A fairly large number of citizens work as drivers, driving buses or trucks, and not all of them understand that a car is a source of increased danger.
Therefore, you can’t not only drive while drunk, but also have health problems.
High blood pressure, headache and fever are a danger not only for the driver himself, but also for surrounding citizens, therefore, before the car goes on the road, the organization is obliged to check the person driving it, observing all legal standards.
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How to organize pre-trip and post-trip medical examinations
The need for medical examinations is regulated by law; among other things, changes and additions are regularly made to regulations.
It is recommended that workers should not be allowed to drive a vehicle if they cannot perform the job safely. This must be done for:
- Road safety.
- Preserving the life and health of all traffic participants.
- Ensuring the safety of the vehicle and cargo.
- To protect the environment from external negative influences.
For post-trip MOs:
- Determine cases of occurrence of natural hazards as a result of production activities.
- The behavior of car drivers must be monitored.
After passing the medical examination, it is mandatory to undergo these types of examinations.
Paperwork
The first page of the standard provision looks like this:
In this document, the employer must regulate the organization of pre-trip medical examinations of its employees, in particular:
- indicate the content of medical examinations;
- determine the implementation of individual procedures as part of the medical examination;
- determine the conditions for the procedure;
- establish criteria for allowing drivers to work after passing a medical examination;
- determine the responsibilities of medical institutions with which an agreement has been concluded or establish the need to hire a full-time health worker.
Who has the right to conduct medical examinations?
Let us pay attention to paragraph 1.6 of the Regulations page shown above. It says that conducting medical examinations is the prerogative of medical workers. This follows from paragraph 8 of the Procedure, approved by Order No. 835n. So, you can only trust this procedure to:
- health workers with higher and (or) secondary vocational education (including employees on the employer’s staff);
- medical organization or other organization carrying out medical activities.
In addition, if we are talking about a full-time medical worker, then on the basis of Article 12 of the Federal Law of May 4, 2011 N 99-FZ, the organization will have to obtain a license to carry out medical activities. This is justified only in the case of a large staff of drivers. Most often, organizations and individual entrepreneurs simply enter into an agreement for the provision of such services with those organizations that already have a license. This point must be carefully checked before concluding a contract. By the way, all costs for these activities are borne exclusively by the employer, as provided for in Article 212 of the Labor Code of the Russian Federation and Article 213 of the Labor Code of the Russian Federation.
Which drivers undergo pre-trip and post-trip medical examinations?
The differences in medical examinations are as follows:
- Pre-trip tests are mandatory for every driver in the company. The exception is APT workers who leave immediately for a flight and are called by emergency response services. The time is set earlier, but every second is important in order to get to the place where the unexpected event occurred.
- Post-trip tests are mandatory for drivers of vehicles involved in the transportation of goods or passengers.
This and that type of inspection is carried out in accordance with the regulations. The type of work performed determines the need for it. In this regard, even if the individual entrepreneur performs the functions of a driver independently, he also needs to undergo medical examination.
The organization conducting this event must have a certificate indicating permission for this type of activity. Responsibility for the work carried out lies with employers, so they have options:
- Attracting employees from clinics, but it is worth checking the availability of a license.
- Add an employee to the organization's staff responsible for carrying out training activities. The organization of the office depends on the number of workers and the organization of the office in the first-aid post. The job responsibilities of a specialist should include not only conducting a medical examination, but also providing first aid.
New in legislation
On December 21, 2020, Order of the Ministry of Transport of Russia dated August 8, 2018 N 296 came into force. Let’s consider the innovations of 2020. According to the new order, pre-trip control will need to be carried out before the start of the flight in the following cases:
- only one flight is performed per shift (working day);
- the duration of the flight exceeds the duration of the driver’s shift (working day).
Pre-shift control will need to be carried out before the start of the shift if the driver makes several trips per shift (working day).
Both types of control must be carried out before the vehicle leaves the parking lot. If several drivers work in shifts on the same vehicle, the time for control is before the start of the trip or shift (working day) of the one who leaves the parking lot first.
Drivers must undergo not only pre-trip, but also pre-shift, post-trip and post-shift examinations by a medical professional. At the same time, pre-trip medical examinations are mandatory for all employees driving. The exception is drivers of emergency vehicles (fire, ambulance, gas or water emergency). Such employees must necessarily see a doctor only before the start of their shift, because their departure for flights is unplanned. But after returning from a flight, a doctor must examine the driver who transported passengers or dangerous goods. All other drivers may not show up to the doctor after finishing work.
