Does an employer have the right to require a medical examination on a day that is a day off for an employee? Is it legal for the employer to require the employee to undergo a periodic medical examination at his own expense with subsequent compensation for expenses? What conclusion did the RF Armed Forces come to regarding medical examinations for trade workers? What conclusion did the RF Armed Forces make regarding the passing of medical examinations by trade workers who are engaged in analytical and administrative activities? What liability does an employer face for allowing an employee to perform work duties without undergoing a mandatory medical examination, a mandatory psychiatric examination, or if he has medical contraindications?
Workers engaged in work with harmful and dangerous working conditions, as well as in work related to traffic, undergo mandatory preliminary (upon entry to work) and periodic medical examinations to determine the suitability of these workers to perform the work assigned to them and to prevent occupational diseases ( Part 1 of Article 213 of the Labor Code of the Russian Federation ). In accordance with medical recommendations, these employees undergo extraordinary medical examinations.
The procedure for conducting mandatory periodic medical examinations (examinations) was approved by Order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011 No. 302n “On approval of lists of harmful and (or) hazardous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the procedure carrying out mandatory preliminary and periodic medical examinations (examinations)" (hereinafter referred to as the Procedure , List of Factors , List of Works ).
According to Part 8 of Art. 213 of the Labor Code of the Russian Federation, the medical examinations and psychiatric examinations provided for by this article are carried out at the expense of the employer.
Let us recall that the Rules of financial support for preventive measures to reduce industrial injuries [1] stipulate that, at the expense of the amounts of insurance premiums, the insurer has the right to cover, in particular, the costs of conducting mandatory periodic medical examinations (examinations) of workers engaged in work with hazardous and (or) hazardous production factors ( clause “e” clause 3 ).
To justify the financial support for mandatory periodic medical examinations (examinations) of employees, the insurer submits a list of employees by name who are subject to mandatory periodic medical examinations (examinations), approved by the insured in accordance with the Procedure .
Name lists are developed in accordance with clause 19 of the Procedure based on the contingents of workers subject to periodic and (or) preliminary medical examinations, indicating harmful (hazardous) production factors, as well as the type of work in accordance with the List of Factors and the List of Works .
Workers exposed to harmful production factors specified in the List of Factors, as well as harmful production factors, the presence of which was established based on the results of certification of workplaces for working conditions, carried out in the prescribed manner, are subject to inclusion in the contingent and name lists.
The FSS in Letter No. 02-09-14/16-05-8715 clarified: the decision on financial support for mandatory periodic medical examinations (examinations) of employees is made by the executive body of the FSS on the basis of the submitted documents in accordance with the Rules for the financial support of preventive measures to reduce industrial injuries and on the basis of the Procedure .
The employer is obliged to suspend from work (not allow to work) an employee who has not undergone a mandatory medical examination in the prescribed manner, as well as a mandatory psychiatric examination in cases provided for by the Labor Code of the Russian Federation and other federal laws ( Part 1 of Article 76 of the Labor Code of the Russian Federation ).
