The Labor Code imposes on the employer the obligation to conduct medical examinations of employees in cases stipulated by Russian legislation. Such cases are established in many different levels of regulations, which makes it difficult to clarify the issue of the need for a medical examination for a particular employee.

Consider the requirements of labor legislation aimed at ensuring the health of an employee, as well as cases where the employer has the right or is directly obliged to organize and pay for medical examinations of employees.

Rights and obligations of the employer

The obligation of the employer to conduct medical examinations is enshrined in Art. 212 Labor Code RF.

The employer is obliged to ensure, in the cases provided for labor law, holding at the expense own funds mandatory preliminary and periodic medical examinations of employees, as well as extraordinary medical examinations of employees at their request in accordance with medical recommendations, while retaining their place of work and average earnings for the duration of these medical examinations.

A preliminary medical examination is carried out upon employment, periodic - during labor activity employees with a frequency, the procedure for determining which is established by regulatory enactments providing for mandatory periodic medical examinations for this category of employees. Moreover, such an act can be not only the Labor Code of the Russian Federation itself or another federal law, but also any by-law normative act containing labor law norms.

Moreover, Art. 34 of the Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological well-being of the population” states that, if necessary, based on the proposals of the sanitary and epidemiological surveillance authorities, decisions of regional authorities state power or bodies local government in individual organizations (workshops, laboratories and other structural subdivisions) additional indications for medical examinations of employees may be introduced.

The employer must be aware of all such requirements established by state and municipal regulations, since Art. 212 of the Labor Code of the Russian Federation prohibits the admission of employees to perform job duties without passing mandatory, that is, provided by state authorities or local self-government, medical examinations. An employee who has not passed the appropriate medical examination and has started work, the employer, in accordance with Art. 76 of the Labor Code of the Russian Federation should be suspended from work.

During the period of non-admission to work and suspension from it wage the employee is not charged. But if the employee did not pass the mandatory medical examination through no fault of his own, he is paid for the entire time of suspension from work as for downtime.

Article 214 of the Labor Code of the Russian Federation determines that the passage of mandatory preliminary and periodic medical examinations is the duty of an employee. However, in Art. 219 of the Labor Code of the Russian Federation says that passing an extraordinary medical examination in accordance with medical recommendations is already the right of an employee, which he can exercise at his own discretion. Ensuring both mandatory and extraordinary medical examinations, as well as maintaining the employee's place and average earnings for the duration of such medical examinations, is the responsibility of the employer.

For violation of labor legislation and labor protection in Art. 5.27 of the Code of Administrative Offenses for the employer, administrative liability is established in the form of a fine for officials- from 1000 to 5000 rubles, legal - from 30,000 to 50,000 rubles. However, instead of paying a fine against legal entities administrative suspension of their activities for up to 90 days is possible.

Mandatory medical examinations

Article 69 of the Labor Code of the Russian Federation establishes the obligation of the employer to conduct a medical examination of underage workers when concluding an employment contract. A similar obligation applies to other employees in cases provided for by the Labor Code of the Russian Federation and other federal laws.

Article 213 of the Labor Code of the Russian Federation states that workers engaged in heavy work and work with harmful working conditions undergo mandatory preliminary and periodic (for persons under the age of 21 - annual) medical examinations. Works in the course of which mandatory preliminary and periodic medical examinations are carried out, and the procedure for conducting such examinations are determined by regulatory legal acts in the manner established by the authorized Government of the Russian Federation federal body executive power.

For most professions, the rules for conducting mandatory medical examinations are approved by order of the Ministry of Health and Social Development of Russia dated August 16, 2004 No. 83. According to sub. 3.3 of these rules, the frequency of periodic medical examinations is determined by the territorial authorities Federal Service on supervision in the field of consumer protection and human well-being, together with the employer, based on the specific sanitary-hygienic and epidemiological situation. At the same time, periodic medical examinations should be carried out at least once every two years.

For individual professions e.g. for workers road transport, steeplejacks, the procedure for passing medical examinations is approved by special regulations. And for employees of departmental security, the Federal Law of April 14, 1999 No. 77-FZ “On Departmental Security” establishes an annual frequency of mandatory medical examinations.

Additional medical examination

Despite the similarity of the procedures carried out during the mandatory medical examination and additional medical examination, legal regulation these two types of medical measures are different.

