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"The creation on the basis of medical institutions subordinate to the Federal Medical and Biological Agency, medical psychiatric commissions of compulsory psychiatric examination of workers engaged in certain activities, including activities related to the sources of increased danger (with the influence of harmful substances and unfavorable factors of production) as well as working in an increased danger "
EDITION OF 07.09.2015 - Document does not work
Federal Medical Biological Agency
ORDER
from September 7, 2015 N 170
Establish on the basis of medical organizations, subordinate to the Federal Medical and Biological Agency, MEDICAL PSYCHIATRIC COMMISSIONS of mandatory psychiatric examination EMPLOYEES ENGAGED IN CERTAIN TYPES OF ACTIVITIES, INCLUDING activities related to the source of increased danger (with the influence of harmful substances and unfavorable factors of production) As well as working in conditions of increased danger
1. Approve:
1) temporary typical position of medical psychiatric commission of medical organization for compulsory psychiatric examination of workers engaged in certain activities, including activities related to the sources of increased danger (with the influence of harmful substances and unfavorable factors of production), as well as working in hazardous (Annex N 1) ;
2. The heads of medical institutions subordinate to the Federal Medical and Biological Agency, serving the workers engaged in certain activities, including activities related to the sources of increased danger (with the influence of harmful substances and unfavorable factors of production), as well as working in high-risk:
1) to work on education in their respective medical institutions medical psychiatric commissions of compulsory psychiatric examination of workers engaged in certain activities, including activities related to high-risk sources (with the influence of harmful substances and unfavorable factors of production), as well as working In conditions of increased danger (hereinafter - medical psychiatric commissions):
a) take measures to staffing institutions with relevant specialists and acquisition of medical equipment necessary for compulsory psychiatric examination;
b) carry out activities to obtain a license for medical activities, providing for work (services) on "psychiatric examination";
c) organize the work of medical psychiatric commissions and medical commissions on preliminary and periodic medical examinations in accordance with the Government Decree Russian Federation dated 09/23/2002 N 695 "On the passage of compulsory psychiatric examination by employees," carrying out certain types of activities, including activities related to sources of increased hazard (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger ", Other applicable federal regulatory legal documents, the charters of institutions and this order.
2) To bring to the attention of the administrations of serviced organizations, the procedure for holding a mandatory psychiatric examination of employees and the recommended form of a form of reference to a mandatory psychiatric examination.
3) up to November 30, 2015 report to the Federal Medical-Biological Agency, Department of Health of the work done by the organization of compulsory psychiatric examination of workers engaged in certain activities, including activities related to high-risk sources (with the influence of harmful substances and Adverse production factors), as well as working in conditions of increased danger.
3. Control over the execution of the order shall be entrusted to the Deputy Head of the Federal Medical Biological Agency E.Yu. Havkane.
Head
V.V. Uyba
1. General Provisions
1.2. The Commission consists of the Chairman, the secretary and members of the Commission from among the doctors - psychiatrists, psychiatrists-narcologists and tradecologists.
1.3. The personal composition of the Commission is approved by the head of the medical organization.
1.4. In its activities, the Commission is guided by the legislation of the Russian Federation, the regulatory legal acts of the Ministry of Health of Russia and the FMBA of Russia, orders and orders of the head of the medical organization, in this Regulation.
2. Powers of the Commission
2.1. The Commission exercises authority to compulsory psychiatric examination of employees of organizations to be maintained in the medical organization of the FMBA of Russia.
3. Rights of the Medical Commission
The Commission has the right to:
3.1. Demand a passport employee; directions of employer or medical organization; medical records (medical records outpatient; certificates from medical organizations neuropsychiatric and substance abuse treatment at the place of permanent residence for workers with a temporary registration and residing outside the place of permanent residence); medical conclusion based on the results of the previous survey (if available); military ticket or assigned certificate (at military-beacon).
3.2. To offer an employee, if it is impossible to make a decision on the results of examination in outpatient conditions, the passage of the survey followed by examining in the hospital.
3.3. Request from medical organizations in installed manner additional information On the state of the health of the employee, with the appropriate notification of the employee.
4. Employee Rights
The worker has the right:
4.1. Receive explanations on survey issues.
4.2. In case of disagreement with the decision of the commission appeal it in the prescribed manner.
5. Organization of the Commission's activities
5.1. Survey of employees is conducted in accordance with the Rules of compulsory psychiatric examination of workers engaged in certain activities, including activities related to the sources of increased danger (with the influence of harmful substances and unfavorable factors of production), as well as working in high-risk, approved by the Government Resolution Russian Federation of 23.09.2002 N 695, other applicable legal documents regulating the procedure of compulsory psychiatric examination of workers.
5.2. The survey is carried out on a voluntary basis, in accordance with articles of the Russian Federation and the Law of 02.07.1992 N 3185-1 "On psychiatric care and guarantees of citizens' rights in its provision".
5.3. When determining medical contraindications to exercise separate species professional activity and activities related to the source of increased danger, the Commission is guided by the respective lists approved by the Council of Ministers - the Government of the Russian Federation from 28.04.1993 N 377 "On implementation of the Law" On psychiatric care and guarantees of citizens' rights in its provision "and other applicable regulatory Legal documents.
Before a preliminary medical examination;
Later, at least 1 time in 5 years;
In case of identification of signs of mental and behavioral disorders in the provision medical care Employee or in the process of a periodic medical examination.
5.5. The employee submits into the Commission the documents specified in paragraph 3.1 of this Regulation.
5.6. Commission meetings are organized as needed.
5.7. The meeting of the Commission holds the Chairman (in his absence - a member of the Commission, temporarily performing his duties on the basis of the order).
5.8. The refusal of the employee from the passage of examination is registered in the journal of the work of the medical psychiatric commission.
5.9. Specialist conducting the certification worker on an outpatient basis, draw up the inspection results in the medical outpatient established sample, making it history data, physical examination, and other relevant information, provides appointment of additional and instrumental methods of investigation, the results of which sets clinical diagnosis.
