Examination with sources of increased danger. We conduct a psychiatric examination correctly

    “Thus, if there is such a harmful production factor as toluene at the workplace, it is necessary to conduct mandatory medical examinations, regardless of the class of working conditions, with a frequency of 1 time in 2 years.”

    Here I disagree. There have already been a number of precedents in court that workers were reinstated when they were fired based on the results of a medical examination if they had a class 2 job, and in fact they worked with harmful substances. Although a medical examination can be carried out for your own peace of mind.

      Each such case must be broken down specifically. If you specify the circumstances of the case, I will be happy to sort it out. Most often, in such cases, the SOT makes a mistake by adding factors to the directions and the list of the contingent that should not have been indicated there, due to their own inattention.

      • Do I understand correctly that if for a PC user who works with it more than 50% of the working time or an engineer in contact with an ionizing source - AI (generated), but the class of working conditions for them is 2.0, then preliminary / periodic medical examinations are mandatory, and for engineer with AI also a psychiatric examination at the time of admission and every five years?

        Yes. All right.

    Anatoly Vladimirovich

    Good afternoon!

    I would like to clarify the basis: “Non-state medical centers have the right to conduct psychiatric examination of employees if they have a license to carry out medical activities”

    And the second question:

    What should be written in the license of a non-state medical center?

      The procedure for licensing medical activities and types medical services you will find its components in the Decree of the Government of the Russian Federation of 16.04.2012 N 291.

    A very confusing explanation. They mixed together a preliminary / periodic m / examination, in which the commission must include a psychiatrist and a psychiatrist-narcologist, and a psychiatric examination of workers employed in work in harmful / dangerous working conditions. Psychiatric examination employees (at least 1 time in 5 years) in a separate direction of the employer, is carried out in the institution chief physician which, approved by the chairman of the relevant commission by order of the Ministry of Health of the subject (for example). And it is unlikely to be a non-state medical institution. But an electroencephalogram, to obtain this conclusion, you can do in any medical institution, regardless of the type of property.

      The types of activities and work during which the employee undergoes the specified examination are defined in the List of medical psychiatric contraindications for the implementation of certain types professional activity 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).

      Mandatory psychiatric examination of employees engaged in such activities (performing relevant work) is carried out, in particular:

      Upon admission to work before the mandatory preliminary medical examination, which, as a rule, is also mandatory for these workers in accordance with labor legislation. This conclusion follows from a cumulative analysis of parts 1, 7 of article 213 of the Labor Code of the Russian Federation and paragraph 5 of paragraph 9 of the Procedure for conducting medical examinations (order of the Ministry 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 hard work and work with harmful and (or) dangerous working conditions”).

      According to paragraph 5 of clause 9 of the Procedure, in order to undergo a preliminary examination, a person entering a job submits to a medical organization, among other documents, the decision of the medical commission that conducted the mandatory psychiatric examination in cases stipulated by the legislation of the Russian Federation;

      Thereafter, at least once every five years. This follows from part 7 of article 213 of the Labor Code of the Russian Federation, clause 5 of the Rules.

      read it again - everything is on the shelves ...

    “Work at height” in the list for psycho-testimony is deciphered differently than in POT when working at height. For half an hour I convinced the inspector that the ladder (ladder-ladder) is not a "mounting device", as the inspector believes, trying to fit the work on the stairs to the list for psycho-examination, but just a means of scaffolding. Finally, the inspector seemed to agree, but immediately found a workaround: “Well, your workers climb these stairs, so they need to go through the software.” As a result, a fine for legal face.

      Decree of the Government of the Russian Federation of 04.28.1993 N 377 specifies "work at height, climbing work and related to climbing to a height, as well as work on maintenance of lifting structures."

      In paragraph 1 (1.1. -1.2) of Appendix 2 of Order 302n - “Work at height, climbing work * (5), as well as maintenance of lifting structures, including: 1.1. Work as a crane operator (crane driver) and 1.2. The work of an elevator operator (there are no contraindications for hiring ordinary elevator operators).

      We follow the footnote * (5) All work is considered climbing, when the main means of protecting workers from falling from a height at all times of work and movement is a safety harness.

      And now order 155n:

      3. Work at height includes work in which:

      a) there are risks associated with a possible fall of an employee from a height of 1.8 m or more, including:

      when an employee ascends to a height of more than 5 m, or descends from a height of more than 5 m on a ladder, the angle of inclination of which to the horizontal surface is more than 75 °;

      when carrying out work on sites at a distance of less than 2 m from unprotected drops in height of more than 1.8 m, and also if the height of the protective fence of these sites is less than 1.1 m;

      b) there are risks associated with a possible fall of an employee from a height of less than 1.8 m, if work is carried out on machines or mechanisms, the surface of a liquid or loose fine materials, protruding objects.

      Thus: for psycho-examination (up to the preliminary MO and then every 5 years) and medical examination (preliminary and periodic annually) it is necessary to send everyone who performs the work described in paragraph 3 of order 155n.

      What are the contradictions?

      • Decree of the Government of the Russian Federation of 04.28.1993 N 377 has its own interpretation, which refers to work at height (during which psychotesting is carried out, this list is narrower than order 155n, the inspector agreed with me on this): “3. Work at height is considered to be work performed at a height of 1.5 m or more from the surface of the ground cover or working platform and performed from mounting fixtures or directly from structural elements, equipment, machines and mechanisms during their installation, operation, installation and repair. e. even if an employee rises from 1.5 m, but not higher than 1.8 m, in the opinion of the inspection, the employee passes a psychological examination.

        Send him (forest inspector) - this Decree has no registration in the Ministry of Justice!

        That's just the inspector in the prescription refers not to the Decree, but to Art. 212, 213 of the Labor Code of the Russian Federation.

