Change the rules of psychiatric examination of workers. On the passage of a mandatory psychiatric examination by employees
* The offer is valid for legal entities
* Get a personal commercial offer from the clinic manager
A medical commission licensed to conduct a psychiatric examination; Time convenient for you (the procedure takes no more than 30 minutes); Friendly and knowledgeable professionals.
Leave your phone number.
The clinic administrator will call you back.
Sign up for an appointment
The mental health of a person is directly related to his ability to carry out different types of work. This is especially true for professions that involve interaction with people, dangerous working conditions, the need to quickly respond to changing circumstances. It is these professions that are extremely demanding on the speed of a person’s reactions, his endurance and self-control, the ability to control the situation and sensibly assess the surrounding reality. In a word, people in positions of responsibility must be completely mentally healthy.
In our clinic, you can undergo a psychiatric examination for only 500 rubles, it is possible for specialists to visit the organization.
ALGORITHM FOR OBLIGATORY PSYCHIATRIC EXAMINATION OF CITIZENS APPLYING FOR A EMPLOYMENT CERTIFICATE.
Order of the Department of Health of the City of Moscow dated September 18, 2008 No. 705 “On the organization of mandatory psychiatric examination of workers engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as workers under conditions of heightened danger.
Who needs a psychiatric evaluation?
There is a federal list of professions whose representatives are required to undergo this type of examination at least once every 5 years. Mental disorders are a contraindication for work at height, work in extreme conditions (for example, underground or in the climate of the Far North), work related to the carrying and storage of weapons, trafficking in psychotropic drugs and drugs. Certified mental health is a mandatory requirement for firefighters, police officers, school teachers, motor vehicle drivers, office workers and representatives of some other areas.
How is the examination carried out?
If you are about to undergo the procedure for the first time, most likely you are interested in the order of its implementation. The employer issues a referral indicating the type of activity and working conditions, then an expert commission, consisting of psychiatrists, conducts a self-examination. Its purpose is to establish whether the employee has a mental disorder, as well as to determine the relationship between the nature of this disorder and the ability to safely carry out professional activities, the type of which is indicated in the direction of the employer.
In our country, it is customary to be wary of psychiatrists, but in fact there is nothing to fear: an adequate person who is of sound mind will not be “attributed” to any diagnoses. Even if you come to the examination not in the best mood, this does not threaten you in any way. If the doctor notes that you have signs of depression and stress, he may advise you to seek advice, but there will be no professional restrictions in this case. Thus, there is no need to "prepare" for the examination.
Certification is a voluntary procedure. However, if you refuse to take it, this may be the basis for your dismissal.
To determine your mental health status, the doctor will ask you questions. Some of them may seem a little strange to you, but there are no random ones among these questions: the doctor will evaluate both the content of your answers and the speed of your reaction, and other nuances will not be left without attention. People suffering from mental disorders often have problems with abstract thinking, some diagnoses are characterized by incoherent speech, logical disorders and other features that are clearly manifested during personal communication.
The tour will take no more than 30 minutes.
Mandatory cases of examination
The legislation of the Russian Federation names the categories of employees who, in any case, must undergo a psychiatric examination during employment ( article 213 of the Labor Code of the Russian Federation):
- minors (under 18 years of age);
- applying for positions for which an examination is provided for by the Labor Code of Russia;
- applying for positions for which examination is provided for by other laws of the Russian Federation.
Cases regulated by the Labor Code of the Russian Federation, in turn, are divided into three conditional groups:
1. Special working conditions (Part 1 of Article 213 of the Labor Code). This category of people is associated with work that has specific working conditions:
- work with chemicals, explosives and other objects that pose a threat to health;
- underground, as well as lifting and high-altitude work (in these cases, a person is checked for claustrophobia or fear of heights);
- employees whose work is somehow related to transport (drivers, pilots, as well as dispatchers and traffic controllers);
- work that poses an increased danger and the need to carry weapons (army, police, security agencies).
2. Social areas (Part 2 of Article 213 of the Labor Code of the Russian Federation).
This includes professions in areas related to service and social interaction:
- places of public catering and food industry;
- trade and consumer services;
- hospitals and clinics;
- schools, children's camps, etc.
- office workers
3. By decision of local authorities (part 4 of article 213 of the Labor Code of the Russian Federation). This group is ambiguous. It allows for various additional cases of mandatory psychiatric examination, which are established by decision of local governments, if there are sufficiently good reasons for this.
