Article 212 of the Labor Code of the Russian Federation, old edition. Responsibilities of the employer to ensure safe working conditions

Occupational safety - a system for preserving the life and health of workers in the process labor activity, which includes legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and preventive, rehabilitation and other measures. The Labor Code defines the main range of responsibilities in the field of labor protection to ensure that the working conditions in which employees work are safe (or reduce harmful and dangerous production factors in the workplace) and meet labor safety standards. Let's talk about such responsibilities today.

First of all, it is worth saying that the employer has quite a lot of responsibilities in the field of labor protection. Moreover, they can be found not only in the Labor Code, but also in other regulatory legal acts - decrees of the Government of the Russian Federation, the Ministry of Labor, SanPiN and other documents, there are more than 20 of them alone. Of course, we cannot consider all the responsibilities, so we will focus on the main ones.

Creation and operation of a labor protection management system

To fulfill this obligation, the employer must take a number of actions:

1) ensure the availability of a set of regulatory legal acts, containing labor protection requirements in accordance with the specifics of the organization’s activities (Part 2 of Article 212 of the Labor Code of the Russian Federation). This is understandable - until such a regulatory and legal framework for the organization has been created, complying with labor protection requirements is problematic not only for the employer, but also for the employees. This database should include both federal laws and other regulatory legal acts containing state regulatory requirements for labor protection (labor safety standards, rules and standard instructions on labor protection, state sanitary and epidemiological rules and regulations (sanitary rules and regulations establishing requirements for working environment factors and labor process)), and local regulations(various provisions, provisions, production control programs, instruction logs, training programs for safe labor practices, labor protection instructions, etc.);

2) develop and approve rules and instructions on labor protection for workers. When developing instructions, you can take standard labor protection instructions as a basis and follow Section. IV Methodological recommendations on the development of state regulatory requirements for labor protection, approved by Resolution of the Ministry of Labor of Russia dated December 17, 2002 N 80.

- "General requirements labor protection";

- “Occupational safety requirements before starting work”;

- “Occupational safety requirements during work”;

- “Occupational safety requirements in emergency situations”;

- "Occupational safety requirements upon completion of work."

All of them must be developed taking into account the specifics of the institution and the work performed by employees.

For your information. The validity period of the labor protection instructions is five years. After this period, the instructions must be revised.

The important point is that labor safety instructions are approved taking into account the opinion of the trade union body in the manner established;

3) create a labor protection service. In accordance with the requirements, each employer carrying out production activities, the number of employees of which exceeds 50 people, creates a labor protection service or introduces the position of a labor protection specialist with appropriate training or experience in this field. If the number of employees is less than specified, the employer decides to create such a service, taking into account the specifics of its activities. In the absence of such, their functions are performed by the head of the organization, another employee authorized by the employer, or an organization or specialist providing services in the field of labor protection under a civil law contract.

Recommendations for organizing the work of the labor protection service in an organization are approved by Resolution of the Ministry of Labor of Russia dated 02/08/2000 N 14. The same Recommendations will help to understand the tasks and functions of such a service, as well as determine its structure and number;

4) equip an office or corner for labor protection. One of the important conditions for the normal functioning of the labor protection service is the organization by the employer of an office or labor protection corner. According to the Resolution of the Ministry of Labor of Russia dated January 17, 2001 N 7 “On approval of Recommendations for organizing the work of the labor protection office and the labor protection corner” in organizations engaged in production activities with 100 or more employees, as well as in organizations whose specific activities require carrying out personnel have a large amount of work to ensure occupational safety, it is recommended to create an occupational safety office; in organizations with less than 100 employees and in structural divisions of organizations - the labor protection corner.

It is recommended to allocate a special room for the occupational safety office, consisting of one or several rooms (offices), which is equipped with technical means, teaching aids and samples, illustrative and information materials on labor protection. The occupational safety corner is designed depending on the area allocated for its placement. For example, it can be presented in the form of a stand, a showcase or screen, or a computer program.

Occupational safety training

The next important responsibility of the employer is to ensure that all employees are aware of labor safety rules. For this purpose, according to Art. 225 of the Labor Code of the Russian Federation, all employees, including heads of organizations, are required to undergo training in labor protection and testing of knowledge of labor protection requirements in the Procedure established by Resolution of the Ministry of Labor of Russia, Ministry of Education of Russia dated January 13, 2003 N 1/29.

Employees are trained in labor safety rules through briefings and training. safe methods and methods of performing work and providing first aid to victims.

Introductory (conducted by the manager or occupational safety specialist with all persons hired, employees seconded to the organization, undergoing internship in the organization, and other persons participating in the production activities of the organization);

Primary at the workplace (carried out before the start of independent work heads of structural divisions);

Repeated (the same workers who received initial instruction at the workplace undergo it at least once every six months. In industries with harmful and dangerous working conditions, repeated instruction must be carried out at least once every three months);

Unscheduled (carried out in certain cases, for example, when new regulations containing labor protection requirements are introduced; changes in production processes, technological processes, replacement or modernization of equipment, devices, tools; breaks in work for more than two months, etc.);

Targeted (carried out to perform one-time work that is not directly related to the duties of the specialty (loading, unloading, cleaning the territory, etc.), when eliminating the consequences of accidents, natural disasters and work for which a work permit, permit or other is issued special documents).

The specific procedure, conditions, terms and frequency of all types of briefings on labor protection for employees of individual industries and organizations are regulated by the relevant industry and cross-industry regulatory legal acts on labor safety and health.

In any case, the conduct of all types of briefings is recorded in the appropriate journals with the signatures of the instructed and the instructing, as well as the date of the briefing.

For your information. Managers and specialists of organizations undergo special training in labor protection upon entering work during the first month, then as necessary, but at least once every three years. Such training is carried out according to relevant labor protection programs directly by the organization itself or educational institutions professional education, training centers if they have a license to conduct educational activities, teaching staff specializing in the field of labor protection, and the corresponding material and technical base.

In addition to conducting briefings, the employer (or a person authorized by him) is obliged to organize training in safe methods and techniques for performing work for all persons entering work, as well as persons transferred to another job within a month after hiring. The training of persons hired for jobs with hazardous working conditions must end with an internship and passing exams.