        Decrees of the Government in the Ministry of Justice are not registered

        Oleg Gushchin

        What are the contradictions? The contradictions are that, according to paragraph 3a) of Order 155n, “risks associated with a possible fall of an employee from a height of 1.8 m or more” exist for those workers who climb stairs, including flight stairs in interfloor spans of buildings. And this condition applies to all people.

    It can be clarified once again: it turns out that a preliminary examination is also carried out there, as in the case of periodic examinations, they are stamped by a narcologist and a psychologist. And then once every 5 years we send specifically for a psycho-examination and an encephalogram? Will it be under a separate agreement, not related to periodic medical examinations? Did I understand correctly?

      Thu)) Once again! There are 2 ways to get on psychotestimony.

      The first is if the employee is exposed to factors or performs the types of work specified in the List of Decree 377. In this case, you come for a preliminary medical examination with a ready-made conclusion based on the results of a psycho-examination (the contract is concluded separately from the contract for a medical examination) and then go for an examination every 5 years in the direction of the employer.

      The second way. The employee is not subject to psycho-examination under Resolution 377, but ... a psychiatrist or narcologist suspects or has clear signs of psychoactive substance use or inappropriate behavior (for example, traces of drugs or signs of alcoholism are found in the urine). Then the “passenger” receives a referral to a hospital (durku) and there he is covered for 2-3 weeks to observe and establish / exclude a preliminary diagnosis from a psychiatrist / narcologist.

      If the fact of the presence of addiction or a mental disorder is not established (he drank before the medical examination and made a scandal to the psychiatrist))), then in the future such an employee undergoes a medical examination in the usual manner without psycho-certification (an examination by a narcologist and a psychiatrist is enough).

      Yes, these are different agreements, the inspection during the inspection requires just an agreement for psycho-testing, decisions of the commission, an order to create a commission medical organization and a journal for issuing referrals

    It is only clear that 302n is outdated as part of changes in legislation. Something new is needed.

    I also want to add that last year the GIT drove all over Moscow for these psychiatric examinations. This year, I don't think anything will change. 110 thousand for at least one person (((

      I will make you happy)) Soon, not only will appendices 1 and 2 of order 302n be canceled and a single list of factors and types of work will be introduced instead, but they will also make changes to the order of the MO itself (Appendix 3). In particular, the Lists of the contingent of persons subject to preliminary and periodic MO will again have to be coordinated. You should have washed the floor in the foyer for them)))

      A lot of questions about the mandatory psychiatric examination arise:

      1. Nowhere is there a direct obligation of the employer to send to software when applying for a job. In order 302, the employee must provide the results of the software in cases stipulated by law. Do not allow an employee to perform work without hazardous production facilities also in cases provided for by law. And the legislation says at least once every 5 years. It is not written that when applying for a job and subsequently every 5 years.

      2. The decision of the commission is issued to the employee. According to the NLA, the employer is not obliged to provide this decision. Obliged to provide only when passing a medical examination of the commission. that is, the employer only has a record of the issuance of the referral and the date the decision was made ... And as I understand it, when conducting a medical examination, the commissions do not particularly ask for this decision. They need to be held accountable...

      3. The list according to Article 6 of the Law on Psychiatric Care must be reviewed every 5 years, and since 93g. nobody reviewed

      4. In practice, I encountered the fact that the PND requires an employee to come for an examination with the results of an encephalogram and an ECG, they say they do not have an encephalograph. The question is for what reason? it has been established that a person comes for examination with a passport and a referral ... Why do we have to undergo some other studies separately? How are they licensed if not? necessary equipment for activity?

      • 1. The obligations of the employer in terms of organizing medical examinations, including psycho-testing, are established by Articles 69 and 213 of the Labor Code, as well as legal acts, which are logically and fully indicated in the note.

        2. I quote from the text of the note “Thus, the employer and his representatives do not have the authority to check the presence of a mandatory psychiatric examination!

        However, in accordance with paragraph 11 of Order No. 302n, a medical institution cannot issue a conclusion if the examination by a psychiatrist was not carried out due to the fact that the employee did not provide the decision of the medical commission that conducted the mandatory psychiatric examination.”

        3. Decree of the Government of the Russian Federation of 28.04.1993 N 377 last revised on 23.09.2002. You can complain about the sluggishness of the Ministry of Health through the website of the President of the Russian Federation). The status of the Decree is ACTIVE.

        4. Claims regarding the quality and volume of medical services must be made to the party with which you have entered into an agreement for their provision.

      Good afternoon, colleagues. And again about the same thing.

      Last year, our organization was fined by the GIT for not conducting a psycho-examination. In a hurry, we “driven” 50% of the employees through the PND, received certificates for 750 rubles. Everything seems to be fine. This year we are sending the second half, we have already signed a contract, but ... now PND offers services, in addition to the certificate, to undergo electroencephalography (well, as he offers ... hints that a conclusion cannot be given without it) at a cost of 900 rubles and, according to the results, but only drivers conclusion, this is another plus 1,000 rubles.

      I'm confused ... Who is doing what?

      Colleagues, hello! Developed the Procedure for passing the software for our enterprise (well, how it was developed: I took it ready, adjusted it to our reality). So, one question remained in limbo - the question of storing the results of the software (the decision of the medical commission). Since the software is carried out once every 5 years, it would be logical to leave the original to the employee, and take a copy for personnel. For example, the driver passed the software by type of work - work directly related to traffic. I worked for a year, quit, got a job as a driver in another office. When passing the preliminary MO, can he provide the results of the software that he passed a year ago? Or he is obliged to re-pass the software at the expense of the new employer (but it is not clear why, because the software is 1 time in 5 years). Or is it better to keep the original of the conclusion, and upon dismissal, make a copy and return the original to the employee? How did you resolve this issue?