Additional medical examination is characterized in the order of the Ministry of Health and Social Development of Russia dated February 4, 2010 No. 55n “On the procedure for conducting additional medical examination of working citizens” (hereinafter - order No. 55n) as carried out by municipal and state systems health care, functioning in the compulsory medical insurance system, medical examinations aimed at early detection and prevention of diseases, including socially significant ones. Unlike mandatory medical examinations, employees of all professions can participate in medical examinations. In addition, participation in medical examinations is a right for an employee, not an obligation.

The legislation also does not provide for the responsibility of the employer for the failure of his employees to undergo additional medical examinations. In a letter dated 07.10.2008 No. 7694-VS “On additional medical examinations”, the Ministry of Health and Social Development of Russia does not classify medical examinations as mandatory medical examinations, which means that all the above requirements related to the provision of mandatory medical examinations do not apply to the participation of the employer in medical examinations.

Thus, ensuring that employees undergo medical examinations in work time, as well as the preservation of their place and average earnings for the duration of the medical examination, according to general rule is a right, not an obligation, of the employer. This right becomes an obligation only in the case of passing the medical examination provided for in Art. 254 of the Labor Code of the Russian Federation, by pregnant women in accordance with the regulation approved by the order of the Ministry of Health and Social Development of Russia dated March 30, 2006 No. 224.

Additional medical examination in 2010 is carried out in accordance with Order No. 55n. In 2010, working citizens who did not undergo it in previous years, as well as citizens employed in work with harmful working conditions, are subject to additional medical examination, regardless of the timing of previous in-depth medical examinations. In accordance with the Decrees of the Government of the Russian Federation of December 30, 2006 No. 860 and of December 24, 2007 No. 921, citizens who underwent additional medical examinations in 2007, 2008 or 2009 are not subject to additional additional medical examinations in 2010.

Order No. 55n recommends that regional executive authorities carry out work on organizing additional medical examinations together with territorial compulsory medical insurance funds. Employers are not obligated to participate in providing medical examinations by this order.

In accordance with Decree of the Government of the Russian Federation of December 31, 2009 No. 1146 “On the procedure for providing in 2010 from the budget of the Federal Compulsory Medical Insurance Fund subsidies to the budgets of territorial compulsory medical insurance funds for additional medical examinations of working citizens”, additional medical examinations are carried out not at the expense of the employer, but at the expense of the budget of the Federal Compulsory Medical Insurance Fund.

tax accounting

The employer has the right to take into account the costs of mandatory medical examinations when calculating income tax. These costs are recognized as part of the costs of ensuring normal working conditions and safety measures provided for by law, on the basis of subpara. 7 p. 1 art. 264 of the Tax Code of the Russian Federation, which is directly indicated in the letters of the Ministry of Finance of Russia dated 07.11.2005 No. 03-03-04/1/340 and dated 07.08.2007 No. 03-03-06/1/543. At the same time, it must be remembered that the employer's expenses for mandatory medical examinations must comply with the requirements of paragraph 1 of Art. 252 of the Tax Code of the Russian Federation. That is, they must be justified, documented and related to the implementation of activities aimed at generating income.

When calculating income tax, expenses for both periodic and preliminary medical examinations are taken into account. This is stated in the letter of the Ministry of Finance of Russia dated 06.10.2009 No. 03-03-06 / 1/648. It notes that the costs of preliminary medical examinations of persons who, as a result of the examination or for other reasons, were not hired, are also taken into account for income tax purposes.

The employer includes the average earnings accrued to the employee during the mandatory medical examination in the cost of wages in accordance with paragraph 7 of Art. 255 of the Tax Code of the Russian Federation. From these amounts of average earnings, the employee pays personal income tax in the general manner, and the employer pays insurance premiums provided for by Federal Law No. 212-FZ of 24.07. Pension Fund Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and territorial compulsory medical insurance funds.

At the same time, neither personal income tax nor insurance premiums are paid from the amounts of expenses incurred by the employer to pay for the cost of mandatory medical examinations. This is indicated by the Ministry of Finance of Russia in a letter dated November 21, 2008 No. 03-03-06 / 4/84.

Mandatory medical examinations provided for by law

Employees engaged in work with harmful and (or) hazardous conditions labor (including in underground work), as well as in work related to the movement of transport, undergo mandatory preliminary (upon employment) and periodic (for persons under the age of 21 - annual) medical examinations to determine the suitability of these workers for performance of assigned work and warnings occupational diseases. In accordance with medical recommendations, these employees undergo extraordinary medical examinations.

