Everything about pre-trip and post-trip medical examination of drivers - procedure

To protect all road users, the law sets strict requirements for the driver’s condition: you can drive a vehicle only if he is sober, healthy and alert. The employer is also responsible for this. He is obliged to organize a well-being check of his employees.

The procedure is established by Order of the Ministry of Health of the Russian Federation dated December 15, 2014 No. 835n “On approval of the Procedure for conducting pre-shift, pre-trip and post-shift, post-trip medical examinations.”

In this article we will tell you:

• Why undergo a pre-trip medical examination?
• For whom is it required?
• Where does the medical examination take place and who conducts it?
• What are drivers tested for?
• How to fill out a medical examination log correctly
• Is it mandatory for drivers to undergo an additional medical examination after a flight?
• Is it possible to undergo a pre-trip medical examination remotely?
• What responsibility does an entrepreneur bear for violations?
• How to pay a fine with a discount

Who conducts the pre-trip medical examination?

A medical institution (hospital, private medical center) or a medical professional with a special license. Some companies obtain a license and organize inspections themselves.

To obtain a license, you need to collect a complete package of documents, open a medical office and hire a medical professional - a doctor or a medical worker with secondary education who has completed a training program.

Obtaining a license is not easy, so companies usually turn to companies that help collect documents and obtain permission. But the license gives the right to provide services to other companies and is valid for an indefinite period.

If you don’t want to hire a doctor and obtain a license, the company turns to a third-party agency. Small firms usually do just that.

Fines for legal entities

Check

How can an employer organize a medical examination?

There are three forms of organizing a pre-trip medical examination:

• Involvement of a third-party medical institution. The institution must have a license to conduct medical examinations. The employer enters into a corresponding agreement with the organization.
• Applying to a doctor's company. The doctor must have the appropriate certificate. An appropriate employment contract is concluded with the specialist.
• Obtaining a license by the enterprise itself. Obtaining a license only makes sense if it is a large company whose employees must undergo regular medical examinations. In this case, the employer will have to organize a medical office and be responsible for its maintenance. If a company has received a license, it can provide pre-trip inspection services to other companies.

Which form is better to choose? It all depends on the size of the company. Contacting a third party company is the most popular form. If an organization has more than 15 drivers on the road, it makes sense to hire a medical worker on staff.

FOR YOUR INFORMATION! Obtaining a license for an enterprise is an extremely expensive process. It involves receiving many documents. All this takes time, and therefore during the registration process you will still have to contact third-party organizations.

How is the pre-trip medical examination carried out?

During the medical examination they check:

1. Driver's well-being. The doctor measures basic indicators: blood pressure, pulse, temperature. If the pulse and blood pressure are not normal, these indicators can be measured again after 20 minutes.
2. Sobriety. The presence of ppm is checked with a breathalyzer.

If the driver has any complaints, vital signs are not normal, or the disease has worsened, he is suspended from work that day. The health worker issues a referral for additional examination to the hospital.

If the breathalyzer detects ppm, or there is a suspicion that the driver has taken drugs, the health worker prohibits going to work.

By law, the inspection is included in working hours. If the employee completes it in his free time, he is paid overtime. The employer also pays for the examination itself.

Purpose of pre-trip inspection

The practice of undergoing medical examinations has been known since the times of the Soviet Union. Now, as then, medical examination of drivers before departure is carried out for the following purposes:

• make sure that the driver can enter the route;
• check the absence of diseases that may interfere with driving;
• identify those drivers who, for medical reasons, are prohibited from driving any vehicle;
• prevention and prevention of possible diseases in the future.

Do not confuse concepts such as pre-trip and post-trip medical examination. If the first is always mandatory for the driver, the second is carried out in most cases at the discretion of the employer. This is indicated in a letter from the Ministry of Health of the Russian Federation dated August 21, 2003.

The main objective of pre-trip inspections is to maximize road safety during commercial (i.e., profit-making) transportation of passengers and cargo. In fact, commercial transportation is carried out by:

• truck drivers;
• drivers of buses and other public transport;
• taxi drivers;
• drivers of small commercial vehicles who transport cargo (couriers or food distributors);
• drivers of special and warehouse equipment.