      I was confused by paragraph 2 of Rule 695

      2. Is the examination of an employee carried out on a voluntary basis, taking into account the norms established by the Law of the Russian Federation “On Psychiatric Care and Guarantees of the Rights of Citizens in its Provision”?

      On a VOLUNTARY basis??? That is, the employee has the right to refuse, and it turns out that he can refer to this paragraph? It is strange that neither the Ministry of Labor nor Rostrud mention anything about this ...

        The employee may well exercise his right to refuse examination, but in this case, the employer will be obliged to remove the employee from work under Art. 76 of the Labor Code, which subsequently may serve as a basis for dismissal.

Decree of the Government of the Russian Federation of September 23, 2002 N 695 (as amended on March 25, 2013) On the passage of a mandatory psychiatric examination by employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as those working in high-risk environments

PASSAGE OF COMPULSORY PSYCHIATRIC

SURVEYS BY WORKERS PERFORMING

INDIVIDUAL ACTIVITIES, INCLUDING ACTIVITIES

ASSOCIATED WITH SOURCES OF INCREASED DANGER (WITH INFLUENCE

HARMFUL SUBSTANCES AND ADVERSE PRODUCTION

FACTORS), AS WELL AS WORKING IN CONDITIONS

7. Examination of the employee is carried out within a period of not more than 20 days from the date of his application to the commission.

9. The commission decides by a simple majority of votes on the suitability (unfitness) of the employee to perform the type of activity (work in conditions of increased danger) indicated in the direction for examination.

Decree of the Government of the Russian Federation of September 23, 2002 N 695 (as amended on February 1, 2005) “ON PASSING MANDATORY PSYCHIATRIC EXAMINATION FOR EMPLOYEES CARRYING OUT CERTAIN TYPES OF ACTIVITIES, INCLUDING
ACTIVITIES ASSOCIATED WITH SOURCES OF INCREASED DANGER (THE INFLUENCE OF HARMFUL SUBSTANCES AND ADVERSE PRODUCTION FACTORS), AS WELL AS WORKING UNDER CONDITIONS OF INCREASED DANGER"

Decree

  1. Ministry of Health and Social Development Russian Federation carry out organizational and methodological work on issues related to the passage of a mandatory psychiatric examination by employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as those working in conditions of increased danger.
    (as amended by Decree of the Government of the Russian Federation of 01.02.2005 N 49)
  2. Recognize invalid paragraph 5 of the notes to the List of medical psychiatric contraindications for implementation certain types professional activities and activities related to a source of increased danger, approved by a resolution of the Council of Ministers
    - 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 in its provision" (Collection of acts of the President and Government of the Russian Federation, 1993, N 18, art. 1602).

Prime Minister
Russian Federation
M.KASYANOV
APPROVED
Decree of the Government of the Russian Federation of September 23, 2002 No.

The rules for the passage of the mandatory psychiatric examination by employees carrying out certain types of activities, including activities related to sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger

  1. 1. These Rules determine the procedure for passing a mandatory psychiatric examination (hereinafter referred to as examination) by employees engaged in certain types of activities, including activities related to sources
    increased danger (with the influence of harmful substances and unfavorable production factors), as well as those working in conditions
    increased risk, provided for by the List of medical psychiatric contraindications for the implementation of certain types
    professional activities and activities associated with a source of increased danger, approved by the decision of the Council
    Ministers - 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 in its provision" (hereinafter referred to as the List).
  2. Examination of an employee is carried out on a voluntary basis, taking into account the standards established by the Law of the Russian Federation "On Psychiatric
    assistance and guarantees of the rights of citizens in its provision.
  3. An examination of the employee is carried out in order to determine his suitability for mental health reasons for the implementation
    certain types of activities, as well as to work in conditions of increased danger, provided for by the List.
  4. For examination, the employee submits a referral issued by the employer, which indicates the type of activity and working conditions of the employee provided for in the List. At the same time, the employee presents a passport or other identity document replacing it.
  5. The examination of the employee is carried out within a period of not more than 20 days from the date of his application to the commission. For the purpose of examination, the commission has the right to request additional information from medical institutions, about which the employee is notified. The Commission makes a decision within 10 days after receiving additional information.
  6. During the examination, the employee may receive clarifications on issues related to his examination.
  7. The commission decides by a simple majority of votes on the suitability (unfitness) of the employee to perform the type of activity (work in conditions of increased danger) indicated in the direction for examination. The decision of the commission (in writing) is issued to the employee against signature within 3 days after its adoption. Within the same period, a message is sent to the employer about the date the decision was made by the commission and the date it was issued to the employee.
  8. If the employee disagrees with the decision of the commission, it can be appealed in court.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On the passage of the obligatory psychiatric examination by employees carrying out certain types of activities, including activities related to sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger

According to article 213 Labor Code of the Russian Federation The Government of the Russian Federation decides:

  1. Approve the attached Rules for the passage of mandatory psychiatric examination by employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger.
  2. Ministry of Health and social development of the Russian Federation to carry out organizational and methodological work on issues related to the passage of a mandatory psychiatric examination by employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger.

(as amended by Decree of the Government of the Russian Federation of 01.02.2005 N 49)

  1. Recognize invalid paragraph 5 of the notes to 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 the Council of Ministers - 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 in its provision ”(Collection of acts of the President and Government of the Russian Federation, 1993, No. 18, item 1602).