The procedure, form, frequency and duration of training on labor protection and testing of knowledge of labor protection requirements for workers in blue-collar professions are established by the employer (or his authorized person) in accordance with regulatory legal acts governing safety specific types works

Please note that theoretical knowledge of labor protection requirements and practical safe work skills must be tested by immediate supervisors. Managers and specialists of organizations undergo regular testing of knowledge of labor protection requirements at least once every three years.

To carry out such an inspection, an order creates a commission to test knowledge of labor protection requirements, consisting of at least three people who have completed training in labor protection and tested knowledge of labor protection requirements in the prescribed manner.

For your information. The commission for testing knowledge about the labor protection requirements of organizations includes heads of organizations and their structural divisions, specialists from labor protection services, chief specialists (technologist, mechanic, power engineer, etc.), representatives of the elected trade union body.

The results of testing knowledge about the labor protection requirements of the organization's employees are documented in a protocol. An employee who successfully passes the test is issued a certificate. If the employee does not pass the test, he is obliged to undergo a second knowledge test within a period of no later than one month.

Remember that according to Art. 212 of the Labor Code of the Russian Federation, if an employee has not completed training and instructions on labor protection, internship and testing of knowledge of labor protection requirements, the employer is obliged not to allow him to work.

Providing means of protection against harmful and dangerous factors

Articles 212 and 221 of the Labor Code of the Russian Federation establish the obligation to provide workers with funds personal protection(PPE). In particular, these standards determine that the employer, at his own expense, is obliged to provide personal protective equipment to persons engaged in work with harmful and (or) dangerous working conditions or work performed in special conditions. temperature conditions or related to pollution.

PPE includes special clothing (overalls, suits, jackets, trousers, dressing gowns, sheepskin coats, sheepskin coats, mittens), special footwear (boots, dielectric galoshes, etc.), glasses, helmets, gas masks, respirators, flushing and disinfectants.

Intersectoral rules for providing workers with special clothing, special footwear and other personal protective equipment were approved by Order of the Ministry of Health and Social Development of Russia dated June 1, 2009 N 290n. The requirements of these Rules apply to employers - legal entities and individuals, regardless of their legal forms and forms of ownership.

Note. Standard standards for the free distribution of flushing and (or) neutralizing agents to employees are approved by Order of the Ministry of Health and Social Development of Russia dated December 17, 2010 N 1122n.

Please note that the provision of PPE to employees is carried out in accordance with standard standards and based on the results of a special assessment of working conditions. But the employer has the right to independently establish standards for the free issuance of PPE to employees, which improve protection from existing negative factors compared to the Model Standards (Part 2). In this case, it is necessary to take into account the opinion of the elected body of the primary trade union organization or other representative body of workers.

PPE issued to employees must correspond to their gender, height, size, as well as the nature and conditions of the work they perform. In addition to individual equipment, there is general-use PPE, which is issued for the duration of the specific work for which it is intended. These are the so-called duty PPE. These include, for example, a signal vest, a safety harness, dielectric galoshes, gloves and a mat, safety glasses, face shields, and a helmet.

The employer is obliged not only to issue PPE to employees, but also to ensure, at his own expense, the care of PPE - they need to be stored, cleaned, washed, decontaminated, disinfected, dried, etc. Moreover, the employer is responsible for the timely and full issuance of tested equipment to employees. in accordance with the established procedure, certification or declaration of conformity of PPE in accordance with the Model Standards, organization of control over the correct use of PPE by employees, as well as storage and care of the equipment.

Conducting a special assessment of working conditions

Conducting a special assessment of working conditions is one of the employer’s responsibilities in accordance with Art. 212 Labor Code of the Russian Federation. Conducting such an assessment will help the employer:

Develop and implement measures to improve working conditions;

Inform employees about working conditions in the workplace, as well as provide them with PPE;

Determine who is entitled to guarantees and compensation provided for by the Labor Code of the Russian Federation;

Conducting a special assessment is regulated by Law No. 426-FZ. So, according to Art. 8 of this Law, a special assessment of working conditions is carried out jointly by the employer and the organization involved on the basis of a civil contract. Please note that a special assessment can only be carried out by organizations that have at least five experts on staff, structural subdivision- an accredited laboratory, and information about these organizations is contained in the register of organizations conducting a special assessment of working conditions.

Please note that a special assessment of working conditions in the workplace is carried out at least once every five years. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.

Note! If before the entry into force of Law N 426-FZ, certification of workplaces for working conditions was carried out, a special assessment of working conditions in relation to such workplaces may not be carried out for five years from the date of completion of this certification (clause 4 of Article 27 of Law No. 426-FZ).

Investigation and recording of industrial accidents and occupational diseases

Investigation and accounting in accordance with Art. 227 of the Labor Code of the Russian Federation are subject to accidents that occur with employees and other persons participating in the production activities of the employer, when they perform labor responsibilities or performing any work on behalf of the employer.

Events that qualify as an accident include:

Bodily injuries (injuries), including those inflicted by another person;

Heat stroke, burn, frostbite;

Drowning;

Defeat electric shock, lightning, radiation;

Bites and other bodily injuries caused by animals and insects;

Damage due to explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergency circumstances.

That is, any damage to health caused by exposure to external factors, resulting in the need to transfer the employee to another job, temporary or permanent loss of ability to work, or the death of the victims are recognized as accidents.

A distinction is made between an industrial accident and an accident not related to production. The list of cases not related to production is established by Art. 229.2 Labor Code of the Russian Federation.

To investigate an accident, the employer must by order create a special commission (the procedure for forming such a commission is approved by Article 229 of the Labor Code of the Russian Federation), which establishes the circumstances of the accident, the persons who committed violations of labor protection requirements, qualifies the case as an industrial accident or as an accident, not related to the proceedings, determines the degree of guilt of the insured and forms the case materials. At the end of the investigation, an act N-1 is drawn up in Form 2 of Appendix 1 to Resolution No. 73 (if the accident was recognized as an industrial incident) or an act in Form 4 of Appendix 1 to Resolution No. 73 (if the incident is recognized as not related to production) (Art. 230 Labor Code of the Russian Federation).

Note! According to Art. 229.1 of the Labor Code of the Russian Federation, the investigation of an accident, as a result of which one or more victims received minor health injuries, is carried out by the commission within three days. The investigation of an accident, as a result of which the victims suffered severe health injuries, or an accident (including a group one) with a fatal outcome is carried out by the commission within 15 days.