Pre-trip medical examination log

After the check, the medical worker fills out a pre-trip medical examination log and puts a mark on the waybill confirming that the driver is allowed to drive a car.

The stamp must indicate the time of inspection so that there is no doubt that it is current.

The head of the company is responsible for the journal: he monitors the regularity of entries and compliance with the form.

Fill in the log:

• time of inspection;
• personal data of the driver and information about his health;
• medical report;
• signatures of the health worker and the driver.

.

A waybill with an admission stamp is issued to the driver before each flight. This usually happens every day, or several times a day. But there are exceptions: for example, long business trips.

According to the law, a waybill can be issued for a period not exceeding a month. If a business trip lasts, say, 20 days, the driver is given a waybill in which all points of his route are marked. Then he must undergo a medical examination only once - before leaving. The results will be valid for the entire duration of the trip.

About medical examination logs

The obligation to enter information in special journals, which is fixed by the 14th paragraph of Order of the Ministry of Health No. 835n. Each driver is entered into a log, with a detailed description.

Such items cannot be completed without filling out the following content:

1. signature of the employee who passed the control;
2. signature of a medical worker with mandatory decoding;
3. the final part describing the results;
4. a detailed description of the examination results;
5. gender, date of birth of the patient;
6. FULL NAME;
7. date and time of the inspection.

It is also permitted to use paper media to fill out the journal. Order of the Ministry of Health No. 555 provides detailed information regarding the form that is recommended to be used. But a situation is also acceptable when managers themselves develop the document.

Expert opinion

Artemyev Dmitry

Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.

Ask a Question

Pages must be numbered and laced. On the back of the document, everything is sealed with the organization’s corporate seal. Companies are also allowed to keep an electronic log to save money. But then you need to make sure that the information is easy to print. Speaking about electronic types of information, assurances are carried out using electronic signatures, an enhanced qualified type. Drivers' signatures are not needed in the case of the electronic version.

Every month the journal is analyzed in order to summarize the results. The study focuses on the most common reasons for removal from duties. The results require recording, and information on them must be transmitted to the manager. Additional emphasis is placed on situations in which alcohol and drugs are involved.

Post-trip medical examination: is it necessary to undergo it?

Post-trip inspections are only required for drivers who transport passengers or dangerous goods during working hours. The requirements for them are more stringent: they are checked after each shift and flight.

The procedure for post-trip medical examinations is the same as for pre-trip ones. These inspections have two purposes:

1. Monitor employee health. Regular examinations help to notice in time the onset of an occupational disease or poisoning, and to track the impact of harmful factors on health.
2. Identify employees who use alcohol or psychoactive substances at work.

For other drivers, inspections are only recommended. For example, it is recommended to examine people at risk after a flight: the elderly, people with illnesses, and people who drink alcohol.

Check your organization's fines now

New in legislation

On December 21, 2021, Order of the Ministry of Transport of Russia dated August 8, 2018 N 296 came into force. Let’s consider the innovations of 2020. According to the new order, pre-trip control will need to be carried out before the start of the flight in the following cases:

• only one flight is performed per shift (working day);
• the duration of the flight exceeds the duration of the driver’s shift (working day).

Pre-shift control will need to be carried out before the start of the shift if the driver makes several trips per shift (working day).

Both types of control must be carried out before the vehicle leaves the parking lot. If several drivers work in shifts on the same vehicle, the time for control is before the start of the trip or shift (working day) of the one who leaves the parking lot first.

Drivers must undergo not only pre-trip, but also pre-shift, post-trip and post-shift examinations by a medical professional. At the same time, pre-trip medical examinations are mandatory for all employees driving. The exception is drivers of emergency vehicles (fire, ambulance, gas or water emergency). Such employees must necessarily see a doctor only before the start of their shift, because their departure for flights is unplanned. But after returning from a flight, a doctor must examine the driver who transported passengers or dangerous goods. All other drivers may not show up to the doctor after finishing work.

Remote pre-trip medical examinations

The medical examination takes up working time: the driver must get to the examination site, undergo an examination, obtain a permit, and only then can he leave for the trip. If there are several flights and they start at different points in the city, the driver is forced to return each time to the medical center with which the company cooperates. Therefore, some entrepreneurs organize remote inspections.

