Pre-trip medical examination. Necessity, license, who has the right to conduct.

Legal norms - 2020 for conducting pre-trip medical examinations of drivers

It is noteworthy that the pre-trip medical examination of drivers is simultaneously regulated by several (not contradictory) regulatory sources:

by order of the Ministry of Health of the Russian Federation dated December 15, 2014 No. 835n;
letter of the Ministry of Health of the Russian Federation dated August 21, 2003 No. 2510/9468-03-32;
by order of the USSR Ministry of Health dated September 29, 1989 No. 555.

In addition, some aspects of pre-trip medical examinations of drivers are regulated by Art. 23 of the Law “On Road Traffic” dated December 10, 1995 No. 196-FZ.

The object of regulation of these legal acts partially coincides (and if we talk specifically about the pre-trip examination of drivers, it coincides completely), but the main document, the provisions of which employers should study, can be considered the most recent - Order of the Ministry of Health No. 835n.

Let us note that in all of these sources of law published by the Ministry of Health, there are provisions that require employers to use a special registration log to record the results of the pre-trip medical examination of drivers. Moreover, only the order of the USSR Ministry of Health No. 555 contains the recommended form of this journal.

For a sample driver pre-trip medical examination log, see here .

So, the most recent of these regulations regulating the conduct of medical examinations of drivers is Order No. 835n of the Ministry of Health of the Russian Federation. Its provisions are also relevant for 2020.

Requirements for the organization conducting the inspection

In order to carry out a pre-trip medical examination of drivers, you can contact any institution.
However, not all institutions meet the requirements for them:

there must be an appropriate license allowing you to engage in this type of activity;
there must be a specialist with a diploma - this document confirms that the employee has completed a training course and can carry out a pre-trip medical examination, as well as provide first aid if necessary;
must have a medical higher or secondary vocational education.

If the organization’s own employee carries out this procedure, then the same requirements are imposed on him. In addition, it can only work in a room specially equipped for this purpose.

These conditions must be observed. If they are neglected, fines may be imposed. For a driver who has not passed the inspection, a monetary penalty of 1000 - 1500 rubles is provided, for a medical worker - from 2 to 3 thousand rubles, and for an organization whose drivers have not passed this procedure, the fine ranges from 30 to 50 thousand rubles.

Therefore, it is better to spend some money on an inspection than to then pay fines.

Order No. 835n on pre-trip medical examinations of drivers

The main feature of Order No. 835n of the Ministry of Health of the Russian Federation is that it regulates not only pre-trip, but also pre-shift, post-trip and post-shift examinations of employees. According to this order, pre-trip medical examinations are mandatory for all drivers, except for those who work in emergency vehicles - only those medical examinations that relate to pre-shift medical examinations are mandatory for them. In turn, post-trip medical examinations are mandatory for those drivers who transport passengers and dangerous goods. The Ministry of Health also requires individual entrepreneurs who independently provide transportation services to undergo pre-trip and post-trip inspections.

If you have access to ConsultantPlus, check whether your pre-trip medical examination is carried out correctly. If you don't have access, get a free trial of online legal access.

For information about which employees are required to have a medical examination upon hiring, read the article “Art. 213 Labor Code of the Russian Federation: questions and answers" .

Key innovations for 2020

The new provisions of the regulations include several provisions that have changed the procedure for conducting a medical examination of the driver before a flight. Here are the most significant innovations:

The obligatory result of the medical examination is a record of the conclusion made in a special journal. It is this record that certifies that there are no medical contraindications to the driver performing his duties. At the same time, although Order No. 8358 obliges a medical worker to keep such a journal, a specific form of maintaining such a journal is not proposed. The only document that offers a model for maintaining such records is the order of the USSR Ministry of Health No. 555.
Regulatory documents adopted in 2020 expanded the list of drivers who are required to undergo medical examinations. Now only drivers of emergency vehicles (ambulances, fire trucks, etc.) are relieved of this duty. This category of drivers must undergo a medical examination only before a shift.
An important innovation is to clarify who exactly has the right to conduct pre-trip inspections. Legal acts give this right to persons with a medical education level of at least secondary. Also, the competence of a health worker must be confirmed by an appropriate license. A health worker may be part of the company’s staff or conduct examinations of drivers on the basis of a contract. The health worker himself must work in an organization that has also been licensed to conduct medical examinations.
To conduct medical examinations, a special room must be allocated, equipped with everything necessary according to the list given in the order.

