To protect all road users, the law sets strict requirements for the driver’s condition: you can drive a vehicle only if he is sober, healthy and alert. The employer is also responsible for this. He is obliged to organize a well-being check of his employees.
The procedure is established by Order of the Ministry of Health of the Russian Federation dated December 15, 2014 No. 835n “On approval of the Procedure for conducting pre-shift, pre-trip and post-shift, post-trip medical examinations.”
In this article we will tell you:
- Why undergo a pre-trip medical examination?
- For whom is it required?
- Where does the medical examination take place and who conducts it?
- What are drivers tested for?
- How to fill out a medical examination log correctly
- Is it mandatory for drivers to undergo an additional medical examination after a flight?
- Is it possible to undergo a pre-trip medical examination remotely?
- What responsibility does an entrepreneur bear for violations?
- How to pay a fine with a discount
Who conducts the pre-trip medical examination?
A medical institution (hospital, private medical center) or a medical professional with a special license. Some companies obtain a license and organize inspections themselves.
To obtain a license, you need to collect a complete package of documents, open a medical office and hire a medical professional - a doctor or a medical worker with secondary education who has completed a training program.
Obtaining a license is not easy, so companies usually turn to companies that help collect documents and obtain permission. But the license gives the right to provide services to other companies and is valid for an indefinite period.
If you don’t want to hire a doctor and obtain a license, the company turns to a third-party agency. Small firms usually do just that.
Fines for legal entities
Check
Is it difficult to obtain a license to conduct pre-trip inspections?
Unfortunately, Difficult, Expensive and Troubling! Having become, in addition to your main activity, also a medical organization, prepare to hire not only nurses, but also a chief physician, nurses, as well as inspections by the licensing committee and Rospotrebnadzor (SES). Carefully study the requirements for a medical office: two rooms, one of which must be equipped with a washbasin, medical furniture (with certificates of conformity), lighting, etc. In a word, if you have less than 100 vehicles, it is better to enter into an agreement with a medical organization that will take responsibility for medical examinations, thus saving you from headaches. It will be cheaper.
How is the pre-trip medical examination carried out?
During the medical examination they check:
- Driver's well-being. The doctor measures basic indicators: blood pressure, pulse, temperature. If the pulse and blood pressure are not normal, these indicators can be measured again after 20 minutes.
- Sobriety. The presence of ppm is checked with a breathalyzer.
If the driver has any complaints, vital signs are not normal, or the disease has worsened, he is suspended from work that day. The health worker issues a referral for additional examination to the hospital.
If the breathalyzer detects ppm, or there is a suspicion that the driver has taken drugs, the health worker prohibits going to work.
By law, the inspection is included in working hours. If the employee completes it in his free time, he is paid overtime. The employer also pays for the examination itself.
Do taxi drivers need to sign an agreement for pre-trip medical examinations?
Let's start with the fact that since March 2012, the “hunt” for illegal taxi drivers has intensified significantly. In accordance with Law No. 69-FZ of April 21, 2011 “On Amendments to Legislative Acts of the Russian Federation”, from September 1, 2011, all taxi drivers are required to have a license to carry out passenger transportation. Thus, in order to work legally, you need to register an individual entrepreneur or LLC and obtain a license. And if there is an LLC or individual entrepreneur, and transport transporting passengers (taxi), then in accordance with Law No. 196-FZ of December 10, 1995, there must be an agreement for pre-trip and post-trip and ongoing medical examinations (see answer to question No. 1) .
Pre-trip medical examination log
After the check, the medical worker fills out a pre-trip medical examination log and puts a mark on the waybill confirming that the driver is allowed to drive a car.
The stamp must indicate the time of inspection so that there is no doubt that it is current.
The head of the company is responsible for the journal: he monitors the regularity of entries and compliance with the form.
Fill in the log:
- time of inspection;
- personal data of the driver and information about his health;
- medical report;
- signatures of the health worker and the driver.
.
A waybill with an admission stamp is issued to the driver before each flight. This usually happens every day, or several times a day. But there are exceptions: for example, long business trips.
According to the law, a waybill can be issued for a period not exceeding a month. If a business trip lasts, say, 20 days, the driver is given a waybill in which all points of his route are marked. Then he must undergo a medical examination only once - before leaving. The results will be valid for the entire duration of the trip.
How to correctly indicate the time of the pre-trip medical examination and the time of release to the line?
The main thing to remember is that a car cannot pass a pre-trip technical inspection and drive on the line without first passing a pre-trip medical control of the driver. The sequence of actions of the driver before leaving the line is as follows: the dispatcher fills out a waybill, the person responsible for traffic safety conducts instructions, etc. Estimated time: 5-15 minutes ⇒ the driver with the waybill is sent to a medical professional and undergoes a medical examination. Estimated time: 5 minutes, if the driver does not need to go anywhere or drive to undergo medical control ⇒ then, the driver follows to the car, and the mechanic (vehicle technical condition controller) releases the car to the line (time of departure from the garage). 10 minutes more. Total: 10-30 minutes
The main mistake that is made during release is that either the above sequence is not followed (for example, the time of release to the line and the medical examination coincide; thus, it turns out that the nurse on the run conducts a medical examination of the driver who is already leaving the garage), or the time medical examination and technical inspection are not taken into account as the driver’s working time.
According to clause 15 (c, d) of Order of the Ministry of Transport No. 15 of August 20, 2004, the preparatory and final time for performing work before leaving the line and after returning from the line and the time for conducting a medical examination of the driver before leaving the line (pre-trip) and after returning from line (post-trip), as well as the travel time from the workplace to the place of medical examination and back, is included in the driver’s working time.
SUMMARY: When calculating the driver’s working time, follow the above order. Supervisory authorities, especially the labor inspectorate, really love this regulatory document!