5.10. When an employee survey in inpatient Commission shall decide on the basis of the opinion of the medical commission, comprising a clinical diagnosis,
5.11. In the process of examination, it is mandatory:
Inspection of a psychiatrist;
Electroencephalography.
Other surveys and studies, including a survey of the doctor - a psychiatrist, the psychiatrist, experimental psychological research, rapid urine test for the presence of psychoactive substances are carried out according to indications.
5.12. The Commission shall decide on the validity (worthlessness) of the employee to the implementation of certain activities, and also works in the high-risk specified in the direction of the examination, by open vote by simple majority. A special opinion of a member of the Commission (doctor-specialist) is issued in writing in the medical record of the employee.
5.13. The decision and other documents of the Commission signed the Chairman of the Medical Commission (in its absence - a member of the Commission, performing his duties), the secretary and members of the Commission.
5.14. The decision of the Commission is issued an employee under the painting within 3 days after its adoption. In the same time, a notice of the decision of the medical commission and the date of issuing his employee will be sent to the organization by the employee.
5.15. The Commission's decision is fixed in the medical record of the employee.
5.16. The registration of all documentation of the Commission is carried out by the secretary.
Appendix N 2.
Approved by the Order of the FMBA of Russia dated September 7, 2015 N 170 Requisites of the Organization Directors on a compulsory psychiatric examination of the direction on the mandatory psychiatric examination of FI. ___________________________________________________________ Born _______________ Company _____________________________________________________ Registered address: __________________________________________________________________ in accordance with Art. 213. Labor Code Russian Federation sent for compulsory psychiatric examination to determine compliance with the health of work assigned to him (her) work in positions __________________________________________ __________________________________________________________________ (a list of works and harmful and (or) hazardous production factors) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Decision medical psychiatric commission request is handed examinee. _________________________ _______________________________________ (official) (signature) (surname, initials) "__" ____________ 20__ g. M.P.
Appendix N 3.
Approved by Order of FMBA of Russia on September 7, 2015 N 170 On the form of the medical organization FMBA Russia DECISION PSYCHIATRIC MEDICAL COMMISSION N _____ from "__" ____________ 20__ name and last name .: ______________________________________________________________ Born "__" ___________ ____ g in accordance with the decision of the Council of Ministers - the Government of the Russian Federation from 28.04.1993 N 377 (Ed. of 23.09.2002), as a result of compulsory psychiatric examination no (available) contraindications for admission to work in positions __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ (specify the impact of harmful substances and (or) unfavorable production factors) Chairman _______________ / / Secretary _______________ / / Members of the Commission _______________ / / _____________ / / M.P.
Appendix N 4.
Approved by Order of FMBA of Russia on September 7, 2015 N 170 informed consent to compulsory psychiatric examination I _______________________________________________________________ (surname, first name, middle name) ____ the year of birthLiving (th) at: __________________ __________________________________________________________________ __________________________________________________________________ give my consent for my compulsory psychiatric examination. I hereby confirm that my rights are clarified to me, regulated current legislation Russian Federation. "__" ____________ 20__ years. Patient Signature ____________________ painted in my presence: Doctor ___________________________________ (Signature) _______________ (position, name)
Appendix N 5.
Approved by order of FMBA of Russia dated September 7, 2015 N 170 Refusal of mandatory psychiatric examination I ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ I hereby confirm that I explained to me the possible consequences of the refusal of the mandatory psychiatric examination, including the possibility and obligation of the employer, not allow me to fulfill certain types of professional activities. "__" ____________ 20__ years. Signature ____________________ patient is painted in my presence: Doctor ____________________________________ (Signature) ______________ (position, name)
Appendix N 6.
Approved by Order of FMBA of Russia on September 7, 2015 N 170 On the form of the medical organization FMBA of Russia NOW PSYCHIATRIC MEDICAL COMMISSION N ____ from "__" ____________ 20__ Hereby we notify that _____________________________________________ ____ year of birth (surname, first name, middle name) lives (Summary) at the address: __________________________________________________________________________________________ passed a mandatory psychiatric examination. The decision of medical psychiatric Commission adopted the "__" ___________ 20__ decision psychiatric medical commission issued to employees "__" _____________ 20__ Chairman Secretary Members of the commission: MP
Appendix N 7.
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Is it true I understand that if polzovaleya PC, working with them more than 50% of the time or engineer in contact with a source of ionizing ies (generated), but the class of working conditions on them 2.0, the initial / periodic check-ups are carried out necessarily, but for Is the engineer with AI, a psychiatric examination at the reception and once of the age of years?
Yes. That's right.
In the Decree of the Government of the Russian Federation of April 28, 1993 N 377, there is its own decoding, which refers to work at the height (in the execution of which psychosvideoment is carried out, this list is already the order of 155n, in this inspector agreed with me): "3. Works at the height are considered to be the work performed at an altitude of 1.5 m and more from the surface of the ground coating or the working flooring and produced from the mounting devices or directly from the elements of the structures, equipment, machinery and mechanisms when they are installed, operation, installation and repair "T. e. If even an employee rises from 1.5 m, but not higher than 1.8 m, according to inspection, the employee passes a psychic committee.
Shlit him (inspector forest) - this resolution has no registration in the Ministry of Justice!
But the inspector in the prescription refers not to the ruling, but at Art. 212, 213 TK RF.
Government Decisions in the Ministry of Justice are not registered
Oleg Gushchin
What is the contradiction? The contradictions are that according to paragraph 3a) of the order of the order of 155n "Risks associated with the possible fall of the employee from a height of 1.8 m or more" exist for those workers who rises to stairs, including in the march staircases in the inter-storey spans of buildings. And this condition concerns all people.