Features of the pre-trip medical examination procedure for drivers

Order of the Ministry of Health of the Russian Federation No. 835n establishes that pre-trip medical examinations of drivers:

are carried out immediately before the start of a work shift in order to detect harmful and dangerous factors, as well as health conditions that may interfere with a person’s performance of work functions;
are financed and organized by the employer;
are carried out by medical professionals who have the necessary qualifications and work in the company’s staff or representing a third-party medical organization, with the appropriate license to carry out medical activities.

Order of the Ministry of Health No. 835n determines that pre-trip examinations include:

consideration of driver complaints;
conducting a visual inspection;
measuring temperature, pressure, pulse;
identifying signs of intoxication;
determining the percentage of alcohol in the blood;
determination of the presence of psychoactive substances.

Based on the results of the pre-trip medical examination, the doctor makes a conclusion that:

no harmful and dangerous factors or health conditions that prevent the driver from performing his job function have been identified (and therefore the driver can start working);
relevant factors or conditions have been identified (and therefore the driver cannot be allowed to work).

In both cases, the employer is informed about the results of the medical examination. In the second scenario, if factors and health conditions that prevent the driver from working are identified, then the employee is issued a certificate for subsequent contact with a medical organization in order to receive the necessary assistance.

You can find out how an employer can organize pre-trip and post-trip medical examinations by receiving a free trial access to K+.

Inspection according to the contract

If an organization or individual entrepreneur has few drivers, then hiring a medical specialist for them to conduct an examination is unprofitable. The fact is that then you will have to pay the employee a salary, which will be higher than this procedure costs in special institutions.

In this case, most employers resort to cooperation with other organizations that have a license to carry out PME. In other words, they enter into an agreement with each other.

You can choose where to undergo the inspection:

pre-trip examination of drivers is carried out not only in medical institutions, but also in various companies;
some organizations are created specifically to conduct PME - as a rule, these are private companies;
Some laboratories also do this;
the examination can be carried out at a medical center.

There are organizations that specifically contact third-party companies for medical examinations. This is done in order to completely eliminate the fact that the driver is driving in an inappropriate condition. The fact is that under such circumstances, the health worker and the driver will not know each other and the specialist will not make concessions “for his own” by establishing admission without verification. In this case, the doctor will completely examine and draw a conclusion based on the condition. If an employee is intoxicated, he will definitely not be allowed to drive. For the employer, this is only an advantage, since possible problems will not arise for him later.

Regulations on the organization of pre-trip medical examinations of drivers

In addition to Order No. 835n, the letter of the Ministry of Health of the Russian Federation dated August 21, 2003 No. 2510/9468-03-32 also retains legal force. It states that the employer, for conducting pre-trip medical examinations of drivers, can approve a separate local legal act - a regulation on the organization of appropriate examinations. The standard form of this provision is approved in Appendix 2 to the specified letter of the Ministry of Health. This provision implies regulation:

organizing pre-trip medical examinations;
content of medical examinations;
carrying out certain procedures as part of medical examinations;
conditions for medical examinations;
criteria for allowing drivers to work after passing a medical examination;
responsibilities of medical institutions that conduct medical examinations.

See the structure of the order for medical examination by employees of the enterprise here .

Is it possible to collect a fine from a driver who was issued for going on the line without a pre-trip medical examination? The answer to this question is in ConsultantPlus. Learn the material by getting trial access to the system for free.

Order of conduct

The results of the pre-trip medical examination are recorded in the journal

The new legislation defines several components of a medical examination:

What health complaints are coming from the driver himself?
Inspection according to a specialist.
Measuring body temperature, blood pressure and pulse.
Are there any signs of intoxication?
Whether the driver took substances that affect the psyche.
A breathalyzer measures the percentage of alcohol in the blood.

That is, the skin, eyeball, mouth, and pupils are practically examined for reactions. Afterwards, the driver is asked a series of questions about his state of health at this time and what his mental state is at this moment.

Afterwards, blood pressure and pulse are measured. If the driver has hypertension, the doctor must indicate the pressure limits according to which admission to the flight is made.

They are easy to calculate based on data from ten days, taken as an arithmetic average. The presence of alcohol in the blood is detected using a breathalyzer, and drugs in the blood can only be determined on the basis of laboratory tests.

Results

Conducting a pre-trip medical examination of drivers is an employer’s obligation provided by law. During its implementation, it is important for the enterprise to comply with the procedures provided for by the provisions of Order of the Ministry of Health of the Russian Federation dated December 15, 2014 No. 835n.

You can study other nuances of medical examinations by employers in the articles:

“Medical examination upon hiring (nuances)”;
“Medical examination when applying for a job - procedure and nuances”.

Sources:

Federal Law of December 10, 1995 No. 196-FZ
Labor Code of the Russian Federation

You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.