“Thus, if there is such a harmful production factor as toluene in the workplace, it is necessary to conduct mandatory medical examinations, regardless of the class of working conditions, once every 2 years.”

This is where I disagree. There have already been a number of precedents in court that workers were reinstated when they were fired based on the results of a medical examination if they had a work class of 2, but in fact they worked with hazardous substances. Although a medical examination can be carried out for your own peace of mind.

Each such case needs to be broken down specifically. If you indicate the circumstances of the case, I will be happy to look into it. Most often, in such cases, the SOT makes a mistake by adding factors to the directions and list of contingents that should not have been indicated there due to its own carelessness.

• Do I understand correctly that if for a PC user who works with it more than 50% of the working time or an engineer in contact with an ionizing source -II (generated), but the class of working conditions for them is 2.0, then preliminary/periodic medical examinations are required, and for an engineer with AI also undergoes a psychiatric examination upon admission and once five years?

  Yes. That's right.

Anatoly Vladimirovich

Good afternoon

I would like to clarify the basis: “Non-state medical centers have the right to conduct psychiatric examinations of workers if they have a license to carry out medical activities.”

And the second question:

What should be written in the license of a non-state medical center?

The procedure for licensing medical activities and the types of medical services of its components can be found in Decree of the Government of the Russian Federation of April 16, 2012 N 291.

Very confusing explanation. They mixed together a preliminary/periodic m/examination, during which the commission must include a psychiatrist and a psychiatrist-narcologist, and a psychiatric examination of workers working in harmful/dangerous working conditions. Psychiatric examination of workers (not less than once every 5 years) on a separate direction from the employer, is carried out in the institution whose chief physician is approved by the chairman of the relevant commission by order of the Ministry of Health of the subject (for example). And it is unlikely that this will be a non-state medical institution. But an electroencephalogram to obtain this conclusion can be done at any medical institution, regardless of the type of property.

The types of activities and work during which the employee undergoes the specified examination are defined in the List of medical psychiatric contraindications for the implementation of certain types of professional activities and activities associated with a source of increased danger (approved by Decree of the Government of the Russian Federation of April 28, 1993 N 377).

Mandatory psychiatric examination of workers carrying out such types of activities (performing relevant work) is carried out, in particular:

Upon entry to work, before a mandatory preliminary medical examination, which, as a rule, is also mandatory for these workers in accordance with labor legislation. This conclusion follows from the cumulative analysis of part 1, 7 of article 213 of the Labor Code of the Russian Federation and paragraph 5 of clause 9 of the Procedure for conducting medical examinations (order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n “On approval of lists of harmful and (or) hazardous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the Procedure for conducting mandatory preliminary and periodic medical examinations (examinations) of workers engaged in heavy work and in work with harmful and (or) dangerous working conditions”).

According to paragraph 5 of clause 9 of the Procedure for undergoing a preliminary examination, a person applying for work submits to the medical organization, among other documents, the decision of the medical commission, which conducted a mandatory psychiatric examination in cases provided for by the legislation of the Russian Federation;

In the future, at least once every five years. This follows from Part 7 of Article 213 of the Labor Code of the Russian Federation, Clause 5 of the Rules.

read it again - everything is in order...

“Work at height” in the list for psycho-evaluations is deciphered differently than in the PT for work at height. It took him half an hour to convince the inspector that the ladder (stepladder) is not an “installation device,” as the inspector believes, trying to fit the work on stairs to the list for psycho-evaluations, but just a means of scaffolding. Finally, the inspector seemed to agree, but immediately found a workaround: “Well, your workers climb these stairs, so they need to pass the software.” As a result, a fine for the legal entity. face.

The Decree of the Government of the Russian Federation dated April 28, 1993 N 377 specifies “work at height, steeplejack work and work associated with climbing to heights, as well as work on servicing lifting structures.”

In paragraph 1 (1.1. -1.2) of Appendix 2 of Order 302n - “Work at height, steeplejack work * (5), as well as work on servicing lifting structures, including: 1.1. Work as a crane operator (crane operator) and 1.2. The work of an elevator operator (there are no contraindications for hiring ordinary elevator operators).”

We follow the footnote *(5) All work is considered steeplejack when the main means of protecting workers from falling from a height at all moments of work and movement is a safety harness.

And now order 155n:

3. Work at height includes work in which:

a) there are risks associated with a possible fall of an employee from a height of 1.8 m or more, including:

when an employee climbs to a height of more than 5 m, or descends from a height of more than 5 m along a ladder, the angle of inclination of which to a horizontal surface is more than 75°;

when carrying out work on sites at a distance closer than 2 m from unfenced differences in height of more than 1.8 m, and also if the height of the protective fence of these sites is less than 1.1 m;

b) there are risks associated with a possible fall of a worker from a height of less than 1.8 m if work is carried out on machines or mechanisms, the surface of a liquid or bulk fine materials, or protruding objects.

Thus: everyone who performs the work described in paragraph 3 of Order 155n must be sent for psycho-certification (before the preliminary medical examination and then every 5 years) and a medical examination (preliminary and periodic annually).

What are the contradictions?

• The Decree of the Government of the Russian Federation dated April 28, 1993 N 377 has its own decoding, which relates to work at height (during which psycho-evaluations are carried out, this list is narrower than Order 155n, on this the inspector agreed with me): “3. Work at height is considered to be work performed at a height of 1.5 m or more from the surface of the ground covering or working flooring and carried out from installation devices or directly from structural elements, equipment, machines and mechanisms during their installation, operation, installation and repair." T. e. even if the employee rises from 1.5 m, but not higher than 1.8 m, in the opinion of the inspectorate, the employee undergoes a psychological commission.

  Send him (the forest inspector) - this Resolution is not registered with the Ministry of Justice!

  But the inspector in the order refers not to the Resolution, but to Art. 212, 213 Labor Code of the Russian Federation.

  Government resolutions are not registered with the Ministry of Justice

  Oleg Gushchin

  What are the contradictions? The contradictions are that, according to paragraph 3a) of Order 155n, “risks associated with a possible fall of an employee from a height of 1.8 m or more” exist for those workers who climb stairs, including flight stairs in the interfloor spans of buildings. And this condition applies to all people.

You can clarify once again: it turns out that a preliminary examination is carried out there, just as during periodic examinations, they are stamped by a narcologist and a psychologist. And then once every 5 years we send you specifically for a psycho-examination and an encephalogram? Will this be under a separate contract, not related to periodic medical examinations? Did I understand correctly?

Thu)) Once again! There are 2 ways to get to psychotesting.