1. Responsibilities of the employer in terms of the organization of medical examinations and including psychic importance to the establishment of Articles 69 and 213 of the Labor Code, as well as NPA, which are not included in the note and fully indicated.
2. I quote on the text of the notes "Thus, the employer and its representatives have no 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 inspection by a psychiatrist is not produced due to the fact that the employee is not given a decision of the medical commission that has conducted a mandatory psychiatric examination. "
3. Decision of the Government of the Russian Federation of April 28, 1993 No. 377 is revised September 23, 2002. You can complain about the non-historicalness of the Ministry of Health through the website of the President of the Russian Federation). Resolution status is valid.
4. Claims for the quality and amount of medical services should be expressed to the side with which you have entered into an agreement on their provision.
"Thus, if there is such a harmful production factor in the workplace, such as toluene, it is necessary to carry out mandatory medical examinations, regardless of the class of working conditions with periodicity of 1 time in 2 years."
Here I do not agree. There were already a number of precedents in court that workers were restored to work when they were fired according to the results of a medical examination if they had a class of work 2, and in fact they worked with harmful substances. Although the medical examination can be carried out for their own soothing.
Each such case must be divided specifically. If you specify the circumstances of the case, I am pleased to figure it out. Most often in such cases, the error makes cells, adding the factors that did not need to indicate in directions and the list of contingent, because of their own inattention.
Anatoly Vladimirovich
Good day!
I would like to clarify the foundation: "Non-state medical centers have the right to pursue a psychiatric examination of employees in the presence of a license for medical activities"
And the second question:
What should be written in the license of the non-state medical center?
The procedure for licensing medical activities and types medical services Its components can be found in the Decree of the Government of the Russian Federation of 16.04.2012 N 291.
Very confusing clarification. The preliminary / periodic M / inspection was mixed, in which the Commission is mandatory include a psychiatrist doctor and psychiatra-narcologist, and a psychiatric examination of workers engaged in the works in harmful / hazardous conditions of labor. Allocatural examination of employees (not Less often 1 time in 5 years) in a separate direction of the employer, it is carried out in the institution, the chief doctor of which was approved by the chairman of the subject of the Subject (for example) by the order of the Ministry of Health. And it is unlikely that there will be a non-state medical institution. But the electroencephalogram, for this conclusion, can do in any medical institution, regardless of the type of property.
Types of activity and work, when performing the employee undergoes the specified inspection, are defined in the list of medical psychiatric contraindications for the implementation of certain types of professional activities and activities related to the source of increased danger (approved. Decree of the Government of the Russian Federation of 28.04.93 N 377).
Mandatory psychiatric examination of employees who carry out such activities (performing relevant work) is carried out, in particular:
When entering work before a mandatory preliminary medical examination, which is usually obligatory for these employees in accordance with labor law. This conclusion follows from the total analysis of Part 1, 7 of Article 213 of the Labor Code of the Russian Federation and ABZ.5 P.9 of the procedure for conducting medical examinations (order of the Ministry of Health and Social Development of Russia dated 12.04.2011 N 302n "On approval of lists of harmful and (or) hazardous production factors and Works, when performing mandatory preliminary and periodic medical examinations (surveys), and the procedure for conducting mandatory preliminary and periodic medical examinations (surveys) workers employed in hard work and on work with harmful and (or) hazardous working conditions ").
According to ABZ.5 P.9 of the Procedure for the passage of the preliminary inspection, the person entering the work is submitted to the medical organization among other documents, the decision of the Medical Commission, which carried out a mandatory psychiatric examination in cases provided for by the laws of the Russian Federation;
In the future, at least once every five years. This follows from Ch. 7 Article.213 of the Labor Code of the Russian Federation, paragraph 5 of the Rules.
read again - all around the shelves ...
"Works at the height" in the list of psychosvidate is deciphered not as in sweat when working at height. Half an hour convinced the inspector that the Plotted staircase (stairway ladder) is not a "mounting device", as the inspector believes, trying to fit the work on the stairs to the list of psychosvidate, but just a means of loving. Finally, the inspector seems to be agreed, but immediately found a workaround: "Well, your employees rise in these stairs, then they need to pass through." As a result, the penalty for JUR. face.
In the Decree of the Government of the Russian Federation of April 28, 1993 No. 377, "work at the height, operation of overgrowth and related to the rise in height, as well as maintenance work lifting facilities».
In paragraph 1 (1.1. -1.2) of Appendix 2 of the order of 302n - "work at height, supergrowth works * (5), as well as work on the maintenance of lifting structures, including: 1.1. Work as a craneman (driver of the crane) and 1.2. The work of the lifter (to the reception to work for the elevators there is no conventional contraindications) ".
We go to the footnote * (5) superpowers are considered to be all the work when the main means of protecting workers from falling from a height at all moments of work and movement is a safety binding.
And now the order is 155n:
3. The work at the height includes work under which:
a) There are risks associated with a possible fall of the employee from a height of 1.8 m or more, including:
when an employee is exercised to a height of more than 5 m, or descent from a height of more than 5 m along the stairs, the angle of inclination of which to the horizontal surface is more than 75 °;
when carrying out work on the venues at a distance closer 2 m from non-limited drops at a height of more than 1.8 m, as well as if the height of the protective fence of these sites is less than 1.1 m;
b) There are risks associated with a possible drop in an employee from a height of less than 1.8 m if the work is carried out above the machines or mechanisms, the surface of the liquid or bulk fine materials that are protruding objects.
Thus: for psychosvideo (to preliminary MO and next time in 5 years) and a medical examination (preliminary and periodic annually) must be sent to all who perform the work described in paragraph 3 of the order of 155n.
What is the contradiction?
You can clarify again: it turns out, the preliminary inspection goes and there, as well as during the periodic, they put a narcologist and a psychologist. And then 1 time in 5 years we send specifically to psychosvideo and the enecephalograph? Will it be on a separate contract not related to periodic medical examinations? I understood correctly?