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

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

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

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

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

Employees engaged in certain types of activities, including those 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, undergo a mandatory psychiatric examination at least once every five years in the manner established by the authorized The Government of the Russian Federation is a federal executive body.

The medical examinations and psychiatric examinations provided for by this Article shall be carried out at the expense of the employer.

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

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

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

If an employee evades medical examinations or fails to comply with the recommendations based on the results of the examinations, the employer must not allow the employee to perform his job duties.

2. Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 N 83 approved. 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). The procedure for applying the said Order is stated in the letter of Rospotrebnadzor dated January 13, 2005 N 0100 / 63-05-32.

Preliminary medical examinations (examinations) upon admission to work are carried out in order to determine the compliance of the state of health of the employee (examined) with the work assigned to him.

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

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

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

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

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

Periodic medical examinations (examinations) of employees may be carried out ahead of schedule in accordance with a medical report or according to the conclusion of the territorial bodies of Rospotrebnadzor with mandatory justification in the direction of the reason for the early (extraordinary) examination (examination).

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

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

The employer determines the contingents and draws up a list of persons subject to periodic medical examinations (examinations), indicating sites, workshops, industries, hazardous work and harmful and (or) hazardous production factors that affect employees, and, after agreement with the territorial bodies of Rospotrebnadzor, sends him for 2 months. before the start of the examination at a medical organization with which an agreement has been concluded for periodic medical examinations (examinations).

The medical organization, on the basis of the list of names of employees subject to periodic medical examinations (examinations) received from the employer, approves, together with the employer, the calendar plan for conducting medical examinations (examinations).

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

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

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

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

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

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

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

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

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

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

3. Workers (examined), who are contraindicated to work with harmful and dangerous substances, are given the conclusion of the clinical expert commission (CEC) in their hands, and a copy is sent within 3 days to the employer who issued the referral.

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

4. Decree of the Government of the Russian Federation of September 23, 2002 N 695 approved. Rules for passing 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 those working in conditions of increased danger.

5. In accordance with the commented article, employees engaged in heavy work and work with harmful and (or) dangerous working conditions, as well as in work related to traffic, undergo mandatory medical examinations (examinations).

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

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

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

New edition Art. 213 of the Labor Code of the Russian Federation

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

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

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

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

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

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

Employees engaged in certain types of activities, including those 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, undergo a mandatory psychiatric examination at least once every five years in the manner established by the authorized The Government of the Russian Federation is a federal executive body.

The medical examinations and psychiatric examinations provided for by this Article shall be carried out at the expense of the employer.

Commentary on Article 213 of the Labor Code of the Russian Federation

As we have already said, the employer, in cases provided for by labor legislation and other regulatory legal acts, is obliged to organize mandatory preliminary (when applying for a job), periodic (during employment) and extraordinary medical examinations.

Article 213 of the Labor Code of the Russian Federation defines such cases. First of all, we are talking about people who work hard and work with harmful and (or) dangerous working conditions (including underground work). Recall that the list of harmful and dangerous factors and work, during the performance of which medical examinations are carried out, approved by the Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 N 83.

Also, medical examinations must be carried out by employees associated with the movement of transport, they undergo mandatory preliminary (upon employment) and periodic (for persons under the age of 21 - annual) medical examinations (examinations) to determine the suitability of these employees to perform assigned work and prevent professional diseases. In accordance with medical recommendations, these employees undergo extraordinary medical examinations (examinations).

We add that a conclusion on the state of health will also be needed when applying for a job in a trade and public catering organization, food industry enterprises, children's and health institutions. This is stated in the commented article 213 of the Labor Code.

It turns out that before concluding an employment contract, the applicant must check his health. And at the expense of the future employer. If the applicant himself pays for the medical examination, the organization is in any case obliged to reimburse him for these costs. For her, this obligation is established in the same article 213 of the Labor Code of the Russian Federation. With a positive medical report, an employment contract is concluded with the employee.

When necessary, by decision of local governments, individual employers may introduce additional conditions and indications for mandatory medical examinations (examinations).

Medical examination is carried out by a medical organization licensed for the specified type of activity. But if an employee is employed in hazardous work or in work with harmful and (or) dangerous production factors for five or more years, examinations are carried out in occupational pathology centers and other medical organizations licensed for examination professional suitability and examination of the connection of the disease with the profession, once every five years.