Rules for mandatory examination
The conditions to which the mandatory psychiatric examination of employees meets are regulated by the Government of the Russian Federation in Decree No. 695 of September 23, 2002. The document stipulates the rules for passing the procedure by persons working in conditions that pose a danger to the health of the citizen himself and the people around him:
- Regular psychiatric examinations are subject to persons working in positions that fall into the list of “Mandatory Cases”.
- The norms that are established by Russian law regarding the right of a citizen to receive psychiatric care and guarantees of its provision determine an exclusively voluntary basis for the examination of an employee.
- The purpose of the survey is to determine the suitability and suitability of mental health for admission to jobs that have special conditions.
- The assessment of the mental state is carried out by the SANMEDEKSPERTA commission, which consists of three specialists: two psychiatrists and a chairman.
Check out the documents:
- Employees must undergo an examination procedure every 5 years (or more often, depending on the profession).
- When applying to SANMEDEKSPERT, a citizen must present documents confirming his identity.
- The enterprise issues a referral for examination to indicate the type of activity of the employee and his working conditions.
- The decision of the medical commission is issued to the employee on the day of the examination. The message of the medical commission on the date of the commission's decision and the date of its issue to the employee is sent to the customer in writing within 3 working days after its adoption. In cases for the necessary additional information, it is allowed to extend the period up to 30 working days with the obligatory notification of the subject.
In accordance with the Rules, a citizen has the right to familiarize himself with the results of the examination and, in case of disagreement, appeal against them in court.
Rules for passing a psychiatric examination (examination)
General provisions for employers and job applicants:
- Mandatory psychiatric examination is required for applicants for positions associated with potentially dangerous activities (military service, chemical industry, etc.);
- According to the current legislation of the Russian Federation, the examination is carried out exclusively voluntarily. Forcibly, research is assigned only in cases where a person poses a real threat to himself and / or society;
- The examination is carried out only for the purpose of determining the professional suitability of the candidate or current personnel for the implementation of a particular category of work. Sometimes research is required to assess the mental state of an employee. The task of the event is to establish the relationship between the character of a person and the possibility of fulfilling his official duties;
- Only qualified medical personnel from an independent commission have the right to conduct an examination;
- No more than 20 working days should elapse from the moment the employee or applicant applies to the medical board;
- The minimum frequency of examination for an employee is once every 5 years (in some positions - once every 6 months);
- The employee has the right to ask questions related to the state of his mental health, during the entire period of the commission and after giving an opinion by doctors;
- Appealing the result of the examination is permissible in a fixed manner, in accordance with legislative norms;
- Refusal to pass the examination threatens the employee with removal from service. Repeated violation will result in dismissal.
The number of organizations and isolated institutions that require a mental health assessment when approving a candidate for a position is growing every year. Expertise is a responsible event that requires certain time and material costs. It is important that such procedures do not cause harm and moral damage to either employees or employers, but entail only positive results for all parties involved.
Responsibility for ignoring the need for survey
The approval of an employee who has not passed a psychiatric examination to an official position is punishable in accordance with Part 3 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation. Liability (fine) rests entirely with the organization or the head of the institution.
- For officials in the amount of 15-25 thousand rubles;
- For persons engaged in entrepreneurial activities without forming a legal entity - from 15-25 thousand rubles;
- For legal entities, the fine is 110-130 thousand rubles.
The same penalties are relevant for the admission to the performance of work of a person whose mental state does not meet the prescribed standards.
Who can conduct an examination?
Psychiatric examinations have the right to conduct public and private clinics that have the wording psychiatry, psychiatric examination in the license. Professional medical commissions on psychiatry should work in the institution.
This rule is valid in accordance with the Decree of the Government of the Russian Federation of September 23, 2002 (No. 695).
The SANMEDEKSPERT clinic has all the documents that allow for an independent psychiatric examination within its walls.
Material and organizational aspects
All financial expenses provided for the procedure are borne by the employer. The organization may contract with private medical centers licensed for psychiatric examinations to help conduct regular assessments of employees and job applicants.
The direction is issued by the organization to the candidate for the vacancy if he is suitable for service according to other criteria. The deadlines for passing the commission are negotiated on an individual basis, according to the calendar plan.
When contacting the SANMEDEKSPERT clinic for an examination, you must have with you:
- Identification document (internal passport of a citizen of the Russian Federation); military ID.
- Referral from employer.
A citizen has the right to apply to a state or commercial structure licensed for a psychiatric examination, undergo a psychiatric examination and reimburse this procedure by contacting the employer.