In addition to conducting an investigation, the employer is obliged to inform various authorities and authorities about the accident - the prosecutor's office, State Tax Inspectorate, Social Insurance Fund, trade union, executive authority (whom to notify depends on the number of victims and the severity of the accident).

Medical examinations

In cases provided for labor legislation, the employer is obliged to organize the following mandatory medical examinations at his own expense:

Preliminary (upon entry to work), periodic (during employment) and extraordinary medical examinations (examinations) of employees;

Psychiatric examinations (including at the request of employees in accordance with medical recommendations).

Mandatory medical examinations and examinations are carried out at the expense of the employer (Articles 213, 266, 328 of the Labor Code of the Russian Federation):

For minor workers;

For persons employed in work with harmful and dangerous working conditions;

For employees of food industry organizations, Catering and trade, water supply facilities, medical and preventive care and children's institutions;

For workers engaged in certain types of activities, including those associated with sources of increased danger;

For workers whose work involves the movement of vehicles.

In addition, state and municipal employees, teachers, persons involved in work on a rotational basis, as well as those arriving to work in the Far North regions must undergo medical examinations.

Finally

In the article, we did not tell you about all of the employer’s labor protection responsibilities. In addition to those discussed, the employer is obliged to ensure a regime of work and rest for employees in accordance with labor legislation, organize control over the state of working conditions in the workplace, as well as over the correct use of personal and collective protective equipment by employees, and take measures to prevent emergency situations, preserving the life and health of workers in the event of such situations, including providing first aid to victims, as well as compulsory social insurance of workers against industrial accidents and occupational diseases.

In this publication, you will learn what the employer's responsibilities are in the field of labor protection, including the employer's responsibilities in the event of an accident at work, as well as what basic legislative documents the employer must follow to ensure safe working conditions. We have fully published Article 212 of the Labor Code of the Russian Federation with our comments for 2018. The article will be useful for the head of an organization and a labor protection specialist.

Occupational Safety and Health is a set of measures to protect the life and health of workers in an organization, which allows solving the problem of maintaining stable labor productivity. Violation of labor safety conditions at any enterprise can lead to an increase in injuries and an increase in the risk of occupational diseases.

Only the state and authorities participate in labor protection activities local government, various authorized organizations, but also employers and employees who have their rights and obligations, and also bear responsibility in accordance with the law.

All employer responsibilities in the field of labor protection are specified in Article 212 of the Labor Code of the Russian Federation. Let's take a closer look at the employer's responsibilities, what he is responsible for and what he must provide.

(Clauses of Article 212 of the Labor Code of the Russian Federation are marked brown, our comments are below them)

Article 212 of the Labor Code of the Russian Federation with comments from 2018 “Obligations of the employer to ensure safe conditions and labor protection”

Responsibilities for ensuring safe conditions and labor protection rest with the employer.

According to Article 212 of the Labor Code of the Russian Federation, the employer is responsible not only for labor productivity and payment of wages to employees, but also for safe working conditions at the enterprise itself. These responsibilities are specified in the entire 10th chapter of the Labor Code of the Russian Federation.

The employer is obliged to ensure the safety of workers during the operation of buildings, structures, equipment, implementation of technological processes, as well as tools, raw materials and materials used in production.

The operation of buildings, structures and equipment must comply with state regulations regulatory requirements labor protection, which are prescribed in Article 211 of the Labor Code of the Russian Federation. Such regulations establish rules, procedures, criteria and standards aimed at preserving the life and health of workers at the enterprise. These are sanitary rules and regulations, hygiene standards, labor safety standards, labor protection rules, labor protection instructions, etc.

Projects for the construction and reconstruction of production facilities must comply with labor protection. Production equipment, vehicles, products must have certificates of compliance with labor protection.

The employer is obliged to ensure the creation and operation of a labor safety management system.

To create a labor protection system it is necessary to apply international principles on occupational safety management, a system of national labor safety standards, GOSTs, etc.

The employer is obliged to ensure the use of those that have passed mandatory certification or declaration of conformity in accordance with the legislation Russian Federation on technical regulation of the procedure for individual and collective protective equipment for workers.

Personal protective equipment (PPE) is used in those enterprises where it is necessary to protect workers from exposure to harmful and dangerous production factors and pollution. These are work clothes, special shoes and other personal protective equipment, which are issued to employees free of charge, i.e. at the expense of the employer. More detailed information You can read about personal protective equipment in Article 221 of the Labor Code of the Russian Federation.

Collective protective equipment includes technical means protection, for example, from the impact of moving parts of equipment that are a source of danger, from getting into work area With harmful substances and so on.

The employer is responsible for ensuring working conditions in each workplace that meet labor safety requirements.

The employer of any organization is obliged to continuously ensure the safety of workers, regardless of the presence of hazardous labor factors.

To determine the compliance of working conditions, the employer must organize control over the state of working conditions in the workplace. For example, before starting work, the head of a workshop, site, etc., is obliged to check the equipment, fixtures, ventilation, grounding, starting, signaling devices. Make sure that it is in full working order and safe.

The employer is obliged to ensure the work and rest regime of employees in accordance with labor legislation and other regulatory legal acts containing labor law norms.

The concept of working time is described in section 4 of the Labor Code of the Russian Federation, and rest time - in section 5 of the Labor Code of the Russian Federation.

Work time- this is the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must fulfill the labor duties of Art. 91 Labor Code of the Russian Federation.

Working hours cannot exceed 40 hours per week. The employer is required to keep records of working hours for each employee.

Time relax– this is the period during which the employee is free from performing his duties. The employee can use this time at his own discretion. According to Art. 107 of the Labor Code of the Russian Federation, rest time includes a break during the day, daily and inter-shift rest, weekends, non-working days holidays and vacations.

The employer is obliged to ensure the acquisition and issuance at his own expense of special clothing, special shoes and other personal protective equipment, flushing and neutralizing agents that have undergone mandatory certification or declaration of conformity in the manner established by the legislation of the Russian Federation on technical regulation, in accordance with established standards for employees employed at work with harmful and (or) dangerous working conditions, as well as at work performed in special temperature conditions or associated with pollution.

To do this, the employer must prepare and approve in advance an appropriate list of professions and types of work for which the specified funds are provided free of charge. The employer is obliged to ensure the storage, washing, drying, disinfection and repair of special clothing, shoes and other personal protective equipment issued to employees in accordance with established standards.

