Medical examination of workers: for whom it is obligatory?
Information on a state of health, the diagnosis, results of inspection is medical secret. The doctor has no right to provide this information to anybody, except the patient. If the patient minor or incapacitated (in case of a mental disease), information is provided to his parents or trustees.
But happens so - if to medical examination you are directed by the employer, he demands the document on a state of health. Whether the employer has such right? On this question the answer is given by the labor legislation.
In the Labour code of the Russian Federation (Labor Code of the Russian Federation) the list of categories of the persons which are subject to obligatory medical examination at an execution of an employment agreement (is established i.e. at employment).
Without fail will go to medical examination:
- the workers occupied on a hard work and works with harmful and (or) dangerous working conditions. The list of such works is established by the Order of the Ministry of Health and Social Development of the Russian Federation from 12. 04. 2011 No. 302n. The order can be found on the websites of help legal systems like “Guarantor“, “ConsultantPlus“, “Code“ or on the website of “The Russian newspaper“. It is in open access;
- the persons involved for work to the region of the Far North and those categorized as such of the district from other districts;
- the workers providing the movement of vehicles;
- workers of some other employers.
The last point is interpreted loosely as there is a lot of “some other“ employers. Here workers of departmental protection belong; rescuers abnormally - rescue services and professional abnormally - saving formations; pedagogical workers; judges, public prosecutor`s employees, employees of law-enforcement bodies, public or municipal servants.
If you do not treat one of these categories, can safely refuse medical examination. But you are obliged to pass it if already you work, and the employer entered the internal document (the collective agreement, regulations, the order) obliging to pass survey, and you studied this document under the signature and did not object to new conditions.
If you apply for one of the works stated above and at the same time refuse medical examination, will lawfully refuse to you employment.
If the employer employs the applicant who did not pass obligatory medical examination it will be violation of the legislation and will entail administrative responsibility both for the organization, and for her officials, including the head. At the same time upon the demand of supervisory authority the employment contract with the worker can be terminated. You lose work, and the employer to pay a considerable penalty.
Happens so that applicants for vacancy refuse to pass medical examination, referring to the fact that it is obligatory dlyarabotnik, and they workers are not yet. This objection is insolvent as in the Labor Code of the Russian Federation it is specified that medical examination has preliminary character and is carried out before an execution of an employment agreement, that is with the applicant.
For medical examination passing to the person going to work the individual direction is given. Are specified in the direction the name of the employer; form of ownership and type of economic activity; name of the medical organization, address of its location and code by PSRN; a type of medical examination (preliminary or periodic), a full name and date of birth of the person going to work; the name of structural division (in the presence) in which the person going to work will be engaged; position (profession) or type of work; harmful and (or) dangerous production factors, and also type of work according to the contingent of the workers who are subject to preliminary surveys approved by the employer.
Medical examination is usually carried out in medical institution with which the employer signed the contract. If he did not sign the contract, it is possible to pass medical examination in any medical organization at your choice. The only condition - the organization has to have the license for the right of providing medical services. District, city, settlement, republican clinics and hospitals have a license. It is necessary to check its existence at the appeal to private clinics and advice centers.
For medical examination passing the person going to work presents the direction to the medical organization; passport (other identity document), passport of health (in the presence).
The form of the document which confirms passing of preliminary medical examination depends on category of the citizens directed to survey. For minors it is the reference in a form No. 086/at. For employees of the food industry, public catering, trade, water constructions, lechebno - preventive, child care and educational institutions, the organizations - the conclusion about a possibility (impossibility) of work in specific conditions of work and the personal medical book. In the people these books call sanitary.
In other cases medical certificate about a possibility (impossibility) of work in specific conditions of work will be the document confirming medical examination passing. It is given on the basis of survey by doctors and results of analyses, is signed by the chief physician of the medical organization and is certified by the press. Expenses on passing of medical examination are incurred by the employer. At the same time services of that medical institution with which the contract is signed are paid.
In case of lack of such contract the person going to work can pass medical examination at own expense, and the organization is obliged to refund it expenses. Thus, medical examination will allow you to learn about a condition of own health, but you at the same time do not pay kopeks.
For the period of passing of obligatory medical examination for you average earnings in the place of work remain.
The employer has no right to disclose information on a state of your health, for it administrative responsibility is provided.