Innovations in legislation on pre-trip medical examinations of drivers

Legal norms - 2021 for conducting pre-trip medical examinations of drivers

It is noteworthy that the pre-trip medical examination of drivers is simultaneously regulated by several (not contradictory) regulatory sources:

• by order of the Ministry of Health of the Russian Federation dated December 15, 2014 No. 835n;
• letter of the Ministry of Health of the Russian Federation dated August 21, 2003 No. 2510/9468-03-32;
• by order of the USSR Ministry of Health dated September 29, 1989 No. 555.

In addition, some aspects of pre-trip medical examinations of drivers are regulated by Art. 23 of the Law “On Road Traffic” dated December 10, 1995 No. 196-FZ.

The object of regulation of these legal acts partially coincides (and if we talk specifically about the pre-trip examination of drivers, it coincides completely), but the main document, the provisions of which employers should study, can be considered the most recent - Order of the Ministry of Health No. 835n.

Let us note that in all of these sources of law published by the Ministry of Health, there are provisions that require employers to use a special registration log to record the results of the pre-trip medical examination of drivers. Moreover, only the order of the USSR Ministry of Health No. 555 contains the recommended form of this journal.

For a sample driver pre-trip medical examination log, see here .

So, the most recent of these regulations regulating the conduct of medical examinations of drivers is Order No. 835n of the Ministry of Health of the Russian Federation. Its provisions are also relevant for 2021.

Regulations governing the procedure for medical examination

1. Law on Road Traffic Safety with numerous amendments dated July 30, 2019 No. 196-FZ, Articles 20 and 23.
2. Medical examinations of certain categories of workers: Art. 213 Labor Code of the Russian Federation No. 197-FZ dated December 30, 2001 (the new version is valid from August 13, 2020).
3. The procedure for conducting pre-trip, pre-shift, post-trip, post-shift medical examinations of drivers: Order of the Ministry of Health of the Russian Federation No. 835n dated December 15, 2014 (with new amendments will be issued at the end of the first quarter of 2021).
4. Law on protecting the health of citizens (observance of medical confidentiality, Article 13; types of medical examination, medical examination: Article 46, paragraph 2; parts 4-5) of the Russian Federation No. 323-FZ dated November 21, 2011, in the latest edition, valid from September 2021 .
5. Article 94 of Law No. 242-FZ of July 29, 2017. Information about persons ... in respect of whom medical examinations, medical examinations and medical examinations are carried out.

Please note: paragraph 22 of the regulation (No. 242-FZ, Art. 94) will be changed in 2022 on the basis of Law No. 439-FZ of December 25, 2018.

1. The Ministry of Transport of the Russian Federation approved Regulation No. 15 on the basis of Federal Law No. 197-FZ (30/12-01) of the Labor Code of the Russian Federation; Art. 329 on recording the driver’s rest and working time. The new version came into force on 13/08-20.
2. Order of the Ministry of Health of Russia dated July 14, 2003 No. 308 “On medical examination for intoxication”: Appendixes 7 and 8 provide a list of topics studied when training health workers in PME and alcohol examination. Each course takes 36 hours, 72 in total. Distance learning is possible.
3. Part 3 of Article 19 of the Federal Law of April 6, 2011 No. 63-FZ “On Electronic Signatures”.

Order No. 835n on pre-trip medical examinations of drivers

The main feature of Order No. 835n of the Ministry of Health of the Russian Federation is that it regulates not only pre-trip, but also pre-shift, post-trip and post-shift examinations of employees. According to this order, pre-trip medical examinations are mandatory for all drivers, except for those who work in emergency vehicles - only those medical examinations that relate to pre-shift medical examinations are mandatory for them. In turn, post-trip medical examinations are mandatory for those drivers who transport passengers and dangerous goods. The Ministry of Health also requires individual entrepreneurs who independently provide transportation services to undergo pre-trip and post-trip inspections.

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Features of the pre-trip medical examination procedure for drivers

Order of the Ministry of Health of the Russian Federation No. 835n establishes that pre-trip medical examinations of drivers:

• are carried out immediately before the start of a work shift in order to detect harmful and dangerous factors, as well as health conditions that may interfere with a person’s performance of work functions;
• are financed and organized by the employer;
• are carried out by medical workers who have the necessary qualifications, confirmed by a certificate, and who work on the staff of the company or represent a third-party medical organization, with the appropriate license to carry out medical activities.

Order of the Ministry of Health No. 835n determines that pre-trip examinations include:

• consideration of driver complaints;
• conducting a visual inspection;
• measuring temperature, pressure, pulse;
• identifying signs of intoxication;
• determining the percentage of alcohol in the blood;
• determination of the presence of psychoactive substances.