Remote inspections are carried out at points where special equipment is installed: a terminal for measuring body parameters, a camera, a breathalyzer. The inspection procedure is as follows:

1. The driver fills out his data in a special computer system.
2. The terminal, which is installed at the remote inspection point, measures the driver’s pressure, temperature and pulse.
3. The built-in breathalyzer checks for the presence of alcohol in the blood.

During this time, the examination is monitored via a webcam by a licensed healthcare professional. He makes sure that the driver does not violate anything during the inspection. If everything is in order, the medical worker issues a conclusion and allows the driver to board the flight. He confirms his decision with an electronic signature.

There are companies in Russia that sell equipment for remote inspections. Hypothetically, an entrepreneur can install several devices at the right points in the city and save drivers time. But the legality of this method is still in question.

Proponents that remote examinations are legal rely on Federal Law No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation.” Article 36.2 allows for the provision of medical care using telemedicine technologies. Typically, companies that sell equipment or organize remote inspections convince customers that everything is absolutely legal.

But court decisions and responses from regulatory authorities indicate that the Russian authorities do not consider remote medical examinations legal. For example, the Arbitration Court of the Sakhalin Region refused to invalidate a fine for violating the medical examination procedure. The court concluded that the regulations do not directly indicate that telemedicine can be used during pre-trip medical examinations.

And this is an explanation regarding the legality of remote inspections on the website of the prosecutor’s office of the Republic of Crimea. Roszdravnadzor believes that remote medical examinations pose a threat to traffic safety.

The laws do not directly prohibit the provision of telemedicine services during a pre-trip medical examination, nor do they permit remote examinations. But practice shows that the court almost always recognizes that remote inspection is a violation.

The matter may not come to punishment. Employees who check drivers sometimes get into a situation and turn a blind eye to the fact that the medical examination was carried out remotely. But according to the law, inspectors have every reason to fine the driver and entrepreneur a large sum. Therefore, allowing a driver to board a flight without a personal medical examination is a serious risk.

Requirements for the organization conducting medical examinations

One of the main requirements for medical institutions for 2021 is the availability of a license that allows them to engage in the appropriate type of inspection. Personnel are required to obtain access to inspections, as well as undergo specialized courses. In any case, specialists must have confirming diplomas and other similar documents. Otherwise, you will not be able to pass the inspection legally.

The premises themselves where inspections are carried out must consist of at least two rooms. In one they organize the inspections themselves, in the other they take biological samples. It was previously written whether inspection is mandatory for everyone.

Organization of pre-trip medical examinations of drivers - video:

From the list of necessary equipment, it is worth highlighting the following devices:

1. a room with equipment for collecting biological materials;
2. bags containing a full range of medications to provide emergency assistance;
3. medical spatulas, at least 10 pieces;
4. tables where equipment is stored;
5. breathalyzer, express tests for alcohol and drugs (there should be from 2 to 10 pieces in a constant supply);
6. a device that measures the amount of vapor in the air;
7. thermometers with devices that determine pressure;
8. desks, chairs, table lamps, wardrobes, coat hangers, floor mats, safes;
9. Medical couches, etc.

Expert opinion

Artemyev Dmitry

Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.

Ask a Question

If a manager chooses a service company, it is recommended to take a closer look at some of its indicators. These include the reputation of the medical center where they plan to undergo the procedure. Not the last issue is the price, which is also worth finding out in advance. And finally, it is necessary to provide for the location of the center so that it is convenient and close for drivers to get there.

Fines and liability for violations during pre-trip medical examinations

Penalties for lack of a medical examination are established by Article 12.31.1. Code of Administrative Offenses of the Russian Federation:

For drivers: 3,000 rubles

For officials: 5,000 rubles

For legal entities: 30,000 rubles

Fines for violating the established procedure for medical examinations are prescribed in Article 11.32 of the Code of Administrative Offenses of the Russian Federation:

For drivers: 1,000 - 1,500 rubles

For officials: 2,000 - 3,000 rubles

For legal entities: 30,000 - 50,000 rubles

If the company fails to conduct an inspection or violates the procedure for conducting it, and the driver gets into an accident with serious consequences, it may lead to criminal prosecution. This is regarded as a violation of labor protection requirements (Criminal Code of the Russian Federation, Article 143). In this case, the manager and the person responsible for conducting inspections may be assigned:

A fine of up to 400,000 rubles or in the amount of wages or other income for a period of up to 18 months.