Among other things, this article determines that employees engaged in certain types of activities, including those 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, undergo a mandatory psychiatric examination. The rules for such an examination were approved by Decree of the Government of the Russian Federation of September 23, 2002 N 695.

List of medical psychiatric contraindications for exercise certain types professional activity and activities associated with a source of increased danger, is given in Decree of the Government of the Russian Federation of April 28, 1993 N 377. For example, people suffering from chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations, epilepsy with paroxysmal disorders, cannot work with chemicals and radioactive substances. Expressed forms of borderline mental disorders are considered in each case individually.

Another commentary on Art. 213 of the Labor Code of the Russian Federation

1. There are mandatory preliminary and periodic medical examinations. The purpose of the former is to determine the state of health of the worker assigned to work (see to it).

The purpose of the latter is to dynamically monitor the state of health of an employee in a harmful environment, prevent and timely establish the initial signs of occupational diseases that prevent the continuation of work with harmful, dangerous substances, as well as the prevention of accidents.

2. The frequency of medical examinations is determined by the lists of harmful, hazardous substances and production factors, with the exception of employees under the age of 21 who undergo medical examinations annually.

Medical examinations are carried out at the expense of the employer. If an employee avoids a medical examination or fails to comply with the recommendations of medical examinations, the employer must not allow him to work.

3. Harmful and (or) hazardous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the procedure for their conduct is determined by the Ministry of Health and Social Development of Russia (Order of August 16, 2004 N 83 ( Russian newspaper. 2004. 16 Sept.)).

4. For employees engaged in hazardous work and work with harmful and (or) production factors for five years or more, periodic medical examinations (examinations) are carried out in occupational pathology centers and other medical organizations licensed to examine the relationship of the disease with the profession one once every five years.

The employer will determine the contingents and draw up a list of names of persons subject to periodic medical examinations (examinations), indicating sites, workshops, industries, hazardous work and harmful and (or) hazardous production factors affecting employees, and after agreement with the territorial bodies of the Federal Service for supervision in the field of consumer rights protection and human well-being send him two months before the start of the examination to a medical organization with which an agreement has been concluded for periodic medical examinations (examinations). The medical organization, on the basis of the list of names of employees received from the employer, jointly approves the calendar plan for conducting medical examinations (examinations).

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

The conclusion of the medical commission and the results of the medical examination (examination), as well as an extract from the outpatient card, are entered into the card of preliminary and periodic medical examinations (examinations). The employee is informed about the results of the inspection (survey). In the case of individual admission, data on the mandatory use of a prosthesis, hearing aid, glasses, etc. are entered in the conclusion. expertise.

Labor Code, N 197-FZ | Art. 213 of the Labor Code of the Russian Federation

Article 213 of the Labor Code of the Russian Federation. Medical examinations of certain categories of employees (current version)

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

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

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

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

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

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

Employees engaged in certain types of activities, including those 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, undergo a mandatory psychiatric examination at least once every five years in the manner established by the authorized The Government of the Russian Federation is a federal executive body.

The medical examinations and psychiatric examinations provided for by this Article shall be carried out at the expense of the employer.

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Commentary on Art. 213 of the Labor Code of the Russian Federation

1. To determine the suitability of employees for the performance of assigned work and to prevent occupational diseases, certain categories of employees must undergo mandatory medical examinations. These primarily include workers employed in jobs with harmful and (or) dangerous working conditions (including underground jobs), as well as in jobs related to traffic. They undergo mandatory preliminary (when they start working) and periodic (for persons under the age of 21, annual) medical examinations. In accordance with medical recommendations, these employees undergo extraordinary medical examinations.

In connection with the adoption of the Law on the Special Assessment of Working Conditions, Federal Law No. 421-FZ of December 28, 2013, from part 1 of the commented article excluded the indication of such a category of workers as workers engaged in heavy work, since these workers belong to the category of workers employed at work with harmful and (or) dangerous working conditions, for which Part 1 of Art. 213 provides for mandatory preliminary and periodic medical examinations. As seen from Part 2 of Art. 13 of the Law on the Special Assessment of Working Conditions, the severity of the labor process is one of the factors of the labor process taken into account when classifying working conditions as harmful and (or) dangerous.