Based on the results of the pre-trip medical examination, the doctor makes a conclusion that:

• no harmful and dangerous factors or health conditions that prevent the driver from performing his job function have been identified (and therefore the driver can start working);
• relevant factors or conditions have been identified (and therefore the driver cannot be allowed to work).

In both cases, the employer is informed about the results of the medical examination. In the second scenario, if factors and health conditions that prevent the driver from working are identified, then the employee is issued a certificate for subsequent contact with a medical organization in order to receive the necessary assistance.

You can find out how an employer can organize pre-trip and post-trip medical examinations by receiving a free trial access to K+.

Regulations on the organization of pre-trip medical examinations of drivers

In addition to Order No. 835n, the letter of the Ministry of Health of the Russian Federation dated August 21, 2003 No. 2510/9468-03-32 also retains legal force. It states that the employer, for conducting pre-trip medical examinations of drivers, can approve a separate local legal act - a regulation on the organization of appropriate examinations. The standard form of this provision is approved in Appendix 2 to the specified letter of the Ministry of Health. This provision implies regulation:

• organizing pre-trip medical examinations;
• content of medical examinations;
• carrying out certain procedures as part of medical examinations;
• conditions for medical examinations;
• criteria for allowing drivers to work after passing a medical examination;
• responsibilities of medical institutions that conduct medical examinations.

See the structure of the order for medical examination by employees of the enterprise here .

Is it possible to collect a fine from a driver who was issued for going on the line without a pre-trip medical examination? The answer to this question is in ConsultantPlus. Learn the material by getting trial access to the system for free.

Pre-trip medical examination of drivers: a legal requirement is a safety condition

The development of the logistics services market leads to the emergence of an increasing number of transport companies and the expansion of their staff. The driver’s responsibility for the cargo, the vehicle, and the lives of pedestrians and passengers presupposes that he is healthy and not under the influence of alcohol or drugs. This responsibility is shared with him by the transport company, which is obliged to organize a pre-trip medical examination.

From the outside, everything looks very simple: based on the results of the inspection, the driver is allowed or not allowed to work; the admission (the seal of the organization that conducted the inspection) must appear on his route sheet. In practice, the management of transport companies often experiences difficulties in meeting legal requirements.

Legislation in the field of pre-trip medical examinations

A pre-trip medical examination is a mandatory condition for working as a driver in a transport company. This is regulated by a number of regulatory documents. These include the provisions of labor legislation (Article 213 of the Labor Code of the Russian Federation), the Code of Administrative Offenses and the Federal Law of December 10, 1995 No. 196-FZ “On Road Safety” (Article 20, paragraph 1), as well as a letter from the Ministry of Health RF dated August 21, 2003 No. 2510/9468-03-32 “On pre-trip medical examinations of vehicle drivers.” In general, a post-trip inspection is recommended, but not mandatory, if the employer considers it appropriate. For example, such an examination is possible for employees in the “risk group” - those who are often sick or have chronic diseases, drink alcohol, and working pensioners. It is worth saying, however, that according to the law, drivers who transport passengers and dangerous goods must undergo this type of inspection without fail.

A medical examination allows you to determine whether the driver is healthy, whether he is suffering from overwork or a hangover, and whether he has taken alcohol, drugs or other substances that may affect his ability to drive.
If at least one of the listed signs is detected, the driver is not allowed to work that day. It is important to know! Examination of the driver for the presence of narcotic substances in the body is possible only with his written consent, which is usually given as part of an employment contract, civil contract or in a separate document.

The procedure for conducting pre-trip medical examinations of drivers

Let's together answer the most common questions about the procedure for conducting pre-trip medical examinations of drivers.

• What categories of drivers are subject to inspection? Everyone who is registered in the company as a driver, regardless of location, travel distance, or type of vehicle. An exception can be made only for drivers working in emergency services (ambulance, gas service, police, traffic police, Ministry of Emergency Situations, fire brigade, etc.).
• When is the inspection carried out? The check is carried out before the driver leaves for the trip and is counted as his working time.
• Where is the verification carried out? For a pre-trip medical examination, a special room must be allocated at the enterprise with an area of ​​at least 12 square meters. m. Also, employees can be sent to a medical institution for a medical examination in an organized manner - for example, by corporate transport.
• What is being checked? The main task is to determine readiness to drive vehicles. This includes determining general well-being, identifying signs of alcohol or other intoxication, and hangover syndrome.
• What medical procedures can solve certain problems? It is necessary to conduct an external examination of the skin, pupils for reactions, mucous membranes of the eyes and oral cavity. The driver is then questioned about his health to obtain information about his well-being and mental state. Pulse and blood pressure are measured. If a driver has hypertension problems, his medical card indicates the blood pressure limits at which he can be allowed to work. These limits are defined as the arithmetic average of the readings recorded by the doctor over a period of ten days. Alcohol intake is determined using a breathalyzer; narcotic and psychotropic substances require laboratory analysis of blood and urine.
• How long does it take to inspect one driver? An examination will take 10–15 minutes if there is no suspicion of drug or drug intoxication (for example, from taking large doses of painkillers). If there is a need for such a check, a rapid test of blood and urine is done, which takes an additional 20 minutes.
• Documents in which inspection data is entered. The result of the medical examination is displayed in the waybills and the driver’s pre-trip medical examination log.
• In what cases can a decision be made to deny a driver access to a vehicle? If traces of alcohol, narcotic or psychotropic drugs are detected, the pulse is abnormally rapid or blood pressure is elevated, there are signs of an acute illness.
• What is issued based on the results, where is the information entered? As a result of the medical examination, an approval stamp is placed on the waybill. It contains the date and exact time of the medical examination, the name, initials and signature of the doctor who conducted the examination. The information is duplicated in the medical examination log. If a driver is suspended from a flight for medical reasons, data about this is entered into a log, and the fact of suspension is brought to the attention of the company’s management.

