Mandatory preliminary and periodic medical examinations. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Mandatory preliminary and periodic medical examinations. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

In accordance with Art. 213 of the Labor Code of the Russian Federation employer is obliged to ensure, at his own expense, the conduct of mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations) of employees at their request, in accordance with medical recommendations, while retaining their place of work (position) and secondary earnings during the passage of these medical examinations.

When an employee evades medical examinations or non-compliance with the recommendations based on the results of surveys, the employer is OBLIGED prevent employees from performing their job duties. (Article 76 of the Labor Code)

The procedure for carrying out such inspections is regulated by the following main documents:

1. Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83 "On approval of the lists of harmful and (or) dangerous production factors and work, during the performance of which preliminary and periodic medical examinations (examinations) of workers are carried out and the procedure for conducting these examinations (examinations)";

2. 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";

3. SanPiN 2.2.0.555-96. "Hygienic requirements for working conditions of women";

4. Decree of the Government of the Russian Federation of July 15, 1999 No. 825 "on approval of the List of works, the performance of which is associated with a high risk of contracting infectious diseases and requires mandatory preventive vaccinations";

5. 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 workers in conditions of increased danger";

6. Decree of the Government of the Russian Federation of April 28, 1993 No. 377 "On the implementation of the law of the Russian Federation "On psychiatric care and guarantees of the rights of citizens in its provision" (together with the List of medical psychiatric contraindications for the implementation of certain types of professional activities associated with a source of increased danger).

7. letter of Rospotrebnadzor dated January 13, 2005 No. 0100 / 63-05-32 "On the procedure for applying the order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83";

8. Decree of the Government of the Russian Federation of September 4, 1995 No. 877 "On approval of the List of employees of certain professions, industries, enterprises, institutions and organizations that undergo a mandatory medical examination to detect HIV infection when conducting mandatory pre-employment and periodic medical inspections".

9. Order of the USSR Ministry of Health dated September 29, 1989 No. 555 "On improving medical examinations of workers and drivers of individual vehicles." Examinations (examinations) are carried out by medical and preventive organizations that have the appropriate license and certificate. An examination by a psychiatrist is carried out in a psycho-neurological dispensary (office, department) at the place of permanent registration of the subject.

Examinations (examinations) are carried out in order to prevent diseases, accidents and ensure labor safety, as well as for professional selection for compliance with medical contraindications to a particular profession. The frequency of inspections is at least once every 2 years. Persons under the age of 21 undergo periodic examinations annually.

The list of employees subject to medical examinations is determined by the territorial centers of Rospotrebnadzor together with employers and trade unions or other public organizations (by workshops, professions, hazardous hazardous substances and production factors) no later than December 1 of the previous year.

Employees directly involved in the management of various types of vehicles (automobile, city, electric, air, river, sea, railway) are examined according to the lists of professions approved by the relevant Ministries.

The employer is obliged to provide persons sent for preliminary medical examinations with referral forms, where the results of medical examinations and a conclusion on the possibility of performing the work assigned to them for health reasons are entered.

The direction for inspection is issued to the employee by the employer together with a list of harmful, hazardous substances and production factors affecting the employee.

Article 185 of the Labor Code of the Russian Federation "Guarantees for employees sent for medical examination (examination)" states:

"For the duration of the medical examination (examination) for employees who are obliged in accordance with this Code to undergo such an examination (examination), the average earnings at the place of work are retained."

Authors: Fainburg G.Z., Ovsyankin A.D., Potemkin V.I.

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