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

So, for example, mandatory preliminary upon admission to work and periodic medical examinations are carried out by employees engaged in work related to the manufacture and circulation of food products, the provision of services in the field of retail food products, materials and products and public catering and in the course of which employees have direct contact with food products, materials and products (Article 23 of the Federal Law of 02.01.2000 N 29-FZ "On the Quality and Safety of Food Products"). Employees involved in the processes of production, storage, transportation, sale and disposal of milk and its products are required to undergo preliminary medical examinations (examinations) upon admission to work and periodic medical examinations (examinations) (Article 22 of the Federal Law of 12.06.2008 N 88-FZ "Technical regulations for milk and dairy products"). Preliminary (upon employment) and periodic medical examinations must be carried out by personnel involved in the production of edible fat and oil products (Article 16 of the Federal Law of June 24, 2008 N 90-FZ "Technical Regulations for Fat and Oil Products"). Pedagogical workers are required to undergo, in accordance with labor legislation, preliminary medical examinations upon admission to work and periodic medical examinations, as well as extraordinary medical examinations at the direction of the employer (clause 9, part 1, article 48 of the Law on Education).

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

So, for example, for the personnel of facilities for the storage and destruction of chemical weapons, in addition to preliminary (when they start work) and periodic medical examinations, medical examinations are provided before and after the work shift (Article 14 of the Law on the destruction of chemical weapons). The procedure for conducting preliminary and periodic medical examinations of workers engaged in the destruction of chemical weapons is approved by Order of the Ministry of Health of Russia dated March 21, 2000 N 101.

In order to ensure the safety of work at electric power facilities, employees directly involved in work related to the maintenance of these facilities undergo mandatory periodic medical examinations, as well as, at the request of employers, pre-shift medical examinations to establish the fact of the use of alcohol, narcotic drugs or psychotropic substances. 3 article 28 of the Federal Law of March 26, 2003 N 35-FZ "On the electric power industry"). The procedure for conducting medical examinations (surveys) of employees directly involved in work related to the maintenance of electric power facilities is approved by Order of the Ministry of Energy of Russia dated August 31, 2011 N 390.

4. The federal executive body authorized by the Government of the Russian Federation, to which part 4 of the commented article is charged with the duty to determine harmful and (or) dangerous production factors and work, during which mandatory and periodic medical examinations are carried out, the procedure for conducting such examinations, is the Ministry of Labor of Russia ( clause 5.2.101 of the Regulations on the Ministry of Labor and Social Protection of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 19, 2012 N 610).

Judicial practice under Article 213 of the Labor Code of the Russian Federation:

• Decision of the Supreme Court: Decision N AKPI16-1323, Judicial Collegium for Civil Cases, first instance

  According to the interrelated provisions of the first and second parts of Article 213 of the Labor Code of the Russian Federation, employees of medical organizations undergo mandatory preliminary (upon employment) and periodic medical examinations in order to protect public health, prevent the occurrence and spread of diseases ...

• Decision of the Supreme Court: Decision N AKPI16-290, Judicial Collegium for Civil Cases, first instance

  Part four of Article 213 of the Labor Code of the Russian Federation provides that harmful and (or) dangerous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations are carried out, the procedure for conducting such examinations are determined by the federal executive body authorized by the Government of the Russian Federation ...

• Decision of the Supreme Court: Decision N AKPI14-1606, Judicial Collegium for Civil Cases, first instance

  The applicants' argument that the challenged provisions contradict Article 213 of the Labor Code of the Russian Federation is untenable...

Medical examinations of certain categories of workers

1. To determine the suitability of employees for the performance of assigned work and to prevent occupational diseases, certain categories of employees must undergo mandatory medical examinations. These primarily include workers employed in jobs with harmful and (or) dangerous working conditions (including underground jobs), as well as in jobs related to traffic. They undergo mandatory preliminary (when they start working) and periodic (for persons under the age of 21, annual) medical examinations. In accordance with medical recommendations, these employees undergo extraordinary medical examinations.

In connection with the adoption of the Law on the Special Assessment of Working Conditions, Federal Law No. 421-FZ of December 28, 2013, from part 1 of the commented article excluded the indication of such a category of workers as workers engaged in heavy work, since these workers belong to the category of workers employed at work with harmful and (or) dangerous working conditions, for which Part 1 of Art. 213 provides for mandatory preliminary and periodic medical examinations. As seen from Part 2 of Art. 13 of the Law on the Special Assessment of Working Conditions, the severity of the labor process is one of the factors of the labor process taken into account when classifying working conditions as harmful and (or) dangerous.

