home Services What kind of medical examination do office workers undergo? Is it necessary for office employees to undergo a mandatory medical examination? Two supervisory authorities may fine you for failure to conduct medical examinations

What kind of medical examination do office workers undergo? Is it necessary for office employees to undergo a mandatory medical examination? Two supervisory authorities may fine you for failure to conduct medical examinations

The Ministry of Labor has tightened the requirements for regular medical examinations, obliging employers not only to organize medical examinations for office workers, but also to pay for such visits.

The list of “harmful” professions has been expanded

It is no secret that many employees are required to regularly confirm their health status through medical examinations. Based on the order of the Ministry of Health and Social Development, since 2012 the list includes:

underground, high-rise and logging work;
energy industry, including those involving work with high voltage;
areas where hazardous substances are used;
security and collection activities, as well as other areas where the use of weapons is possible;
catering and all positions related to food;
medicine and pharmaceuticals;
teachers, kindergarten teachers, university professors, etc.;
service personnel of baths, swimming pools and beauty salons, hotels and hostels;
flight and passenger transportation employees railway(flight attendants, conductors).

Not long ago this list was expanded. It included clerks who spend at least 50% of their working time at the computer. The Ministry of Finance insists on regular assessment of their health (letter No. 15-1/OOG-4397 dated 08.18.15).

The frequency of medical examinations for office workers was also determined - every 2 years. At the same time, the employer must not only ensure that its employees visit a neurologist and ophthalmologist in a timely manner, but also pay for these visits.

On a note. Expenses for medical examinations are written off as material expenses under both the general and simplified taxation systems.

Conditions for going to the clinic

As mentioned above, the main criterion for sending clerks to the clinic is working on a computer. In this case, we are talking only about employees who spend at least half of their working day in front of monitors every day.

In this case, the electromagnetic field of the broadband frequency spectrum that the computer “radiates” becomes a harmful factor.

The Ministry of Finance also identified other factors dangerous to human health:
industrial noise;
insufficient quality of the light environment, which negatively affects humans.

The department is confident that the detected diseases (cataracts and other ophthalmological diseases, disorders of the autonomic nervous system) should become a reason for retraining the employee and introducing restrictions on his contact with the computer.

Sanctions: from fines to business closure

Deputy Minister Andrei Pudov from the Ministry of Labor is convinced that it is important not to turn medical examinations into a “filkin’s certificate.” Of course, the employee is most concerned about his own health, but the employer should not stand aside.

Unfortunately, practice shows that not all employers take their responsibilities responsibly. Approximately 15% of employees employed in hazardous industries do not undergo regular inspections at all. Minister of Health Veronika Skvortsova spoke about this in the summer of 2014.

That is why “ruble punishment” was introduced for unscrupulous employers - such a measure should discipline, the Ministry of Labor is convinced.

To those who ignore the norms Labor Code and order 302-n, refusing to organize and pay for a medical examination, it is planned to issue fines. On the first violation legal entities you will have to fork out 130 thousand rubles, individual entrepreneurs - 25 thousand rubles. Malicious violators will be punished more severely: 200 and 40 thousand rubles, respectively.

Important! The extreme measure would be to suspend the operation of the enterprise for a period of 3 months. Needless to say, what losses will a manager indifferent to the health of his employees suffer?

What does the coming day have in store for us?

Many provisions of the law are now being actively contested, including by entrepreneurs' rights associations. One of the points of discussion was the degree of harm that can cause modern technology. Most personal computers today are not as dangerous as this document suggests.

Therefore, the Ministry of Health began re-working on the recommendations. It is possible that the question of whether office workers should undergo a medical examination will be decided on the basis of a workplace assessment. If working conditions at a particular enterprise are considered acceptable, then regular medical examinations will not be the responsibility of their managers.

Another scenario for the development of events is also possible. In October 2015, a bill was introduced into the State Duma that could oblige the employer to send any employee to a medical examination every three years. In this case, the absent specialist will retain both the position and workplace, and salary.

