What is the procedure for organizing and conducting preliminary medical examinations of drivers?

Why are driver medical examinations needed?

The list of specialists that you need to go through to get a driver’s license for 5 years is limited. For admission to the professional field, an extensive medical examination of vehicle drivers is required.

Pre-trip inspection of drivers

The driver not only drives passenger vehicles; his professional responsibilities may include driving a forklift, truck, or bus. If, due to a sharp deterioration in health, the equipment is left without control, a large number of people, both inside the vehicle and on the street, are at risk.

Due to production factors, an employee’s health may deteriorate within a short period of time. Therefore, it is necessary to exclude exposure to harmful working conditions at the frequency established by the safety instructions.

I am a professional driver and undergo a medical examination for professional suitability every 2 years.

The authorities are right. Drivers of passenger cars can argue on this issue. They definitely have no harm. But again, the issue is controversial.

The work of a driver, in most cases, involves difficult and dangerous working conditions. The Labor Code of the Russian Federation also contains norms on mandatory periodic examinations.

MINISTRY OF HEALTH AND SOCIAL DEVELOPMENT

RUSSIAN FEDERATION

LETTER dated April 5, 2012 N 14-5/10/2-3374

The Ministry of Health and Social Development of the Russian Federation, together with the chief freelance psychiatrist of the Ministry of Health and Social Development of the Russian Federation, reviewed the appeal on the issues of conducting a psychiatric examination, examination for the presence of medical contraindications to driving a personal vehicle, examination for the presence of medical contraindications to owning a weapon and reports the following.

In accordance with the Procedure for conducting mandatory preliminary (upon entry to work) and periodic medical examinations (examinations) of workers engaged in heavy work and work with harmful and (or) dangerous working conditions, approved by the Order of the Ministry of Health and Social Development of the Russian Federation dated 12.04 .2011 N 302 n »On approval of the Lists of harmful and (or) dangerous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the Procedure for conducting mandatory preliminary (upon employment) and periodic medical examinations ( examinations) of workers engaged in heavy work and in work with harmful and (or) dangerous working conditions" (registered with the Ministry of Justice of Russia on October 21, 2011 N 22111) (hereinafter referred to as the Procedure), participation of a general practitioner, a psychiatrist and a psychiatrist - a narcologist, when undergoing a preliminary and periodic medical examination, is mandatory for all categories of those examined when entering a job related to the management of public transport, and directly for workers with hazardous working conditions.

Clause 38 of the Procedure determines the function of a psychiatrist and (or) a psychiatrist-narcologist: in the event that a psychiatrist and (or) a narcologist identifies persons with suspected medical contraindications corresponding to the profile of these specialists, for permission to work with harmful and (or) hazardous production factors, as well as work that requires preliminary and periodic medical examinations (examinations) of workers, these persons, in cases provided for by the legislation of the Russian Federation, are sent for examination by a medical commission authorized by the health authority.

According to Art. 65 of the Federal Law of November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”, a medical examination of a person is a set of methods of medical examination and medical research aimed at confirming a person’s state of health, which entails the onset of legally significant consequences .

The types of medical examination are: examination for intoxication (alcohol, drugs or other toxic); psychiatric examination; examination for medical contraindications to driving; examination for the presence of medical contraindications to gun ownership; other types of medical examination established by the legislation of the Russian Federation.

Psychiatric examination is carried out in accordance with the legislation of the Russian Federation on psychiatric care and guarantees of the rights of citizens during its provision.

In accordance with the List of medical psychiatric contraindications for the implementation of certain types of professional activities and activities associated with a source of increased danger, approved by Decree of the Government of the Russian Federation of April 28, 1993 N 377 “On the implementation of the Law of the Russian Federation” On psychiatric care and guarantees of the rights of citizens during its provision “, work related to the movement of transport, including category B cars, refers to types of professional activity in conditions of increased danger.

The frequency of psychiatric re-examination for this category of persons is at least once every five years. The necessary functional study is electroencephalography, additional studies are electrocardiography, experimental psychological research. The probability of detecting characteristic epileptiform brain activity in patients with various forms of epilepsy during a single electroencephalographic study is 60 - 65%. Considering the effectiveness of electroencephalographic research, it is necessary for all driver candidates and drivers, since it helps reduce accidents, injuries and mortality during the operation of personal cars and motor vehicles.

Issuing the results of a psychiatric examination (health report) without conducting the necessary and additional functional studies is a violation of the procedure for conducting a psychiatric examination.