A pre-trip medical examination of drivers, which reveals the fact that the driver is under the influence of alcohol or drugs, may serve as a reason for imposing a penalty on the driver in accordance with labor legislation. Let us note that this fine is not imposed by traffic police officers, but by officials of bodies exercising control and supervision functions in the field of healthcare.

Requirements for the organization conducting the inspection

Medical examination of drivers is considered a separate type of medical activity that requires licensing. Medical personnel who have completed a special training course and have the appropriate certificate/diploma have the right to conduct an examination. Based on this, the company has three options for organizing pre-trip medical examinations of drivers:

• A certified doctor working on the company's staff under an employment contract. In this case, a license is not required.
• An involved organization that has a license and operates under a contract for the provision of medical examination services. The license holder can be not only a medical institution in the generally accepted sense (hospital, clinic), but also an organization for which medical examinations are the only medical activity.
• The enterprise independently obtains a license to conduct medical examinations of drivers. This makes sense for large motor transport enterprises, which in any case have to bear the costs of maintaining a medical office and paying salaries to certified specialists. Once licensed, they can also provide driver health screening services to smaller businesses.

Be careful, fines! According to Article 11.32 of the Code of Administrative Offenses of the Russian Federation, for violation of the rules for conducting a medical examination, fines are provided in the amount of:

• 1000–1500 rubles - for the driver;
• 2000–3000 rubles - for the health worker conducting the examination;
• 30,000–50,000 rubles - for a legal entity or individual entrepreneur.

The organization conducting medical examinations of drivers must have its own premises for their reception or be able to provide visiting specialists with the necessary kits for medical examinations.

Pre-trip medical examination of the driver: price of the service

The table below shows the approximate cost of a pre-trip medical examination of drivers if a third-party organization is involved.

The service is inexpensive. At such prices, it makes sense to hire a doctor only if you have more than fifteen drivers or obtain a license for an enterprise to conduct medical examinations of drivers of third-party organizations. It is worth saying that the process of obtaining a license takes a lot of time and money. Even if your company is going to do this, while all the documents are being prepared, you may have to contact a third-party organization, since you still need to work, and it is illegal for the driver to go on shift without a stamp confirming the medical examination on the waybill.

Keep in mind! If problems arise on the roads, traffic police officers have the right to detain the driver for a medical examination and will definitely ask about his waybill (if we are not talking about driving a personal vehicle). A “drawn” stamp placed by an uncertified doctor or an unlicensed company will have serious consequences for your business.

Results

Conducting a pre-trip medical examination of drivers is an employer’s obligation provided by law. During its implementation, it is important for the enterprise to comply with the procedures provided for by the provisions of Order of the Ministry of Health of the Russian Federation dated December 15, 2014 No. 835n.

You can study other nuances of medical examinations by employers in the articles:

• “Medical examination upon hiring (nuances)”;
• “Medical examination when applying for a job - procedure and nuances”.

Sources:

• Federal Law of December 10, 1995 No. 196-FZ
• Labor Code of the Russian Federation

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All types of medical examinations for drivers

There are few types of mandatory medical examinations for drivers:

1. Preliminary medical examinations upon entry to work.
2. Periodic medical examinations
3. Pre-trip and post-trip medical examinations.

These medical examinations must be completed:

• Employees (according to Article 214 of the Labor Code of the Russian Federation.)
• Individual entrepreneurs who carry out transportation independently (clause 4 of Article 23 of the Federal Law of December 10, 1995 No. 196-FZ.)

These medical examinations are carried out exclusively at the expense of Article 213 of the Labor Code of the Russian Federation). While the employee undergoes a medical examination, he retains his job and average salary.