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

So, for example, mandatory pre-employment and periodic medical examinations are carried out by employees engaged in work related to the manufacture and circulation of food products, the provision of services in the retail trade of food products, materials and products and the public catering sector and in the performance of which direct contacts of employees with food products, materials and products are carried out (Article 23 of the Federal Law of 02.01.2000 N 29-FZ "On the Quality and Safety of Food Products"). Employees involved in the processes of production, storage, transportation, sale and disposal of milk and its products are required to undergo preliminary medical examinations (examinations) upon admission to work and periodic medical examinations (examinations) (Article 22 of the Federal Law of 12.06.2008 N 88-FZ "Technical regulations for milk and dairy products"). Preliminary (upon employment) and periodic medical examinations must be carried out by personnel involved in the production of edible fat and oil products (Article 16 of the Federal Law of June 24, 2008 N 90-FZ "Technical Regulations for Fat and Oil Products"). Pedagogical workers are required to undergo, in accordance with labor legislation, preliminary medical examinations upon admission to work and periodic medical examinations, as well as extraordinary medical examinations at the direction of the employer (clause 9, part 1, article 48 of the Law on Education).

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

So, for example, for the personnel of facilities for the storage and destruction of chemical weapons, in addition to preliminary (when they start work) and periodic medical examinations, medical examinations are provided before and after the work shift (Article 14 of the Law on the destruction of chemical weapons). The procedure for conducting preliminary and periodic medical examinations of workers engaged in the destruction of chemical weapons is approved by Order of the Ministry of Health of Russia dated March 21, 2000 N 101.

In order to ensure the safety of work at electric power facilities, employees directly involved in work related to the maintenance of these facilities undergo mandatory periodic medical examinations, as well as, at the request of employers, pre-shift medical examinations to establish the fact of the use of alcohol, narcotic drugs or psychotropic substances. 3 article 28 of the Federal Law of March 26, 2003 N 35-FZ "On the electric power industry"). The procedure for conducting medical examinations (surveys) of employees directly involved in work related to the maintenance of electric power facilities is approved by Order of the Ministry of Energy of Russia dated August 31, 2011 N 390.

4. The federal executive body authorized by the Government of the Russian Federation, to which part 4 of the commented article is charged with the duty to determine harmful and (or) dangerous production factors and work, during which mandatory and periodic medical examinations are carried out, the procedure for conducting such examinations, is the Ministry of Labor of Russia ( clause 5.2.101 of the Regulations on the Ministry of Labor and Social Protection of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 19, 2012 N 610).

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

For an organization in cases established by law of the Russian Federation, mandatory preliminary (when applying for a job) and periodic (during employment) medical examinations of employees The law on a special assessment of working conditions provides for the application of the results of special evaluation working conditions (art. 7).

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

Among the works in the course of which preliminary and periodic medical examinations are carried out, work is carried out at height, steeplejack work, work on the maintenance of lifting structures, work related to the use of flammable and explosive materials, work in explosive and fire hazardous industries, underground work, work for driving vehicles, etc. At the same time, the professions and positions of persons performing said works are not provided. Preliminary and periodic examinations are carried out by medical organizations of any form of ownership that have the right to conduct preliminary and periodic examinations, to examine professional suitability in accordance with the current regulatory legal acts, with which employers have concluded contracts for conducting preliminary and (or) periodic examinations of employees.

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

For employees to undergo periodic medical examinations, the employer determines the contingents and draws up a list of persons subject to periodic medical examinations, indicating harmful and (or) dangerous production factors, as well as the type of work in accordance with the List of Factors and the List of Works. The list of the contingent, developed and approved by the employer, is sent within 10 days to the territorial body of the federal executive body authorized to exercise federal state sanitary and epidemiological supervision at the actual location of the employer. Name lists no later than two months before the start date of the periodic examination agreed with the medical organization are sent by the employer to the specified medical organization.

The medical organization, within 10 days from the date of receipt of the list of names from the employer (but not later than 14 days before the start date of the periodic inspection agreed with the employer), on the basis of the specified list of names, draws up a calendar plan for conducting a periodic inspection, which is agreed with the employer (his representative) and is approved by the head of the medical organization.

The employer is obliged to familiarize employees subject to periodic inspection with calendar plan no later than 10 days before the start date of the periodic examination agreed with the medical organization, as well as before the periodic examination, give the referral to the person sent for the periodic medical examination.