If the law comes into force, then not only certain categories of employees, but also everyone will be able to undergo a medical examination under very attractive conditions.

Today it is no longer discussed whether a medical examination is mandatory for office employees. But whether those who are currently “overboard” from the approved list and from whose pockets the examinations will be paid will receive such privileges, time will tell.

Questions were answered by E.A. Shapoval, lawyer, Ph.D. n.,
M.G. Sukhovskaya, lawyer

Mandatory medical examinations. Part I

The procedure for sending for mandatory medical examinations and completing the necessary documents can be found here:

For a year and a half now, lists of harmful factors and work have been in force for which mandatory medical examinations of workers must be carried out, as well as the procedure for their implementation. approved By Order of the Ministry of Health and Social Development dated April 12, 2011 No. 302n (hereinafter referred to as Order No. 302n). From the questions that we receive and that people ask on accounting forums, it is clear that there are still a lot of uncertainties.

We bring to your attention a selection of answers that will help you and your management understand when it is necessary to send employees for a medical examination and pay for it. But first let us remember the following.

Medical examinations that the employer is obliged to organize at his own expense, I happen t Part 2 Art. 46 of the Law of November 21, 2011 No. 323-FZ; Art. 213 Labor Code of the Russian Federation:

preliminary- are carried out before conclusion employment contract to determine the suitability of the applicant’s health status for the work assigned to him;
periodic - carried out during work to identify medical contraindications to the work performed, as well as initial forms of occupational diseases;
pre-shift(pre-trip) - carried out at the beginning of the working day to identify signs that impede the performance of work (for example, drivers are under the influence of alcohol or drugs);
post-shift(post-trip) - carried out at the end of the working day in order to detect the influence of harmful production factors and acute occupational diseases(for example, for workers engaged in underground work Art. 330.3 Labor Code of the Russian Federation).

Two supervisory authorities may fine you for failure to conduct medical examinations

E.A. Averkova, Nizhny Tagil

We have a small cafe. No matter how much I told my director that medical examinations are mandatory for us, he didn’t want to hear anything. He says it’s all nonsense and he doesn’t intend to spend money on it. Tell me, what threatens the company if it turns out that none of our employees underwent medical examinations? Maybe at least the size of the fines will have an effect on my boss...

: Indeed, for employees of organizations Catering undergoing medical examinations - both preliminary and periodic - is mandatory. This is also indicated by the Labor Codec with Art. 213 Labor Code of the Russian Federation; clause 15 of the List (Appendix No. 2 to Order No. 302n) (hereinafter referred to as the List), and “catering” sanitary rules clause 13.1 SanPiN 2.3.6.1079-01. Therefore, if inspectors accidentally look into your cafe, we assure you that your director will not think too much. Take a look at this table.

What can you be fined for?	Amount of fine	Who can		Statute of limitations for prosecution
		identify violations and draw up a protocol	to fine
For violation labor laws A Part 1 Art. 5.27 Code of Administrative Offenses of the Russian Federation; see, for example, Resolution of the Kemerovo Regional Court of September 21, 2011 No. 4a-635-11	for an organization - 30,000-50,000 rubles; for a manager (entrepreneur) - 1000-5000 rubles.	State labor inspectors Art. 23.12 Code of Administrative Offenses of the Russian Federation; Art. 356 Labor Code of the Russian Federation		2 months from the date of detection of the violation Part 1, Art. 2 4.5 Code of Administrative Offenses of the Russian Federation
For violation of sanitary rules and hygienic standards in Part 1 Art. 6.3 Code of Administrative Offenses of the Russian Federation; Resolution 3 AAS dated December 13, 2012 No. A33-12481/2012	for an organization - 10,000-20,000 rubles; for a manager (entrepreneur) - 500-1000 rubles.	Art. 23.13 Code of Administrative Offenses of the Russian Federation; Clause 10 of the Regulations on Federal State Sanitary and Epidemiological Surveillance, approved. Government Decree No. 476 dated 06/05/2013		1 year from the date of discovery of the violation Part 1 Art. 4.5 Code of Administrative Offenses of the Russian Federation
For the admission of workers (for example, a cook, pastry chef, storekeeper) who have not passed a medical examination to perform work directly related to the production, storage and sale of food products and Part 2 Art. 14.43 Code of Administrative Offenses of the Russian Federation; clause 1 of Rospotrebnadzor Letter dated April 29, 2013 No. 01/5020-13-32	for an organization - 300,000-600,000 rubles; for the manager - 20,000-30,000 rubles; for an entrepreneur - 30,000-40,000 rubles.	Inspectors from the SES (Rospotrebnadzor) clause 19, part 2, art. 28.3 Code of Administrative Offenses of the Russian Federation	Arbitration court Part 3 Art. 23.1 Code of Administrative Offenses of the Russian Federation