Why do you need a magazine?
After the event, information must be entered into the Journal.
Document maintenance is necessary for the following reasons:
- Recording the driver’s health status at the time of the trip.
- If an accident occurs, then all documents that reflect information about the employee are reviewed.
- A traffic police inspector can stop you on the road and conduct an inspection, and request the logbook separately from the organization.
- Logging is regulated at the legislative level, so it is a mandatory security feature.
Results
Russian employers who have such employees are required by law to keep driver inspection logs.
The recommended form of the corresponding document for pre-trip inspection was approved by Order of the USSR Ministry of Health dated September 29, 1989 No. 555. However, a log of post-trip examinations can also be kept on its basis. You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.
Journal structure
There is no uniform approach to the structure of the journal, but there is a recommendatory form. Each organization can independently draw up a document and approve it with a regulatory act for the enterprise. There is a method according to the structure:
- The first column indicates the serial number. The calculation begins from the moment the records begin.
- The date of the medical examination is the second column.
- The third indicates the driver’s full surname and initials.
- The driver's age is indicated in the fourth column.
- The fifth section provides a description of the complaints.
- Body temperature measurement indicator.
- Blood pressure level.
- Alcohol test.
- Driver's pulse.
- Expert opinion.
- Signature of the Ministry of Emergency Situations employee.
- On the front page there is a line about the organization in which the training is supposed to be carried out.
- In the middle of the sheet the name of the document is indicated: “Journal of pre-trip medical examination“
- In the lower right corner: the date when the journal started and ended.
If there are additional nuances when filling out the document, the information is reflected in the regulatory act of the organization.
Necessity and regulatory framework
Each business entity using commercial vehicles in its work is obliged to organize pre-trip inspections.
This procedure is regulated by Article 213 of the Labor Code of the Russian Federation, as well as Federal Law No. 196.
It is mandatory for an organization or individual entrepreneur to start a special journal, the maintenance of which is entrusted to a responsible person.
The data of medical examinations is recorded in this register, without which no driver has the right to drive a vehicle.
How to fill out a magazine, sample
Filling out the journal must be done in legible handwriting, without abbreviations. Filling is carried out in the following order:
- Serial number from 1 to last MO.
- It is indicated when the MO was carried out, that is, day, month and date.
- The driver's surname and initials must be written in full; abbreviations are not allowed.
- Date of birth or age of the ATP employee.
- If there are complaints about your health, this must be indicated. If they are absent, it is written: “no complaints.”
- After measuring body temperature, this indicator is written.
- What pressure is indicated in the next column.
- Using the device, the presence of alcohol in the blood is determined, that is, measurements are carried out with a special breathalyzer and recorded in a log.
- The pulse of the ATP worker is measured by a device, and the indicator is entered into a log.
- The specialist makes a conclusion about the general well-being of the employee, and a note is made as to whether he is allowed or not allowed to drive vehicles.
- The medical unit employee signs the log in the last column. This confirms the fact that the work has been done.
Content requirements
Commercial organizations and individual entrepreneurs must adhere to the regulations provided for by Order No. 835n. This legal act specifies that all business entities must record the results of driver examinations in pre-trip logs.
The following information must be reflected about each employee who is entrusted with driving a vehicle:
- FULL NAME;
- date of inspection and exact time;
- floor;
- Date of Birth;
- examination results;
- medical report;
- signature of the responsible person;
- signature of the driver who passed the inspection.
There is a unified form of this accounting register, approved by the appendix to the Order of the Ministry of Health No. 555 of 09.09.1989. Federal legislation allows business entities to independently develop forms of pre-trip control logs and record them in accounting policies.
In this case, the accounting register must contain all required columns and sections. It is also possible to maintain a journal in electronic form, but in this case it must be possible to print out its pages, and such a register must be endorsed using an electronic digital signature.
The medical worker must regularly report all the results of the pre-trip examination of drivers to management. The situation related to the removal of drivers from performing professional duties should be analyzed monthly.
If the driver systematically commits violations of the regime, such as drinking alcohol, or his health condition does not allow him to make the trip on time, then management must decide to replace personnel.