The employer’s responsibilities to ensure safe working conditions include training in safe methods and techniques for performing work, and providing first aid to victims at work, conducting labor safety briefings, on-the-job training, and testing knowledge of labor safety requirements.

According to this paragraph of Article 212 of the Labor Code of the Russian Federation, the training system includes:

— conducting briefings on labor protection;
— on-the-job training;
— occupational safety training (subject to availability);
— training in providing first aid to victims at work.

Conducting labor safety training includes familiarizing workers with harmful or dangerous production factors, studying legislation and internal instructions on labor protection, as well as studying the method of providing first aid medical care.

The employer is obliged to ensure that persons who have not undergone training and instructions on labor protection, internship and testing of knowledge of labor protection requirements are not allowed to work.

The Code of Administrative Violations provides for a maximum fine of up to 130 thousand rubles for violating this paragraph, and for a repeated violation - up to 200 thousand rubles for each untrained employee. Read about training for occupational safety specialists in our blog.

To verify the labor protection requirements of employees in organizations, by order of the employer, a commission is created to test the knowledge of at least three people who have undergone appropriate training. Employee, not verified knowledge of labor protection requirements must undergo a re-test within a period of no later than 1 month.

The employer is obliged to organize control over the state of working conditions in the workplace, as well as over the correct use of individual and collective protective equipment by employees.

To organize control at workplaces, as well as over the correct use of PPE, the employer organizes certification of workplaces according to working conditions, followed by certification of labor protection work in the organization.

Carrying out certification makes it possible to establish benefits and compensation for the employee, determine priorities in the field of labor safety and creates conditions for the prevention of industrial injuries and occupational diseases.

All workplaces, without exception, are subject to certification in order to identify harmful and dangerous factors and carry out activities to bring workplaces in accordance with labor protection standards.

Based on the results of the certification, a conclusion is issued on the compliance or non-compliance of working conditions with state regulatory requirements for labor protection.

Certification of labor protection work in an organization is carried out to obtain a safety certificate. Having a certificate allows an organization to receive discounts on the tariff for compulsory social insurance against accidents at work.

The employer is obliged to ensure that a special assessment of working conditions is carried out in accordance with the legislation on special assessment of working conditions. ( This item introduced into Article 212 of the Labor Code of the Russian Federation in new edition according to Federal Law dated December 28, 2013 N 421-FZ)

An employer cannot independently conduct a special assessment of working conditions (SOUT). Therefore, the employer’s representative must contact a specialized organization that has the appropriate accreditation in the field of SOUT. The assessment of working conditions is carried out exclusively at the expense of the employer.

The employer is obliged, in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, to organize, at his own expense, mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations of employees, extraordinary medical examinations, mandatory psychiatric examinations of workers at their requests in accordance with medical recommendations with retention of their place of work (position) and average earnings for the duration of these medical examinations, mandatory psychiatric examinations.

According to Art. 212 of the Labor Code of the Russian Federation, the employer is obliged, at his own expense, to send employees to a preliminary preventive medical examination in order to prevent occupational diseases and accidents at work.

The employer is obliged not to allow employees to perform their job duties without undergoing mandatory medical examinations, mandatory psychiatric examinations, and also in case of medical contraindications.

According to this paragraph of Article 212 of the Labor Code of the Russian Federation, the employer is obliged to remove from work an employee who has not passed the mandatory, preliminary or periodic examination. Access by an employee with medical contraindications is also prohibited. The employer is obliged, with his consent, to transfer such an employee to another acceptable work.

Informing employees about labor conditions and safety in the workplace, the risk of damage to health, the guarantees provided to them, the compensation they are entitled to and personal protective equipment are the direct responsibilities of the employer to ensure safe working conditions at work.

Such information must be provided both upon hiring and thereafter. For example, if an employee is hired to work in harmful or dangerous working conditions, he must be made aware of exactly what hazardous production factors he will have to deal with, what the risk of his health, injury, occupational disease is, what measures of protection are applied against exposure to adverse factors , whether collective protection measures have been established, whether personal protective equipment is issued, what guarantees and compensations are due in connection with the impact of hazardous production, whether increased wages are established, whether the employee is entitled to a reduced work time and additional leave, whether milk or therapeutic and preventive nutrition is provided.

The employer is obliged to inform employees about the state of working conditions in the workplace and in the organization as a whole. Thus, according to Article 4.15 of the Law on Special Assessment of Working Conditions, the employer is obliged to inform the employee in writing of the results of a special assessment of working conditions at his workplace.

The employer is obliged to provide the federal executive bodies that carry out the functions of developing state policy and legal regulation in the field of labor, the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive authorities exercising state control (supervision) in the established field of activity, executive authorities of the constituent entities of the Russian Federation in the field of labor protection, trade union control bodies over compliance with labor legislation and other acts containing labor law norms, information and documents necessary for implementation them of their powers.

According to this paragraph of Article 212 of the Labor Code of the Russian Federation, the employer's representative is obliged to promptly provide the necessary information on labor protection at the enterprise to the relevant authorized bodies.

The employer is obliged to take measures to prevent emergency situations, preserve the life and health of employees when such situations arise, including providing first aid to victims; investigation and recording, in accordance with the procedure established by this Code, other federal laws and other regulatory legal acts of the Russian Federation, of industrial accidents and occupational diseases.

Article 212 of the Labor Code of the Russian Federation provides for the employer’s obligation in case of an industrial accident and emergency situations.

Accident- this is an event as a result of which an employee received injury or other damage to health while performing duties under an employment contract both on the territory of the organization and outside it, or while going to work or returning from work on the organization’s transport.

Accidents during the performance of their labor duties in accordance with the contract are subject to investigation and recording.

The employer is obliged to timely analyze the results of the investigation and take measures to eliminate the causes and prevent emergency situations. In the event of an accident at work, the employer is obliged to act as follows:

— immediately organize the provision of first aid to the victim;
— prevent the development of an emergency situation;
— maintain the situation until the investigation;
— inform the victim’s relatives and relevant authorities and organizations.

The employer is obliged to provide sanitary services and medical care for workers in accordance with labor protection requirements, as well as transport workers who become ill at the workplace to medical organization in case of need to provide them with emergency medical care.

For these purposes, the employer, in accordance with established standards, equips sanitary premises, premises for eating, premises for providing medical care, rest rooms during working hours, sanitary posts with first aid kits, etc.