V.I.SKVORTSOVA

05.04.2012

All the best.

Which drivers need medical examinations and how often?

Pre-trip technical inspection of vehicles

According to the law, drivers are subject to periodic examination related to:

  • transportation of passengers;
  • transportation of food products;
  • working at night;
  • contact with disinfectant solutions, medicines, household chemicals.

Important! Working drivers undergo a health check once every 2 years. If the employee is under 21 years old or has a chronic disease, then annually.

Types of medical examinations

Who can conduct a pre-trip medical examination of drivers?

Depending on the scope of the health check, the following types of examinations are distinguished:

  • pre-trip;
  • current;
  • post-voyage.

The first and last types are held every flight. How often drivers must undergo periodic medical examinations is established by law, the period is once every 2 years. After work, certain categories of drivers should also be examined by a specialist in order to prevent and make cases of drunkenness in the workplace less common.

Purpose of the event

For many car owners, both the first and periodic medical examinations of drivers seem like a pointless waste of nerves, money and time. But from the perspective of Russian legislation, this is a reasonably necessary procedure. It is during such a commission that it is possible to identify contraindications in a citizen that make driving a vehicle impossible for him.

These are health conditions in which driving a car is dangerous both for the person himself and for others and road users. It is medical examinations that make the situation on the roads several times safer.

Preliminary medical examination

Control of vehicle vehicles

Preliminary medical examination is an examination of the applicant to determine suitability for the job. Before the examination begins, the occupational safety department prescribes the harmful factors that the employee will encounter. This determines the list of doctors to go through.


Rules for conducting periodic medical examinations

Preliminary, as well as periodic medical examination of vehicle drivers, must be carried out with the conclusions of the following specialists:

  • therapist (with test results);
  • neurologist;
  • narcologist-psychiatrist;
  • for women – a gynecologist, after 40 years – a mammologist;
  • surgeon;
  • otorhinolaryngologist;
  • ophthalmologist;
  • dermatovenerologist;
  • according to indications - endocrinologist.

If a person undergoing a preliminary and periodic medical examination of drivers in an organization meets the proposed position in all respects, the employer enters into an employment contract with him.

Important! If occupational diseases or hazards associated with fulfilling labor obligations are detected, the applicant is not allowed to work.
At the same time, he retains the right to drive a passenger car if it is not related to work activities.

Sequence of organization of medical examinations

Step 1. Determine the contingent

Order No. 302n provides for the sequence of medical examination of workers who are employed:

  • in harmful and dangerous working conditions: chemical production, ionizing radiation, etc. The full list of factors is indicated in Appendix No. 1;
  • work at height, under water, underground, etc. The full list is given in Appendix No. 2.

In order not to look every time in the appendices to the order for the presence or absence of grounds for sending personnel for a preliminary or periodic examination, it is necessary to develop and approve a list of positions and professions for which employees are required to undergo an examination at a medical institution when applying for employment.

This list is called the “Staff of Workers” and is developed on the basis of the organization’s staffing table.

Since the form of the contingent is not legally approved, it is allowed to make it in the form of a regular list. Then it is approved by the management of the organization, which is obliged to draw up a cover letter to Rospotrebnadzor for medical examinations within ten days, attach an approved contingent to it and send it to the regulatory authority at the actual location of the employer.

“Employee contingent” is a mandatory document and contains:

  • List of positions and professions for which mandatory and periodic medical examinations are carried out during employment in accordance with current legislation (Appendix No. 2).
  • Harmful and dangerous production factors (Appendix No. 1). Necessary clarification: all harmful and dangerous production factors are identified based on the results of a special assessment of working conditions.

Step 2. We conclude an agreement with a medical organization

The law provides for the conclusion of a contract with a medical organization of the employer's choice. The main thing is that such a medical institution has the appropriate license. If there is no license, there are no medical examinations.

The employer is not required to enter into an agreement with a specific clinic every year. But if the cooperation pleases you and the management agrees to continue working with the previously chosen clinic, it is possible to first send a letter about concluding a contract for examinations or renewing it for the next year, and then sign a new contract.

Like a standard contract for the provision of services, a sample letter of application for concluding an agreement for a medical examination is often posted on the official websites of medical institutions. Usually this is a paper drawn up on official letterhead in free form, with approximately the following content:

Step 3. We send the staff for a medical examination

After the agreement on medical care is concluded, it is allowed to send people for examination.

The procedure for conducting mandatory preliminary and periodic medical examinations of workers according to Order No. 302n

We suggest you study the medical examination manual, which outlines step-by-step the procedure for sending personnel to a mandatory medical examination, depending on the situation.