The first is if the employee is exposed to factors or performs types of work specified in the List of Resolution 377. In this case, you come for a preliminary medical examination with a ready-made conclusion based on the results of a psychocertification (the agreement is concluded separately from the contract for a medical examination) and then go for an examination every 5 years at the direction of the employer.

Second way. An employee is not subject to psycho-evaluation under Resolution 377, but...a psychiatrist or narcologist has suspicions or has identified clear signs of psychoactive substance use or inappropriate behavior (for example, traces of drugs were found in the urine or signs of alcoholism are evident). Then the “passenger” receives a referral to a hospital (durka) and there he is covered for 2-3 weeks for observation and the establishment/exclusion of a preliminary diagnosis by a psychiatrist/narcologist.

If the fact of the presence of addiction or mental disorder has not been established (he drank before the medical examination and caused a scandal to the psychiatrist))), then in the future such an employee undergoes a medical examination as usual without psycho-certification (an examination by a narcologist and a psychiatrist is sufficient).

Yes, these are different agreements; during an inspection, the inspection requires just a contract for psycho-evaluation, decisions of the commission, an order to create a commission of a medical organization and a log of the issuance of referrals

The only thing that is clear is that 302n has become outdated as part of changes in legislation. Something new is needed.

I would also like to add that last year the State Inspectorate was driving people around Moscow for these psychiatric examinations. This year I don’t think anything will change. 110 thousand minimum for one person (((

I will make you happy)) Soon they will not only cancel appendices 1 and 2 of order 302n and instead introduce a single list of factors and types of work, but also make changes to the MO order itself (appendix 3). In particular, we will again have to agree on the Lists of persons subject to preliminary and periodic medical examinations. You should also wash the floor in the foyer with them)))

A lot of questions arise regarding mandatory psychiatric examination:

1. Nowhere is there a direct obligation for an employer to provide software when applying for a job. In order 302, the employee must provide software results in cases provided for by law. Do not allow an employee to perform work without a safety certificate also in cases provided for by law. And the law says at least once every 5 years. It is not written that upon hiring and every 5 years thereafter.

2. The decision of the commission is handed over to the employee. According to the regulatory legal acts, the employer is not obliged to provide this decision. Obliged to provide only when undergoing a medical examination by the commission. that is, the employer only has a record of issuing the referral and the date the decision was made... And as I understand, when conducting a medical examination, the commission does not particularly ask for this decision. They need to be given responsibility...

3. The list, in accordance with Article 6 of the law on psychiatric care, must be revised every 5 years, and since 1993. no one reviewed it

4. In practice, I was faced with the fact that the PND requires the employee to come for examination with the results of an encephalogram and ECG; they say they do not have an encephalograph. The question is, why on earth? It has been established that a person comes for an examination with a passport and a referral... Why do we have to undergo some other tests separately? How do they get a license if they don’t have the necessary equipment to operate?

• 1. The employer’s responsibilities in terms of organizing medical examinations, including psycho-certification, are established by Articles 69 and 213 of the Labor Code, as well as legal regulations, which are logically and fully indicated in the note.

  2. I quote from the text of the note “Thus, the employer and his representatives do not have the authority to check the availability of a mandatory psychiatric examination!

  However, in accordance with clause 11 of Order No. 302n, a medical institution cannot issue a conclusion if an examination by a psychiatrist is not carried out due to the fact that the employee has not provided the decision of the medical commission that conducted the mandatory psychiatric examination.”

  3. Decree of the Government of the Russian Federation dated April 28, 1993 N 377 was last revised on September 23, 2002. You can complain about the slowness of the Ministry of Health through the website of the President of the Russian Federation). The status of the Resolution is VALID.

  4. Claims regarding the quality and volume of medical services must be made to the party with whom you entered into an agreement for their provision.

Good afternoon, colleagues. And again about the same thing.

Last year, our organization was fined by the State Inspectorate for not conducting a mental examination. In a hurry, we “drove” 50% of the employees through the IPA, received certificates for 750 rubles. Everything seems to be fine. This year we are sending the second half, we have already concluded an agreement, but... now the PND offers services in addition to the certificate to also undergo electroencephalography (well, as it offers... hints that without it a conclusion is not given) costing 900 rubles, and according to the results, but only conclusion for drivers, this is another plus of 1,000 rubles.

I'm confused... Who is doing what?

Colleagues, hello! I developed a procedure for passing software for our enterprise (well, that’s how I developed it: I took a ready-made one and adjusted it to our reality). So, one question remains in limbo - the issue of storing software results (decision of the medical commission). Since the software is carried out once every 5 years, it would be logical to leave the original to the employee and take a copy for personnel. For example, a driver passed a training program for the type of work - work directly related to traffic. I worked for a year, quit, and got a job as a driver in another office. When passing the preliminary MO, can he provide the results of the PO that he took a year ago? Or he is obliged to go through the program again at the expense of the new employer (but it’s not clear why, since the program is done once every 5 years). Or is it better to keep the original report, and upon dismissal, take a copy and return the original to the employee? How have you resolved this issue?

I was the only one confused by clause 2 of Rule 695

2. Is the employee’s examination carried out on a voluntary basis, taking into account the standards established by the Law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens during its provision”?

On a VOLUNTARY basis??? That is, the employee has the right to refuse, and it turns out he can refer to this point? It’s strange that neither the Ministry of Labor nor Rostrud mention anything about this...

The employee may well exercise his right to refuse examination, but in this case the employer will be obliged to remove the employee from work under Art. 76 of the Labor Code, which may subsequently serve as grounds for dismissal.

Decree of the Government of the Russian Federation of September 23, 2002 N 695 (as amended on March 25, 2013) On undergoing 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 those working in high-risk conditions

COMPLETION OF COMPULSORY PSYCHIATRIC

INSPECTION BY WORKERS CARRYING OUT

SEPARATE TYPES OF ACTIVITY, INCLUDING ACTIVITIES,

ASSOCIATED WITH SOURCES OF HIGH HAZARD (INFLUENCE

HARMFUL SUBSTANCES AND UNFAVORABLE OPERATIONS

FACTORS), AND ALSO WORKING IN CONDITIONS

7. The employee’s examination is carried out within no more than 20 days from the date of his application to the commission.

9. The commission makes a decision by a simple majority of votes on the suitability (unsuitability) of the employee to perform the type of activity (work in conditions of increased danger) specified in the referral for examination.