The employer is obliged to ensure unimpeded access officials the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, executive authorities of the constituent entities of the Russian Federation in field of labor protection, bodies of the Social Insurance Fund of the Russian Federation, as well as representatives of bodies public control for the purpose of conducting inspections of labor conditions and labor protection and investigating industrial accidents and occupational diseases.

State supervision All organizations are supervised by the Federal Labor Inspectorate. Internal control carried out by federal, executive authorities and local governments.

Public control carried out by trade unions, labor inspectors, labor protection commissioners

The employer is obliged to comply with the instructions of officials of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, and consideration of submissions from public control bodies within the time limits established by this Code and other federal laws.

Failure to fulfill these obligations Art. 212 of the Labor Code of the Russian Federation can serve as a basis for bringing employer representatives to liability measures established by law.

The employer is obliged to provide compulsory social insurance for employees against accidents at work and occupational diseases.

Compulsory insurance workers is integral part state system insurance. All employees of the organization are subject to insurance, regardless of their form of ownership.

The employer's responsibility to ensure safe working conditions includes familiarizing employees with labor protection requirements.

The employment contract must comply with labor protection requirements. Each employee must be familiar with all labor safety requirements.

The employer must develop and approve rules and instructions on labor protection for employees, taking into account the opinion of the elected body of the primary trade union organization or another body authorized by employees in the manner established by Article 372 of this Code for the adoption of local regulations.

Labor protection instructions are one of the main local documents. The presence of well-written instructions ensures a reduction in industrial injuries and occupational diseases. These instructions should not contradict state labor protection standards, including inter-industry instructions.

The employer is obliged to ensure the availability of a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of its activities.

The system of normative acts consists of the following documents:

— ;
— industry rules and standard instructions on labor protection;
- construction and sanitary standards and rules;
— safety rules and instructions;
- device rules and safe operation;
— rules for design and construction;

Labor activity is often associated with the impact of unfavorable factors on the working person’s body. For this reason, every Russian employer, regardless of any circumstances, must create working conditions for its employees that meet safety requirements. The main responsibilities of the employer to ensure safe working conditions are enshrined in the Labor Code of the Russian Federation. A single set of these responsibilities forms a labor protection system in our country, designed to protect workers from negative production factors and minimize the number of industrial diseases, injuries, and accidents at work.

Responsibilities of the employer in the field of labor protection

Preserving the life and health of workers is one of the main tasks when forming a system of labor protection requirements. It contains measures of various nature, including:

  • organizational and technical;
  • sanitary, preventive, therapeutic, rehabilitation and others.

Hazards at work must either be eliminated or comply with the established standards.

The list of main measures aimed at fulfilling the employer’s obligation to ensure safe conditions and labor protection is enshrined in Art. 212 Labor Code of the Russian Federation. Among them are the following:

  • installation and management of production;
  • use of certified means of protecting workers from negative factors at work;
  • ensuring workplace safety;
  • compliance with work and rest schedules in accordance with legal requirements;
  • providing employees with special clothing and other special protective equipment at their own expense;
  • training in industrial safety skills, including, among other things, instruction, internship, monitoring the availability of relevant knowledge on occupational safety;
  • assessment of working conditions based on relevant legislation;
  • ensuring that employees undergo medical examinations;
  • providing employees with all necessary information about working conditions and risks;
  • investigation of cases of injuries and illnesses received at work;
  • ensuring the rights of workers to social insurance, etc.

Employer's liability

Ensuring that employers comply with labor protection measures is one of the main tasks of the state in this area of ​​legal relations. For this purpose, the legislation establishes liability for failure to comply with relevant requirements.

Provides sanctions for:

  • failure to comply with labor protection requirements;
  • violation in the field of assessment of working conditions;
  • admission to work without providing knowledge in the field of labor protection, as well as without medical examinations;
  • failure to provide employees with personal protective equipment.

Provides for criminal liability for violations in this area.

Article 213 of the Labor Code of the Russian Federation, medical examinations sets as necessary conditions for certain categories of employees. What types of medical examinations are there, how they are paid for, what awaits the employee and employer for failing to undergo an examination, read the article.

Categories of employees required to undergo medical examinations in accordance with the Labor Code of the Russian Federation

Some employees, due to the specific nature of their job duties, must undergo medical examinations. These include, first of all, those listed in Art. 213 Labor Code of the Russian Federation workers.

Firstly, these include persons working in harmful and/or dangerous conditions, which means:

  1. At work there are harmful or hazardous factors, included in the special list, which is contained in Appendix No. 1 to the order of the Ministry of Health of the Russian Federation “On approval of lists of harmful and (or) dangerous factors...” dated April 12, 2011 No. 302n (hereinafter referred to as order No. 302n). These can be biological, physical, chemical factors or labor process factors (for example, physical activity).
  2. The work itself is dangerous by its nature and is included in the corresponding list (Appendix No. 2 to Order No. 302n). For example, this includes high-altitude work and work at explosive sites.

Secondly, persons working in the field of transport are subject to mandatory medical examinations. The list of such employees was approved by the Government of the Russian Federation (Resolution No. 16 dated January 19, 2008). This includes both persons directly managing transport and other workers whose work is related to the movement of transport: dispatchers, operators, attendants, etc.

Thirdly, employees are required to undergo medical examinations:

  • enterprises, trade, catering, food industry;
  • children's institutions;
  • medical organizations;
  • waterworks.

Purposes of medical examinations at the enterprise. Types of medical examinations

  1. Preliminary. They are carried out before the conclusion of an employment contract. The main goal of these is to identify whether the employee has diseases that prevent him from performing a particular job, and the secondary goal is the early detection of diseases, as well as their prevention.
  2. Periodic. As their name suggests, they are held once during a certain period of work. Their goals are to monitor the employee’s health status, prevent and timely identify occupational diseases, and prevent accidents. The specific periods for their passage are determined by Appendices No. 1 and 2 of Order No. 302n.

In addition, there are other types of medical examinations:

  1. Extraordinary. Such medical examinations of the Labor Code of the Russian Federation provides in cases where there are appropriate medical recommendations recorded in the medical report (clause 13 of Appendix No. 3 to Order No. 302n).
  2. Pre-trip, pre-shift, post-trip and post-shift. As the name suggests, they are held before or after a flight/shift. The obligation to pass them is fixed in various legislative acts. Thus, drivers are required to undergo pre- and post-trip inspections on the basis of Part 1 of Art. 23 Law “On Security traffic» dated December 10, 1995 No. 196-FZ.