When hiring

The algorithm is as follows:

1. Provide a job candidate with a referral. The referral is signed by a person authorized by the employer, indicating his surname, initials and position. In addition, issued directions are subject to recording in a special journal.

2. The candidate signs for the referral issued to him and is sent for examination. It is advisable to explain to the candidate what documents the employee must provide when undergoing a preliminary medical examination - a referral and a passport. If a citizen takes a job that requires a psychiatric examination, he will also have to present a certificate from a psychiatrist.

3. Upon completion of the preliminary examination, the employee will be given a conclusion signed by the chairman of the medical commission indicating his last name, initials and certified by the seal of the medical organization.

4. The candidate brings the conclusion to the HR department. It indicates whether contraindications for this work have been identified or not. If not identified, it is allowed to apply for a job. If identified, there is a reasoned refusal.

5. We will make an appropriate decision.

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Pre-trip and post-trip medical examination

Pre-trip control includes measuring blood pressure, pulse, temperature, and checking the driver for sobriety. Before starting a shift, a person contacts a medical institution with which a corresponding agreement has been concluded, or an employee of the organization designated for permission to work. Which clarifies the presence of complaints about well-being, paying attention to the reaction of the pupils to light, rate of speech, and the presence of foreign odors. If all indicators are normal, the person in charge puts a mark on the clearance on the waybill.

After finishing work, some freight forwarders also undergo a health check. This is a disciplinary factor to prevent alcohol consumption during a shift. On the other hand, people with chronic diseases need regular examinations in order to promptly prevent exacerbations. The inspection sequence is the same as before the shift.


Post-trip inspection stamp

How to equip a room for pre-trip medical examinations of drivers

To conduct a pre-trip inspection, you do not need sophisticated equipment. To obtain the right to carry out examinations, you need to allocate a room for work. It must meet the requirements:

  • height more than 2.6 m;
  • area more than 12 m2;
  • have combined lighting;
  • Windows must have protection against overheating;
  • all surfaces must be smooth, easily treated with disinfectants;
  • seams and joints of linoleum or other type of covering without protruding edges.

During the examination you will need medical equipment and products:

  • tonometer;
  • breathalyzer;
  • thermometer;
  • phonendoscope;
  • emergency stowage;
  • disposable spatulas;
  • rapid tests for alcohol and potent substances.

The office should have additional equipment:

  • table;
  • chair;
  • couch;
  • wardrobe for outerwear;
  • coat hanger;
  • rug;
  • safe;
  • room for studying biological material.

Important! The employee conducting the examination must have a medical education as a nurse or paramedic and complete an examination course.

Results of pre-trip and post-trip medical examinations of drivers

The employee conducting the survey must complete the appropriate paperwork. The following data is displayed there:

  • Full name of the employee undergoing the examination;
  • place of work;
  • time of arrival for examination;
  • blood pressure measurement results;
  • pulse;
  • breathalyzer readings;
  • personal data of the person conducting the examination.

The inspection log must be laced, numbered, sealed and certified by the head of the institution conducting the admission.

Medical examination of drivers

When working in a taxi or any other organization related to transportation, you must be tested for the absence of alcohol vapor in your exhaled air. For this purpose, a breathalyzer is used, which is checked annually and approved for performance.

Important! Before the start of the shift, the device is turned on and warmed up. After pressing the power button and beeping, insert a disposable mouthpiece into the socket. The driver breathes until the beep sounds, then the device displays the result.


Medical examination of drivers

Comparison with previous regulations

If we compare the new legislation with the previous one, it will become noticeable how the requirements for medical examination of motorists for the presence of traces of alcohol or drug use in the body have become more stringent.

But at the same time, the rules for passing the medical examination required to obtain or replace a driver’s license have become simpler. For example, it has become optional to visit specialists: surgeon, gynecologist, otolaryngologist, neurologist.

As for the last doctor, his conclusion is necessary only in one case - if the therapist has found a reason for this. A similar condition is set for undergoing EEG - electroencephalography. Now neither a narcologist nor a psychiatrist can demand from the driver both EEG results and a certificate from a psychologist.

However, the simplification of the procedure applies only to drivers of passenger cars and motorcycles. As for periodic medical examinations for drivers in the organization, they are still strictly carried out to this day.