Decree of the Government of the Russian Federation of September 23, 2002 N 695 (as amended on February 1, 2005) “ON COMPULSORY PSYCHIATRIC EXAMINATION FOR EMPLOYEES CARRYING OUT SPECIFIC TYPES OF ACTIVITIES, INCLUDING
ACTIVITIES RELATING TO SOURCES OF HIGH HAZARD (THE INFLUENCE OF HARMFUL SUBSTANCES AND ADVERSE PRODUCTION FACTORS), AS WELL AS WORKING IN CONDITIONS OF HIGH HAZARD"

Decree (as amended by Decree of the Government of the Russian Federation dated 01.02.2005 N 49)

1. The Ministry of Health and Social Development of the Russian Federation shall carry out organizational and methodological work on issues related to the passage of mandatory psychiatric examination by 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), and also working in high-risk environments.
   (as amended by Decree of the Government of the Russian Federation dated 01.02.2005 N 49)
2. Recognize paragraph 5 of the notes to the List of medical psychiatric contraindications for carrying out certain types of professional activities and activities associated with a source of increased danger, approved by a resolution of the Council of Ministers, as no longer in force
   - Government of the Russian Federation dated April 28, 1993 N 377 “On the implementation of the Law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens in its provision” (Collection of Acts of the President and Government of the Russian Federation, 1993, N 18, Art. 1602).

Chairman of the Government
Russian Federation
M. KASYANOV
APPROVED
by Decree of the Government of the Russian Federation of September 23, 2002

RULES FOR COMPULSORY PSYCHIATRIC EXAMINATION FOR EMPLOYEES CARRYING OUT SPECIFIC TYPES OF ACTIVITIES, INCLUDING ACTIVITIES ASSOCIATED WITH SOURCES OF INCREASED HAZARD (INVOLVING HARMFUL SUBSTANCES AND ADVERSE PRODUCTS) WATER FACTORS), AS WELL AS WORKING IN HIGH HAZARD CONDITIONS

1. 1. These Rules determine the procedure for undergoing mandatory psychiatric examination (hereinafter referred to as examination) by employees engaged in certain types of activities, including activities related to sources
   increased danger (with the influence of harmful substances and unfavorable production factors), as well as working in conditions
   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, approved by a resolution of the Council
   Ministers - Government of the Russian Federation dated April 28, 1993 N 377 “On the implementation of the Law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens in its provision” (hereinafter referred to as the List).
2. The employee’s examination is carried out on a voluntary basis, taking into account the standards established by the Law of the Russian Federation “On Psychiatric
   assistance and guarantees of the rights of citizens in its provision.”
3. An examination of an employee is carried out in order to determine his suitability for mental health to carry out work.
   certain types of activities, as well as work in conditions of increased danger provided for in the List.
4. To undergo the examination, the employee submits a referral issued by the employer, which indicates the type of activity and working conditions of the employee provided for in the List. At the same time, the employee presents a passport or other identity document replacing it.
5. The employee’s examination is carried out within no more than 20 days from the date of his application to the commission. For the purpose of examination, the commission has the right to request additional information from medical institutions, of which the employee is informed. The commission makes an appropriate decision within 10 days after receiving additional information.
6. When undergoing an examination, an employee can receive clarification on issues related to his examination.
7. The commission makes a decision by a simple majority of votes on the suitability (unsuitability) of the employee to perform the type of activity (work in conditions of increased danger) specified in the referral for examination. The commission's decision (in writing) is issued to the employee against signature within 3 days after its adoption. Within the same period, the employer is sent a message about the date the decision was made by the commission and the date it was issued to the employee.
8. If the employee disagrees with the commission’s decision, it can be appealed in court.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ON COMPLETING MANDATORY PSYCHIATRIC EXAMINATION FOR EMPLOYEES CARRYING OUT SPECIFIC TYPES OF ACTIVITIES, INCLUDING ACTIVITIES ASSOCIATED WITH SOURCES OF INCREASED HAZARD (THE INFLUENCE OF HARMFUL SUBSTANCES AND ADVERSE PRODUCTS NATIVE FACTORS), AS WELL AS WORKING IN HIGH HAZARD CONDITIONS

In accordance with Article 213 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides:

1. Approve the attached Rules for undergoing 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 those working in conditions of increased danger.
2. The Ministry of Health and Social Development of the Russian Federation shall carry out organizational and methodological work on issues related to the passage of mandatory psychiatric examination by 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), and also working in high-risk environments.

(as amended by Decree of the Government of the Russian Federation dated 01.02.2005 N 49)

1. Recognize as invalid paragraph 5 of the notes to the List of medical psychiatric contraindications for the implementation of certain types of professional activities and activities associated with a source of increased danger, approved by Resolution of the Council of Ministers - Government of the Russian Federation of April 28, 1993 N 377 “On the implementation of the Law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens during its provision" (Collection of Acts of the President and Government of the Russian Federation, 1993, No. 18, Art. 1602).

Chairman of the Government

Russian Federation

M. KASYANOV

APPROVED

Government resolution

Russian Federation

RULES

PASSING A MANDATORY PSYCHIATRIC EXAMINATION FOR EMPLOYEES CARRYING OUT SPECIFIC TYPES OF ACTIVITIES, INCLUDING ACTIVITIES ASSOCIATED WITH SOURCES OF HIGH HAZARD (INFLUENCE OF HARMFUL SUBSTANCES AND HARMFUL INDUSTRIES FACTORS), AS WELL AS WORKING IN HIGH HAZARD CONDITIONS

1. These Rules determine the procedure for undergoing mandatory psychiatric examination (hereinafter referred to as 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 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, approved by Resolution of the Council of Ministers - Government of the Russian Federation of April 28, 1993 N 377 “On the implementation of the Law of the Russian Federation “On Psychiatric Care and Guarantees of the Rights of Citizens” when it is provided” (hereinafter referred to as the List).
2. The employee’s examination is carried out on a voluntary basis, taking into account the standards established by the Law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens during its provision.”
3. An examination of an employee is carried out in order to determine his suitability for mental health reasons to carry out certain types of activities, as well as to work in conditions of increased danger provided for in the List.
4. The employee's examination is carried out by a medical commission created by the healthcare management body (hereinafter referred to as the commission).
5. An employee’s examination is carried out at least once every 5 years.
6. To undergo the examination, the employee submits a referral issued by the employer, which indicates the type of activity and working conditions of the employee provided for in the List.

At the same time, the employee presents a passport or other identity document replacing it.

1. The employee’s examination is carried out within no more than 20 days from the date of his application to the commission.

For the purpose of examination, the commission has the right to request additional information from medical institutions, of which the employee is informed.

The commission makes an appropriate decision within 10 days after receiving additional information.

1. When undergoing an examination, an employee can receive clarification on issues related to his examination.
2. The commission makes a decision by a simple majority of votes on the suitability (unsuitability) of the employee to perform the type of activity (work in conditions of increased danger) specified in the referral for examination.

