The company's staff includes car drivers, truck drivers and personal car drivers. Car drivers, incl. cargo, carry out delivery of goods (raw materials) and distribution of products (bakery products). Drivers of company cars transport employees for official purposes. The company also has a boiler room (hazardous production facility) operator on its staff. Is it necessary to conduct a psychiatric examination in relation to the above categories of workers? To what extent is psychiatric examination of the above categories of workers carried out? What administrative liability can be applied to an enterprise if these categories of employees have not undergone a psychiatric examination?
Answer
All car drivers are required to undergo mandatory psychiatric examination at least once every five years (Article 213 of the Labor Code of the Russian Federation).
Psychiatric examination usually takes place in a psychoneurological dispensary. But not any psychiatrist can carry it out, but only a medical commission. It usually consists of three psychiatrists.
To undergo a psychiatric examination, the employer issues the employee a referral indicating the type of activity and working conditions contained in the List. The commission is obliged to conduct an examination within 20 days from the date of application. If necessary, she may request additional information about the employee’s health in other medical institutions.
Purpose of the examination:
- determine whether the employee has a mental disorder;
- establish a connection between the nature of the disorder and the ability to successfully and safely perform the type of activity specified in the employer’s direction.
The commission makes the decision by a simple majority of votes and issues it in writing to the employee against signature within three days after adoption. Within the same period, the employer is sent a message about the date the decision was made by the commission and the date it was issued to the employee.
The date of the next re-examination is indicated in the commission’s conclusion. If necessary, it can be carried out ahead of schedule at the initiative of the employee or employer. A conclusion on unsuitability for work associated with a source of increased danger is issued for a period of no more than five years.*
Does an employee have the right to refuse a psychiatric examination?
Psychiatric examination is carried out voluntarily, except in cases expressly specified in the legislation. For example, when a person poses an immediate danger to himself and others. In other cases, the psychiatrist will ask the employee to sign consent to the examination.”
“There are situations when an employee is not bothered by the lack of wages, he is in no hurry to undergo an examination and continues to be registered in the organization. The employer may regard such behavior as a disciplinary violation and reprimand the employee. In case of repeated refusals, reprimand and dismiss for repeated failure by the employee to fulfill his work duties without good reason, if he has a disciplinary sanction ().
To avoid a lawsuit, you must follow the procedure for applying disciplinary sanctions ():
- The condition for mandatory psychiatric examination must be specified in the employee’s employment contract or in a collective agreement, internal labor regulations or other local regulatory act of the employer, with which the employee is familiarized with signature. If there is no such condition in the documents, it is impossible to prove that the employee does not comply with the employer’s requirements.
- A written explanation must be requested from the employee. If it is not provided after two days, draw up a report about it.
- It is necessary to issue an order to apply a disciplinary sanction and announce it to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work (a suspended employee is required to report to work, despite the fact that he is not allowed to work). If the employee refuses to familiarize himself with the order, then a report about this is also drawn up.
Answers to your questions.
Should students be referred for psychiatric evaluation?
Is it mandatory to send students undergoing practical training for a psychiatric examination? Anna NEMTSOVA, HR specialist (Kirovsk)
Yes, it is necessary if they perform work for which appropriate contraindications have been established. They can be found in the List of Medical Psychiatric Contraindications for Certain Types of Professional Activities and Activities Associated with a Source of Increased Danger 3 .
A professional help system for lawyers in which you will find the answer to any, even the most complex, question.
List of doctors for periodic medical examinations depends on what position the employee being surveyed occupies, as well as his gender. In our article you will find information about the standard list of doctors who will need to see you to confirm that your health status meets the stated requirements, and about the procedure for undergoing medical examinations.
Which categories of workers are required to undergo periodic medical examinations?
Caring for the health of employees is one of the most important responsibilities of an employer. In accordance with Art. 213 of the Labor Code of the Russian Federation, are required to undergo a medical examination (both before entering work and subsequently, at certain intervals):
- workers engaged in work characterized by the presence of harmful and/or hazardous production factors;
- specialists working in the field related to transport traffic;
- workers working in the catering sector, medical and child care institutions, as well as some other organizations closely related to the provision of services to the population;
- employees who are under 21 years of age;
- other categories of workers, the list of which is established by federal and local legislation.