Pre-trip medical examinations are mandatory for all drivers

V.A. Serebryakova, Krasnoyarsk

In our advertising company, company cars employ two drivers who carry general director and his deputy. Do I understand correctly that our drivers do not need to undergo daily pre-trip medical examinations? We are not a motor transport company, after all.

: No, you're wrong. Security Law traffic obliges all legal entities and entrepreneurs operating vehicles to organize pre-trip medical examinations for drivers clause 1 art. 20 of the Law of December 10, 1995 No. 196-FZ(including those working under a civil contract) to identify their see the introduction to the Methodological Recommendations, brought to the attention of the Letter of the Ministry of Health dated August 21, 2003 No. 2510/9468-03-32 (hereinafter referred to as the Methodological Recommendations):

signs of various diseases;
fatigue;
signs of alcohol, drug use, illicit drugs;
hangover syndrome.

The procedure for conducting pre-trip examinations of drivers is described in detail in the manuals of the Ministry of Health. Letter of the Ministry of Health dated August 21, 2003 No. 2510/9468-03-32, so we won’t dwell on it.

We would like to remind you that such inspections must be carried out pp. 1.4, 4 of the Model Regulations (Appendix No. 2 to the Methodological Recommendations) either a medical institution that has a special license, or medical worker having the appropriate certificate (if inspections are carried out on the employer’s premises).

In the latter case, a separate specially equipped room must be allocated for inspections.

However, we want to reassure you a little. A fine for failure to conduct pre-trip medical examinations is possible if the form of waybills that you issue for company cars contains a section on conducting pre-trip medical examinations for the driver. clause 7 of Mandatory details, approved. By Order of the Ministry of Transport dated September 18, 2008 No. 152. For the absence of the appropriate mark in this section, the traffic police inspector may fine Part 2 Art. 12.31.1, part 1 art. 23.3 Code of Administrative Offenses of the Russian Federation; Resolution 11 AAS dated 02/01/2013 No. A72-10083/2012:

organization (entrepreneur) - 30,000 rubles;
manager - 5,000 rubles.

Therefore, in order to avoid additional risks, it is better for ordinary (non-motor transport) companies not to include a section on pre-trip medical examinations in the applicable waybill form.

We would also like to remind you that all drivers are subject to mandatory preliminary and periodic (once every 2 years) medical examinations, as well as a psychiatric examination (once every 5 years) Art. 213 Labor Code of the Russian Federation; paragraph 27 of the List; List, approved. Government Decree No. 377 dated April 28, 1993.

Working at a computer is also a reason for a medical examination

L.V. Skobeleva, Chita

I heard that employees who simply work in an office at a computer (managers, designers, lawyers, etc.) according to a standard schedule of 40 hours a week should also be sent for mandatory medical examinations. If so, how often are they conducted?

: What you heard is absolutely true.

Employees whose work involves using a computer more than 50% of the time (and currently this includes the vast majority of office workers) must undergo mandatory medical examinations clause 13.1 SanPiN 2.2.2/2.4.1340-03; clause 3.2.2.4 of Appendix No. 1 to Order No. 302n:

preliminary - upon hiring;
periodic - once every 2 years (by a neurologist and ophthalmologist), and for workers under the age of 21 - annually.