Tha)) Once again! There are 2 ways to get to the psychosvideoment.
First - if the employee is subjected to factors or performs the types of work specified in the list of resolution 377. In this case, you come to a preliminary medical examination with an already finished conclusion on the results of psychosvideoment (the Agreement is concluded separately from the contract for a physical examination) and then every 5 years go to examination In the direction of the employer.
The second way. An employee is not subject to psychic importance to 377 decree, but ... psychiatrist or narcologist there are suspicions or revealed by the obvious signs of consumption of psychoactive substances or inadequate behavior (in the urine, for example, traces of drugs or signs of alcoholism are obvious). Then the "passenger" receives a direction to the hospital (Durke) and there it is covered by 2-3 weeks to observe and establish / eliminate the preliminary diagnosis of psychiatrist / narcologist.
If the fact of the dependence or mental disorder is not set (drank before the medical examination and made a psychiatrum scandal))), then in the future this worker undergoes a medical examination without psychosvideo (enough inspection of a narcologist and psychiatrist).
Yes, these are different contracts, the inspection during verification requires the contract for psychic importation, the decisions of the commission, the order for the establishment of the Commission of the Medical Organization and the Log of Extracting Directions
It is clear only that 302n is outdated in the framework of changes in legislation. It is necessary for something new.
I also want to add that last year it was pivot in Moscow for these psychiatric examinations to challenge. This year I do not think something to change. 110 thousand minimum per person (((
I am pleased)) Soon, not only cancel applications 1 and 2 of the order 302n and instead they will introduce a single list of factors and types of work, but also make changes to the order of MO (Appendix 3). In particular, again will have to coordinate the listings of the contingent of persons to be pre-preliminary and periodic MO would have been waved in the lobby)))
A lot of questions on compulsory psychiatric examination arises:
1. Nowhere to direct the employer's responsibility to work. In the 302 order, the employee must provide results in cases provided by law. Do not allow an employee to fulfill work without an opou also in cases provided by law. And the legislation speaks no less than once every 5 years. It is not written that when applying for work and subsequently in 5 years.
2. The decision of the Commission is issued to the employee. The employer according to NPA is not obliged to the employer. It is obliged to provide only when passing the medical examination of the Commission. That is, the employer has only a record of the issuance of the direction and the date of decision-making ... And as I understand it, when conducting a medical examination, the Commission does not particularly ask this solution. For them, you need to enter the responsibility ...
3. The list according to CT6 of the Law on Psychiatric Assistance should be revised every 5 years, and it from 93g. No one revised
4. In practice, it was faced with the fact that the PND demands to come an employee to examine with the results of the encephalogram and ECG, they say they have no encephalographer. Ask for what basis? It has been established that a person comes to examination with a passport and direction ... Why should we still pass some studies separately? as a license is issued if not necessary equipment For activities?
Good afternoon, colleagues. And again about the same thing.
Last year, our organization was fined GIT for not a psychiatric examination. We are in the "Poam" 50% of employees "drove" through the PND, received a reference for 750 rubles. It seems that everything is fine. This year we send the second half, have already concluded a contract, but ... Now the PND offers the services in addition to the certificate, still pass the electroencephalography (well, as it suggests ... hints that there is no conclusion without it) worth 900 rubles. And on the basis, but only Drivers Conclusion, this is still plus 1,000 rubles.
I'm confused ... Who does it?
Colleagues, hello! Developed the procedure for the passage of software for our company (well, as I developed: I took it ready, adjusted under our reality). So, in a suspended state, one question remained - the question of storing the results of software (decision of the medical commission). Since software is held 1 time in 5 years, it would be logical to leave the employee, and take a copy to the personnel. For example, the driver passed on the type of work - work directly related to the movement of transport. Worked for a year, quit, settled in another office driver. When passing the preliminary MO, can it provide the results of the software that took place a year ago? Or he is obliged to re-pass at the expense of a new employer (only it is not clear why, because for 1 time in 5 years). Or better to store the original conclusion, and when dismissing to shoot a copy, and return the original to the employee? How is your question resolved?
I embarrass me, paragraph 2 of Rules 695
2. Examination of the 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 during its provision"?
On a voluntary basis ??? So the employee has the right to refuse, and it turns out he can refer to this item? It is strange that neither the MINRRU, nor Rostrud about this not mention ...
An employee may well take advantage of his right to refuse to examine, but in this case the employer will be obliged to remove the employee from work under Art. 76 TC, which subsequently can serve as a basis for dismissal.
Decree of the Government of the Russian Federation dated 09/23/2002 N 695 (Ed. Dated 03.25.2013) on the passage of compulsory psychiatric examination by employees who carry out certain types of activities, including activities related to the sources of increased hazard (with the influence of harmful substances and adverse production factors), as well as working in increased danger
Passage of mandatory psychiatric
Examination by employees exercising
Separate activities, including activities,
Associated with sources of increased danger (with influence
Harmful substances and adverse production
Factors), as well as working in conditions
7. The survey of the employee is carried out on time not more than 20 days from the date of his appeal to the commission.
9. The Commission decides a simple majority of votes about the suitability (unsuitability) of the employee to fulfill the type of activity (work in conditions of increased danger) specified in the direction of examination.
Decree of the Government of the Russian Federation of September 23, 2002 N 695 (Ed. Dated 01.02.2005) "On the passage of compulsory psychiatric examination by employees who carry out certain types of activities, including
Activities related to the sources of increased danger (with the influence of harmful substances and adverse industrial factors), as well as working in conditions of increased danger "
Resolution (as amended by the Decree of the Government of the Russian Federation of 01.02.2005 No. 49)
- The Ministry of Health and Social Development of the Russian Federation exercise organizational and methodological work on issues related to the passage of compulsory psychiatric examination by employees who carry out certain types of activities, including activities related to the sources of increased danger (with the influence of harmful substances and adverse production factors), and Also working in an increased danger.
