Referral for an extraordinary medical examination at the initiative of the employer sample

In order to determine the professional suitability and assess the health status of working citizens, the employer must periodically issue them with referrals for a medical examination.

There are several types of this procedure - periodic, preliminary examination, etc.

In this case, we will talk about an extraordinary examination, which has many distinctive characteristics.

Who initiates and how extraordinary medical examinations are carried out

Extraordinary medical examinations, as the name suggests, are not carried out periodically, outside the schedule. Their goal is to identify health problems in individual workers or groups of workers during the period between routine medical examinations. Similar medical examinations may be carried out:

at the initiative of the employee;
at the initiative of the administration.

Article 219 of the Labor Code of the Russian Federation states that an employee has the right to undergo an extraordinary medical examination for medical reasons. He retains his position and average earnings, expenses are borne by the enterprise (Articles 212, 213 of the Labor Code of the Russian Federation). At the same time, Article 214 of the Labor Code speaks of the right of the administration to require additional examination from doctors in special cases.

The procedure for conducting medical examinations for employees is established by Order 302n dated 04/12/11 of the Ministry of Health and Social Development. Despite the fact that the title of the document only mentions mandatory preliminary and periodic examinations, Rostrud recommends that you be guided by it when conducting an extraordinary medical examination.

Important! The rules for undergoing extraordinary medical examinations must be prescribed in the LNA. Otherwise, employees may have problems exercising their right to an extraordinary medical examination.

Extraordinary examinations, like scheduled ones, are carried out in a medical institution, on the basis of an agreement with the enterprise.

On whose initiative and direction an unscheduled medical examination can be carried out

The law does not provide a clear list of persons who can initiate the referral of an employee for an unscheduled medical examination, but a conclusion about this can be drawn based on an analysis of regulations. Thus, the Labor Code of the Russian Federation and Order of the Ministry of Health and Social Development of the Russian Federation No. 302n explain in what cases such a right is given to the employer, and clause 6.3 of the Regulations on the Federal Supervision Service ..., approved by Decree of the Government of the Russian Federation of June 30, 2004 No. 322, makes it possible to conclude that that Rospotrebnadzor has such a right to make decisions within the sphere of activity entrusted to it.

In addition, every citizen of the Russian Federation has the right to undergo an extraordinary medical examination on the basis of Part 1 of Art. 219 Labor Code of the Russian Federation. Moreover, in accordance with Art. 214 of the Labor Code of the Russian Federation, an employee is obliged to inform the employer about the deterioration of his health and the possible development of occupational diseases. However, in order for such an examination to be paid for by the employer, the employee must contact the employer and ask for an appropriate referral to an institution with which the enterprise has an agreement to provide medical services to employees. The employer is not required to pay for an unauthorized medical examination. If the employee was absent without permission, without notifying the employer, and refers to undergoing an examination, then he must submit documents confirming this fact for justification, which does not cancel the fact of the disciplinary offense and does not oblige the employer to pay for it.

The responsibilities of Rospotrebnadzor include monitoring the sanitary, hygienic and epidemiological situation in the territory under its jurisdiction. Based on clause 6.3 of the regulations, approved. By Decree of the Government of the Russian Federation No. 322, territorial bodies of Rospotrebnadzor can issue written instructions for sending employees for extraordinary medical examinations. For example, in the event of an incidence of tuberculosis at a particular enterprise, it is possible to order an extraordinary fluorographic examination of all its employees.

The employer can also initiate an unscheduled medical examination of employees. For some categories of workers provided for in regulations, it will be mandatory.

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At the initiative of the employee

Most often, the need for an unscheduled medical examination is identified based on the results of the previous periodic medical examination. examinations, when the employee receives appropriate recommendations from specialists. At the employee’s request, the administration is obliged to provide him with time to see doctors and pay for their services.

According to Rostrud specialists, under the medical recommendations mentioned in Art. 219 of the Labor Code of the Russian Federation, one should understand the information set out in a specially issued act, based on the results of a periodic inspection (clause 43 pr. 302n).