Prime Minister

Russian Federation

M.KASYANOV

APPROVED

Government Decree

Russian Federation

REGULATIONS

Passage of mandatory psychiatric examination by employees carrying out certain types of activities, including activities related to sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger

  1. These Rules determine the procedure for passing a mandatory psychiatric examination (hereinafter referred to as examination) by employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger, provided for by 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 the Decree of the Council of Ministers - 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 when it is provided” (hereinafter referred to as the List).
  2. Examination of an employee is carried out on a voluntary basis, taking into account the norms established by the Law of the Russian Federation "On Psychiatric Care and Guarantees of Citizens' Rights in its Provision".
  3. An examination of an employee is carried out in order to determine his suitability for the state of mental health to carry out certain types of activities, as well as to work in conditions of increased danger provided for by the List.
  4. Examination of an employee is carried out by a medical commission created by the health management body (hereinafter referred to as the commission).
  5. An employee examination is carried out at least once every 5 years.
  6. For examination, the employee submits a referral issued by the employer, which indicates the type of activity and working conditions of the employee provided for in the List.

At the same time, the employee presents a passport or other identity document replacing it.

  1. The examination of the employee is carried out within a period of not more than 20 days from the date of his application to the commission.

For the purpose of examination, the commission has the right to request additional information from medical institutions, about which the employee is notified.

The Commission makes a decision within 10 days after receiving additional information.

  1. During the examination, the employee may receive clarifications on issues related to his examination.
  2. The commission decides by a simple majority of votes on the suitability (unfitness) of the employee to perform the type of activity (work in conditions of increased danger) indicated in the direction for examination.

The decision of the commission (in writing) is issued to the employee against signature within 3 days after its adoption. Within the same period, a message is sent to the employer about the date the decision was made by the commission and the date it was issued to the employee.

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

If you find an error, please highlight a piece of text and click Ctrl+Enter.

Decree of the Government of the Russian Federation No. 695 dated September 23, 2002, drawn up on its basis by the Order of the Moscow Department of Health No. 705 dated September 18, 2008 and Order No. 302n of the Ministry of Health and Social Development determine the essence and procedure for conducting a psychiatric examination and offer a set of standard forms and samples for implementation such expertise.

These are the main documents that help to implement a psychiatric examination of employees of an enterprise or organization. They should be guided by officials (engineers for labor protection) and managers of enterprises for proper organization labor activity if it is associated with increased physical or emotional stress, harmful conditions labor, negative or dangerous production factors.

Decree No. 695 has the latest version dated March 25, 2013 (Resolution No. 257). New edition The document entered into force on April 6, 2013.

Basic provisions for conducting a psychiatric examination

Decree No. 695 on a voluntary psychiatric examination puts into effect the Rules for the passage of a mandatory psychiatric examination (hereinafter referred to as the Rules). The document consists of 10 articles and links to other regulations operating in the Russian Federation. Let's consider the current Rules article by article and give practical comments to each paragraph.

1. According to the Rules, the list of professions for which a psychiatric examination is mandatory is determined by Resolution No. 377 of April 28, 1993 (hereinafter referred to as the List). This document explains the rights of citizens in the need for mental health care, and also establishes guarantees for the observance of such rights. The list should be used to determine the positions that are subject to the certification requirement. On its basis, an enterprise or organization draws up an order for a psychiatric examination of employees and sends them to undergo an examination.

2. The rules establish that the passage of a psychiatric examination by order No. 695 must be carried out by the employee voluntarily, in accordance with the requirements of the Law "On Psychiatric Care and Guarantees of Rights in Its Provision". In practice, this norm is the biggest pitfall for officials enterprises and organizations responsible for labor safety. If an employee refuses to undergo a voluntary examination, the management of the enterprise (or organization) is obliged to remove him from his duties. The employee cannot be at his workplace and can be transferred to perform work that does not require a psychiatric examination.

3. the main objective psychiatric examination - to establish the suitability of a particular employee to perform the work specified by the employer. The area of ​​responsibility of the medical commission is not limited to the identification of a mental disorder. the main task- to establish whether a person with a diagnosed diagnosis can perform his duties without a threat to the safety of himself and others. Important correct description working conditions in the direction that is issued to the employee. It should be complete and detailed, allowing psychiatrists to give the most objective assessment.

4. As Order No. 695 on psychiatric examination indicates, the medical commission is organized by the health authority. This is necessary for an independent expert assessment, without the participation of representatives of the employer. A medical institution may have any form of ownership, but must be licensed to conduct psychiatric examinations.

5. Examination of an employee, in accordance with the Rules (Order No. 695), must be carried out at least once every 5 years. This is where the second pitfall in legislation arises. After the expiration of the five-year period, the employer is obliged to send the employee for a re-examination, but at the same time he cannot be allowed to perform his work, since the validity of the previous examination conclusion has already expired.

By law, an employer may not pay an employee wages, which puts him in a difficult financial situation. From a legal point of view, the most correct and effective method circumvent these norms - write an application on behalf of an employee for a voluntary extraordinary examination, which will allow him to keep his average earnings for the period of examination.

6. Paragraph of the Rules (Order No. 695) defines the list of documents required for an employee to undergo an examination by a medical commission. This includes a referral from the employer with a mandatory indication of the type of activity, a list of working conditions that may increase the risks of safe work performance. In addition to the referral, the employee must provide a passport (or a document replacing it).

In practice, when passing an examination by a medical commission, you may need a medical card of an employee, a certificate from a psycho-neurological dispensary, a military ID and other documents. By law, a medical institution has the authority to independently request the required documents from territorial medical institutions, but this can take quite a long time. To expedite the receipt of the conclusion, the employee is recommended to take all necessary papers with myself.

7. The timing of the survey - 20 days from the date of the employee's request. If it is necessary to request additional documents, the commission may adopt an expert opinion within 10 days from the date of their receipt.

8. The rules for conducting a psychiatric examination establish the right of an employee to receive any explanations about the work of the commission of a medical institution that are related to the examination.