The commission's decision (in writing) is issued to the employee against signature within 3 days after its adoption. Within the same period, the employer is sent a message about the date the decision was made by the commission and the date it was issued to the employee.

1. If the employee disagrees with the commission’s decision, it can be appealed in court.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

Decree of the Government of the Russian Federation No. 695 of September 23, 2002, compiled on its basis Order of the Moscow Department of Health No. 705 of September 18, 2008 and Order No. 302n of the Ministry of Health and Social Development define the essence and procedure for conducting a psychiatric examination and offer a set of standard forms and samples for implementation such an examination.

These are the main documents that help implement a psychiatric examination of employees of an enterprise or organization. They should guide officials (labor safety engineers) and heads of enterprises for the proper organization of work activity if it is associated with increased physical or emotional stress, harmful working conditions, negative or dangerous production factors.

Resolution No. 695 has its latest edition dated March 25, 2013 (Resolution No. 257). The new version of the document came into force on April 6, 2013.

Basic provisions for conducting a psychiatric examination

Resolution No. 695 on voluntary psychiatric examination puts into effect the Rules for compulsory psychiatric examination (hereinafter referred to as the Rules). The document consists of 10 articles and refers to other regulations in force in the Russian Federation. Let's look at the current Rules article by article and provide practical comments to each point.

1. According to the Rules, the list of professions for which a psychiatric examination is mandatory is determined by Resolution No. 377 of April 28, 1993 (hereinafter referred to as the List). This document explains the rights of citizens when it is necessary to provide mental health care, and also asserts guarantees for the observance of such rights. The list must be used to determine positions that are subject to certification requirements. On its basis, an enterprise or organization draws up an order to conduct a psychiatric examination of employees and sends them to undergo an examination.

2. The rules establish that undergoing a psychiatric examination under Order No. 695 must be carried out by the employee voluntarily, in accordance with the requirements of the Law “On Psychiatric Care and Guarantees of Rights in Its Provision.” In practice, this standard is the biggest pitfall for officials of enterprises and organizations responsible for labor safety. If an employee refuses to undergo a voluntary examination, the management of the enterprise (or organization) is obliged to remove him from his duties. The employee cannot be at his workplace and may be transferred to work that does not require a psychiatric examination.

3. The main purpose of a psychiatric examination is to establish the suitability of a particular employee to perform the work specified by the employer. The area of ​​responsibility of the medical commission is not limited to identifying a mental disorder. The main task is to establish whether a person with an identified diagnosis can perform his job duties without threatening the safety of himself and others. It is important to correctly describe the working conditions in the direction issued to the employee. It must be complete and detailed, allowing psychiatrists to give the most objective assessment possible.

4. As Order No. 695 on psychiatric examination indicates, the medical commission is organized by the health authority. This is necessary to conduct an independent expert assessment, without the participation of representatives of the employer. A medical institution can have any form of ownership, but must have a license to conduct psychiatric examinations.

5. Examination of an employee, according to the Rules (Order No. 695), must be carried out at least once every 5 years. This is where the second pitfall in the legislation arises. After the expiration of the five-year period, the employer is obliged to send the employee for a re-examination, but at the same time he cannot be allowed to perform his work, since the validity of the previous examination conclusion has already expired.

By law, an employer may not pay an employee wages, which puts him in a difficult financial situation. From a legal point of view, the most correct and effective way to circumvent these norms is to write an application on behalf of the employee to undergo a voluntary extraordinary examination, which will allow him to maintain his average earnings during the examination period.

6. Clause of the Rules (Order No. 695) determines the list of documents required for an employee to undergo examination by a medical commission. This includes a referral from the employer with a mandatory indication of the type of activity, a list of working conditions that may increase the risks of safe performance of work. In addition to the referral, the employee must provide a passport (or a document replacing it).

In practice, when undergoing an examination by a medical commission, you may need an employee’s medical card, a certificate from a psychoneurological dispensary, a military ID and other documents. By law, a medical institution has the authority to independently request the required documents from territorial medical institutions, but this can take quite a lot of time. To speed up the receipt of the conclusion, the employee is recommended to take all the necessary papers with him.

7. The period for conducting the examination is 20 days from the date of the employee’s application. If it is necessary to request additional documents, the commission may accept an expert opinion within 10 days from the date of their receipt.

8. The rules for conducting a psychiatric examination establish the employee’s right to receive any explanations about the work of the commission of a medical institution that are related to the examination.

9. A medical commission consisting of at least 3 people must make a decision by a majority vote. The examination conclusion must indicate the compliance/non-compliance of a particular employee with the position held, taking into account the characteristics of the working conditions specified in the direction. The medical institution must issue completed conclusions to the employee against signature within 3 days after their approval. For the purpose of control, the employer is simultaneously informed about the dates of the conclusion and the issuance of the decision to the employee.

10. An employee may disagree with the conclusion obtained as a result of a psychiatric examination. To do this, you must file a claim in court. In practice, the procedure for conducting an examination presupposes the possibility of re-examining an employee if he disagrees with the conclusion.

Forms approved by Order No. 705

To organize and monitor the passage of a psychiatric examination, occupational safety engineers or other officials can use standard forms provided by Order No. 705 of the Moscow Department of Health dated September 18, 2008. This document approves the referral form that is issued to personnel to undergo a psychiatric examination. The document determines the form of the decision of the medical commission, the form of the report of the examination commission.

Another document that a labor protection engineer must maintain is a log of directions. With its help, compliance with the deadlines for completing the psychiatric examination is monitored, as required by Order No. 695. In addition, the enterprise issues an order to conduct a psychiatric examination of employees.

List of professions for which the Procedure applies

The procedure for undergoing a psychiatric examination is applied to professions, the list of which is specified by Resolution No. 377 of April 28, 1993. It includes all blue-collar and highly qualified professions and types of work associated with harmful substances and adverse production factors, increased attention span, and high emotional stress.

The list of the most common harmful or dangerous factors (order for mandatory psychiatric examination) includes:

• working with biological material or chemically active substances;
• use of welding aerosols in work;
• work involving direct contact with food;
• work in noisy conditions, with a high degree of visual or physical stress;
• underground works;
• work in areas of high temperature or pressure;
• high-altitude work;
• work, including on a rotational basis, in remote areas of the North.

In addition to professions that have contact with harmful factors (medicines, radiation, chemicals, etc.), the list of activities that require additional psychiatric examination includes medical workers, teachers, drivers and office employees. In the latter case, the work performed must be associated with a constant strain of attention due to the need to monitor information on displays or other means of displaying data.