(as amended by the Decree of the Government of the Russian Federation of 01.02.2005 No. 49) - To recognize paragraph 5 of notes to the list of medical psychiatric contraindications for the implementation of certain types of professional activities and activities related to the source of increased danger approved by the Resolution of the Council of Ministers
- Governments 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 citizens' rights in its provision "(meeting of the acts of the President and Government of the Russian Federation, 1993, N 18, Art. 1602).
Chairman of the government
Russian Federation
M. Kasyanov
Approved
Decree of the Government of the Russian Federation of September 23, 2002
Rules for passing a mandatory psychiatric examination by employees who carry out certain types of activities, including activities related to the sources of increased danger (with the influence of harmful substances and adverse industrial factors), as well as working in an increased danger
- 1. These Rules determine the procedure for passing a mandatory psychiatric examination (hereinafter referred to as a survey) by employees who carry out certain types of activity, including sources related to sources
increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions
Increased dangers stipulated by the list of medical psychiatric contraindications for the implementation of individual species
Professional activities and activities related to the source of increased danger approved by the Council's decision
Ministers - Government of the Russian Federation of April 28, 1993 N 377 "On the implementation of the Law of the Russian Federation" On psychiatric assistance and guarantees of the rights of citizens with it "(hereinafter referred to as the list). - Examination of the employee is carried out on a voluntary basis, taking into account the norms established by the Law of the Russian Federation "On Psychiatric
assistance and guarantees of the rights of citizens when providing it. " - Examination of the employee is carried out in order to determine its suitability for mental health to the implementation
Some activities, as well as to work in the conditions of the increased danger provided for by the List. - An employee for the passage of examination is a direction issued by the employer, which indicates the type of activity and working conditions of the worker provided for by the list. At the same time, the employee is presented to a passport or other replacing his identity document.
- The survey of the employee is carried out within a period of no more than 20 days from the date of his appeal to the commission. In order to surrender, the Commission has the right to request additional information from medical institutions, which the employee is informed. The Commission takes an appropriate decision within 10 days after receiving additional information.
- When surrendering a survey, the employee can receive explanations on issues related to its survey.
- The Commission decides a simple majority of votes about the suitability (unsuitability) of the employee to fulfill the type of activity (work in conditions of increased danger) specified in the direction of examination. Commission decision (in writing) An employee is issued to painting within 3 days after its adoption. In the same period, the employer is sent to the employment date of the decision by the Commission and the date of issuing his employee.
- In case of disagreement of the employee with the decision of the Commission, it can be appealed in court.
Government of the Russian Federation
Decision
The passage of compulsory psychiatric examination by employees who carry out certain types of activity, including activities related to the sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger
In accordance with Article 213 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides:
- Approve the accompanying rules for the passage of compulsory psychiatric examination by employees who carry out certain types of activities, including activities related to the sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working under conditions of increased danger.
- Ministry of Health I. social Development The Russian Federation exercise organizational and methodological work on issues related to the passage of compulsory psychiatric examination by employees who carry out certain types of activities, including activities related to the sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of elevated Danger.
(as amended by the Decree of the Government of the Russian Federation of 01.02.2005 No. 49)
- Paragraph 5 of the notes to the list of medical psychiatric contraindications for the implementation of certain types of professional activities and activities related to the source of increased danger approved by the Resolution 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 citizens' rights in its provision "(meeting of acts of the President and Government of the Russian Federation, 1993, N 18, Art. 1602).
Chairman of the government
Russian Federation
M. Kasyanov
Approved
decree of Government
Russian Federation
REGULATIONS
Passage of compulsory psychiatric examination by employees who carry out certain types of activities, including activities related to the sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger
- These rules determine the procedure for passing a mandatory psychiatric examination (hereinafter referred to as an examination) by employees who carry out certain types of activities, including activities related to the sources of increased danger (with the influence of harmful substances and adverse industrial 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 related to the source of increased danger approved by the Resolution 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 citizens' rights With it "(hereinafter referred to as the list).
- The survey of the employee is carried out on a voluntary basis, taking into account the norms established by the Law of the Russian Federation "On psychiatric assistance and guarantees of citizens' rights during its provision."
- The survey of the employee is carried out in order to determine its suitability for mental health to the implementation of certain types of activities, as well as to work in the conditions of the increased danger provided for by the list.
- The examination of the employee is conducted by the medical commission created by the health authority (hereinafter referred to as the Commission).
- Examination of the employee is carried out at least once every 5 years.
- An employee for the passage of examination is a direction issued by the employer, which indicates the type of activity and working conditions of the worker provided for by the list.
At the same time, the employee is presented to a passport or other replacing his identity document.
- The survey of the employee is carried out within a period of no more than 20 days from the date of his appeal to the commission.
In order to surrender, the Commission has the right to request additional information from medical institutions, which the employee is informed.
The Commission takes an appropriate decision within 10 days after receiving additional information.
- When surrendering a survey, the employee can receive explanations on issues related to its survey.
- The Commission decides a simple majority of votes about the suitability (unsuitability) of the employee to fulfill the type of activity (work in conditions of increased danger) specified in the direction of examination.
The decision of the Commission (in writing) is issued to the employee under the painting within 3 days after its adoption. In the same period, the employer is sent to the employment date of the decision by the Commission and the date of issuing his employee.
- In case of disagreement of the employee with the decision of the Commission, it can be appealed in court.
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Decree of the Government of the Russian Federation No. 695 dated 09/23/2002, compiled on its basis the order of the Moscow Health Department No. 705 of September 18, 2008 and Order No. 302N of the Ministry of Health and Social Development Determine the essence and procedure for conducting psychiatric examination and offer a set of standard forms and samples for implementing Such an examination.
These are the main documents to help implement a psychiatric examination of employees of an enterprise or organization. They should be guided by officials (labor protection engineers) and enterprise managers for the right organization labor activityif it is associated with increased physical or emotional voltage, harmful conditions Labor, negative or dangerous production factors.
