sheet contains data on the professional route of a potential employee (enterprise, workshop, site, profession, experience, harmful, hazardous substances and production factors) and a final conclusion on the compliance of the health status with the assigned work or other conclusion.

Persons who have passed a preliminary medical examination and are found fit to work with harmful, hazardous substances and production factors are issued an appropriate conclusion signed by the attending physician and sealed by the medical institution (in the case of individual admission, data on the mandatory use of a prosthesis, hearing apparatus, glasses, etc.).

Persons who are contraindicated to work with harmful, hazardous substances and production factors, or in conflict cases, are given the conclusion of the clinical expert commission (CEC) in their hands, and a copy of it is sent to the employer that issued the referral within three days.

Preliminary medical examinations of persons hired on a rotational basis are carried out by medical institutions at the place of permanent medical care or at the place of deployment of shifts, when the administration of the rotational organizations decides on their financing.

The witness is obliged:

* timely come to the medical examination;
* have a referral, passport or other identification document, and a military ID;
* obtain a medical report to present to the employer.

The medical institution (attending physician) provides for a medical examination individually for each subject in accordance with the required volume, within the limits of the license, certificate held by the attending physician and the medical institution, within a month from the date of application. If it is necessary to conduct additional studies, the medical institution (attending physician) decides on the involvement of other specialists or healthcare institutions.

Psychiatric examination
Mandatory psychiatric examination should be carried out by persons whose official duties will include the implementation of certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as those working in conditions of increased danger provided for The list of medical psychiatric contraindications for the implementation of certain types of professional activities and activities associated with a source of increased danger (hereinafter - the List of 04/28/93), approved. Decree of the Government of the Russian Federation dated April 28, 1993 No. 377 "On the implementation of the Law Russian Federation"On psychiatric care and guarantees of the rights of citizens in its provision"".
By the way

In accordance with Decree of the President of the Russian Federation No. 314 of March 9, 2004 "On the System and Structure of Federal Executive Bodies" (as amended of May 20, 2004 No. 649), the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospot- Rebnadzor), which, in particular, was transferred the functions of the abolished Ministry of Health of Russia for control and supervision in the field of sanitary and epidemiological surveillance.

According to Art. 6 of the Law of the Russian Federation of 02.07.92 No. 3185-I "On psychiatric care and guarantees of the rights of citizens in its provision" (hereinafter - the Law of 02.07.92 No. 3185-I), a citizen can be temporarily (for a period of not more than five years and with the right subsequent re-examination) was declared unsuitable due to a mental disorder to perform certain types of professional activities and activities associated with a source of increased danger.

The rules for passing a mandatory psychiatric examination by persons engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as those working in conditions of increased danger, were approved by Decree of the Government of the Russian Federation of September 23, 2002 No. 695 "On the passage of a mandatory psychiatric examination by employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger." Examination of an employee is carried out on a voluntary basis, taking into account the norms of the Law of 02.07.92 No. 3185-1.

The list of medical psychiatric contraindications for the implementation of certain types of professional activities and activities associated with a source of increased danger is approved by the Government of the Russian Federation and periodically (at least once every five years) is reviewed taking into account the accumulated experience and scientific achievements.

An examination of a person is carried out in order to determine his suitability for mental health reasons to carry out certain types of activities, as well as to work in conditions of increased danger, provided for by the List dated 04/28/93. Examination of the employee is carried out by a medical commission created by the health management body.

To pass it, the examinee submits a direction issued by the employer, which indicates the type of activity and working conditions provided for by the List of 04/28/93. At the same time, he presents a passport or another identity document replacing it.

The examination is carried out within a period of not more than 20 days from the date of its application to the commission.

For the purpose of examination, the commission has the right to request additional information from medical institutions, of which the person being examined is informed. The Commission makes a decision within 10 days after receiving additional information. During the examination, a person may receive clarifications on issues related to his examination. The commission makes a decision by a simple majority of votes on the suitability (unsuitability) of the type of activity being inspected for performance (work in conditions of increased danger) indicated in the direction for certification.

The decision of the commission (in writing) shall be issued to the person against receipt within three days after its adoption. Within the same period, a message is sent to the employer about the date the decision was made and the date it was issued to the person being examined. In case of disagreement with the decision of the commission, it can be appealed in court.