All of the listed types of work cannot be performed by people who have been diagnosed with a mental disorder, alcoholism, drug addiction, or diagnosed with epilepsy. They cannot work in high-risk conditions. When undergoing a psychiatric examination, the medical commission is obliged to consider whether an employee with an established diagnosis is able to work safely under the conditions prescribed in the direction, as required by the order for undergoing a psychiatric examination of employees.

The process of undergoing a psychiatric examination

When forming a commission, as required by Order No. 695 on psychiatric examination, at least 3 specialists (psychiatrists) must be involved to conduct the examination. The examination procedure itself involves familiarization with the employee’s medical record, his working conditions, a medical examination and an experimental study. If the need arises, the commission has the right to order an electroencephalogram for the employee.

All procedures, as stated in the order on compulsory psychiatric examination, must be completed voluntarily by the employee. At the same time, he has the right to ask questions of interest, for example, about the purpose of a specific survey.

What happens if the Order is violated?

Violation of the Procedure, which is stipulated by Order No. 695 of the Ministry of Health, legally threatens only the employer and officials responsible for organizing the examination. If violations are detected, legal entities, entrepreneurs and officials are subject to a fine, the amount of which is established by decree:

• the maximum amount of penalties for legal entities is 130,000 rubles;
• the maximum amount of penalties for individual entrepreneurs is 25,000 rubles;
• the maximum amount of penalties for responsible officials is 25,000 rubles.

For an employee, failure to undergo a psychiatric examination, which is required by Order No. 695 of the Ministry of Health, threatens with suspension from work, including dismissal. The employer does not have the right to allow such an employee to perform job duties. Therefore, both parties are interested in undergoing the examination within the time limits established by the Procedure. If necessary, the employer or employee has the right to initiate an extraordinary examination, for which it is necessary to issue a referral to the employee.

To conduct examinations of employees of an enterprise or organization, as prescribed by Order No. 695 of the Ministry of Health, the employer may enter into an agreement with any medical institution that has the appropriate license. This can be either a state psychoneurological clinic of the Ministry of Health or a commercial medical center. The cost of the examination is estimated by the number of employees subject to examination.

Subscribe to news

"On the creation, on the basis of medical organizations subordinate to the Federal Medical-Biological Agency, of medical psychiatric commissions to conduct mandatory psychiatric examinations 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 those working in high-risk conditions"

Revision dated 09/07/2015 - The document is not valid

FEDERAL MEDICAL-BIOLOGICAL AGENCY

ORDER
dated September 7, 2015 N 170

ON THE CREATION OF MEDICAL PSYCHIATRIC COMMISSIONS ON THE BASIS OF MEDICAL ORGANIZATIONS SUBLISHED BY THE FEDERAL MEDICAL-BIOLOGICAL AGENCY TO CONDUCT MANDATORY PSYCHIATRIC EXAMINATION OF WORKERS CARRYING OUT SPECIAL TYPES OF ACTIVITIES, INCLUDING ACTIVITIES ASSOCIATED WITH SOURCES OF HIGH HAZARD (THE INFLUENCE OF HARMFUL SUBSTANCES AND ADVERSE PRODUCTION FACTORS), AS WELL AS WORKING IN HIGH-DANGER CONDITIONS

1. Approve:

1) temporary standard regulations on the medical psychiatric commission of a medical organization for 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 those working in conditions of increased danger (Appendix No. 1);

2. Heads of medical organizations subordinate to the Federal Medical-Biological Agency, serving 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 those working in conditions of increased danger:

1) carry out work on the formation of medical psychiatric commissions in the medical organizations entrusted to them to conduct mandatory psychiatric examinations 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 in conditions of increased danger (hereinafter referred to as medical psychiatric commissions):

a) take measures to staff institutions with appropriate specialists and acquire medical equipment necessary to conduct mandatory psychiatric examinations;

b) take measures to obtain a license to carry out medical activities that include work (services) for “psychiatric examination”;

c) organize the work of medical psychiatric commissions and medical commissions for preliminary and periodic medical examinations in accordance with Decree of the Government of the Russian Federation dated September 23, 2002 N 695 “On undergoing mandatory psychiatric examination by employees “carrying out certain types of activities, including activities related to sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as those working in conditions of increased danger", other current federal regulatory legal documents, Charters of institutions and this order.

2) bring to the attention of the administrations of serviced organizations the procedure for conducting compulsory psychiatric examination of employees and the recommended form for the referral form for compulsory psychiatric examination.

3) before November 30, 2015, report to the Health Department of the Federal Medical-Biological Agency on the work done to organize compulsory 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 unfavorable production factors), as well as those working in conditions of increased danger.

3. Entrust control over the execution of the order to the deputy head of the Federal Medical and Biological Agency E.Yu. Khavkin.

Supervisor
V.V. FUCK

1. General Provisions

1.2. The commission consists of a chairman, a secretary and members of the commission from among psychiatrists, psychiatrists, narcologists and occupational pathologists.

1.3. The composition of the commission is approved by the head of the medical organization.

1.4. In its activities, the commission is guided by the legislation of the Russian Federation, regulatory legal acts of the Ministry of Health of Russia and the Federal Medical and Biological Agency of Russia, orders and instructions of the head of the medical organization, and these Regulations.

2. Powers of the commission

2.1. The commission exercises the authority to carry out mandatory psychiatric examination of employees of organizations subject to service in the medical organization of the FMBA of Russia.

3. Rights of the medical commission

The commission has the right:

3.1. Require the employee to provide a passport; referrals from an employer or medical organization; medical documents (medical record of an outpatient; certificates from medical organizations with psychoneurological and drug addiction profiles at the place of permanent registration for employees with temporary registration and living outside the place of permanent registration); medical report based on the results of the previous examination (if available); military ID or registration certificate (for those liable for military service).

3.2. Offer the employee, if it is impossible to make a decision based on the results of the examination in an outpatient setting, to undergo an examination followed by an examination in a hospital setting.

3.3. Request from medical organizations in the prescribed manner additional information about the employee’s health status, with appropriate notification to the employee.

4. Employee rights

The employee has the right:

4.1. Receive clarification on inspection issues.

4.2. If you disagree with the decision of the commission, appeal it in accordance with the established procedure.

5. Organization of the commission’s activities

5.1. The examination of workers is carried out in accordance with the Rules for undergoing mandatory psychiatric examination by 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 those working in conditions of increased danger, approved by Government Decree Russian Federation dated September 23, 2002 N 695, other current regulatory documents regulating the procedure for mandatory psychiatric examination of workers.