Regular psychiatric examination of some employees

In Part 7 of Art. 213 of the Labor Code of the Russian Federation establishes special requirements for monitoring the health status of workers whose activities are associated with increased danger and/or harmful substances and poor production factors. Such employees must undergo regular examinations by a psychiatrist.

The types of work that require such examinations are determined by the Decree of the Government of the Russian Federation “On the implementation of the law “On Psychiatric Care...”” dated April 28, 1993 No. 377. In particular, these include work involving exposure to harmful chemicals (for example, production and other processes associated with the release of amino acids) and physical factors (for example, working in conditions of constantly increased/lowered air temperature, physical overload).

The purpose of such events is to determine the suitability of employees to perform their duties, which require sobriety of mind, attention and concentration. The examination is carried out before entering work (along with a preliminary medical examination, which, as a rule, is also mandatory for such employees), and then at least once every 5 years.

Procedure for undergoing medical examinations

  • applying for work related to the movement of trains (see “Regulations on the procedure for conducting preliminary medical examinations ...”, approved by order of the Ministry of Railways of the Russian Federation dated March 29, 1999 No. 6C);
  • citizens carrying out work on the destruction of chemical weapons (see “The procedure for conducting preliminary and periodic medical examinations...”, approved by order of the Ministry of Health of the Russian Federation dated March 21, 2000 No. 101).

In relation to other employees who must undergo medical examinations, you should follow the procedure for conducting medical examinations specified in Appendix No. 3 to Order No. 302n (hereinafter referred to as the Procedure for Conducting Medical Examinations).

To conduct a preliminary medical examination, the employer must issue the applicant a referral for a medical examination. The form for this direction has not been approved. The employer can use the form of the medical organization with which the contract for conducting examinations is concluded, or draw up the form independently. It is only important that it contains all the necessary information specified in clause 8 of the Procedure for conducting medical examinations.

Periodic examinations are also carried out on the basis of a referral, however, the employer must draw up in advance lists of employees subject to examinations and coordinate with the medical institution a plan for their implementation.

Based on the results of the examinations, a medical report is drawn up in 2 copies. One copy remains in the medical record, and the other is given to the employee or applicant. Based on this conclusion, the employer is obliged to make a decision on admission or refusal to work.

Important! Refusal to hire on the basis that an employee has medical contraindications for the job is justified. The Plenum of the RF Armed Forces indicated that the state of health relates to business qualities employee (paragraph 5, 6, clause 10 of resolution No. 2 of March 17, 2004).

Medical examinations according to Art. 213 Labor Code of the Russian Federation: who makes the payment

In accordance with Part 8 of Art. 213 Labor Code medical examinations of workers, as well as the examinations provided for in this article, the employer is obliged to pay. Companies often enter into contracts with medical institutions for these purposes. Medical examinations in such cases are paid directly by the employer in accordance with the terms of the contract. If there is no such agreement, then it is unlawful to require employees (applicants) to undergo examinations by doctors at their own expense.

At the same time, in the case of applicants, it is permissible to establish an agreement on their undergoing medical examinations at their own expense with subsequent compensation from the company.

IMPORTANT! The law does not make employer payment for a medical examination dependent on the results of this event. Thus, an examination may reveal the applicant’s unsuitability for work, and employment contract will not be concluded with him. But this does not relieve the employer from the obligation to pay for the inspection.

In order to receive money, an employee needs to write an application addressed to the head of the company in any form. Documents confirming payment for medical services are attached to the application. However, the law does not establish a specific deadline for payment of money towards the cost of a medical examination. As a rule, payments are made on the next day of salary transfer.

IMPORTANT! Employers can reimburse the costs of mandatory medical examinations for employees whose work involves harmful or dangerous factors by reducing insurance contributions to the Social Insurance Fund (see “Financial Security Rules...”, approved by order of the Ministry of Labor of the Russian Federation dated December 10, 2012 No. 580n).

If a company refuses to pay an employee money for a medical examination, he has the right to recover it in court.

What happens if an employee does not pass the medical examination?

If an employee for whom a medical examination or certification is required does not pass it, then the employer does not have the right to allow him to work. Such an employee must be suspended from work (Article 76 of the Labor Code of the Russian Federation). Suspension is carried out until its cause is eliminated, i.e. until the employee undergoes a medical examination/examination.

In this case, the issue of payment for the period of suspension from performance of labor duties is resolved as follows:

  • if the medical examination is not completed through no fault of the employee, then this period must be paid to him as a simple period (Part 3 of Article 76 of the Labor Code of the Russian Federation);
  • if the employee himself is to blame for failing to undergo a medical examination, he is not paid wages during this time.

If an employee refuses or evades a medical examination without good reason, this can be regarded as a disciplinary offense.

Failure by the employer to comply with the requirements of paragraph. 11 hours 2 tbsp. 212 Labor Code of the Russian Federation

The employer must ensure labor protection and safe conditions. This includes, among other things, the obligation to organize and pay for mandatory medical examinations and examinations (paragraph 11, part 2, article 212 of the Labor Code of the Russian Federation).

In case of failure by the employer to fulfill this obligation, which can be expressed either in the admission of a person who has not passed the inspection or examination to work, or in the admission to work of a person who has contraindications, may result in the imposition of a fine under Part 3 of Art. 5.27.1 Code of Administrative Offenses of the Russian Federation. The fine amounts are as follows:

  • for organizations - from 100,000 to 130,000 rubles;
  • for officials and individual entrepreneurs - from 15,000 to 25,000 rubles.

In case of a repeated violation, liability increases - Part 5 of this article of the Code of Administrative Offenses of the Russian Federation contains increased fines, as well as more severe punishments, for example, in the form of administrative suspension of activities.

Criminal liability is also established for violation of labor safety rules. Thus, it is possible to hold a person accountable under Art. 143 of the Criminal Code of the Russian Federation, if he allowed to work a person who did not pass a medical examination or had contraindications to work, as a result of which consequences occurred in the form of serious harm to health or death.

According to Labor Code medical examinations The employer must always organize and pay for it. Legal liability is established for failure to fulfill this obligation. But an employee who did not undergo a medical examination due to his own fault will also feel Negative consequences: he will not be paid for the time he is suspended from work.