How long to store
All empty lines must be filled in; until then, the briefing log is kept. On the front side, the start and end dates of the document are noted. Although the regulations do not stipulate anything about storage, you do not need to immediately destroy the magazine.
It must be stored at the enterprise for 5 years from the date of completion of maintenance; if there are grounds for storage longer than this period, then this will not constitute a violation. The recorded information is relevant during the work shift and can also be used for accident investigation purposes.
Responsibility for the absence of a journal in the organization
For the absence of a document confirming the daily medical examination of drivers, fines are imposed on a legal entity; their amount is:
- For the driver - 3 thousand rubles.
- For the employee responsible for the production of cars - 5 thousand rubles.
- 30,000 thousand rubles. for the enterprise.
Administrative penalties are imposed on all motor transport structures.
Responsibility of the employer for releasing a driver onto the line without a medical examination
Allowing drivers to work without conducting a pre-trip or pre-shift medical examination is an administrative offense. Responsibility for such an act is provided for in Part 3 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation. The fine is:
- for officials and individual entrepreneurs - from 15,000 to 25,000 rubles;
- for legal entities - from 110,000 to 130,000 rubles.
For a repeated violation, an official or individual entrepreneur will pay a fine of up to 40,000 rubles, and may also face disqualification for a period of one to three years. The organization will be fined up to 200,000 rubles or its activities will be suspended for up to 90 days. This is discussed in Part 5 of the above-mentioned article.
You can also receive a fine for violating the procedure for conducting mandatory examination of drivers before a trip under Article 11.32 of the Code of Administrative Offenses of the Russian Federation. The fines are:
- for officials - from 2000 to 3000 rubles;
- for legal entities - from 30,000 to 50,000 rubles.
In this article, individual entrepreneurs are treated as legal entities with the appropriate fine amount. In addition, officials who allowed a vehicle to leave with a drunk driver behind the wheel may also be fined under Article 12.32 of the Code of Administrative Offenses of the Russian Federation. The fine will be up to 20,000 rubles. Organizations and individual entrepreneurs may be similarly punished. They will be fined 100,000 rubles.
How the event is held
Before you begin performing your duties as a driver, you must undergo a sobriety and health check. The event is carried out as follows:
- Examination by an ATP employee: gait, behavior and appearance are checked externally.
- A survey is taken about general well-being.
- The mucous membranes and skin are checked: injections, redness, pallor, dilated or constricted pupils.
- Blood pressure and pulse are measured using special instruments.
- Signs of alcohol intoxication, substance abuse or drug addiction are identified based on residual manifestations.
- If you carry out the latest research, you can use instrumental research. For example, when exhaling, the device shows the alcohol content in the blood.
When all stages have been completed, the employee conducting the inspection makes a conclusion about the employee’s admission to the flight for today. To do this, a stamp indicating positive completion of the medical examination is affixed to the waybill and certified by the signature of the person who conducted the medical examination.
If the driver fails to pass control, a protocol is issued, which specifies the reasons for the failure.
In what cases is access to work prohibited?
A driver's access to driving a vehicle is prohibited in the following cases:
- Confirmed alcohol or drug intoxication, regardless of stage. If the driver is allowed to perform professional duties in this condition, the person responsible for the medical examination and the management of the organization will be held administratively liable. In the event that a driver in such a state commits an accident, his actions will fall under the regulations of the Criminal Code. In this case, criminal liability may threaten all persons responsible for his admission to work.
- Persons who are ill are prohibited from driving commercial vehicles, regardless of whether it is a high fever or a more serious illness.
- It is strictly forbidden to allow drivers on the route who have surges in blood pressure (also low or high) or heart pain. In this condition, he may become ill while driving and lose control of the car.
- It is prohibited to drive commercial vehicles in a state of increased nervousness, after suffering stress, with an unstable psycho-emotional background, with increased aggression, etc.
It is worth noting that if the driver is released on a flight without undergoing a medical examination, then an administrative report will be drawn up against the guilty person, according to which he will have to pay penalties in the amount of:
- Individual entrepreneurs: 15,000-100,000 rubles. For a repeated offense, the fine increases to 40,000 rubles.
- Legal entities: 110,000-130,000 rub. For a repeated offense, the fine increases to 200,000 rubles. The activities of a commercial organization may be suspended for 90 days.
- Officials: 2000-20000 rub.