This could be lists of employees with a preliminary diagnosis of an occupational disease, a list of identified chronic diseases, recommendations from a medical institution to the employer on carrying out preventive and health measures in the work team, and other information indicating the need for a medical examination. This point of view, in particular, is set out on the official website of Rostrud of the Komi Republic.

At the same time, from the text of Art. 219 it follows that the need for a medical examination may also become apparent when citizens seek medical help privately and, if necessary, obtain sick leave.

To undergo an extraordinary medical examination, an employee must write an application. If medical indications really exist and are recorded in the documents of the medical institution, the administration’s refusal will be a violation of the law.

Consequences of avoiding medical examinations and failure to fulfill the obligation to organize them

An analysis of regulations shows that for representatives of most professions an unscheduled inspection at the request of the employer is not mandatory. Refusal to be examined will not entail any consequences for such employees. However, representatives of professions expressly designated in the Labor Code and other regulations do not have the opportunity to evade a legally prescribed inspection, including an unscheduled one. If this happens, management does not have the right to allow the employee to work.

Despite the fact that an extraordinary medical examination is not mandatory for most employees, the Code of Administrative Offenses of the Russian Federation provides for liability for an employer who neglects its responsibilities in the field of labor protection. For example, if the employer did not comply with the instructions of the state body to send the employee for an extraordinary inspection and allowed such an employee to work, he faces liability under Part 3 of Art. 5.27.1 in the form of a fine for legal entities from 110,000 to 130,000 rubles, and for entrepreneurs working without forming a legal entity - 15,000–25,000 rubles.

If neglect of a medical examination results in serious harm to health or death, then criminal liability may arise under Art. 143 of the Criminal Code of the Russian Federation. Therefore, the employer should retain all referrals for medical examinations, including extraordinary ones, for employees who have the right to refuse to undergo them, as evidence of fulfillment of duties to protect the employee’s health. If, despite the employer’s offer, the employee refused a medical examination, exercising his right, which subsequently resulted in his death, then we can talk about the employee’s abuse of his right and the employer’s release from liability.

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It remains to conclude that an employee can be sent for an extraordinary medical examination at his own request, at the initiative of the employer if there are medical recommendations, or by decision of the Rospotrebnadzor authorities in a situation that raises concerns about the sanitary or epidemiological situation in the region.

At the initiative of the employer

Article 212 of the Labor Code of the Russian Federation declares the obligation of the administration, within the framework of compliance with labor and other legislation, to organize extraordinary medical examinations at its own expense. The employee, according to Art. 214 of the Labor Code of the Russian Federation, does not have the right to ignore the direction of the administration for such a medical examination.

Situations in which responsibility for the implementation of extraordinary complex medical surveys fall solely on the employer, and are varied:

Epidemic in the region. As a rule, employers receive orders from regional authorities for unscheduled inspections as part of compliance with labor safety measures.
Third Party Complaints. Usually these are clients or colleagues of the employee who have complaints about the quality of his work. Deterioration in working capacity may be due to the need to unscheduled check his health.
Orders of the competent authorities (SES, Rostrud) in relation to a specific employee.
Accidents at the enterprise, accidents, incidents that may lead to a deterioration in the health of the team or part of it.
Changes in production technologies, working conditions, establishment of such changes based on the results of inspections by competent authorities and experts. What plays a role here is the change in the class of working conditions at individual workplaces and the ability of employees to work in accordance with them.

There is no unified form of referral for an extraordinary medical examination. It must be enshrined in the LNA. All directions are recorded in the journal for issuing directions, which is maintained at the enterprise.

Referral for a medical examination from the employer - form, sample

Therefore, it is permissible to conduct an examination at an enterprise if the medical institution is ready to provide you with specialists and the equipment necessary for the medical examination. The medical organization must also determine the procedure for conducting an on-site medical examination and the conditions that need to be created for this at the enterprise. Do plumbers need medical records? Should plumbers engaged in servicing the population have a medical record? Irina TOLMATSKAYA, head of housekeeping (Tyumen) Yes, they should. Plumbers are associated with public utilities and consumer services. They need to undergo a medical examination and receive a medical certificate in the prescribed manner.