In accordance with Part 3 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, failure by the employer to comply with this requirement entails a fine, the amount of which can reach 130,000 rubles.
The procedure for preparing for mandatory periodic medical examination
The sequence of actions of the employer aimed at organizing and conducting periodic medical examinations is as follows:
What documents are drawn up during a periodic medical examination, who pays for it?
Unlike the initial medical examination, which an employee undergoes before concluding an employment agreement with the employer, when undergoing a periodic medical examination, a certificate drawn up in form No. 086/u or No. 001-GS/u is not required. Based on the results of a periodic examination of an employee in a medical organization, a conclusion is drawn up containing the following information:
- date of issue of the document;
- Full name of the person who underwent the inspection;
- name of the employing organization;
- the name of the structural unit in which the employee works, as well as the exact name of his position;
- a list of harmful and dangerous production factors that have a direct impact on his health;
- the result of the examination and the doctor’s conclusion based on its results, indicating the presence or absence of contraindications for the employee to perform the declared type of work.
This document must be signed by the chairman of the medical commission and certified by the seal of the health care institution. Also, the results of the completed medical examination are indicated in the health passport, which is kept by the employer.
Don't know your rights?
All costs for employees undergoing examinations by doctors, as well as conducting laboratory and functional tests, in accordance with the provisions of Art. 213 of the Labor Code fall on the employer. Regardless of which medical institution (public or private) the medical examination will be carried out, the employer must enter into an agreement with it for the provision of relevant services, the cost of which depends on the number of workers examined and the prices established by the management of the clinic.
Passing a medical examination according to order 302n - which doctors need to be visited
The procedure for conducting periodic medical examinations of enterprise employees is determined by the provisions of the order of the Ministry of Health and Social Development of the Russian Federation “On approval of lists...” dated April 12, 2011 No. 302n. In accordance with Art. 5 of Section I of the said normative act, the medical examination must be carried out by members of a permanent medical commission, which includes:
- occupational pathologist;
- medical specialists who have completed an advanced training course in the specialty “occupational pathology”, or doctors who have a valid certificate in this specialty.
The composition of this commission is approved by order of the chief physician of the health care institution that provides medical examination services for employees of the enterprise.
At the same time list of doctors for medical examination depending also on the sphere in which the employee works and the conditions for his labor activity. Appendix No. 1 to Order No. 302n lists a list of harmful and dangerous production factors, in the presence of which an employee must have his health checked by medical specialists. The same appendix contains a list of doctors who must examine workers working in certain conditions, as well as the frequency of such examinations. In addition, in the document you can find an exact list of laboratory and functional studies, the conduct of which allows you to make the most objective and accurate conclusion about the employee’s state of health.
List of doctors for repeated medical examination at work
A list of doctors who must be visited by an employee of an enterprise when undergoing a medical examination is provided to him directly at the enterprise by the person responsible for carrying out the medical examination and coordinating the process of its implementation. Depending on the worker’s position, this list may include:
- otorhinolaryngologist;
- dermatovenerologist;
- ophthalmologist;
- allergist;
- oncologist;
- urologist;
- gynecologist;
- surgeon;
- endocrinologist;
- neurologist;
- orthopedist;
- dentist;
- infectious disease specialist;
- mammologist (for women over 40 years of age), although in some cases a visit to this specialist is replaced by a mandatory mammography procedure followed by presentation to a gynecologist.
IMPORTANT! The link to the 3rd list, specified in Appendix 1 to Order No. 302n, establishes the employee’s obligation to undergo examination by a therapist, psychiatrist and narcologist. The legality of this norm is confirmed by the decision of the Supreme Court of the Russian Federation “On refusal to recognize...” dated December 18, 2012 No. AKPI12-1363.
The list of mandatory tests that every employee undergoing a medical examination must undergo includes:
- general analysis of urine and blood;
- fluorography.
Note: this list may be supplemented with other types of examinations and analyzes (depending on the position held by the employee).