Resolution No. 695 has the last editorial office dated May 25, 2013 (Resolution No. 257). New edition The document entered into force on 04/06/2013.
The main provisions on the conduct of a psychiatric examination
Resolution No. 695 on a psychiatric voluntary survey introduces the rules for the passage of compulsory psychiatric examination (hereinafter referred to as Rules). The document consists of 10 articles and refers to other regulatory acts operating in the Russian Federation. Consider the existing rules standing and give practical comments to each item.
1. According to the rules, a list of professions for which the passage of psychiatric examination is mandatory, determined by Decree No. 377 of April 28, 1993 (hereinafter - the list). This document explains the rights of citizens, if necessary, the provision of psychiatric care, and also approves guarantees of compliance with such rights. The list should be used to define posts falling under the requirement of survey. On his basis, the enterprise or the organization is an order to conduct a psychiatric examination of employees and directs them to pass the examination.
2. The rules establish that the passage of psychiatric examination at the order No. 695 should be carried out by the employee voluntarily, in accordance with the requirements of the Law "On Psychiatric Assistance and Guarantees of Rights upon it". In practice, this rate is the largest underwater stone for officials of enterprises and organizations responsible for the safety of labor. If an employee fails to undergo a voluntary examination of the management of the enterprise (or organization) is obliged to remove it from the fulfillment of duties. An employee cannot be at its workplace and can be translated into performing work that do not require psychiatric examination.
3. the main objective Psychiatric examination is to establish the suitability of a particular employee to perform the work specified by the employer. The zone of responsibility of the medical commission is not limited to the detection of mental disorder. The main task is to establish whether a person with a detected diagnosis to perform his official duties No threat to security for yourself and others. It is important to correctly describe working conditions in the direction that an employee is issued. It should be complete and detailed, allowing psychiatras to give the most objective assessment.
4. As the order No. 695 indicates a psychiatric examination, the medical commission is organized by the health authority. This is necessary for the independent expert assessment, without the participation of representatives of the employer. The medical institution may have any form of ownership, but should have a license to conduct a psychiatric examination.
5. Examination of the employee, according to the rules (Order No. 695), should be carried out at least once every 5 years. Here there is a second underwater stone in the legislation. After a five-year period, the employer is obliged to send an employee to repeated examination, but at the same time it cannot be allowed to fulfill its work, since the period of action of the previous conclusion of the examination has already expired.
By law, the employer may not pay a wage employee, which puts it in a difficult financial situation. From a legal point of view the most correct and effective method Bypassing these norms - write a statement from the person of the employee to pass the voluntary extraordinary examination, which will allow for the period of examination to preserve its average earnings.
6. The item of the Rules (Order No. 695) defines the list of documents necessary for the employee to pass the examination of the Medical Commission. This includes a direction from the employer with a mandatory indication of the type of activity, the list of working conditions that can increase the risks of safe performance of work. In addition to the direction, the employee must provide a passport (or replacing his document).
In practice, during the passage of the examination of the medical commission, a medical map of the employee may be needed, a certificate from the psychoneurological dispensary, a military ID and other documents. By law, the medical institution has the authority to independently request the required documents in the territorial medical institutions, but this may take quite a long time. To speed up obtaining a conclusion, an employee is recommended to take all the necessary paper with you.
7. The timing of examination is 20 days from the date of the employee's appeal. If necessary, request additional documents The Commission may make an examination conclusion 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 the Medical Institution, which are associated with the expertise.
9. Medical Commission consisting of at least 3 people should make a decision by a majority vote. In the conclusion of the examination, a compliance / inconsistency of a particular employee of the employed post, taking into account the characteristics of the working conditions specified in the direction. The medical institution should issue executive conclusions of the employee under the signature within 3 days after their approval. In order to control simultaneously, informing the employer on the date of the conclusion and issuance of the decision to the employee.
10. The worker can express disagreement with the conclusion obtained as a result of a psychiatric examination. To do this, it is necessary to file a lawsuit in the court. In practice, the procedure for conducting an examination involves the possibility of re-examining an employee in disagreement with the conclusion.
Forms approved by Order No. 705
For the implementation of the organization and control of the passage of psychiatric examination, labor protection engineers or other officials may use standard forms, which suggests order No. 705 of the Moscow Health Department of 18.09.2008. IN this document Approved the form of a direction that is issued by personnel to pass a psychiatric examination. The document determines the form of a decision of the medical commission, the form of the Commission for Examination Commission.
Another document, which should lead a labor protection engineer - a log registration journal. With it, it is monitored by compliance with the timing of the fulfillment of psychiatric examination, as required by order No. 695. In addition, the enterprise provides an order for the psychiatric examination of employees.
The list of professions for which the order is applied
The procedure for passing a psychiatric examination is applied for professions, the list of which is stipulated by Resolution No. 377 of April 28, 1993. It includes all workers and highly qualified specialties and types of work related to harmful substances and adverse industrial factors, increased attention intensity, high emotional loads.
To the list of the most common harmful or dangerous factors (Order on compulsory psychiatric examination) refer:
- work with biological material or chemically active substances;
- application in the work of welding aerosols;
- work providing direct contact with food products;
- work under noise, with a high degree of visual or physical exertion;
- underground work;
- work in the zone of high temperature or pressure;
- high-altitude work;
- work, including watch method, in remote areas North.
In addition to occupations that have contact with harmful factors (medical preparations, radiation, chemicals, etc.), the list of activities requiring additional psychiatric examination; medical workers, teachers, drivers and office staff. In the latter case, the work performed must be associated with a constant voltage of attention due to the need for tracking information on displays or other data display tools.
People who have identified mental disorder, alcoholism, drug addiction, or epilepsy, cannot be allowed to all listed types of work. They cannot be working in high risk. When passing a psychiatric examination, the medical commission is obliged to consider whether the employee has been able to work safely with a safe diagnosis in the conditions prescribed in the direction, as required by the order for the passage of psychiatric examination of employees.