A study of arbitration practice showed that inspectors from the sanitary and epidemiological supervision do not miss an opportunity to fine the company for this violation. Articles 6.3, 23.13 of the Code of Administrative Offenses of the Russian Federation; see, for example, Resolution of the Federal Antimonopoly Service of the North-West District dated 03/05/2011 No. A21-4539/2010; 3 AAS dated 04/02/2012 No. A33-10404/2011; FAS VSO dated November 22, 2012 No. A19-5282/2012.

In addition, you can run into a fine from the labor inspector.

FROM AUTHENTIC SOURCES

Deputy Head Federal service on labor and employment

“ Failure by the employer to comply with the requirement to organize mandatory preliminary and periodic medical examinations for persons working with a personal computer for more than 50% of the working time (that is, professionally associated with the operation of personal computers) may be grounds for bringing him to administrative responsibility for violation of labor laws. Part 1 Art. 5.27 Code of Administrative Offenses of the Russian Federation” .

Any work in a childcare facility = mandatory medical examinations

G.A. Nafieva, Kazan

We are going to open a private kindergarten. Obviously, all educators must undergo both preliminary and periodic medical examinations. Is it necessary to send technical personnel, in particular cleaners, caretakers, and watchmen, for a medical examination?

: Absolutely All employees of preschool organizations (and not just teachers) must undergo preliminary and periodic (once a year at least) medical examinations. And each employee must have a personal medical record and clause 20 of the List; pp. 20.1, 20.2 SanPiN 2.4.1.2660-10. Otherwise, if there is an inspection, claims from Rospotrebnadzor are very likely.

In addition, again, all employees of your kindergarten will need to receive preventive vaccinations against influenza annually at the expense of the employer. clause 20.2 SanPiN 2.4.1.2660-10.

Medical examination ≠ medical books

M.G. Lisovskaya, Moscow

Our company specializes in industrial mountaineering; accordingly, a number of employees undergo annual medical examinations item 1 of the List. And recently I was puzzled: do they need to issue personal medical records? If so, at whose expense - the company or the employees themselves - are they purchased?

: The need to issue medical records to workers employed in a particular field follows from the specific sanitary rules and regulations (SanPiNov) governing this field. The types of activities for which medical books are required are listed in the Order of Rospotrebnadzor dated May 20, 2005 No. 402. Your type of activity is not there.

WE TELL THE MANAGER

Forms of personal medical records for employees are purchased at the expense of the employer Art. 213 Labor Code of the Russian Federation.

According to the Order, a medical book should be issued only to employees of organizations ( individual entrepreneurs), whose activities are related to:

with the production, storage, transportation and sale of food products and drinking water;
raising and teaching children;
public utilities and consumer services (for example, enterprises such as bathhouses, dry cleaners, hairdressers).

Thus, your employees do not need to obtain medical records.

Medical books must be in the hands of the employee

N.G. Tushinskaya, Voronezh

The entrepreneur for whom I work as an accountant collected medical books from all the sellers in our store and told me to hide them in a safe. They say that no one loses them. And I became interested: where should medical records actually be kept - in the employer’s safe or in the hands of the staff?

: You know, there is a certain reason for the actions of your individual entrepreneur. Of course, according to the rules, while the seller is working, his personal medical record must be with him, so that in case of an inspection he can present it to the inspector. clause 9.14 SP 2.3.6.1066-01.

However, if medical books are constantly in the hands of staff, it cannot be ruled out that a person will lose it, spoil it, or at least forget it at home. Then, if an inspection happens, he will not be able to show it to inspectors from Rospotrebnadzor. And in this case, the fine for the lack of a medical book will be imposed on the entrepreneur himself Part 1 Art. 6.3, part 2 art. 14.43 Code of Administrative Offenses of the Russian Federation; see, for example, Resolution of the FAS VSO dated March 21, 2013 No. A78-6973/2012.