5.2. The examination is carried out on a voluntary basis, in accordance with the articles of the Law of the Russian Federation of July 2, 1992 N 3185-1 “On psychiatric care and guarantees of the rights of citizens during its provision.”

5.3. When determining medical contraindications to the implementation of certain types of professional activities and activities associated with a source of increased danger, the commission is guided by the relevant List approved by Resolution of the Council of Ministers - Government of the Russian Federation of April 28, 1993 N 377 "On the implementation of the Law of the Russian Federation "On Psychiatric Care and Guarantees rights of citizens during its provision”, other current regulatory legal documents.

Before the preliminary medical examination;

In the future, at least once every 5 years;

If signs of mental and behavioral disorders are detected when providing medical care to an employee or during a periodic medical examination.

5.5. The employee submits to the commission the documents specified in clause 3.1 of these Regulations.

5.6. Meetings of the commission are organized as needed.

5.7. The meeting of the commission is conducted by the chairman (in his absence - a member of the commission temporarily performing his duties on the basis of an order).

5.8. An employee’s refusal to undergo an examination is recorded in the work log of the medical psychiatric commission.

5.9. A specialist doctor conducting an examination of an employee on an outpatient basis records the results of the examination in the medical record of an outpatient patient of the established form, enters into it the data of the anamnesis, objective examination, and other necessary information, prescribes additional and instrumental research methods, based on the results of which he establishes a clinical diagnosis.

5.10. When examining an employee in a hospital setting, the commission makes a decision based on the conclusion of the medical commission containing a clinical diagnosis,

5.11. During the inspection process the following must be carried out:

Examination by a psychiatrist;

Electroencephalography.

Other examinations and studies, including examination by a psychiatrist-narcologist, experimental psychological research, and rapid urine test for the presence of psychoactive substances are carried out according to indications.

5.12. The commission makes a decision on the suitability (unsuitability) of an employee to carry out certain types of activities, as well as work in conditions of increased danger specified in the referral for examination, by open voting by a simple majority of votes. The special opinion of a commission member (specialist doctor) is recorded in writing in the employee’s medical record.

5.13. The decision and other documents of the commission are signed by the chairman of the medical commission (in his absence, by the member of the commission performing his duties), the secretary and members of the commission.

5.14. The commission's decision is issued to the employee against signature within 3 days after its adoption. Within the same period, a notice is sent to the organization that sent the employee about the date the medical commission made the decision and the date it was issued to the employee.

5.15. The commission's decision is recorded in the employee's medical record.

5.16. The secretary prepares all documentation for the commission.

Appendix No. 2

Approved by order of the FMBA of Russia dated September 7, 2015 N 170 Details of the organization sending for mandatory psychiatric examination DIRECTION FOR MANDATORY PSYCHIATRIC EXAMINATION Full name. ___________________________________________________________ Date of birth _______________ Place of work _____________________________________________________ Registration address: ___________________________________________________________________ in accordance with Art. 213 of the Labor Code of the Russian Federation is sent for a mandatory psychiatric examination in order to determine the compliance of the state of health with the work entrusted to him (her) in the position of __________________________________________ ___________________________________________________________________ (list of work performed and harmful and (or) hazardous production factors) ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ I request that the decision of the medical psychiatric commission be issued to hands of the subject. _________________________ ____________ ___________________________ (official) (signature) (last name, initials) "__" ____________ 20__ M.P.

Appendix No. 3

Approved by order of the FMBA of Russia dated September 7, 2015 N 170 On the letterhead of the medical organization of the FMBA of Russia DECISION OF THE MEDICAL PSYCHIATRIC COMMISSION N _____ dated "__" ____________ 20__ Full name: _________________________________________________________ Date of birth: "__" ___________ ____ In accordance with Resolution of the Council of Ministers - Government of the Russian Federation dated April 28, 1993 N 377 (as amended on September 23, 2002), based on the results of a mandatory psychiatric examination, there are no (there are) contraindications for admission to work in the position ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (indicate the influence of harmful substances and (or) unfavorable production factors) Chairman _______________/ / Secretary _______________/ / Members of the commission _______________/ / _______________/ / M.P.

Appendix No. 4

Approved by order of the FMBA of Russia dated September 7, 2015 N 170 Informed voluntary consent to mandatory psychiatric examination I, ______________________________________________________________ (last name, first name, patronymic) ____ year of birth, living at the address: __________________ ___________________________________________________________________ ___________________________________________________________________ I give my consent to conduct mandatory psychiatric examination. I hereby confirm that my rights, regulated by the current legislation of the Russian Federation, have been explained to me. "__" ____________ 20__. Signature of the patient ____________________ Signed in my presence: Doctor ___________________________________ (signature) _______________ (position, full name)

Appendix No. 5

Approved by order of the FMBA of Russia dated September 7, 2015 N 170 Refusal of compulsory psychiatric examination I ________________________________________________________________ (last name, first name, patronymic) ____ year of birth, living at the address: __________________ ___________________________________________________________________ ___________________________________________________________________ I refuse to undergo a mandatory psychiatric examination. I hereby confirm that the possible consequences of refusing a mandatory psychiatric examination have been explained to me, including the possibility and obligation of the employer not to allow me to perform certain types of professional activities. "__" ____________ 20__. Signature of the patient ____________________ Signed in my presence: Doctor ____________________________________ (signature) ______________ (position, full name)

Appendix No. 6

Approved by order of the FMBA of Russia dated September 7, 2015 N 170 On the letterhead of the medical organization FMBA of Russia MESSAGE OF THE MEDICAL PSYCHIATRIC COMMISSION N ____ dated "__" ____________ 20__ We hereby notify that _____________________________________________, ____ year of birth, (last name, first name, patronymic) resident (s) at the address: ___________________________________________________________________ passed a mandatory psychiatric examination. The decision of the medical psychiatric commission was made "__" ___________ 20__ The decision of the medical psychiatric commission was issued to the employee "__" _____________ 20__ Chairman Secretary Members of the commission: M.P.

Appendix No. 7

Greetings, dear friends! This note thoroughly examines the process of conducting mandatory psychiatric examinations of workers.

How to properly conduct a psychiatric examination of employees

Let's start with the normative legal justification.

Mandatory psychiatric examinations of employees are carried out in accordance with the requirements:

• Articles 69 and the Labor Code of the Russian Federation;
• rules for undergoing mandatory psychiatric examination by employees carrying out certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as those working in conditions of increased danger, approved by the Decree of the Government of the Russian Federation of September 23, 2002 No. 695 (hereinafter referred to as the List);
• clause 38 of the Procedure for conducting mandatory preliminary (upon entry to work) 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 ;
• Law of the Russian Federation of July 2, 1992 No. 3185-1 “On psychiatric care and guarantees of the rights of citizens during its provision.” .