Who conducts a medical examination before starting a working day or shift?
In accordance with clause 4, part 2, art. 46 of the Law “On the Fundamentals of Health Protection...” dated November 21, 2011 No. 323 in order to identify the impact of hazardous and harmful production factors, as well as the presence of diseases that interfere with the normal performance of work, certain categories of workers (for example, drivers of vehicles transporting passengers ) are required to undergo daily inspection before going to work. Unlike periodic medical examinations, this event does not take much time. It is carried out, in accordance with part 8 of the appendix to the order of the Ministry of Health of the Russian Federation “On approval of the procedure...” dated December 15, 2014 No. 835n, by a health worker with a higher or secondary medical education, or a health care institution that has a license to provide medical services (including conducting medical examinations).
So, some categories of workers are required to undergo both initial and periodic medical examinations, during which their health status is checked by both general practitioners and highly specialized specialists. The list of doctors whose examination is a mandatory condition for the employee to carry out further work activities, laboratory tests and other studies, as well as a description of working conditions, the influence of which entails the need for regular examinations, are established by the provisions of Order No. 302n of the Ministry of Health and Social Development. Based on this document, a list of doctors is formed for each position who must be visited by the employees occupying it.
Every year during the heating season we receive boiler house operators. They undergo medical examinations when hired. According to 302 n and a special assessment of harmfulness, a medical examination must be carried out once every 2 years. Tell me, can we use last year’s medical examination when hiring operators or not?
Answer
Answer to the question:
No, in this situation, before hiring, employees must be sent for a preliminary medical examination again. This is due to the fact that there was a dismissal. During the time that employees did not work, they could develop contraindications to work. Moreover, the requirement for preliminary medical inspection is a mandatory requirement that must be met with every hire.
Consequently, workers can be hired only after undergoing a preliminary medical examination.
Details in the materials of the Personnel System:
1.Answer: Is it necessary to conduct a mandatory medical examination if an employee is hired for a short period of time to temporarily replace an absent employee (for a period of illness, vacation, etc.). The position for which an employee is hired requires a medical examination.
N.Z. Kovyazina
Yes, it is necessary.
The need for a medical examination is caused by the presence of dangerous and (or) harmful factors and work in the labor process (Appendices No. 1, 2 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n). Since such factors objectively exist for the temporarily filled position, the temporary employee is subject to all medical examinations provided for by law in the general manner (Article 213 of the Labor Code of the Russian Federation). The term of the contract with the conscript does not matter.
With respect and wishes for comfortable work, Ekaterina Zaitseva,
HR System expert
— production instructions for the operation of main and auxiliary equipment;
— labor protection instructions for the boiler room operator and other labor protection instructions;
1.4.3. Repeated training on labor safety for the operator is carried out at least once every three months.
1.4.4. Unscheduled briefing is carried out when:
— upon the introduction of new or amended legislative and other regulatory legal acts containing labor protection requirements, as well as labor protection instructions;
— when changing technological processes, replacing or upgrading equipment, devices, tools and other factors affecting labor safety;
— if employees violate labor safety requirements, if these violations create a real threat of serious consequences (industrial accident, accident, etc.);
— at the request of officials of state supervision and control bodies;
- during breaks in work (for work with harmful and (or) dangerous conditions - more than 30 calendar days, and for other work - more than two months);
- by decision of the employer (or a person authorized by him).
1.4.5. Targeted briefings are carried out for the employee when performing one-time work, during liquidation of the consequences of accidents, natural disasters and work for which a permit, permit or other special documents are issued, as well as when holding mass events in the organization.
1.5. The operator is obliged to comply with internal labor regulations:
- do not smoke in the workplace;
- do not allow drinking alcoholic beverages during working or non-working hours in the boiler room;
- comply with duty schedules approved by the site manager.
1.6. Operators' scheduled working hours are no more than 12 hours. Eating is allowed in the workplace.
1.7. Periodic medical examinations of operators are carried out once every 2 years.
1.8. When performing work, the operator may be exposed to dangerous and harmful production factors:
- hazardous production factors - factors the impact of which on a worker under certain conditions can lead to injury or a sudden deterioration in health;
- harmful - to decreased performance or to diseases.