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

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

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

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

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

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

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

The institutions that carry out medical and social expertise are the Federal Bureau of Medical and Social Expertise, the main bureaus of medical and social expertise in the relevant subject of the Russian Federation, the main bureau that carries out medical and social expertise of employees of organizations in certain industries with especially dangerous working conditions and the population of certain territories having branches - bureaus of medical and social expertise in cities and regions (clause 7 of the Administrative Regulations for the provision of public services for conducting medical and social expertise, approved by Order of the Ministry of Health and Social Development of Russia dated April 11, 2011 N 295n). The procedure for the organization and activities of federal state institutions of medical and social expertise was approved by Order of the Ministry of Labor of Russia dated October 11, 2012 N 310n.

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

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

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

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

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

About preliminary medical examinations persons entering a job directly related to the movement of vehicles, see comments. to Art. 328.

Passage of medical examinations and psycho-physiological examinations is obligatory for employees of nuclear facilities. In accordance with Art. 27 of the Law 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 authorities state regulation security. One of mandatory conditions obtaining these permits is the lack of medical, incl. psychophysiological, contraindications. The lists of medical contraindications and positions to which these contraindications apply, as well as the requirements for medical examinations and psychophysiological examinations of employees of nuclear facilities are approved by Decree of the Government of the Russian Federation of 01.03.1997 N 233.

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

The Law on the Prevention of the Spread of HIV Infection for employees of certain professions, industries, enterprises, institutions and organizations, the list of which is approved by the federal executive body authorized by the Government of the Russian Federation, provides for the passage of a mandatory medical examination to detect HIV infection when conducting mandatory preliminary examinations upon admission to work and periodic medical examinations (art. 9). The list of employees of certain professions, industries, enterprises, institutions and organizations that undergo a mandatory medical examination to detect HIV infection during mandatory pre-employment and periodic medical examinations is approved by Decree of the Government of the Russian Federation of 09/04/1995 N 877.

6. Employees engaged in certain types of activities, incl. 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, undergo a mandatory psychiatric examination. Such an examination of employees is carried out in order to determine their suitability for mental health reasons to carry out certain types of activities, as well as to work in conditions of increased danger, on a voluntary basis, taking into account the standards established by the Law of the Russian Federation of 02.07.1992 N 3185-1 "On Psychiatric Care and guarantees of the rights of citizens in its provision" (Art. 4, 6).

Rules for passing a mandatory psychiatric examination by employees engaged in certain types of activities, incl. 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, are approved by Decree of the Government of the Russian Federation of September 23, 2002 N 695. In this case, the Decree of the Council of Ministers - Government of the Russian Federation of April 28 is applied. 1993 N 377 List of medical psychiatric contraindications for the implementation of certain types of professional activities and activities associated with sources of increased danger (except for paragraph 5 of the notes to the List).

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

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

During the examination, the employee may receive clarifications on issues related to his examination.

The commission decides on the suitability (unfitness) of the employee to perform the type of activity (work in conditions of increased danger) indicated in the referral for examination, which is issued in writing to the employee against signature within three days after its acceptance. Within the same period, a message is sent to the employer about the date the decision was made by the commission and the date it was issued to the employee.

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

7. The medical examinations and psychiatric examinations provided for by the commented article are carried out at the expense of the employer. In addition, in accordance with sub. 5 p. 1 art. 7 of the Federal Law of 02.12.2013 N 322-FZ "On the budget of the social insurance fund of the Russian Federation for 2014 and for the planned period of 2015 and 2016" insurance against accidents at work and occupational diseases accrued for the previous calendar year, less expenses incurred in the previous calendar year for financial support of preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium treatment of workers employed in work with harmful and (or) dangerous production factors.

Preventive measures to reduce occupational injuries and occupational diseases of workers may include mandatory periodic medical examinations of workers employed in work with harmful and (or) hazardous production factors (see, for example, subparagraph "e" of paragraph 3 of the Rules of Financial ensuring preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium treatment of workers employed in work with harmful and (or) dangerous production factors, approved by Order of the Ministry of Labor of Russia dated 10.12.2012 N 580n).

8. Passing mandatory preliminary (when entering a job) and periodic (during employment) medical examinations, other mandatory medical examinations, as well as extraordinary medical examinations at the direction of the employer in cases provided for by the Code and other federal laws, is the duty of the employee. Non-performance by an employee without good reason the obligation to periodically undergo a medical examination can be considered a violation labor discipline and subject to disciplinary action.

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