Mandatory psychiatric examination (once every 5 years) must be carried out by 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 those working in conditions of increased danger according to the established List .

This List is very extensive. Suffice it to say that it lists welding aerosols, dust of plant and animal origin, and many, many others among the dangerous and harmful substances. Among the harmful production factors are industrial vibration, industrial noise, increased atmospheric pressure, increased temperature, decreased temperature, increased eye strain (including work related to monitoring display screens and other means of displaying information), and physical overload. Having studied this List, we can conclude that many jobs and professions fall under one of the provided factors.

In addition, workers engaged in work with harmful and (or) hazardous substances and production factors with a one-time or multiple excess of the maximum permissible concentration or maximum permissible level for an active factor, workers who have (had) a conclusion on a preliminary diagnosis of an occupational disease, persons with persistent consequences of industrial accidents, as well as other workers, if the appropriate decision is made by the medical commission, also undergo a mandatory psychiatric examination.

The following letters are devoted to explaining the intricacies of psychiatric examination:

In particular, in the letter of Rostrud dated October 14, 2016 No. PG/27356-03-3, it was concluded that the employer is not obliged to send workers who perform work on reading, entering information, as well as working in dialogue mode with a personal computer, since these types of work do not relate to work related to monitoring display screens and other means of displaying information specified in the List.

The Ministry of Labor in letter dated September 16, 2016 No. 15-2/OOG-3359 indicates that conducting mandatory psychiatric examinations is the responsibility of the employer, which is confirmed by Article 226 of the Labor Code. The employee does not bear the cost of financing measures to improve working conditions and safety.

About punishment... In accordance with Part 3 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation, the admission of an employee to perform labor duties without undergoing training in the established order and testing knowledge of labor protection requirements, as well as mandatory preliminary (upon employment) and periodic (in during work activity) medical examinations, mandatory medical examinations at the beginning of the working day (shift), mandatory psychiatric examinations or in the presence of medical contraindications - entails the imposition of an administrative fine:

• for officials in the amount of 15,000 to 25,000 rubles;
• for individual entrepreneurs in the amount of 15,000 to 25,000 rubles;
• for legal entities in the amount of 110,000 to 130,000 rubles.

Part 3 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation also includes psychiatric examination of workers. The size of the fine depends on the number of unexamined workers.

It is worth noting that there are also industry regulations governing the procedure for undergoing medical (including psychiatric) examinations. For example, Russian Railways is subject to the Order of Russian Railways JSC dated December 14, 2015 No. 2924r “On approval of standard rules for medical examinations, psychiatric examinations and psychophysiological examinations by employees of Russian Railways JSC (during working and non-working hours) and compensation to JSC employees.” Russian Railways" expenses associated with their passage."

And in conclusion, we invite you to familiarize yourself with the list of documents (the inspection was carried out in St. Petersburg in the summer of 2016), the submission of which by a legal entity, individual entrepreneur, is necessary to achieve the goals of the inspection by the state labor inspectorate in terms of fulfilling state regulatory requirements for organizing medical examinations and psychiatric surveys.

DOWNLOAD DOCUMENTS ON THE TOPIC

Sample order for the appointment of persons responsible for organizing mandatory psychiatric examinations of employees of the official group on VKontakte Svetlana Podberezina.

That's all. If you liked the article, don’t forget to put rating stars a little lower;) Thank you for your support!

To be continued …

Decree of the Government of the Russian Federation of September 23, 2002 N 695
"On passing 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 those working in conditions of increased danger"

With changes and additions from:

At the same time, the employee presents a passport or other identity document replacing it.

7. The employee’s examination is carried out within no more than 20 days from the date of his application to the commission.

For the purpose of examination, the commission has the right to request additional information from medical institutions, of which the employee is informed.

The commission makes an appropriate decision within 10 days after receiving additional information.

8. When undergoing an examination, an employee can receive clarification on issues related to his examination.

9. The commission makes a decision by a simple majority of votes on the suitability (unsuitability) of the employee to perform the type of activity (work in conditions of increased danger) specified in the referral for examination.

The commission's decision (in writing) is issued to the employee against signature within 3 days after its adoption. Within the same period, the employer is sent a message about the date the decision was made by the commission and the date it was issued to the employee.

10. If the employee disagrees with the decision of the commission, it can be appealed in court.

*Offer valid for legal entities
* Receive a personal commercial offer from the clinic manager

A medical commission licensed to conduct a psychiatric examination; A time convenient for you (the procedure takes no more than 30 minutes); Friendly and competent specialists.

Leave your phone number.
The clinic administrator will call you back.

Make an appointment

A person’s mental health 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, and the need to quickly respond to changing circumstances. It is precisely these professions that are extremely demanding on the speed of a person’s reactions, his endurance and self-control, his ability to control the situation and sensibly assess the surrounding reality. In a word, people in responsible positions must be completely mentally healthy.

In our clinic you can undergo a psychiatric examination for only 500 rubles, and specialists can visit the organization.

ALGORITHM FOR MANDATORY PSYCHIATRIC EXAMINATION OF CITIZENS APPLYING TO OBTAIN AN EMPLOYMENT CERTIFICATE.

Order of the Moscow Department of Health 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 in conditions of increased 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 heights, work in extreme conditions (for example, underground or in the climate of the Far North), work related to the carrying and storage of weapons, and the trafficking of psychotropic drugs and drugs. Confirmed mental health is a mandatory requirement for firefighters, police officers, school teachers, 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 the examination itself. Its purpose is to establish whether the employee has a mental disorder, as well as to determine the connection between the nature of this disorder and the ability to safely carry out professional activities, the type of which is indicated in the employer’s direction.

In our country, it is customary to treat psychiatrists with caution, but in reality there is nothing to fear: an adequate person who is of sound mind will not be “attributed” with any diagnoses. Even if you come to the examination not in the best mood, this will not threaten you. If your doctor notes that you have signs of depression and stress, he may advise you to seek counseling, but there will be no professional restrictions in this case. Thus, there is no need to “prepare” for the examination.

The examination is a voluntary procedure. However, if you refuse to take it, this may be grounds for your dismissal.

Your doctor will ask you questions to determine your mental health. Some of them may seem a little strange to you, but none of these questions are random: the doctor will evaluate both the content of your answers and the speed of your reaction, and other nuances will not be left unattended. Individuals suffering from mental disorders often have problems with abstract thinking; some diagnoses are characterized by incoherent speech, impaired logic, and other features that are clearly manifested during personal communication.