Moreover, if it is discovered that the candidate is not suitable for the position due to health reasons, based on the corresponding conclusion, he will be denied employment, as stated in Part 3 of Art. 84 Labor Code of the Russian Federation. Art. 213 of the Labor Code of the Russian Federation establishes several types of medical examinations:

Preliminary, that is, before employment.
Periodic, that is, mandatory after a certain period.
Extraordinary (unscheduled), that is, established for a separate category of employees.

Preliminary medical examination upon hiring, form Under the terms of Art. 213 of the Labor Code of the Russian Federation, citizens applying for a job with harmful or dangerous working conditions or related to transport, work in the food industry, education, must undergo a preliminary medical examination.

Briefly

Unscheduled medical examinations can be carried out at the initiative of employees or management. The Labor Code of the Russian Federation, if there are sufficient grounds, establishes the obligation to undergo unscheduled medical commissions for employees and prohibits employers from preventing them from undergoing them.
An employee can initiate the procedure on the basis of medical recommendations, an employer - for a number of reasons, including orders from regional authorities, regulatory authorities, an emergency at the enterprise, changes in working conditions, complaints against an employee from third parties.

Extraordinary medical examinations of employees

Important
We are sure that all of the above raises a very reasonable question in your mind: what should we do as representatives of the employer? Suspension from work in cases provided for by law is not a right, but an obligation of the employer. We believe that in such a situation you should not deviate from the Procedure for conducting examinations. In this regard, the “initiative” employee should be sent to a medical organization with which an agreement has been concluded. Labor legislation obliges the employer to remove from work (not allow to work) an employee who has not undergone a mandatory medical examination (examination) in accordance with the established procedure in cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation (Art.

76 Labor Code of the Russian Federation).

Is there an obligation on the employer?

Regulatory acts practically do not regulate extraordinary medical examinations at the initiative of the employer. The legislation only establishes the obligation to check the health status of the following categories of workers:

for persons who have not reached the age of majority; for workers who work on a rotational basis or in the northern region;
for persons who perform work in conditions hazardous to life and health;
employees whose activities relate to driving a vehicle ;
catering and trade workers;
persons who are engaged in teaching activities ;
employees of medical, law enforcement and sanitary institutions.

As a rule, the obligation relates to initial and routine inspections. But there are a number of situations in which a medical examination is required, regardless of the plan . Necessity arises as a result of special circumstances. It is worth considering each case in more detail.

According to the order of regional authorities due to the deterioration of the sanitary and epidemiological situation in the area. In this situation, the employer may be obligated to send employees for medical examination.

On the other hand, he can independently take the initiative , acting in the interests of the employee in accordance with increased labor protection measures.

When a complaint is received by an organization that contains a complaint against a specific official in connection with a possible illness, the employer is obliged to respond appropriately. Also, the employee is sent out of turn for examination when other employees apply.

At the request of authorized bodies. labor inspectorate official suspects a possible pathology in an employee of the enterprise, the employer is obliged to issue a referral for examination at a medical institution.

As a result of an industrial accident or emergency , the employer sends staff to check the health status in order to timely identify or prevent negative consequences.

If, as a result of an assessment by experts, working conditions are determined to be harmful or if the activity of the enterprise changes, employees are required to be sent for an unscheduled medical examination.

The purpose of the test is to determine the state of health and the ability to perform job duties in new conditions. Before allowing an employee to work, the employer must ensure that his condition allows him to perform the work.

Note! In these situations, the employer is obliged to issue a referral and the employee to undergo a medical examination. Otherwise, he is suspended from performing official duties.

Important to remember!

It is imperative to remember that the employee must receive all notifications about the need to undergo VMO under signature, otherwise he may later want to refute the legality of the employer’s actions in court.

For example, if you send letters by mail, he may not receive them, and they will be returned to you. In this case, you need to go home and hand over the documents in front of witnesses.

Although such an inspection is not a common situation that arises in an organization, it does happen!