9. A medical commission consisting of at least 3 people must make a decision by a majority of votes. The conclusion of the examination should indicate the compliance / non-compliance of a particular employee with the position held, taking into account the characteristics of the working conditions indicated in the direction. The medical institution must issue the completed conclusions to the employee against signature within 3 days after their approval. For the purpose of control, the employer is simultaneously informed about the dates of the conclusion and the issuance of the decision to the employee.

10. An employee may express disagreement with the conclusion obtained as a result of a psychiatric examination. To do this, you need to file a lawsuit in court. In practice, the procedure for conducting an examination implies the possibility of a re-examination of an employee if he disagrees with the conclusion.

Forms approved by order No. 705

To organize and control the passage of a psychiatric examination, labor protection engineers or other officials can use standard forms, which are offered by order No. 705 of the Moscow Health Department dated September 18, 2008. This document establishes the referral form that is issued to staff for psychiatric evaluation. The document determines the form of the decision of the medical commission, the form of the message of the examination commission.

Another document that an occupational safety engineer must maintain is a register of directions. With its help, monitoring of compliance with the deadlines for the implementation of a psychiatric examination, as required by order No. 695, is carried out. In addition, the enterprise issues an order to conduct a psychiatric examination of employees.

List of professions for which the Procedure applies

The procedure for passing a psychiatric examination is applied to professions, the list of which is stipulated by Decree No. 377 of 04/28/1993. It includes all workers and highly qualified specialties and types of work associated with harmful substances and adverse production factors, increased attention tension, high emotional stress.

To the list of the most common harmful or dangerous factors(order on mandatory psychiatric examination) include:

  • work with biological material or chemically active substances;
  • use of welding aerosols in work;
  • work involving direct contact with food products;
  • work in noisy conditions, with a high degree of visual or physical stress;
  • underground works;
  • work in an area of ​​high temperature or pressure;
  • high-altitude work;
  • work, including on a rotational basis, in remote areas of the North.

In addition to professions that have contact with harmful factors(medicines, radiation, chemicals, etc.), the list of activities requiring additional psychiatric examination includes medical workers, teachers, drivers and office workers. In the latter case, the work performed must be associated with a constant strain of attention due to the need to monitor information on displays or other means of displaying data.

All of the listed types of work cannot be allowed to people who have a mental disorder, alcoholism, drug addiction or epilepsy. They cannot be working in hazardous conditions. When passing a psychiatric examination, the medical commission is obliged to consider whether an employee with an established diagnosis is able to work safely in the conditions prescribed in the direction, as required by the order to undergo a psychiatric examination of employees.

The process of passing a psychiatric examination

When forming a commission, as required by Order No. 695 on a psychiatric examination, at least 3 specialists (psychiatrists) must be involved in the examination. The examination procedure itself provides for familiarization with the employee’s medical record, working conditions, medical examination and experimental research. If necessary, the commission has the right to assign an electroencephalogram to an employee.

All procedures, according to the order for mandatory psychiatric examination, the employee must undergo voluntarily. At the same time, he has the right to ask questions of interest, for example, about the purpose of conducting a particular survey.

What happens if the order is violated?

Violation of the Order, which stipulates the Order No. 695 of the Ministry of Health, legally threatens only the employer and officials responsible for organizing the examination. If violations are detected, legal entities, entrepreneurs and officials are subject to a fine, the amount of which is established by a resolution:

  • maximum penalty for legal entities- 130,000 rubles;
  • the maximum amount of penalties for individual entrepreneurs is 25,000 rubles;
  • the maximum amount of penalties for responsible officials is 25,000 rubles.

For an employee, failure to pass a psychiatric examination, which is required by Order No. 695 of the Ministry of Health, threatens to be removed from work, up to and including dismissal. The employer does not have the right to allow such an employee to perform work duties. Therefore, both parties are interested in passing the examination within the time limits established by the Procedure. If necessary, the employer or employee has the right to initiate an extraordinary examination, for which it is necessary to issue a referral to the employee.

To conduct an examination of employees of an enterprise or organization, as prescribed by Order No. 695 of the Ministry of Health, an employer can conclude an agreement with any medical institution that has the appropriate license. It can be either a state psycho-neurological dispensary of the Ministry of Health or a commercial medical center. The cost of the examination is estimated by the number of employees subject to examination.

Subscribe to news

Greetings, dear friends! In this note, the process of conducting mandatory psychiatric examinations of workers is thoroughly considered.

How to properly conduct a psychiatric examination of employees

Let's start with the legal framework.

Mandatory psychiatric examinations of employees are carried out in accordance with the requirements of:

  • articles 69 and the Labor Code of the Russian Federation;
  • rules for the mandatory psychiatric examination of employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger, approved by the Decree of the Government of the Russian Federation of September 23, 2002 No. 695 (hereinafter referred to as the List);
  • clause 38 of the Procedure for conducting mandatory preliminary (when applying for a job) and periodic medical examinations (examinations) of workers employed in hard work and in work with harmful and (or) dangerous working conditions, approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n ;
  • Law of the Russian Federation of July 2, 1992 No. 3185-1 "On psychiatric care and guarantees of the rights of citizens in its provision" . .

Mandatory psychiatric examination (once every 5 years) must be carried out by employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as those working in conditions of increased danger in accordance with the established List .

This List is very extensive. Suffice it to say that welding aerosols, dust of plant and animal origin, and many, many others are named among the hazardous and harmful substances in it. Among the harmful production factors are industrial vibration, industrial noise, high atmospheric pressure, high temperature, low temperature, increased eye strain (including work related to monitoring the screen of displays and other means of displaying information), physical overload. Having studied this List, we can conclude that a lot of jobs and professions fall under one of the foreseen factors.

In addition, workers employed in work with harmful and (or) hazardous substances and production factors with a single or multiple excess of the maximum allowable concentration or maximum acceptable level according to the current factor, employees who have (had) a conclusion on a preliminary diagnosis occupational disease, persons with persistent consequences of accidents at work, as well as other employees, if the medical commission makes an appropriate decision, also undergo a mandatory psychiatric examination.