Governing legislation

The basis for a medical examination of any kind is legislative acts. The obligations of soldiers to undergo medical examinations are written in the Law “On Road Traffic Safety” No. 196FZ. A number of acts are associated with passing a medical commission and examination:

  • labor code, art. 212, 213, 328, 76;
  • types of medical examination – Art. 46 of Law 323FZ;
  • Order of the Ministry of Health and Social Development No. 302n dated 04/12/11;
  • No. 308 dated July 14, 2003;
  • No. 835n.

Thus, drivers who get a job as an employee or as an individual entrepreneur are required to undergo several types of medical examination. Before leaving the line, they undergo an examination procedure to ensure that they are not at work in a sick or intoxicated state.

What is the procedure for organizing and conducting preliminary medical examinations of drivers?

What is the procedure for organizing and conducting preliminary medical examinations of drivers?

Preliminary medical examinations of drivers are carried out upon entry to work on the basis of a referral for a medical examination issued against a signature. Upon completion of the medical examination, a medical report is issued. Preliminary medical examinations are carried out at the expense of the employer. A more detailed procedure for conducting medical examinations is set out in the rationale.

Workers engaged in work related to traffic undergo mandatory preliminary (upon entry to work) and periodic (for persons under 21 years of age - annual) medical examinations to determine the suitability of these workers to perform the assigned work and prevent occupational diseases. In accordance with medical recommendations, these employees undergo extraordinary medical examinations (Article 69, Part 1 of Article 213, Paragraph 6 of Article 214, Part 2 of Article 328 of the Labor Code of the Russian Federation; Clause 6 of the Procedure for undergoing professional selection and professional training by employees , hired for work directly related to the movement of vehicles of road transport and urban ground electric transport, approved by Order of the Ministry of Transport of Russia dated March 11, 2016 N 59).

Types of work for which a medical examination is provided

The number of works during which mandatory preliminary and periodic medical examinations (examinations) are carried out includes driving land vehicles (clauses 27 - 27.16 of the List of works during the performance of which mandatory preliminary and periodic medical examinations (examinations) of workers are carried out (Appendix No. 2 to Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302 n) (hereinafter referred to as List No. 302 n)):

• categories A, A1, B, B1, BE, C, C1, CE, D, D1, D1E;

• trams, trolleybuses, tractors and other self-propelled vehicles;

• mini-tractors, walk-behind tractors, forklifts, electric cars, traffic controllers, etc.;

• cars of all categories with manual control for the disabled, motorized wheelchairs for the disabled.

Actions of the organization for referral for a preliminary medical examination

Responsibilities for organizing preliminary and periodic examinations of workers are assigned to the employer (clause 6 of the Procedure for conducting mandatory preliminary (upon entry to work) and periodic medical examinations (examinations) of workers engaged in heavy work and work with harmful and (or) dangerous conditions labor approved by Order of the Ministry of Health and Social Development of Russia N 302 n (hereinafter referred to as Order N 302 n)).

In order to conduct a preliminary medical examination of a person applying for work, the employer issues him a referral for a medical examination, filled out on the basis of a list of contingents approved by the employer (clauses 7, 8 of Procedure No. 302 n).

This direction is signed by an authorized representative of the employer indicating his position, surname, initials and is issued to the person applying for work against his signature.

The employer must also organize a record of issued referrals for a preliminary medical examination.

In addition, the employer is responsible for paying for medical examinations (Part 8 of Article 213 of the Labor Code of the Russian Federation, paragraphs 3, 5 of Article 23 of the Federal Law of December 10, 1995 N 196-FZ “On Road Traffic Safety”).

The procedure for conducting a preliminary medical examination

Preliminary medical examinations are carried out by medical organizations of any form of ownership that have the right to conduct preliminary medical examinations, as well as to examine professional suitability in accordance with current regulations (clause 4 of Order No. 302 n).

To conduct a preliminary medical examination, a medical organization forms a permanent medical commission. The composition of such a commission is approved by order (instruction) of the head of the medical organization (clause 5 of Order No. 302 n).

When conducting a preliminary medical examination, the results of previously conducted (no later than one year) preliminary or periodic medical examination of the employee may be taken into account, with the exception of cases where symptoms and syndromes of diseases are identified in the employee, indicating the presence of medical indications for repeated examinations and other medical measures within the framework of the preliminary or periodic inspections (clause 6.1 of Order No. 302 n).

However, there is a position according to which a preliminary examination during employment in a previous organization and, accordingly, the conclusion of the previous medical commission are not relevant for new employment (Letter of the State Labor Inspectorate in Moscow dated 02/12/2020 N 77/10-3961-20- OB/18-1299).