1.9. The boiler room operator must be aware of possible exposure to harmful and hazardous production factors.
Physical factors:
— dangerous voltage level in the electrical circuit on the control panels (units) of thermal power plants;
- falling from a height;
— roughness, burrs, sharp edges on equipment surfaces;
— gas contamination of the working area air (in case of gas leaks, leaks in gas ducts, boiler lining, lack of ventilation);
— increased temperature of the surface of the equipment (in the absence or damage to the insulation of the equipment);
— increased vibration during equipment operation;
— indoor microclimate;
— increased noise (if you do not use anti-noise headphones);
Psychophysiological – labor intensity.
1.10. There are 4 classes of working conditions and nature according to the degree of harmfulness and danger: optimal, acceptable, harmful and dangerous.
Optimal working conditions (class 1) are conditions under which the employee’s health is maintained and the prerequisites are created for maintaining a high level of performance.
Acceptable working conditions (class 2) are characterized by such levels of environmental factors and the labor process that do not exceed established hygienic standards for workplaces, and possible changes in the functional state of the body are restored during regulated rest or by the beginning of the next shift and do not have an adverse effect in the immediate and future. in the long term on the health of workers and their offspring. Acceptable working conditions are conditionally classified as safe.
Harmful working conditions (class 3) are characterized by the presence of harmful factors, the levels of which exceed hygienic standards and have an adverse effect on the worker’s body and/or his offspring.
1.11. When performing work in accordance with the type of dangerous and harmful production factors, the boiler room operator is required to use personal protective equipment (working clothing, safety shoes and safety devices: goggles, respirator, headphones, etc.).
1.12. According to the “Standard for providing personal protective equipment to workers, the operator must use:
— Cotton suit for protection against general industrial pollution and mechanical influences — 1 per year.
— Leather boots — 1 pair per year.
— Combined mittens or knitted gloves with polymer coating - 4 pairs per year.
- Safety glasses - until worn out.
In winter additionally:
— Jacket with insulating lining — 1 for 3 years.
— Insulated leather boots — 1 pair for 3 years.
1.13. The operator must report equipment malfunctions to the site manager and dispatcher before starting work or during the working day after detecting a malfunction and make an entry in the equipment defects and malfunctions log.
1.14. In the event of an accident, the boiler room operator can provide first aid to the victim, report the incident to management and the dispatcher, call a doctor and, if possible, maintain the situation at the scene of the incident for investigation.
1.15. Along with these requirements, the boiler room operator must comply with:
— requirements set out in the tariff and qualification characteristics for the level of theoretical and practical knowledge of the operator of the corresponding category;
— requirements of the Production Instructions for the operation of boilers;
— rules for the technical operation of equipment, devices, tools with which it operates or serves;
— internal labor regulations.
1.16. Labor protection requirements are mandatory for the employee. Failure to comply with these requirements is considered a violation of labor discipline.
2. Labor protection requirements before starting work
2.1. Before accepting a shift, the boiler room operator must:
- put work clothes in order. Sleeves and tails of overalls should be fastened with all buttons, and hair should be tucked under the helmet. Clothes must be tucked in so that there are no loose ends or flapping parts. Shoes must be closed. IT IS PROHIBITED to roll up the sleeves of workwear;
— walk around the equipment being serviced along a specific route, check the safe condition of the equipment, fences, rotating mechanisms, the presence of numbers on the equipment and pipeline fittings;
— check the availability and serviceability of tools and devices and their compliance with the expiration date, as well as the presence of emergency lighting, fire extinguishing equipment, posters or safety signs;
— check in the service area that there are no unnecessary objects blocking the passages, that there is sufficient lighting in the work area and on the equipment being serviced (the absence of burnt out lamps);
— report to the ODS dispatcher about all identified comments and obtain permission to ignite the boiler.