Letters are devoted to explaining the intricacies of a psychiatric examination:

In particular, in the letter of Rostrud dated October 14, 2016 No. PG / 27356-03-3, it was concluded that the employer is not obliged to send employees who perform the work of reading, entering information, as well as working in the dialogue mode with a personal computer, since these types of work do not apply to work related to monitoring the screen of displays and other means of displaying information specified in the List.

The Ministry of Labor in a letter dated September 16, 2016 No. 15-2 / OOG-3359 indicates that conducting mandatory psychiatric examinations is the responsibility of the employer, which is confirmed by Article 226 of the Labor Code. The employee does not bear the cost of financing measures to improve working conditions and labor protection.

On punishment ... In accordance with part 3 of article 5.27.1 of the Code of Administrative Offenses of the Russian Federation, the admission of an employee to the performance of his labor duties without undergoing training and testing knowledge of labor protection requirements in the prescribed manner, as well as mandatory preliminary (when applying for a job) and periodic (in during employment) medical examinations, mandatory medical examinations at the beginning of the working day (shift), mandatory psychiatric examinations or in the presence of medical contraindications - entails the imposition of an administrative fine:

  • for officials in the amount of 15,000 to 25,000 rubles;
  • for individual entrepreneurs in the amount of 15,000 to 25,000 rubles;
  • for legal entities in the amount of 110,000 to 130,000 rubles.

Part 3 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation includes, among other things, a psychiatric examination of employees. The amount of the fine depends on the number of unexamined workers.

It should be noted that there are also sectoral regulations governing the procedure for undergoing medical (including psychiatric) examinations. For example, Russian Railways is subject to Order No. 2924r dated December 14, 2015 “On Approval of Model Rules for Employees of Russian Railways to Pass Medical Examinations, Psychiatric Examinations and Psychophysiological Examinations (During Working and Non-Working Hours) and Compensation to Employees of JSC “ Russian Railways" costs associated with their passage ".

And in conclusion, we suggest that you familiarize yourself with the list of documents (the audit was carried out in St. Petersburg in the summer of 2016), the submission of which by a legal entity, an individual entrepreneur, is necessary to achieve the goals of the audit state inspection labor in terms of fulfilling state regulatory requirements for the organization of medical examinations and psychiatric examinations.

DOWNLOAD RELATED DOCUMENTS

Sample Order on the Appointment of Persons Responsible for Organizing Mandatory Psychiatric Examinations of Employees official group on VKontakte Svetlana Podberezina.

That's all. If you liked the note, don't forget to put rating stars a little lower;) Thank you for your support!

To be continued …

According to Government Decree No. 695 “On the passage of a mandatory psychiatric examination by employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as with Decree of the Government of the Russian Federation dated 04.28.1993 No. 377 Employees engaged in certain types of activities must undergo a mandatory psychiatric examination (OPE).

OPO is the main part of any medical examination (preliminary, extraordinary, periodic). Most often, HPF is required for workers who are in daily contact with substances harmful to health, or for those who are exposed to adverse production factors and operate in high-risk conditions.

Baltiysky Medical Center, for the convenience and improvement of the quality of service to its clients, received a license to carry out HIF for employees engaged in certain types of work. Our center has a full staff of specialists and all the necessary equipment for conducting OPO.

When might an OP be required?

Referring to the Labor Code of the Russian Federation, the employer does not have the right to allow an employee to his work activity who has not passed mandatory medical examination. Moreover, he is obliged to remove him from activities until the completion of the medical examination. The PPO procedure is aimed at identifying (excluding) deviations in the employee's mental health, which may adversely affect his professional activities. Fatigue, excessive excitability, loss of control over one's behavior, inability to make the right decision in difficult situations, serious mental disorders - all these factors contribute to the emergence of risks to harm the health of others.

How is the OPO carried out?

HPF is carried out before a preliminary (when hiring) or before a periodic (every five years) medical examination at the expense of financial resources the employer himself and is carried out only by a highly qualified medical psychiatric commission. The Medical Commission consists of three or more highly qualified psychiatrists.

For PBO, the employee must present the appropriate referral issued directly by the employer. In the referral, the employer must indicate the field of activity in which a particular employee is engaged, and his working conditions, which are indicated in the List. In addition, the employee must present a passport or any other document that proves his identity.

PIF is carried out within 20 days after the employee applies to the psychiatric commission. If necessary, the commission of psychiatrists may request from various medical institutions Additional information about the health of a particular employee, while the employee is notified about this in advance. The decision will be made within ten days from the receipt of the requested information.

Conclusion on HPF

The conclusion of the GRO is based on a decision taken by the commission by voting. The conclusion of the GRO prescribes the suitability or unsuitability of a particular employee to perform their own duties in those types of activities that were indicated by the employer in the direction.

The conclusion is drawn up in writing and issued directly to the employee. He confirms the receipt with his own signature. During the same period, the commission notifies the employer of the decision made by the GRO, where it indicates the date the conclusion was made and issued to the employee.

Refusal to pass the OPO

In case of refusal of an employee to undergo an HIF, the employer removes him from work without saving wages. Refusal is made in documentary form. If the employee disagrees with the conclusion of the commission, he has the right to appeal against it in court.

MC "Baltiysky" has a license to conduct hazardous production facilities, staffed with the necessary specialists, as well as the latest equipment for the implementation of such services. The medical commission for conducting public health education is registered with the Local Administration municipality Admiralteisky district of the city of St. Petersburg.

* The offer is valid for legal entities
* Personal offer get from the clinic manager

A medical commission licensed to conduct a psychiatric examination; Time convenient for you (the procedure takes no more than 30 minutes); Friendly and knowledgeable professionals.