I hope I was able to fully explain when extraordinary medical examinations of employees are carried out, because by organizing this event correctly, you can protect the health of not only one employee, but also his colleagues.

And in order for you to carry out the whole process competently, since employees are stubborn people, and you also need to protect the employer from human stupidity, I shared my experience in preparing all documents from A to Z in accordance with the Labor Code.

I wish you safe and efficient work! And also after reading the article, I ask for me and other people in the industry to share their experiences and discuss in the comments.

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https://www.youtube.com/watch?v=ytadvertiseen-GB

If you want to play it safe and not mess up when conducting an extraordinary medical examination, please contact me, I will help you prepare everything you need.

How to refer an employee for a medical examination

If it becomes necessary for an employee to undergo a medical examination, it is necessary to adhere to the regulated procedure and correctly document the procedure.

The legislation does not provide specific guidance regarding employer initiatives. A mandatory referral is issued only in situations listed above.

In general, an inspection is carried out out of turn in accordance with the requirements of the relevant authorities in the field of labor protection. An employee also has the right to independently contact the management of the enterprise with a request to undergo a medical examination.

In other situations, the employer can only send staff to a routine or primary medical examination.

If an employee suspects illness, they first contact a medical institution, which conducts routine checks of the employee’s health. A letter is sent to the chief physician with a detailed description of the symptoms that raised suspicion.

Additionally, documents are attached that act as confirmation of the disease (if such documents are available).

After reviewing the letter, a referral is issued based on the recommendations received from the doctor.

The legislation does not establish a strict template, but puts forward mandatory requirements for the content of the document. The following information must be included in the direction:

full name of the organization where the employee works;
legal details including the form of ownership of the enterprise and type of activity;
name of the medical institution, address;
What type of medical examination is it issued for?
personal data of the employee who is sent for a health check.

The document also indicates the position and working conditions. The direction is recorded in a special journal. Then the employer issues an order for a specific employee to undergo a medical examination.

The costs of the inspection are paid by the employer.

Legislation

This functionality is fully consistent with the goals of creating a software product to ensure that organizations and enterprises undergo preliminary, periodic, in-depth, additional and psychiatric medical examinations of workers, determined by Order No. 302n dated April 12, 2011, as well as psychiatric examinations under Order No. 695 dated 23 September 2002

The program configuration contains lists of harmful and dangerous factors, types of work, determined by Order No. 302n of April 12, 2011 and Resolution No. 377 of April 28, 1993.

When it is carried out for employees - reasons

The subject of medical examinations is under state control.

The Labor Code of the Russian Federation devotes several articles to this issue, the main ones of which can be considered articles 212, 213 and 219.

An unannounced examination is a medical examination that was not planned in advance. It should be noted that each enterprise must have a special schedule, according to which the company’s management sends employees to a medical facility for the purpose of a medical examination. There is no date for extraordinary medical examinations in the document.

The initiative to conduct an unscheduled medical examination can come from both the employer and the employee. At the same time, it is important to remember that it is impossible to simply send a worker for examination without serious reasons.

Significant circumstances prompting this action may include the following factors:

the employer receives a complaint from a third party. For example, one employee noticed that another began to feel significantly worse. In this situation, the first person has the right to contact his superiors to clarify the situation. The employer, in turn, has the right to issue the employee a referral for an extraordinary medical examination;
deterioration of the epidemiological and sanitary situation in the region where the company is located. The need to improve measures to protect the health of citizens should be initiated by executive authorities;
receipt of a requirement from the labor rights inspectorate or the sanitary and epidemiological service. Higher authorities have the right, without giving a reason, to require the company’s employees to undergo extraordinary examinations if they suspect that the company’s employees may be sick;
Emergency. When such situations arise, the likelihood of developing negative consequences for workers’ health increases;
change in production conditions. In this case, it is implied that the working conditions have been assigned some degree of danger or harmfulness. To carry out professional activities in this area, workers must have appropriate physical training.

If the need to visit a medical facility is caused by the reasons stated above, the employee cannot refuse the employer. Otherwise, the latter may reprimand him, reprimand him, and even fire the employee.