Mandatory psychiatric examination of workers in the Moscow region engaged in activities related to sources of increased danger
(You can read the order)
To undergo a mandatory psychiatric examination in the Moscow region, the patient must provide the following documents:
- passport,
- referral from the employer.
- medical documents:
- outpatient card,
- medical examination card,
- a certificate from a psycho-neurological institution at the place of permanent registration (if the patient does not work at the place of permanent registration),
- medical report based on the results of the previous examination (if any),
- military ID (for those liable for military service).
According to the results of the examination, the clinic specialists form the following documents:
If the commission reveals contraindications for the implementation of the declared work and recognizes the employee as unfit, the patient is offered to undergo an additional examination in order to be transferred to another position.
Questions and answers
Who conducts the examination - a psychologist or a psychiatrist?
Answer:. The competencies of a psychiatrist and a psychologist are different: the first specialist has a medical education and has the right to diagnose and treat. The second one is not. Psychiatric examination is a purely medical measure carried out by a doctor.
If I've been diagnosed and I don't agree with it, what should I do?
Answer: In this case, you can be re-examined. An independent medical commission will examine you again, after which the diagnosis will either be confirmed or withdrawn.
What tests will need to be passed during the examination?
Answer: Not complicated. The psychiatrist may, for example, ask you a question about the meaning of a certain proverb or saying, or ask how much is two multiplied by seven. You should not be indignant - no one suspects you that you did not go through the multiplication table. It is the doctor's professional duty to ask questions and observe the patient's reaction.
Do office workers need to undergo a psychiatric examination when they are hired and periodically - once every 5 years?
Answer: These employees are required to undergo a mandatory psychiatric examination at least once every five years if they carry out activities or work under the conditions provided for by the List of medical psychiatric contraindications for certain types of professional activities and activities associated with a source of increased danger (approved by Decree of the Government of the Russian Federation dated 04/28/1993 N 377).
Legal rationale
According to part 5 of Art. 213 of the Labor Code of the Russian Federation, employees engaged in certain types of activities, including those associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger, undergo a mandatory psychiatric examination at least once every five years the procedure established by the federal executive body authorized by the Government of the Russian Federation.
Decree of the Government of the Russian Federation of September 23, 2002 N 695 approved the Rules for the obligatory psychiatric examination of employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as those working in conditions of increased danger approved (hereinafter - the Rules).
As follows from the Rules, employees engaged in certain types of activities, as well as those 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 associated with a source of increased danger, undergo mandatory psychiatric examination. This List was approved by Decree of the Government of the Russian Federation of April 28, 1993 N 377.
Information portal of Rostrud "Onlineinspektsiya.RF", June 2016
According to Government Decree No. 695 “On the passage of a mandatory psychiatric examination by employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as with Decree of the Government of the Russian Federation dated April 28, 1993 No. 377 Employees engaged in certain types of activities must undergo a mandatory psychiatric examination (OPE).
OPO is the main part of any medical examination (preliminary, extraordinary, periodic). Most often, HPF is required for workers who are in daily contact with substances harmful to health, or for those who are exposed to adverse production factors and operate in high-risk conditions.
Baltiysky Medical Center, for the convenience and improvement of the quality of service to its clients, received a license to carry out HIF for employees engaged in certain types of work. Our center has a full staff of specialists and all the necessary equipment for conducting OPO.
When might an OP be required?
Referring to the Labor Code of the Russian Federation, the employer does not have the right to allow an employee to work, who has not passed the mandatory medical examination. Moreover, he is obliged to remove him from activities until the completion of the medical examination. The PPO procedure is aimed at identifying (excluding) deviations in the employee's mental health, which may adversely affect his professional activities. Fatigue, excessive excitability, loss of control over one's behavior, inability to make the right decision in difficult situations, serious mental disorders - all these factors contribute to the risk of harming the health of people around.
How is the OPO carried out?
OPO is carried out before a preliminary (when hiring) or before a periodic (every five years) medical examination at the expense of the employer's own funds and is carried out only by a highly qualified medical psychiatric commission. The Medical Commission consists of three or more highly qualified psychiatrists.
For PBO, the employee must present the appropriate referral issued directly by the employer. In the referral, the employer must indicate the field of activity in which a particular employee is engaged, and his working conditions, which are indicated in the List. In addition, the employee must present a passport or any other document that proves his identity.
PIF is carried out within 20 days after the employee applies to the psychiatric commission. If necessary, the commission of psychiatrists may request additional information about the health of a particular employee from various medical institutions, while the employee is notified in advance. The decision will be made within ten days from the receipt of the requested information.