Leave your phone number.
The clinic administrator will call you back.

Sign up for an appointment

Mental health of a person is directly related to his ability to exercise different types work. This is especially true for professions that involve interaction with people, dangerous working conditions, the need to quickly respond to changing circumstances. It is these professions that are extremely demanding on the speed of a person’s reactions, his endurance and self-control, the ability to control the situation and sensibly assess the surrounding reality. In a word, people in positions of responsibility must be completely mentally healthy.

In our clinic, you can undergo a psychiatric examination for only 500 rubles, it is possible for specialists to visit the organization.

ALGORITHM FOR OBLIGATORY PSYCHIATRIC EXAMINATION OF CITIZENS APPLYING FOR A EMPLOYMENT CERTIFICATE.

Order of the Department of Health of the City of Moscow dated September 18, 2008 No. 705 “On the organization of mandatory psychiatric examination of workers engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as workers under conditions of heightened danger.

Who needs a psychiatric evaluation?

There is a federal list of professions whose representatives are required to undergo this type of examination at least once every 5 years. Mental disorders are a contraindication for work at height, work in extreme conditions (for example, underground or in the climate of the Far North), work related to the carrying and storage of weapons, trafficking in psychotropic drugs and drugs. Certified mental health is a mandatory requirement for firefighters, police officers, school teachers, motor vehicle drivers, office workers and representatives of some other areas.

How is the examination carried out?

If you are about to undergo the procedure for the first time, most likely you are interested in the order of its implementation. The employer issues a referral indicating the type of activity and working conditions, then an expert commission, consisting of psychiatrists, conducts a self-examination. Its purpose is to establish whether the employee has a mental disorder, as well as to determine the relationship between the nature of this disorder and the ability to safely carry out professional activities, the type of which is indicated in the direction of the employer.

In our country, it is customary to be wary of psychiatrists, but in fact there is nothing to fear: an adequate person who is of sound mind will not be “attributed” to any diagnoses. Even if you come to the examination not in the best mood, this does not threaten you in any way. If the doctor notes that you have signs of depression and stress, he may advise you to seek advice, but there will be no professional restrictions in this case. Thus, there is no need to "prepare" for the examination.

Certification is a voluntary procedure. However, if you refuse to take it, this may be the basis for your dismissal.

To determine your mental health status, the doctor will ask you questions. Some of them may seem a little strange to you, but there are no random ones among these questions: the doctor will evaluate both the content of your answers and the speed of your reaction, and other nuances will not be left without attention. People suffering from mental disorders often have problems with abstract thinking, some diagnoses are characterized by incoherent speech, logical disorders and other features that are clearly manifested during personal communication.

The tour will take no more than 30 minutes.

Mandatory cases of examination

The legislation of the Russian Federation names the categories of employees who, in any case, must undergo a psychiatric examination during employment ( article 213 of the Labor Code of the Russian Federation):

  • minors (under 18 years of age);
  • applying for positions for which an examination is provided for by the Labor Code of Russia;
  • applying for positions for which examination is provided for by other laws of the Russian Federation.

Cases regulated by the Labor Code of the Russian Federation, in turn, are divided into three conditional groups:

1. Special working conditions (Part 1 of Article 213 of the Labor Code). This category of people is associated with work that has specific working conditions:

  • work with chemicals, explosives and other objects that pose a threat to health;
  • underground, as well as lifting and high-altitude work (in these cases, a person is checked for claustrophobia or fear of heights);
  • employees whose work is somehow related to transport (drivers, pilots, as well as dispatchers and traffic controllers);
  • work that poses an increased danger and the need to carry weapons (army, police, security agencies).

2. Social areas (Part 2 of Article 213 of the Labor Code of the Russian Federation).

This includes professions in areas related to service and social interaction:

  • places Catering and food industry;
  • trade and consumer services;
  • hospitals and clinics;
  • schools, children's camps, etc.
  • office workers

3. By decision of local authorities (part 4 of article 213 of the Labor Code of the Russian Federation). This group is ambiguous. It allows for various additional cases of mandatory psychiatric examination, which are established by decision of local governments, if there are sufficiently good reasons for this.

Rules for mandatory examination

The conditions to which the mandatory psychiatric examination of employees meets are regulated by the Government of the Russian Federation in Decree No. 695 of September 23, 2002. The document stipulates the rules for passing the procedure by persons working in conditions that pose a danger to the health of the citizen himself and the people around him:

  1. Regular psychiatric examinations are subject to persons working in positions that fall into the list of “Mandatory Cases”.
  2. The rules that are set Russian law regarding the right of a citizen to receive psychiatric care and guarantees of its provision, determine an exclusively voluntary basis for the examination of an employee.
  3. The purpose of the survey is to determine the suitability and suitability of mental health for admission to jobs that have special conditions.
  4. The assessment of the mental state is carried out by the SANMEDEKSPERTA commission, which consists of three specialists: two psychiatrists and a chairman.

    Check out the documents:

  5. Employees must undergo an examination procedure every 5 years (or more often, depending on the profession).
  6. When applying to SANMEDEKSPERT, a citizen must present documents confirming his identity.
  7. The enterprise issues a referral for examination to indicate the type of activity of the employee and his working conditions.
  8. The decision of the medical commission is issued to the employee on the day of the examination. The message of the medical commission on the date of the commission's decision and the date of its issue to the employee is sent to the customer in writing within 3 working days after its adoption. In cases for the necessary additional information, it is allowed to extend the period up to 30 working days with the obligatory notification of the subject.

In accordance with the Rules, a citizen has the right to familiarize himself with the results of the examination and, in case of disagreement, appeal against them in court.