Compulsory work for a period of 180 to 240 hours.

Correctional labor for up to 2 years.

Forced labor for up to 1 year or imprisonment for the same period with deprivation of the right to hold certain positions or engage in certain activities.

It is impossible to collect a fine from an employee for failing to undergo a medical examination - this decision was made by the Sverdlovsk Regional Court on November 27, 2019 in the case of recovery of damages from an employee No. 33-20128/2019.

Checking fines for legal entities. persons

Do you want to monitor fines, receive a daily report on new fines found and pay them?
Try for free

Legislation

There are several sources at the legislative level that control this issue:

1. order of the USSR Ministry of Health, No. 555 of 1989;
2. letter of the Ministry of Health of the Russian Federation No. 2510/9468-03-32, issued in 2003;
3. and in 2014 they issued the order of the Ministry of Health of the Russian Federation No. 835.

Expert opinion
Artemyev Dmitry

Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.

Ask a Question

Also, the facts related to medical examinations of drivers before trips are described in some norms in Article 23 of the “Traffic Law”. Moreover, these regulations partially regulate the same objects. But managers are recommended to carefully study the Order of the Ministry of Health, which is designated as No. 835.

In all of these documents they write that it is better for management to use special journals to record information regarding inspections. The recommended form for issuing an order is described in Order No. 555 of the USSR Ministry of Health. Legislation also helps with other issues.

Pre-trip medical examination - video:

For example, Order of the Ministry of Health No. 835n is a document that describes the rules of examinations for any moments, not only before setting off, but also:

• pre-shift;
• post-voyage;
• post-shift.

One way or another, you should carefully study each of the listed documents in order to avoid negative consequences.

Is it possible to pay a fine for violating the requirements for pre-trip medical examinations at a discount?

Can. A 50% discount applies within 20 days from the date of delivery of the resolution. You can check the presence of a fine by the license plate number of the car or by resolution.

Tracking fines can be difficult: they can be issued to both the organization and the driver. To avoid checking data manually, connect to the Online State Traffic Safety Inspectorate service for monitoring fines for legal entities. The service will collect all fines of the organization in your personal account. You can pay in one click and view your payment history at any time. And if a fine is imposed on the driver, the program will send him an SMS with a link to online payment.

according to article

Write to our lawyer and he will help you understand automobile legislation. We will consider controversial situations and tell you how to act according to the law.

Don't miss new useful publications

We will tell you about the intricacies of the legislation, help you understand it and tell you what to do in controversial situations.

Requirements for the pre-trip inspection room at the enterprise

If an employer decides to set up his own medical office at the enterprise, then he must comply with the following regulatory requirements:

• office area – at least 12 sq.m.;
• availability of equipment for conducting an initial examination - for example, a thermometer, tonometer, stethoscope and other instruments;
• availability of medical supplies for emergency medical care;
• Only professional doctors with appropriate medical knowledge should work in the office. education.

Cost of examinations

The cost of pre-trip and post-trip medical examinations of drivers depends on where they will be carried out. Of course, if at the enterprise itself, it will only cost a fixed salary rate for a doctor working for these purposes.

But, let’s consider the average prices for the provision of services by specialized institutions under an agreement with an enterprise. Let’s take an ordinary municipal medical institution as an example.

It is the employer, not the driver himself, who must pay for the procedure. Otherwise, the demands will be considered illegal, and the driver has every right not to pay for the organization’s services.

In what cases is permission to work prohibited and what are the consequences of this?

If, during the pre-trip medical examination, conditions and diseases were identified that interfere with work, for example, signs of intoxication or hangover, high blood pressure or temperature, such an employee must be issued a certificate to present to the clinic at the place of residence. Such an employee does not go on a flight. The certificate must indicate:

• its serial number;
• date (day, month, year) and time (hours, minutes) of the control;
• purpose of referral to the clinic;
• preliminary diagnosis;
• amount of assistance provided on site;
• signature of the medical professional who issued the certificate, with a transcript of the signature.