— lean and stand on site barriers, walk on pipelines, as well as on structures and ceilings not intended for passage through them;
— start-up and short-term operation of mechanisms or devices in the absence or malfunction of fencing devices;
— clean near mechanisms without safety guards or with poorly secured guards;
— operate faulty equipment, as well as equipment with faulty or disabled emergency shutdown devices, interlocks, protections and alarms;
— repair equipment without taking technical measures to prevent it from being put into operation by mistake (starting the engine, supplying steam or water, etc.), spontaneous movement or movement;
- come to shift drunk or drink alcohol during working hours.
3. Labor protection requirements during work
3.1. During operation, the boiler room operator is obliged to:
- do not leave operating boilers unattended, both during operation of the boiler and after it is stopped (until combustion in the furnace completely stops and the coolant temperature drops to 45 degrees C),
- do not block passages and approaches to devices, fittings and fire shields,
- do not allow unauthorized persons into the boiler room without a representative of the enterprise administration,
- do not allow untrained and uncertified persons to operate,
- if your health worsens, stop working, make the workplace safe, notify your immediate supervisor, or go to a medical facility,
- during accidents, take part in eliminating the consequences and not handing over and accepting shifts until they are completely eliminated.
3.2. Operate the boiler in accordance with the “boiler operating schedule”.
3.4. The boiler should be purged in accordance with the operating schedule and production instructions for boiler operation at least once per shift.
3.5. Check the proper operation of pressure gauges and safety valves at least once per shift.
3.6. To increase the boost of the boiler, it is necessary to increase the gas pressure, then the air, and when decreasing, vice versa.
3.7. In case of deviations in the boiler operating mode from the norm, act in accordance with the “Plan for localization and elimination of emergency situations in the boiler room”, “Production instructions for the operation of the boiler”.
3.8. Permit repair personnel to carry out repair work according to the permit, prepare the workplace, and provide targeted instructions.
3.9. When there is a break in the operation of equipment for troubleshooting, replacement of working parts, etc. display safety posters.
3.10. Wear overalls and safety shoes.
3.11. During boiler operation, the boiler room operator is prohibited from:
- leave boilers unattended until combustion in the furnace completely stops, residual fuel is removed from it and the pressure is reduced to zero;
— commissioning of boilers with faulty fittings, feeding devices, automatic safety systems, emergency protection and alarm systems;
- ignite extinguished gas in the firebox without prior ventilation of the firebox and flues;
— light a gas torch from a nearby burner;
— jam the safety valves or additionally load them;
— carry out purging when the purge valves are faulty, open and close the valves with blows of a hammer or other objects;
— lubricate the bearings and tighten the seals while the pumps are operating;
- use boxes and other temporary devices and devices instead of stairs and platforms;
- lengthen the wrenches (put pipes on them, etc.), and also hit the wrench to avoid breaking the bolts and damaging the threads.
4. Occupational safety requirements in emergency situations
4.1. The boiler room operator is obliged to emergency stop the boiler in accordance with the Production Instructions for the operation of boilers and.
4.2. To provide medical care to victims of injury, poisoning and sudden illness, act in accordance with the “Instructions for first aid in case of an accident at work.”
4.3. In case of accidents:
— Immediately organize first aid for the victim and, if necessary, transport him to a medical organization;
— Take urgent measures to prevent the development of an emergency or other emergency situation and the impact of traumatic factors on other persons;
— Before the investigation of the accident begins, preserve the situation as it was at the time of the incident, if this does not threaten the life and health of other persons and does not lead to a catastrophe, accident or other emergency circumstances, and if it is impossible to preserve it, record the current situation (compile schemes, carry out other activities);
5. Labor protection requirements upon completion of work
5.1. When the boiler room operates around the clock, the boiler room operator is obliged to:
— pass the shift in accordance with the “Production Instructions for the Operation of Boilers”;
- sign in the operational log about the shift, if the shift worker fails to show up, inform the DS dispatcher; it is prohibited to leave the boiler room without supervision.
5.2. Notify your immediate supervisor of any deficiencies in the operation of the equipment.
Put the protective clothing in a specially designated place, wash your hands with soap, and, if possible, take a shower.
The boiler room operator is obliged to comply with the requirements of the labor protection instructions for the boiler room operator.