The best option is to issue medical books to sellers at the beginning of the working day, and at the end of the work, collect them and put them in the safe.

There is almost always a reason to send an employee for a medical examination

G.D. Harutyunyan, Mozhaisk, Moscow region.

I recently registered as an individual entrepreneur and opened an auto repair shop. Only men work. One guy, a car mechanic, is clearly sick with something: he has had a terrible cough for several months. Is there any legal way to get him to see a doctor?

: The lists of harmful factors and work for which mandatory medical examinations of workers must be carried out are very extensive. Almost any work can be “pulled up” under them. In particular, the work of a car mechanic falls under work performed directly on mechanical equipment that has open moving (rotating) structural elements and clause 10 of the List. So you simply must refer your coughing employee for a medical examination. An otolaryngologist will also be among the examining doctors.

If, according to the conclusion of the medical commission, the employee is unfit to perform work in his position (profession), you will have to offer him other vacancies available to you that comply with the recommendations of the doctors. If you do not have another job or the employee refuses it (in writing), then he must be dismissed with payment of severance pay in the amount of average monthly earnings Articles 73, 84 of the Labor Code of the Russian Federation.

In the next issue you will find answers to remaining questions regarding medical examinations, including accounting for the costs of conducting them.

The Federal Service for Labor and Employment has considered an appeal regarding the need for medical examinations for office workers. Whether or not to undergo medical examinations depends on whether workplace certification at the enterprise (SOUT) has been carried out or not.

This information is aimed at students of retraining and advanced training courses in the following areas:

Compulsory preliminary and periodic medical examinations are regulated by orderMinistry of Health and Social Development of Russia dated April 12, 2011 N 302n " On approval of 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 and periodic medical examinations (examinations) of workers engaged in heavy work and work with harmful and (or) dangerous working conditions" (hereinafter referred to as Order 302n).

Order of the Ministry of Health and Social Development on undergoing mandatory medical examinations

Order No. 302n contains three appendices. One of them contains a List of harmful and (or) hazardous production factors. If there is any factor at the workplace, mandatory preliminary and periodic medical examinations (examinations) are carried out.

For some factors that are given in the List, there is an indication that it is necessary for workers to undergo medical examinations if, according to the results of a special assessment of working conditions (hereinafter referred to as SOUT), the working conditions were classified as harmful.

Order No. 302n of the Ministry of Health and Social Development in some places contradicts the Labor Code of the Russian Federation

For some reason, there is no such indication for some factors. According to the Office of State Supervision, in the field of labor, in relation to these factors, the level of excess of permissible exposure can only be established based on the results of the special assessment and assessment.

Therefore, in this part, Order No. 302n contradicts the provisions of the Labor Code of the Russian Federation. Art. 213 of the Labor Code directly states that workers engaged in work with harmful and (or) dangerous working conditions are sent to undergo mandatory preliminary and periodic medical examinations.

What factors are dangerous and harmful for office workers?

Clause 3.2.2.4 of the List of Harmful Factors states “the electromagnetic field of the broadband frequency spectrum from the PC (when working on reading, entering information, working in dialogue mode for a total of at least 50% of the working time).” This electromagnetic field correlates with non-ionizing radiation, which is on the list of harmful and (or) dangerous factors in the industrial environment and labor process, subject to research (testing) and measurement when conducting a special assessment of working conditions in accordance with Article 13 Federal Law dated December 28, 2013 N 426-FZ "On special assessment working conditions."

How to determine the absence or presence of a harmful factor?

The question of whether there is such a factor in the workplace or not can only be answered by experts from organizations that conduct special assessments. The presence or absence of a factor can be established during research (tests) and measurements of this factor.

When is it necessary to send office workers for a medical examination?

The employer is obliged to send office employees who work on computers more than 50% of their working time to medical examinations once a year in the following cases:

A special assessment of working conditions was not carried out at the enterprise
A special assessment was carried out, as a result of which the presence of harmful factors was established.