Expert opinion

A.V. Potapova,
expert of the magazine "Handbook of Personnel Officer"

Part 3 Art. 76 of the Labor Code of the Russian Federation contains the following rule: in case of suspension from work of an employee who did not pass the mandatory preliminary medical examination (examination) through no fault of his own, he is paid for the entire time of suspension from work as for downtime.

The application of this rule in practice is problematic and raises a number of questions. Persons subject to mandatory preliminary medical examination (examination) undergo this examination before the conclusion of an employment contract, i.e. when they are not yet employees. Meanwhile, there are difficulties with determining the period of time allotted for the mandatory preliminary medical examination. And if it is not passed during this period - with the time during which the person sent for a preliminary medical examination will undergo it (the time of exclusion from work).

Further, it is difficult to clarify the circumstances of the failure to undergo a preliminary medical examination. When the employee is suspended from work on this basis, the employer has the right to find out the reasons for not passing the medical examination, demand an explanation from him, draw up an act on the failure to pass the medical examination, the immediate supervisor can issue a memorandum, etc. In the case when the preliminary medical examination a person in respect of whom a decision on hiring has only been made does not pass, everything is not so definite. It turns out that if there is no documentary evidence of passing a preliminary medical examination, then an employment contract will not be concluded, the actual admission to work cannot be carried out, at the same time, the procedure for finding out the reasons for not passing it is not defined.

Payment for downtime in case of non-admission to work of a person who has not passed a preliminary medical examination is made in accordance with the rules of Art. 157 of the Labor Code of the Russian Federation. Thus, downtime due to the fault of the employer (when the preliminary medical examination was not passed through the fault of the employer, for example, the referral for examination was improperly issued) is paid in the amount of at least two-thirds of the average salary of the employee; for reasons beyond the control of the employer and employee (for example, a preliminary examination was not passed due to the fault of a medical institution) - in the amount of at least two thirds of the tariff rate, salary (official salary), calculated in proportion to the downtime. However, here there is a problem with determining the size of the average wage for persons who are not yet employees, as well as the question of the content of the order of the head, on the basis of which the accounting department will make these payments.

Norm, Part 3, Art. 76 of the Labor Code of the Russian Federation on payment of time during which an employee who has not passed a preliminary medical examination is not allowed to work was also in the original version of the Labor Code of the Russian Federation. Unfortunately, at the moment there are no recommendations on the application of this rule in practice.

About employer costs

In accordance with Part 2 of Art. 212, part 6 of Art. 213 of the Labor Code of the Russian Federation, medical examinations (examinations), including mandatory preliminary examinations, in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, are carried out at the expense of the employer. A similar rule was provided for in paragraph 2 of Art. 14 of the previously valid Federal Law of July 17, 1999 No. 181-FZ "On the Fundamentals of Occupational Safety in the Russian Federation", according to which the employer was obliged to provide at his own expense the mandatory medical examinations (examinations) of employees upon admission to work.

In the issue under consideration, the procedure for attributing the costs of the employer to medical examinations of employees is important.

In accordance with the letter of the Federal Tax Service of the Russian Federation for Moscow dated June 28, 2005 No. 20-12 / 46417 "On inclusion in the cost of medical examinations of employees," the above costs are to be attributed to other expenses accounted for on the basis of subpara. 7 p. 1 art. 264 of the Tax Code of the Russian Federation, subject to three conditions:
1) conducting medical examinations of those employees for whom, according to the legislation, they are mandatory;
2) the implementation of medical examinations in accordance with the established Procedure, approved. by order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83;
3) their proper documentation.

The costs of conducting the above medical examinations are related to the costs of ensuring normal working conditions and safety measures provided for by the legislation of the Russian Federation. In accordance with paragraph 1 of Art. 252 of the Tax Code of the Russian Federation, documented expenses are understood to be expenses confirmed by documents drawn up in accordance with the legislation of the Russian Federation, or documents drawn up in accordance with business customs applied in a foreign state in whose territory the corresponding expenses were made, and (or) documents, indirectly confirming the expenses incurred (including a customs declaration, a business trip order, travel documents, a report on the work performed in accordance with the contract). Expenses are recognized as any costs, provided that they are made for the implementation of activities aimed at generating income.

At the same time, it should be borne in mind that the costs of medical examinations of other employees of the organization, for whom such examinations are not mandatory, cannot be considered reasonable and, as a result, do not reduce the tax base for corporate income tax.