The inspection time will take no more than 30 minutes.

Mandatory inspection cases

The legislation of the Russian Federation names categories of employees who, in any case, must undergo a psychiatric examination upon employment ( Article 213 of the Labor Code of the Russian Federation):

• minors (under 18 years of age);
• applying for positions for which certification is provided for by the Labor Code of Russia;
• applying for positions for which certification 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:

• working with chemicals, explosive substances and other objects that pose a threat to health;
• underground, as well as lifting and high-altitude work (in these cases, the person is tested 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 increased danger and the need to carry weapons (army, police, security forces).

2. Social areas (Part 2 of Article 213 of the Labor Code of the Russian Federation).

This includes professions in areas that involve service and social interaction:

• catering establishments and food industry;
• trade and consumer services;
• hospitals and clinics;
• schools, children's camps, etc.
• office employees

3. By decision of local authorities (part 4 of article 213 of the Labor Code of the Russian Federation). This group is controversial. It allows for various additional cases of mandatory psychiatric examination, which are established by decision of local authorities, if there are sufficiently compelling reasons for this.

Rules for mandatory examination

The conditions that compulsory psychiatric examination of workers meets are regulated by the Government of the Russian Federation in Resolution No. 695 of September 23, 2002. The document stipulates the rules for undergoing the procedure for persons working in conditions that pose a danger to the health of the citizen himself and those around him:

1. Persons working in positions that are included in the list of “Mandatory Cases” are subject to regular psychiatric examination.
2. The standards established by Russian law regarding the right of a citizen to receive psychiatric care and the guarantees of its provision provide an exclusively voluntary basis for the examination of an employee.
3. The purpose of the examination is to determine professional suitability and mental health for admission to work with special conditions.
4. The assessment of the mental state is carried out by a SANMEDEXPERT commission consisting of three specialists: two psychiatrists and a chairman.

   View the documents:

5. Employees must undergo a certification procedure every 5 years (or more often, depending on their profession).
6. When applying to SANMEDEXPERT, a citizen must present documents confirming his identity.
7. The enterprise issues a referral for examination to indicate the type of activity of the employee and his working conditions.
8. The decision of the medical commission is given to the employee on the day of the examination. A message from the medical commission about the date the commission’s decision was made and the date it was issued to the employee is sent to the customer in writing within 3 business days after its adoption. In cases where additional information is required, the period may be extended to 30 working days with mandatory notification to the subject.

In accordance with the Rules, a citizen has the right to familiarize himself with the results of the survey and, in case of disagreement, to appeal 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 involving potentially dangerous activities (military service, chemical industry, etc.);
• According to the current legislation of the Russian Federation, the examination is carried out exclusively voluntarily. Compulsory research is ordered 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 a candidate or existing personnel to carry out a specific category of work. Sometimes a study is required to assess the mental state of an employee. The objective of the event is to establish the relationship between a person’s character and his ability to perform 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 pass from the moment the employee or applicant applies to the medical commission;
• The minimum frequency of examination for an employee is once every 5 years (for 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 the doctors give an opinion;
• An appeal against the result of the examination is permissible in a fixed manner that complies with legislative norms;
• Refusal to undergo the examination threatens the employee with removal from service. Repeated violation will result in dismissal.

The number of organizations and isolated institutions that require an assessment of a candidate’s mental health when approving a candidate for a position is growing every year. The examination is a responsible undertaking that requires certain time and material costs. It is important that such procedures do not cause harm or moral damage to either employees or employers, but entail only positive results for all parties involved.

Responsibility for ignoring the need for examination

Approval for an official position of an employee who has not passed a psychiatric examination is punishable in accordance with Part 3 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation. Financial 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 carrying out 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 allowing a person to perform work whose mental state does not meet the established standards.

Who can conduct an examination?

Psychiatric examinations have the right to be carried out by public and private clinics that have the wording psychiatry and psychiatric examination in their license. The institution must have professional medical commissions on psychiatry.

This rule is in effect in accordance with the Decree of the Government of the Russian Federation dated September 23, 2002 (No. 695).

The SANMEDEXPERT clinic has all the documents that allow it to carry out 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 can enter into an agreement with private medical centers licensed for psychiatric examinations, which help conduct regular examinations of employees and job candidates.

A referral is issued by the organization to a candidate for a vacancy if he is suitable for service according to other criteria. The timing of the commission is negotiated individually, according to the calendar plan.

When contacting the SANMEDEXPERT clinic for an examination, you must have with you:

• Identity document (internal passport of a citizen of the Russian Federation); military ID.
• Referral from employer.

A citizen has the right to contact a government or commercial agency that has a license 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 carrying out activities related to sources of increased danger

(You can view 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 psychoneurological 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 available),
• military ID (for those liable for military service).

Based on the results of the examination, the clinic’s specialists generate the following documents:

If the commission identifies contraindications for carrying out 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 make diagnoses and treat. The second one is not. A psychiatric examination is a purely medical event carried out by a doctor.

If I have been diagnosed and I don’t agree with it, what should I do?

Answer: In this case, you can undergo re-examination. An independent medical commission will examine you again, after which the diagnosis will either be confirmed or removed.

What tests will you need to take during the examination?

Answer: Not complicated. A psychiatrist may, for example, ask you a question about the meaning of a proverb or saying, or ask you what two times seven is. There is no need to be indignant - no one suspects you of not going through the multiplication tables. Asking questions and observing the patient's reaction is the professional responsibility of the doctor.

Do office employees need to undergo a psychiatric examination upon hiring and periodically - once every 5 years?

Answer: These workers are required to undergo mandatory psychiatric examination at least once every five years if they carry out activities or work in conditions provided for by the List of medical psychiatric contraindications for carrying out certain types of professional activities and activities associated with a source of increased danger (approved by the Decree of the Government of the Russian Federation of 04/28/1993 N 377).

Legal basis

According to Part 5 of Art. 213 of the Labor Code of the Russian Federation, workers engaged in certain types of activities, including those associated with sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as those working in conditions of increased danger, undergo a mandatory psychiatric examination at least once every five years. in the manner established by the federal executive body authorized by the Government of the Russian Federation.

Decree of the Government of the Russian Federation dated September 23, 2002 N 695 approved the Rules for undergoing mandatory psychiatric examination by 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 those working in conditions of increased danger , approved (hereinafter referred to as the Rules).

As follows from the Rules, compulsory psychiatric examinations are carried out by workers 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 carrying out certain types of professional activities and activities associated with a source of increased danger. This List was approved by Decree of the Government of the Russian Federation of April 28, 1993 N 377.

Information portal of Rostrud "Onlineinspection.RF", June 2016