The process of passing a psychiatric examination
In the formation of the Commission, as required by order No. 695 on psychiatric examination, at least 3 specialists (psychiatrists) should be involved in the examination. The examination procedure itself provides for familiarization with the medical staff of the employee, the terms of his labor, medical examination and experimental study. If it is necessary, the Commission has the right to appoint an employee of the electroencephalogram.
All procedures, as approves the order of compulsory psychiatric examination, the employee must pass voluntarily. At the same time, he has the right to ask questions of interest, for example, about the purpose of a specific examination.
What will happen in case of violation of order?
Violation of the order, which stipulates the order No. 695 of the Ministry of Health, is legally threatened only by the employer and officials responsible for organizing an examination. In identifying violations, legal entities, entrepreneurs and officials fall under a fine, the amount of which is established by the Resolution:
- the maximum size of penalties for legal entities - 130 000 rubles;
- maximum size penalties for individual entrepreneurs - 25 000 rubles;
- the maximum amount of penalties for responsible officials is 25,000 rubles.
For an employee, the obstacle of the psychiatric examination, which requires the order No. 695 of the Ministry of Health, threatens removal from performing work until dismissal. The employer has no right to admit such an employee to fulfill labor duties. Therefore, both parties are interested in passing examination in installed ordinary Dates. If necessary, the employer or employee has the right to initiate an extraordinary examination, for which it is necessary to issue an employee.
To conduct an examination of employees of an enterprise or organization, as prescribed by order No. 695 of the Ministry of Health, the employer may conclude an agreement with any medical institution that has an appropriate license. This can be both the State Psychoneurological Dispensary of the Ministry of Health and the Commercial Medical Center. The cost of expertise is estimated by the number of employees to be examined.
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Decree of the Government of the Russian Federation of September 23, 2002 N 695
"On the passage of compulsory psychiatric examination by employees who carry out certain types of activities, including activities related to the sources of increased hazard (with the influence of harmful substances and adverse production factors), as well as working in an increased danger"
With changes and additions from:
At the same time, the employee is presented to a passport or other replacing his identity document.
7. The survey of the employee is carried out on time not more than 20 days from the date of his appeal to the commission.
In order to surrender, the Commission has the right to request additional information from medical institutions, which the employee is informed.
The Commission takes an appropriate decision within 10 days after receiving additional information.
8. With the passage of survey, the employee may receive explanations on issues related to its survey.
9. The Commission decides a simple majority of votes about the suitability (unsuitability) of the employee to fulfill the type of activity (work in conditions of increased danger) specified in the direction of examination.
The decision of the Commission (in writing) is issued to the employee under the painting within 3 days after its adoption. In the same period, the employer is sent to the employment date of the decision by the Commission and the date of issuing his employee.
10. In case of disagreement of the employee with the decision of the Commission, it can be appealed in court.
What determines the procedure for psychiatric examination
One of the main responsibilities of the employer in the field of labor protection is to organize both mandatory preliminary and periodic medical examinations (hereinafter referred to as PMOs) and mandatory psychiatric examinations of workers (hereinafter - OPO) (Art. 212 of the Labor Code of the Russian Federation).
Analysis of applications entering various government bodies, as well as experience in communicating with various interested specialists, shows that at the moment there is a significant gap from both specialists in labor protection and medical organizations in understanding the current system of organization and conduct of the OPO.
Basic regulatory documentsthat define the procedure for organizing and carrying out OPOOs are:
- Labor Code (Art. 213 of the Labor Code of the Russian Federation);
- Decree of the Government of the Russian Federation of April 28, 1993 No. 377 "On the implementation of the Law of the Russian Federation" On psychiatric assistance and guarantees of the rights of citizens in its provision "";
- Decree of the Government of the Russian Federation of September 23, 2002 No. 695 "On the passage of compulsory psychiatric examination by employees who carry 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 High-risk conditions. "
Who from employees should be a psychiatric examination
Mandatory psychiatric examination must be held employees:
- activity of which is associated with sources of increased danger (there is an influence of harmful substances and adverse production factors);
- which are working in conditions of increased danger;
occupied in certain activities (h. Sixth Art. 213 of the Labor Code of the Russian Federation).
Warns
Maxim Tereshkov, head legal Department Their "Finam" (Moscow)
If the employer adopted a certificate from an employee that he is not registered in a psychiatric dispensary, and at its basis it did not send an employee to a mandatory psychiatric examination, then such an employer can be punished by the Labor Inspectorate. Fine size for admission to work without passing mandatory medical examination or psychiatric examination for the organization ranges from 110,000 to 130,000 rubles, and for entrepreneurs and managers of organizations - from 15,000 to 25,000 rubles (part 3 of Art. 5.27.1 of the Administrative Code of the Russian Federation).
A list of individual activities (harmful production factors and types of work), the scope of the survey and medical psychiatric contraindications are established by the Decree of the Government of the Russian Federation of April 28, 1993 No. 377. An analysis of the document shows its significant similarity with lists of factors and works approved by the Order of the Ministry of Health of Russia from 12 April 2011 No. 302n. Thus, in the overwhelming majority of cases, when the employee must pass a PMO, he will also have to go through the OPU.
What is the difference between psychiatric examination from medical examination
In practice, unfortunately, very often, and unreasonably, the OPO is confused with a psychiatrist inspection within the framework of the PMO. To avoid mistakes in the OPO organization and correctly perform the current labor protection requirements, the employer should be understood that:
Psychiatric examination and medical examination - independent and independent views medical examination workers.
OPO and PMOs are held on the basis of different documents: the basis for the OPO is the decision of the Government of the Russian Federation of September 23, 2002 No. 695, and for PMOs - the order of the Ministry of Health and Social Development of Russia of April 12, 2011 No. 302n.