Responsibilities for ensuring safe conditions and labor protection rest with the employer. The employer is obliged to ensure: the safety of workers during the operation of buildings, structures, equipment, implementation of technological processes, as well as tools, raw materials and materials used in production; creation and operation of a labor protection management system; the use of individual and collective protective equipment for workers that have passed mandatory certification or declared compliance in accordance with the procedure established by the legislation of the Russian Federation on technical regulation; working conditions at each workplace that meet labor safety requirements; the work and rest regime of employees in accordance with labor legislation and other regulatory legal acts containing labor law norms; acquisition and issuance at our own expense of special clothing, special footwear and other personal protective equipment, flushing and neutralizing agents that have undergone mandatory certification or declaration of conformity in the manner established by the legislation of the Russian Federation on technical regulation, in accordance with established standards for employees engaged in work with harmful and (or) dangerous working conditions, as well as work performed in special temperature conditions or associated with pollution; training in safe methods and techniques for performing work and providing first aid to victims at work, conducting labor safety briefings, on-the-job training and testing knowledge of labor safety requirements; prohibition from work of persons who have not undergone training and instructions on labor protection, internship and testing of knowledge of labor protection requirements in accordance with the established procedure; organizing control over the state of working conditions in the workplace, as well as over the correct use of personal and collective protective equipment by employees; conducting a special assessment of working conditions in accordance with the legislation on special assessment of working conditions; in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, organize, at their own expense, mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations employees, extraordinary medical examinations, mandatory psychiatric examinations of workers at their requests in accordance with medical recommendations, with their place of work (position) and average earnings retained for the duration of these medical examinations, mandatory psychiatric examinations; preventing employees from performing their job duties without undergoing mandatory medical examinations, mandatory psychiatric examinations, as well as in the case of medical contraindications; informing workers about labor conditions and safety in the workplace, about the risk of damage to health, the guarantees provided to them, the compensation they are entitled to and personal protective equipment; provision to the federal executive bodies exercising the functions of developing state policy and legal regulation in the field of labor, the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and other federal bodies executive authorities exercising state control (supervision) in the established field of activity, executive authorities of the constituent entities of the Russian Federation in the field of labor protection, trade union control bodies over compliance with labor legislation and other acts containing labor law norms, information and documents necessary for them to carry out their powers; taking measures to prevent emergency situations, preserve the life and health of workers in the event of such situations, including providing first aid to victims; investigation and recording of industrial accidents and occupational diseases in accordance with the procedure established by this Code, other federal laws and other regulatory legal acts of the Russian Federation; sanitary services and medical care for workers in accordance with labor protection requirements, as well as delivery of workers who fall ill at the workplace to a medical organization in the event of the need to provide them with emergency medical care; unimpeded access to officials of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state

Legal advice under Art. 212 Labor Code of the Russian Federation

Ask a Question:


    Arthur Smolyak

    does the employer have the right to involve an employee in working from home if the office does not comply with temperature regime. room temperature is +32 degrees

    Eduard Fedorakhin

    Hello. My name is.

    • Question answered over the phone

    Margarita Orlova

    how many degrees should the room be in order to shorten the working day?

    • Question answered over the phone

    • Question answered over the phone

    • Andrey Voronyaev

    how can I ruin the life of my boss under Article 212 of the Labor Code of the Russian Federation?

    • Lawyer's answer:

      As much as you can! Since responsibility for safe working conditions lies with the employer, and not with the occupational safety specialist. And the employer can be punished with 60 thousand. Although there is a possibility that the employer will turn the tables on the occupational safety specialist only for the reason that he can be brought to administrative liability as individual(fine up to 5 thousand).

    Karina Andreeva

    question about the labor code

    Natalya Dorofeeva

    Question for lawyers regarding the Labor Code of the Russian Federation. In 212 art. The Labor Code states that the Employer is obliged to provide: a regime of work and rest for employees in accordance with labor legislation and other regulatory legal acts containing labor law standards; Exist " Hygienic requirements to the microclimate production premises"I’ll formulate the question more simply. Is it a violation of Labor Code on the part of the employer if the air temperature EXCEEDS acceptable standards, set out in the "Hygiene Requirements", and the administration does not create normal conditions. It’s elementary - they can’t even buy fans and don’t want to let people go early. What do you recommend doing? there is no trade union organization. Unfortunately. I don’t want to make a big scandal, I just want to point my nose at the fact that they are breaking the law!

    • where I work in workshop 47 but the bosses don’t care and I work as a welder and I really enjoy my work

    Alina Panina

    If a person works in the heat of +42 degrees at a construction site under scorching sun 10 hours... Are there any legal restrictions on work? Otherwise, it’s written everywhere about what’s in the room.

    • Lawyer's answer:

      Article 379 of the Labor Code: in self-defense labor rights refuse to perform work in conditions that threaten his health. The employee must write to the employer or his to the immediate supervisor a written statement that he refuses to perform work in self-defense of labor rights. The employer's obligation to ensure the creation of healthy and safe working conditions is prescribed in Article 212 of the Labor Code. If the air temperature in the workplace is 30° C, then the duration of the working day cannot exceed 5 hours, 31° C – 3 hours, 32° C – 2 hours, and 32.5° C – 1 hour. Source: SanPiN 2.2. 4.54896

    • Lawyer's answer:

    • Marina Konovalova

    work outdoors. temperature +35C - is there a reduction in working time?

    • Lawyer's answer:

      This also applies to outdoor work. The Labor Code was not ready for the heat Labor Code Labor Code Labor Inspectorate, in the Eastern Administrative District Labor Inspectorate in the Eastern Administrative District

    Fedor Kirillov

    A friend at work wants to introduce a form (corporate style of the company. A friend at work wants to introduce a form (corporate style of the company) and asked to pay 900 rubles for it... what article of the law can they be shown to explain that they are idiots

    • Lawyer's answer:

      Article 212. [Labor Code of the Russian Federation] [Chapter 34] [Article 212] Responsibilities for ensuring safe conditions and labor protection rest with the employer. The employer is obliged to ensure: the acquisition and issuance at his own expense of special clothing, special shoes and other personal protective equipment, flushing and neutralizing agents that have undergone mandatory certification or declaration of conformity in the manner established by the legislation of the Russian Federation on technical regulation, in accordance with established standards to employees, employed in work with harmful and (or) dangerous working conditions, as well as in work performed in special temperature conditions or associated with pollution; Feel free to tell them they are idiots

    Oksana Dorofeeva

    Periodic medical examinations. Do they have to do it at the expense of the company? Based on what law? Can't an employee just come to the clinic and go through it themselves?