Such certificates are subject to mandatory registration. The employer, having received information about the driver’s inadmissibility as a result of a pre-trip medical examination, must remove him from work by virtue of Article 76 of the Labor Code of the Russian Federation. This is done by issuing an order in any form. The employee specified in the order must be familiarized with it against his signature. If you refuse to sign, a corresponding act is drawn up. Until the circumstances that caused the driver’s condition are established (if he is guilty), he will not be paid any wages.

The driver himself must come to the clinic and present a certificate. The doctor examines him, may issue a sick leave certificate and release him from work for the duration of his illness, or make a note that there are no grounds for issuing sick leave. In this case, the employee must start work the next day. If in reality there was no need for suspension, then the day that the employee misses due to a visit to the doctor is included in working hours, but is paid in the absence of sick leave as downtime in accordance with Art. Art. 157 Labor Code of the Russian Federation.

Paperwork

The first page of the standard provision looks like this:

In this document, the employer must regulate the organization of pre-trip medical examinations of its employees, in particular:

• indicate the content of medical examinations;
• determine the implementation of individual procedures as part of the medical examination;
• determine the conditions for the procedure;
• establish criteria for allowing drivers to work after passing a medical examination;
• determine the responsibilities of medical institutions with which an agreement has been concluded or establish the need to hire a full-time health worker.

IMPORTANT!

Note! Drivers are required to carry waybills with them. And according to paragraphs. 2 clause 7 of the Order of the Ministry of Transport of Russia dated September 18, 2008 N 152 (as amended on November 7, 2017) “On approval of mandatory details and the procedure for filling out waybills”, a mark on the date and exact time of pre-trip and post-trip inspections is a mandatory requisite of such a sheet.

Who has the right to conduct medical examinations?

Let us pay attention to paragraph 1.6 of the Regulations page shown above. It says that conducting medical examinations is the prerogative of medical workers. This follows from paragraph 8 of the Procedure, approved by Order No. 835n. So, you can only trust this procedure to:

• health workers with higher and (or) secondary vocational education (including employees on the employer’s staff);
• medical organization or other organization carrying out medical activities.

In addition, if we are talking about a full-time medical worker, then on the basis of Article 12 of Article 213 of the Labor Code of the Russian Federation.

Pre-trip technical inspection of vehicles

A technical inspection before the vehicle goes on shift is carried out daily. If the travel time exceeds one working day, the inspection is carried out only before departure.

There is a certain procedure for conducting pre-trip inspection of the technical condition of vehicles. When allowing a car or bus to leave for a shift, the mechanic conducts a visual inspection and assessment of the vehicle’s readiness for transportation. During a pre-trip inspection of a car, a mechanic checks, first of all, the main components and assemblies:

• steering;
• brake system;
• clutch;
• windscreen wipers;
• wheels and tires;
• lighting devices, sound signals;
• door, trunk, hood locks;
• battery charge, etc.

It is mandatory to check the presence of such important items in the motorist’s kit as:

• fire extinguisher;
• tow rope;
• jack;
• first aid kit;
• warning triangle.

Finally, the specialist must pay attention to ensuring that no changes are made to the design of the car, for example, such as the unauthorized installation of gas equipment.

Agreement for pre-trip technical inspection of a vehicle

If a specialized organization will be involved in the release of cars for a flight, an appropriate agreement for the provision of services for pre-trip technical control of the vehicle must be concluded between the parties (customer and contractor). The sample contract must include the following fields:

• data of the parties (names of companies, full names of managers);
• terms of service provision;
• place of inspection (it is important to take into account that before carrying out inspection of the technical condition, the car cannot leave the parking lot where it was left after finishing a shift or returning from a trip);
• cost of services and payment procedure;
• rights and obligations, as well as responsibilities of each party;
• the possibility of force majeure circumstances occurring;
• procedure for resolving disputes.

At the conclusion of the contract, the details of the customer and the contractor are indicated, the signatures of managers and seals of organizations are affixed.

An annex is drawn up to the agreement. It contains information about the vehicle, the pre-trip inspection of which will be carried out, as well as about the driver of this vehicle.