OPO and PMOs are held by different medical commissions. The OPO is conducted by the medical psychiatric commission created by the health authority (that is, only state and municipal medical organizations are entitled to conduct it). PMM - medical commission on preliminary and periodic medical examinations of medical organizations of any form of ownership.
According to the results of the OPO and PMM, the employee receives two different independent medical conclusions: in the first case, the medical conclusion on the presence (absence) of medical psychiatric contraindications established by the Decree of the Government of the Russian Federation of April 28, 1993 No. 377 (hereinafter referred to as the Decree of the Government of the Russian Federation No. 377), In the second - on the presence (absence) of medical contraindications, determined by paragraph 48 of Appendix No. 3 to the order of the Ministry of Health and Social Development of Russia of April 12, 2011 No. 302n.
How to organize a psychiatric examination
An inspection of a psychiatrist doctor within the framework of the PMM does not cancel the obligations of the employer to organize the OPO. The employee must go through the OPO, if there are harmful factors or types of work in its work, indicated in the list of decisions of the Government of the Russian Federation No. 377. This provision was also confirmed by the decision Supreme Court The Russian Federation of December 18, 2012 No. AKPI2-1363.
By organizing a mandatory psychiatric examination, it should be borne in mind that the employer:
- when applying for work independently, based on working conditions, determines the need for an OPO organization for a future employee and follows the passage of repeated examinations at least once every five years;
- determines in which medical organization an employee (future worker) will take place from the OPO, and concludes an agreement with this medical organization;
- gives an employee (future employee) direction to the OPO, which necessarily indicates the paragraphs of the Decree of the Government of the Russian Federation No. 377, for which the employee is obliged to pass the OPO;
- allows an employee to execute official duties only if there is a conclusion according to the results of the OPOO, the absence of medical psychiatric contraindications to those production factors and types of work that were indicated by the employer in the direction;
- directs on PMO only if there is an existing conclusion according to the results of the OPO (p. 9 of Appendix No. 3 to the order of the Ministry of Health and Social Development of Russia of April 12, 2011 No. 302N).
An algorithm for making a decision on a psychiatric examination is displayed in the scheme.
According to the results of the OPO, the Medical Psychiatric Commission issues a medical report to the Employee and directs the employer a message about the decision of the decision by the Commission and the date of issuing an employee of the conclusion.
What violations allow employers, organizing a psychiatric examination
The results of expert activities show that employers often instead of imprisonment from the OPO results, a certificate is made from a psychiatric dispensary that it is not a psychiatric accounting. This approach Invalid and is a violation from the employer of labor protection requirements.
Another classical violation of the employee's rights is the imposition of duties for the search for a medical organization for the OPOO and for the payment of inspection. This is most often characteristic of those organizations that do not have concluded contracts for the implementation of the OPO. In this case, the employee has the right to demand from the employer of reimbursement of funds spent on the OPU. In this case, the result of examination does not matter. If the employer refuses to compensate for expenses, the employee can contact Rostrud or Court.
Often, employers send workers to the OPO in a psychiatric dispensary at the place of residence, considering that it can be carried out only there. However, as follows from articles 212 and 213 of the Labor Code and Decree of the Government of the Russian Federation of September 23, 2002 No. 695, it is the employer who chooses a medical organization in which the OPOO will be conducted and indicates it in the direction. If the Medical Psychiatric Commission will require additional documents, including from a psychdispanceer at the place of residence, it will ask them on their own.
It is important to note that in the event of an employee (future employee), the need to pass the OPOO should require the employer of the design and issuance of the direction. Without it, a medical organization will refuse to conduct an opo, and the employer will not have the obligations to reimburse the financial costs of the employee.
Answers to your questions
Is it possible to take a driver to work on a certificate without a prior medical examination?
Is receiving an institution for a vacancy "motor transport driver" for a medical certificate to obtain a driver's license without referring to a preliminary medical examination by order of the Ministry of Health of Russia from April 12, 2011 No. 302n?
Natalia Mishina (Khabarovsk)
No, not allowed. Medical certificate for obtaining a driver's license does not replace the conclusion of a medical commission, which is issued according to the results of a compulsory preliminary medical examination (clause 12 of the procedure for conducting mandatory preliminary (upon admission to work) and periodic medical examinations (surveys) of workers employed in hard work and work with Harmful and (or) hazardous working conditions (approved by the Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n)).
Which hospital to send to a psychiatric examination?
We direct on the preliminary and periodic medical examinations His workers in one of the polyclinic, with which we have a contract concluded. But where to send to a psychiatric examination - in the same clinic or another? And do you need to conclude a contract again?
Maria Veshkin (Murmansk)
You can send to the same clinic if they have relevant specialists and there is a license for a psychiatric examination. But you have to conclude a separate agreement or make an additional agreement to the existing one.
The most necessary regulations:
Remember the main thing:
1 Mandatory psychiatric examination is a separate and independent view of the examination of employees.
2 Psychiatric examination is carried out towards and at the expense of the employer's funds, regardless of the result.
3 Examination is conducted by medical psychiatric commissions of medical organizations of state and municipal health systems only if there is a direction from the employer.
4 Medical organization in which survey will be carried out, determines the employer.
5 Employer is obliged to reimburse the employee in full cashspent on conducting examination.
6 Medical Psychiatric Commission, if necessary, independently requests additional information from medical organizations, about which the employee is informed.
7 The presence of an existing conclusion according to the results of the examination is for the majority of employees prerequisite For the passage of preliminary and periodic medical examinations by order of the Ministry of Health and Social Development of Russia of April 12, 2011 No. 302n.
Andrei Kretov, an expert tradeologist of the Center for Professional Pathology of the Federal State Unitary Enterprise of the UGTS FMBC them. A.I. Burnazhan FMBA of Russia, Secretary of the Profile Commission on Profitology of FMBA of Russia and Ministry of Health of Russia (Moscow)