To undergo a preliminary medical examination, a person applying for work submits the following documents to the medical organization where the preliminary examination is carried out (clause 9 of Order No. 302 n):

• direction;

• insurance certificate of compulsory pension insurance containing the insurance number of an individual personal account, or a document confirming registration in the individual (personalized) accounting system, in the form of an electronic document or on paper;

• passport (or other identity document);

• decision of the medical commission that conducted a mandatory psychiatric examination (in cases provided for by the legislation of the Russian Federation).

A person entering work has the right to submit an extract from the medical record of a patient receiving medical care on an outpatient basis, in form N 025/u, approved by Order of the Ministry of Health of Russia dated December 15, 2014 N 834 n, from the medical organization to which this person is attached for medical care, and (or) from a medical organization at the place of residence with the results of medical examination (if available).

When conducting preliminary medical examinations, all subjects are required to undergo the procedures and studies provided for in clause 9.1 of Order No. 302 n.

For a person entering work and undergoing a preliminary examination, a medical record of a patient receiving medical care on an outpatient basis is drawn up in a medical organization in form N 025/u, which includes the conclusions of medical specialists, the results of laboratory and other tests, a conclusion based on the results of the preliminary medical examination (clause 10 of Order No. 302 n).

A preliminary medical examination is completed if the person applying for work is examined by all medical specialists, as well as the full scope of laboratory and functional tests is completed (clause 11 of Order No. 302 n).

Upon completion of a preliminary medical examination by a person applying for work, a medical organization issues a conclusion based on the results of the preliminary medical examination, which is signed by the chairman of the medical commission, which also indicates the results of the preliminary medical examination (clauses 12, 13 of Order No. 302 n).

The said conclusion is drawn up in four copies and no later than five working days, the first copy is given to the person applying for work, the second is attached to the medical record drawn up in the medical organization where the preliminary examination was carried out, the third is sent to the employer, the fourth is sent to the medical organization, to which a person entering work is assigned for medical care (clause 14 of Order No. 302 n).

Actions of the organization in case of detection of contraindications in the driver

The employer is obliged not to allow an employee to work who has not undergone a mandatory medical examination in accordance with the established procedure, as well as a mandatory psychiatric examination, in cases provided for by the Labor Code of the Russian Federation, other federal laws and other legal regulations of the Russian Federation, as well as when identified in accordance with a medical report issued in in the manner established by federal laws and other legal regulations of the Russian Federation, contraindications for an employee to perform work stipulated by an employment contract (paragraphs 4, 5, part 1, article 76 of the Labor Code of the Russian Federation).

A list of medical contraindications under which persons entering work are not allowed to perform work with harmful and (or) dangerous working conditions, as well as work in which preliminary and periodic medical examinations (examinations) are required to protect public health, prevention of the occurrence and spread of diseases, contained in clause 48 of Order No. 302 n.

Additional medical contraindications (for drivers) are established in the relevant paragraphs of List No. 302 n (clause 49 of Order No. 302 n).

Also in practice, the provisions of the Government of the Russian Federation of December 29, 2014 N 1604 “On lists of medical contraindications, medical indications and medical restrictions for driving a vehicle” are used to determine contraindications (Decision of the Perm Regional Court dated January 29, 2019 in case N 7-150/ 2019 (21-98/2019)).

If, in accordance with a medical report, the driver is recognized as needing to be transferred to another job, it is possible to transfer him to another job that is not contraindicated for him due to health reasons. If a transfer is required for a period of more than four months or a permanent transfer, but the employer does not have suitable work and (or) the driver refuses the transfer, the employment contract is terminated in accordance with clause 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation (Parts 1 - 3 of Article 73 of the Labor Code of the Russian Federation).

Responsibility for allowing a driver to work without undergoing a preliminary medical examination or in the presence of medical contraindications

Allowing an employee to perform job duties without undergoing mandatory preliminary medical examinations or in the presence of medical contraindications shall entail the imposition of an administrative fine (Part 3, 5 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation):

• for officials in the amount of 15,000 to 25,000 rubles. (for repeated violation - from 30,000 to 40,000 rubles or disqualification for a period of 1 to 3 years);

• for persons carrying out entrepreneurial activities without forming a legal entity - from 15,000 to 25,000 rubles. (for repeated violation - from 30,000 to 40,000 rubles or administrative suspension of activities for up to 90 days);

• for legal entities - from 110,000 to 130,000 rubles. (for repeated violation - from 100,000 to 200,000 rubles or administrative suspension of activities for up to 90 days).

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