Rules for passing a psychiatric examination (examination)

General provisions for employers and job applicants:

  • Mandatory psychiatric examination is required for applicants for positions associated with potentially dangerous activities (military service, chemical industry, etc.);
  • According to the current legislation of the Russian Federation, the examination is carried out exclusively voluntarily. Forcibly, research is assigned only in cases where a person poses a real threat to himself and / or society;
  • The examination is carried out only for the purpose of determining the professional suitability of the candidate or current personnel for the implementation of a particular category of work. Sometimes research is required to assess the mental state of an employee. The task of the event is to establish the relationship between the character of a person and the possibility of fulfilling it official duties;
  • Only qualified medical personnel from an independent commission have the right to conduct an examination;
  • No more than 20 working days should elapse from the moment the employee or applicant applies to the medical board;
  • The minimum frequency of examination for an employee is once every 5 years (in some positions - once every 6 months);
  • The employee has the right to ask questions related to the state of his mental health, during the entire period of the commission and after giving an opinion by doctors;
  • Appealing the result of the examination is permissible in a fixed manner, in accordance with legislative norms;
  • Refusal to pass the examination threatens the employee with removal from service. Repeated violation will result in dismissal.

The number of organizations and isolated institutions that require a mental health assessment when approving a candidate for a position is growing every year. Expertise is a responsible event that requires certain time and material costs. It is important that such procedures do not cause harm and moral damage to either employees or employers, but entail only positive results for all parties involved.

Responsibility for ignoring the need for survey

The approval of an employee who has not passed a psychiatric examination to an official position is punishable in accordance with Part 3 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation. Material liability(fine) rests entirely with the organization or head of the institution.

  • For officials in the amount of 15-25 thousand rubles;
  • For persons who carry out entrepreneurial activity without forming a legal entity - from 15-25 thousand rubles;
  • For legal entities, the fine is 110-130 thousand rubles.

The same penalties are relevant for the admission to the performance of work of a person whose mental state does not meet the prescribed standards.

Who can conduct an examination?

Psychiatric examinations have the right to conduct public and private clinics that have the wording psychiatry, psychiatric examination in the license. Professional medical commissions on psychiatry should work in the institution.

This rule is valid in accordance with the Decree of the Government of the Russian Federation of September 23, 2002 (No. 695).

The SANMEDEKSPERT clinic has all the documents that allow for an independent psychiatric examination within its walls.

Material and organizational aspects

All financial expenses provided for the procedure are borne by the employer. The organization may contract with private medical centers licensed for psychiatric examinations to help conduct regular assessments of employees and job applicants.

The direction is issued by the organization to the candidate for the vacancy if he is suitable for service according to other criteria. The deadlines for passing the commission are stipulated in individually according to the calendar plan.

When contacting the SANMEDEKSPERT clinic for an examination, you must have with you:

  • Identification document (internal passport of a citizen of the Russian Federation); military ID.
  • Referral from employer.

A citizen has the right to apply to a state or commercial structure licensed for a psychiatric examination, undergo a psychiatric examination and reimburse this procedure by contacting the employer.

Mandatory psychiatric examination of workers in the Moscow region engaged in activities related to sources of increased danger

(You can read the order)

To undergo a mandatory psychiatric examination in the Moscow region, the patient must provide the following documents:

  • passport,
  • referral from the employer.
  • medical documents:
  • outpatient card,
  • medical examination card,
  • a certificate from a psycho-neurological institution at the place of permanent registration (if the patient does not work at the place of permanent registration),
  • medical report based on the results of the previous examination (if any),
  • military ID (for those liable for military service).

According to the results of the examination, the clinic specialists form the following documents:

If the commission reveals contraindications for the implementation of the declared work and recognizes the employee as unfit, the patient is offered to undergo an additional examination in order to be transferred to another position.

Questions and answers

Who conducts the examination - a psychologist or a psychiatrist?

Answer:. The competencies of a psychiatrist and a psychologist are different: the first specialist has medical education and has the right to diagnose and treat. The second one is not. Psychiatric examination is a purely medical measure carried out by a doctor.

If I've been diagnosed and I don't agree with it, what should I do?

Answer: In this case, you can be re-examined. An independent medical commission will examine you again, after which the diagnosis will either be confirmed or withdrawn.

What tests will need to be passed during the examination?

Answer: Not complicated. The psychiatrist may, for example, ask you a question about the meaning of a certain proverb or saying, or ask how much is two multiplied by seven. You should not be indignant - no one suspects you that you did not go through the multiplication table. Ask questions and observe the patient's reaction - professional duty doctor.

Do office workers need to undergo a psychiatric examination when they are hired and periodically - once every 5 years?

Answer: These employees are required to undergo a mandatory psychiatric examination at least once every five years if they carry out activities or work under the conditions provided for by the List of medical psychiatric contraindications for certain types of professional activities and activities associated with a source of increased danger (approved by Decree of the Government of the Russian Federation dated 04/28/1993 N 377).

Legal rationale

According to part 5 of Art. 213 of the Labor Code of the Russian Federation, employees engaged in certain types of activities, including those associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger, undergo a mandatory psychiatric examination at least once every five years the procedure established by the federal executive body authorized by the Government of the Russian Federation.

Decree of the Government of the Russian Federation of September 23, 2002 N 695 approved the Rules for the passage of mandatory psychiatric examination by employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as those working in conditions of increased danger approved (hereinafter - the Rules).

As follows from the Rules, employees engaged in certain types of activities, as well as those working in conditions of increased danger, provided for by the List of medical psychiatric contraindications for the implementation of certain types of professional activities and activities associated with a source of increased danger, undergo mandatory psychiatric examination. This List was approved by Decree of the Government of the Russian Federation of April 28, 1993 N 377.

Information portal of Rostrud "Onlineinspektsiya.RF", June 2016

To share with friends:
Similar posts