Conclusion on HPF
The conclusion of the GRO is based on a decision taken by the commission by voting. The conclusion of the GRO prescribes the suitability or unsuitability of a particular employee to perform their own duties in those types of activities that were indicated by the employer in the direction.
The conclusion is drawn up in writing and issued directly to the employee. He confirms the receipt with his own signature. During the same period, the commission notifies the employer of the decision made by the GRO, where it indicates the date the conclusion was made and issued to the employee.
Refusal to pass the OPO
In the event of an employee's refusal to undergo an HIF, the employer removes him from work without pay. Refusal is made in documentary form. If the employee disagrees with the conclusion of the commission, he has the right to appeal against it in court.
MC "Baltiysky" has a license to conduct hazardous production facilities, staffed with the necessary specialists, as well as the latest equipment for the implementation of such services. The medical commission for conducting public health education is registered with the Local Administration of the Municipal Formation of the Admiralteisky District of the city of St. Petersburg.
What determines the procedure for a psychiatric examination
One of the main obligations of the employer in the field of labor protection is the organization of both mandatory preliminary and periodic medical examinations (hereinafter referred to as PMO) and mandatory psychiatric examinations of employees (hereinafter referred to as OPO) (Article 212 of the Labor Code of the Russian Federation).
An analysis of the appeals received by various state authorities, as well as the experience of communicating with various interested specialists, shows that at the moment there is a significant gap both on the part of labor protection specialists and medical organizations in understanding the current system of organizing and conducting HPF.
The main regulatory documents that determine the procedure for organizing and conducting public safety projects are:
— Labor Code (Article 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 care 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 a mandatory psychiatric examination by employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of heightened danger.
Which of the employees must undergo a psychiatric examination
Mandatory psychiatric examination must be carried out by employees:
- whose activities are associated with sources of increased danger (there is the influence of harmful substances and adverse production factors);
- who work in conditions of increased danger;
employed in certain types of activities (part six of article 213 of the Labor Code of the Russian Federation).
warns
Maksim TERESHKOV, Head of the Legal Department at FINAM Investment Company (Moscow)
If the employer accepted a certificate from the employee stating that he was not registered with a psychiatric dispensary, and on its basis did not send the employee for a mandatory psychiatric examination, then such an employer may be punished by the labor inspectorate. The amount of the fine for admission to work without passing a mandatory medical examination or psychiatric examination for an organization is from 110,000 to 130,000 rubles, and for entrepreneurs and heads of organizations - from 15,000 to 25,000 rubles (part 3 of article 5.27.1 of the Code of Administrative Offenses of the Russian Federation) .
The list of certain types of activities (harmful production factors and types of work), the scope of the examination and medical psychiatric contraindications are established by Decree of the Government of the Russian Federation of April 28, 1993 No. 377. April 2011 No. 302n. Thus, in the vast majority of cases where an employee is required to undergo a PMO, they will also have to undergo a PMO.
How is a psychiatric examination different from a medical examination?
In practice, unfortunately, very often and unreasonably, the conduct of an EP is confused with an examination by a psychiatrist as part of the PMO. In order to avoid mistakes in the organization of HIFs and correctly comply with the current labor protection requirements, the employer should understand that:
Psychiatric examination and medical examination are independent and independent of each other types of medical examination of employees.
PMO and PMO are carried out on the basis of different documents: the basis for PMO is the Decree of the Government of the Russian Federation of September 23, 2002 No. 695, and for PMO - the order of the Ministry of Health and Social Development of Russia of April 12, 2011 No. 302n.
OPO and PMO are carried out by different medical commissions. The GP is carried out by a medical psychiatric commission created by the health management body (that is, only state and municipal medical organizations are entitled to conduct it). PMO - medical commission for preliminary and periodic medical examinations of medical organizations of any form of ownership.
Based on the results of the HPF and PMO, the employee receives two different independent medical reports: in the first case, a medical report on the presence (absence) of medical psychiatric contraindications established by Decree of the Government of the Russian Federation of April 28, 1993 No. 377 (hereinafter referred to as Decree of the Government of the Russian Federation No. 377), in the second - about the presence (absence) of medical contraindications, defined in paragraph 48 of Appendix No. 3 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.
How to organize a psychiatric examination
An examination by a psychiatrist within the framework of the PMO does not cancel the obligation of the employer to organize a PBO. An employee must undergo an HPF if his work contains harmful factors or types of work specified in the list of Decree of the Government of the Russian Federation No. 377. This provision was also confirmed by the decision of the Supreme Court of the Russian Federation dated December 18, 2012 No. AKPI12-1363.