There is no need to be sent for medical examinations if, as a result of the SOUT, optimal or acceptable working conditions in the workplace have been established by factor.

Download Order of the Ministry of Health and Social Development No. 302 of April 12, 2011

According to this Order, when establishing the presence of an electromagnetic field of a broadband frequency spectrum from a PC (personal electronic computer - computer), workers must undergo a medical examination

neurologist
ophthalmologist

The following medical examinations are carried out:

Visual acuity,
Ophthalmotonometry
Skiascopy
Refractometry
Accommodation volume
Binocular vision study
Color perception
Biomicroscopy
Fundus ophthalmoscopy

Contraindications to professional activities:

Complicated cataract.
Degenerative-dystrophic diseases of the retina.
Severe disorders of the autonomic nervous system

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Employees who work at a computer more than half the time may not undergo medical examinations. The main thing is that, according to the results of the special assessment, working conditions are normal. Medical examination of office employees is not required.

This conclusion was first made by Rostrud in a letter dated 02.28.17 No. TZ/942-03-3.

When you can not conduct a medical examination of office employees

All cases when the employer is obliged to organize medical examinations of employees are listed in Article 213 of the Labor Code of the Russian Federation. In particular, workers with harmful and dangerous working conditions must undergo inspections. Harmful and dangerous factors in work were established by the Ministry of Health and Social Development (Appendices 1 and 2 to the order of the Ministry of Health and Social Development dated April 12, 2011 No. 302n).

Important article:

Among them is working on a computer more than half the time. But even if an employee sits in the office at a computer all day, it is not necessary that his working conditions are harmful. Therefore, it is not clear whether medical examinations are necessary.

In the commented letter, Rostrud came to the conclusion that the company is not obliged to organize medical examinations for office workers. According to officials, just one factor does not prove that working conditions are harmful. If, according to the results of a special assessment, working conditions are optimal or acceptable, medical examinations are not necessary.

The opinion of officials contradicts the conclusions of the Ministry of Labor. The department believes that an inspection should be carried out in case of any harmful factors (letter of the Ministry of Labor of Russia dated 08.18.15 No. 15-1/OOG-4397). Therefore, once every two years, as well as when hiring an employee, it is necessary to send him for examination (letter of the Ministry of Labor of Russia dated 08.18.15 No. 15-1/OOG-4397).

We found out at Rostrud how inspectors will determine how much time an employee spends at the computer. Supervisors will study job descriptions and interview workers. For violation, labor inspectors have the right to fine 20 thousand rubles or suspend activities for 90 days (Article 6.3 of the Code of Administrative Offenses of the Russian Federation).

To avoid problems, write down in the instructions the duties that can be performed away from the computer. Also set breaks, the norm is 10-15 minutes every hour (clause 1.4 of Appendix 7 to SanPiN 2.2.2/2.4.1340-03).

As reported by Rostrud, if an employee does not work at a computer full time, then he does not need to undergo a medical examination

31.05.2017

Many companies have faced the need to send their employees for medical examinations. But Rostrud received a question that concerns office workers. As we know, now in offices, mostly all employees work on personal computers. How harmful is this and is the employer obliged to send his employee for a medical examination?

Let us turn to , which states that if there are results of special labor assessment tests or current results of certification of workplaces for working conditions, confirming optimal or acceptable working conditions in the workplace, the employer does not have an obligation to send the employee to undergo a mandatory preliminary and periodic medical examination if the employee works at the computer 50% of the total working time during the day.

How to prove the fact that an employee is at work only half of the time? Look job responsibilities your employee. If according to job description If you are required to work only on a personal computer, then a medical examination is necessary. But if your job description, for example, for an accountant, states that during the working day a person works with paper documents, sends mail for the company (travels outside the office), works at a computer, then in this case we see that the employee does not “sit around personal computer" In such a situation, a medical examination is not necessary.