Cases of mandatory preliminary medical examinations provided for by other federal laws

The next group of subjects under consideration, who are required to undergo a mandatory preliminary medical examination (examination) when hiring, consists of other persons provided for by other federal laws. Among them, in particular, we can name workers who carry out activities in the field of the use of atomic energy.

So, in accordance with clause 1.7.2 of the Resolution of the Gosgortekhnadzor of Russia dated 05.06.03 No. 56 "On approval of safety rules in the oil and gas industry", workers employed in work with dangerous and harmful working conditions must undergo mandatory preliminary (upon admission to work) medical examinations (examinations) in order to determine their suitability for the performance of the assigned work.

In addition, according to Art. 27 of the Federal Law No. 170-FZ dated November 21, 1995 "On the Use of Atomic Energy", certain types of activities in the field of the use of atomic energy are carried out by employees of nuclear facilities if they have permits issued by state safety regulatory authorities. At the same time, the list of specialists from among the employees who, depending on the activities they perform, must obtain permits for the right to conduct work in the field of the use of atomic energy, as well as the qualification requirements for these specialists, are determined by the Government of the Russian Federation.

One of the mandatory conditions for obtaining these permits is the absence of medical, including psychophysiological, contraindications. The list of medical contraindications and the list of positions to which these contraindications apply, as well as the requirements for medical examinations and psychophysiological examinations, are determined by the Government of the Russian Federation.

In accordance with clause 31 of the regulatory legal act, referred to as "Organization of work with personnel at nuclear power plants", approved. By order of Rosatom No. 60 of February 15, 2006, a number of employees must undergo mandatory preliminary and annual medical examinations and psychophysiological examinations in accordance with Decree of the Government of the Russian Federation of March 1, 1997 No. 233 "On the List of Medical Contraindications and the List of Positions Covered by These Contraindications, and also on the requirements for medical examinations and psychophysiological examinations of employees of nuclear facilities" (hereinafter - Resolution No. 233). These include specialists from among the employees, who, depending on the activities they carry out, must obtain permits for the right to conduct work in the field of the use of atomic energy.

The purpose of conducting mandatory preliminary upon admission to work (as well as periodic, annual) medical examinations is to prevent the admission to work of a specialist in a disabled state due to illness, intoxication, and adjustment disorder. This is due to the need to reduce the likelihood of accidents due to incorrect actions of personnel associated with deviations in the health status of individual workers.

In accordance with clause 2 of Decree No. 233, medical examinations are carried out in medical and sanitary units serving nuclear facilities. Normative acts on medical examinations are approved by the Ministry of Health of the Russian Federation in agreement with the federal executive authorities concerned.

Employees of certain professions, industries, enterprises, institutions and organizations, the list of which is approved by the Government of the Russian Federation, in accordance with paragraph 3 of Art. 9 of the Federal Law of March 30, 1995 No. 38-FZ "On the Prevention of the Spread of Disease Caused by the Human Immunodeficiency Virus (HIV) in the Russian Federation", when applying for a job, they must undergo a mandatory medical examination to detect HIV infection.

Decree of the Government of the Russian Federation of September 4, 1995 No. 877 approved the List of employees of certain professions, industries, enterprises, institutions and organizations that undergo a mandatory medical examination to detect HIV infection during mandatory pre-employment and periodic medical examinations. This List, in particular, provides for such positions as doctors, paramedical and junior medical staff of centers for the prevention and control of AIDS, health care institutions, specialized departments and structural subdivisions of health care institutions engaged in direct examination, diagnosis, treatment, maintenance, as well as conducting forensic medical examination and other work with persons infected with the human immunodeficiency virus who have direct contact with them.

The procedure for conducting mandatory preliminary medical examinations to detect HIV infection upon admission to work is determined by the Rules for conducting a mandatory medical examination for the detection of human immunodeficiency virus (HIV infection), approved. Decree of the Government of the Russian Federation of October 13, 1995 No. 1017.

Employee Responsibilities

Along with the obligation of the employer to conduct mandatory preliminary medical examinations (examinations) of certain categories of employees, the legislation also establishes the obligations of such persons. So, according to Art. 214 of the Labor Code of the Russian Federation, an employee is obliged to undergo mandatory preliminary (upon employment) medical examinations (examinations) at the direction of the employer in cases provided for by the Labor Code of the Russian Federation and other federal laws.

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