    • It is the employer's responsibility to conduct medical examinations of employees. Article 212 of the Labor Code of the Russian Federation

    Olga Kudryavtseva

    Occupational Safety and Health. Please tell me the answer to the following question. It’s very hot in our office at work; air conditioning doesn’t help. I heard that there is a decree that obliges us to either shorten the working day or something else. Please tell me, is this really true? We need a detailed answer with links and articles. Thank you in advance.

    • Lawyer's answer:

      The Labor Code was not ready for the heat The Labor Code was not ready for the heat. This document does not say anything about the employer's actions in the event of abnormal weather. But there is an article that refers to special rules. They must be fulfilled. The head of the Department of Supervision and Control over Compliance with Legislation of Rostrud, Igor Vorobyov, speaks: Vorobyov: The employer’s obligation to ensure the creation of healthy and safe working conditions is spelled out in Article 212 of the Labor Code. Krikheli: Director of the Center for Social and Labor Rights, lawyer Elena Gerasimova clarifies that for office employees or people performing not very heavy work physical work , the permissible limit indoors is 28 degrees Celsius. If the temperature is higher, a special scale of reducing the working day depending on the degrees comes into force. Gerasimova: Further, with every half degree increase in temperature, the duration of stay at the workplace actually decreases by one hour. At 32.5 degrees, staying in the room is one hour; at a temperature above 32.5 degrees, this is no longer considered as a temperature at which it is generally possible to stay in the workplace. Krikheli: However, Igor Vorobyov clarifies that, according to the prescribed standards, the employer has the right to independently decide what concessions to employees to make on these hot days. Vorobyov: Here, the temperature is 28 degrees, and that’s it, go home - there’s no such thing there, since these rules require multiple options for the employer’s actions. For example, he takes frequent breaks. We work for an hour, cool down for 15 minutes. Or the employer, so to speak, can introduce a different regime: without any rest, reduce work during this period of time by an hour and a half and two, and so on. If the employer does neither one nor the other, nor the third, he is breaking the law. For this he may be punished. Krikheli: Elena Gerasimova says that most often people do not worry about working conditions in offices. Gerasimova: As a rule, people who organize workplaces in quite hazardous industries, where labor protection is a very important component of the process, pay great attention to various issues related to labor protection. We simply believe that a person who works in an office cannot have any questions related to harmful working conditions. And it’s just that traditionally no one pays much attention to this or tries to figure it out. Until it turns out that the temperature is such that people simply physically understand that, apparently, something is wrong, and most likely there should be some restrictions. Krikheli: However, if employees are convinced that they are performing their duties in unbearable conditions, the Labor Code regulates this issue. Elena Gerasimova explains: Gerasimova: Article 379 of the Labor Code: in order to self-defense labor rights, refuse to perform work in conditions that threaten his health. The employee is obliged to write to the employer or his immediate supervisor a written statement that he refuses to perform work in order to defend his labor rights. Krikheli: You can also complain to the labor inspectorate, the lawyer continues to work at the VAO, however, this department does not have enough hands for everyone. Krikheli: However, so far there are practically no complaints about unbearable working conditions in the heat at the Labor Inspectorate in the Eastern Administrative District. Everyone values ​​their jobs and salaries. More details:

    Diana Petukhova

    At what temperature environment working hours are shortened or work week according to the Labor Code?

    • Lawyer's answer:

      Article 212 of the Labor Code (no longer Labor Code) says the following: Article 212. Responsibilities of the employer to ensure safe conditions and labor protection Responsibilities to ensure safe conditions and labor protection are assigned to the employer. The employer is obliged to provide: ... working conditions at each workplace that comply with labor protection requirements; ... The working conditions themselves, in particular, which you are asking about, can be found out from the Sanitary Rules and Norms (SanPiN 2.2.4.548-96) “Hygienic requirements for the microclimate of industrial premises.” According to these rules, workers are divided into categories. Office workers belong to category 1-a. Having familiarized ourselves with table 1 of the rules, we see that in the warm season at temp. 28 °C - working. day 8 hours, 28.5 °C - 7 hours, 29 °C - 6 hours, 29.5 °C - 5.5 hours, 30 °C - 5 hours, 30.5 °C - 4 hours. , 31 °C - 3 hours, 31.5 °C - 2.5 hours, 32 °C - 2 hours, 32.5 - 1 hour. You need to measure the temperature at a height of up to 1 meter from the floor. If you need temperature indicators for the cold season, see Table 2.

    Olga Semenova

    Whether there is a temperature standards for work?

    • depending on what

    Yaroslav Manilov

    Upon employment based on a referral from the employer, she underwent a medical examination at her own expense. I was refused a job. What should I do?

    • No. look for new job, now almost everywhere there is a medical examination, and yours will already have it ready) and it will be very, very difficult to prove that those people are guilty. A really good and worthwhile organization does not take money from people, but sends it to...

    Lyudmila Fedorova

    The employee did not pass the next medical examination. inspection.

    • Please. If the employer agrees. The only thing missing is the health care facility with which the agreement was concluded. And how can an employee protest a medical examination conducted by the commission? The most important thing in a professional examination is to confirm (or deny) that the employee does not have...

    Inna Fedotova

    Medical examinations of employees of a clinical diagnostic laboratory, which order is regulated

    • Once a year? In accordance with Art. 213 of the Labor Code of the Russian Federation, workers engaged in work with hazardous working conditions must undergo mandatory preliminary (upon entry to work) and periodic medical examinations...

    Margarita Kiseleva

    How often is an ordinary employee (for example, an accountant, without “hazardous occupational hazards”) required to undergo a medical examination?

    • What field are you in as an accountant? Once a year at least! In some activities every six months. Article 212 of the Labor Code of the Russian Federation: in cases provided for by labor legislation and other regulatory legal acts containing norms...

    Alena Pavlova

    My employer won’t give me a referral for a medical examination. she's making a fool of herself, why do you need it, etc. I've already come up 4 times, she won't let me, and for the entire hour I went on sick leave, she started poking around for some reason and trying to figure out what they prescribed for me, who the doctor took the sick leave, wrote off all the data, probably call to find out suddenly I’m on sick leave, tell me what should I do next with her, I’m just tired of this kind of attitude towards me, hey you, etc...

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