When organizing a mandatory psychiatric examination, it should be borne in mind that the employer:
– when hiring independently, based on working conditions, determines the need for organizing an HIF for a future employee and subsequently monitors the passage of repeated examinations at least once every five years;
– determines in which medical organization the employee (future employee) will undergo the HPF, and concludes an agreement with this medical organization;
- issues to the employee (future employee) a referral to the HPF, in which the items of the list of Decree of the Government of the Russian Federation No. 377 are indicated without fail, in respect of which the employee is required to undergo the HPF;
- allows the employee to perform official duties only if there is a conclusion based on the results of the HIF that there are no medical psychiatric contraindications for those production factors and types of work that were indicated by the employer in the direction;
- sends to PMO only if there is a valid conclusion on the results of the HPF (clause 9 of Appendix No. 3 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n).
The algorithm for making a decision to conduct a psychiatric examination is shown in the diagram.
Based on the results of the PBO, the medical psychiatric commission issues a medical report to the employee against signature and sends a message to the employer about the date the decision was made by the commission and the date the report was issued to the employee.
What violations do employers commit when organizing a psychiatric examination
The results of expert activities show that employers often, instead of a conclusion based on the results of an HPF, accept a certificate from an employee from a psychiatric dispensary stating that he is not on a psychiatric register. This approach is unacceptable and is a violation of labor protection requirements by the employer.
Another classic violation of the rights of an employee is the imposition of duties on him to find a medical organization for conducting an HIF and to pay for the examination. Most often, this is typical for those organizations that do not have concluded contracts for the conduct of HPF. In this case, the employee has the right to demand that the employer reimburse the money spent by him on the hazardous production facility. In this case, the result of the examination does not matter. If the employer refuses to compensate for the expenses, the employee can apply to Rostrud or the court.
Quite often, employers send employees to a psychiatric dispensary at the place of residence for HIF, believing that it can only be carried out 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 the medical organization in which the HPF will be carried out and points it in the direction. If the medical psychiatric commission needs additional documents, including from the psychiatric clinic at the place of residence, it will request them on its own.
It is important to note that if an employee (future employee) needs to undergo an HIF, he should require the employer to issue and issue a referral. Without it, the medical organization will refuse to conduct an HPF, and the employer will not have an obligation to reimburse the financial costs of the employee.
Answers to your questions
Is it possible to hire a driver on a certificate without a preliminary medical examination?
Is it allowed to be admitted to an institution for the vacancy "Driver of vehicles" on a medical certificate to obtain a driver's license without a referral for a preliminary medical examination by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n?
Natalia MISHINA (Khabarovsk)
No, not allowed. A medical certificate for obtaining a driver's license does not replace the conclusion of the medical commission, which is drawn up based on the results of a mandatory preliminary medical examination (clause 12 of the Procedure for conducting mandatory preliminary (when applying for a job) and periodic medical examinations (examinations) of workers engaged in heavy work and work with harmful and (or) dangerous working conditions (approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n)).
Which hospital should I send for a psychiatric evaluation?
We send our employees for preliminary and periodic medical examinations to one of the clinics with which we have an agreement. And where to send for a psychiatric examination - to the same clinic or another? And do I need to re-sign the contract?
Maria VESHKINA (Murmansk)
You can send to the same clinic if they have the appropriate specialists and have a license to conduct a psychiatric examination. But you will have to conclude a separate agreement or draw up an additional agreement to the existing one.
The most necessary regulations:
Remember the main thing:
1 Mandatory psychiatric examination is a separate and independent type of examination of employees.
2 Psychiatric examination is carried out in the direction and at the expense of the employer, regardless of the result.
3 Examination is carried out by medical psychiatric commissions of medical organizations of the state and municipal health care systems only if there is a referral from the employer.
4 The medical organization in which the examination will be carried out is determined by the employer.
5 The employer is obliged to reimburse the employee in full the money spent on the examination.
6 The medical psychiatric commission, if necessary, independently requests additional information from medical organizations, of which the employee is notified.
7 The presence of a valid conclusion based on the results of the examination is a prerequisite for the majority of employees to undergo preliminary and periodic medical examinations by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.
Andrey KRETOV, expert occupational pathologist, Center for Occupational Pathology A.I. Burnazyan FMBA of Russia, Secretary of the profile commission for occupational pathology of the FMBA of Russia and the Ministry of Health of Russia (Moscow)