Post-trip medical examination: is it necessary to undergo it?
Post-trip inspections are only required for drivers who transport passengers or dangerous goods during working hours. The requirements for them are more stringent: they are checked after each shift and flight.
The procedure for post-trip medical examinations is the same as for pre-trip ones. These inspections have two purposes:
- Monitor employee health. Regular examinations help to notice in time the onset of an occupational disease or poisoning, and to track the impact of harmful factors on health.
- Identify employees who use alcohol or psychoactive substances at work.
For other drivers, inspections are only recommended. For example, it is recommended to examine people at risk after a flight: the elderly, people with illnesses, and people who drink alcohol.
Check your organization's fines now
Remote pre-trip medical examinations
The medical examination takes up working time: the driver must get to the examination site, undergo an examination, obtain a permit, and only then can he leave for the trip. If there are several flights and they start at different points in the city, the driver is forced to return each time to the medical center with which the company cooperates. Therefore, some entrepreneurs organize remote inspections.
Remote inspections are carried out at points where special equipment is installed: a terminal for measuring body parameters, a camera, a breathalyzer. The inspection procedure is as follows:
- The driver fills out his data in a special computer system.
- The terminal, which is installed at the remote inspection point, measures the driver’s pressure, temperature and pulse.
- The built-in breathalyzer checks for the presence of alcohol in the blood.
During this time, the examination is monitored via a webcam by a licensed healthcare professional. He makes sure that the driver does not violate anything during the inspection. If everything is in order, the medical worker issues a conclusion and allows the driver to board the flight. He confirms his decision with an electronic signature.
There are companies in Russia that sell equipment for remote inspections. Hypothetically, an entrepreneur can install several devices at the right points in the city and save drivers time. But the legality of this method is still in question.
Proponents that remote examinations are legal rely on Federal Law No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation.” Article 36.2 allows for the provision of medical care using telemedicine technologies. Typically, companies that sell equipment or organize remote inspections convince customers that everything is absolutely legal.
But court decisions and responses from regulatory authorities indicate that the Russian authorities do not consider remote medical examinations legal. For example, the Arbitration Court of the Sakhalin Region refused to invalidate a fine for violating the medical examination procedure. The court concluded that the regulations do not directly indicate that telemedicine can be used during pre-trip medical examinations.
And this is an explanation regarding the legality of remote inspections on the website of the prosecutor’s office of the Republic of Crimea. Roszdravnadzor believes that remote medical examinations pose a threat to traffic safety.
The laws do not directly prohibit the provision of telemedicine services during a pre-trip medical examination, nor do they permit remote examinations. But practice shows that the court almost always recognizes that remote inspection is a violation.
The matter may not come to punishment. Employees who check drivers sometimes get into a situation and turn a blind eye to the fact that the medical examination was carried out remotely. But according to the law, inspectors have every reason to fine the driver and entrepreneur a large sum. Therefore, allowing a driver to board a flight without a personal medical examination is a serious risk.
What is the difference between pre-trip and pre-shift medical examinations for drivers?
Pre-trip is an inspection of the driver before a trip, pre-shift is, respectively, an inspection before a shift.
That is, the reasons for conducting a medical examination are somewhat different, and one employee does not undergo both medical examinations at the same time, one is enough (for drivers - pre-trip). If we talk about the composition of procedures during a medical examination, then in both cases it is the same.
The essence is the same. Both are carried out on the basis of Order of the Ministry of Health of the Russian Federation dated December 15, 2014 N 835n “ON APPROVAL OF THE PROCEDURE FOR CONDUCTING PRE-SHIFT, PRE-TRIP AND POST-SHIFT, POST-TRIP MEDICAL EXAMINATIONS”
As a rule, pre-trip and post-trip - refers to drivers of commercial vehicles, and pre-shift - to professions in hazardous industries.
Why do we undergo so few examinations when undergoing medical examination?
A medical examination is a kind of screening for the most common diseases. In order to assess the average condition of your body, you are asked to take the most common tests to assess the basic functions of your body's organ systems. Unfortunately, we can get sick due to a bunch of different reasons, which are simply impossible to list in one place. In order to restore health, it is necessary to diagnose an existing disease or disorder, identify the causes of development and eliminate them or take them under control.
What medications should a driver not take while driving?
The list of medications that drivers should not take has changed. In addition to the usual information about the ban on alcohol-containing drugs, there are medications that are taken for high blood pressure, headaches, treatment of the gastrointestinal tract, antihistamines, cold medicines, analgesics and antidepressants.
All car enthusiasts and those whose car is their workplace should know the complete list of prohibited drugs.
The list included such popular analgesics as Pentalgin, Spazmoveralgin, Spazmalgon, Migrenol. In these times of stress and anxiety, those who drive are prohibited from taking Glycine, Tazepam, Elenium and Rulanium.
In addition, cases of questioning drivers about the medications they take have become more frequent. If the use of a prohibited drug is confirmed, the driver faces not only a fine, but also the possibility of losing the right to drive a vehicle.
Is it possible to give injections with a license for pre-trip and post-trip inspections?
In accordance with paragraph 46 of Art. 12 of Federal Law No. 99-FZ of May 4, 2011 “On licensing of certain types of activities”, medical activities are subject to licensing (hereinafter referred to as Law No. 99-FZ). However, as follows from paragraph 6 of Art. 3 of this law, the licensee can only be a legal entity or an individual entrepreneur. Thus, an individual who is not an individual entrepreneur cannot have a license to practice medicine. Medical personnel of organizations, on the basis of clause 1, part 1, art. 100 of the Federal Law of November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”, must have a specialist certificate (see also clause 1.4 of the Model Regulations on the organization of pre-trip medical examinations of vehicle drivers, approved by the Ministry of Health of the Russian Federation and the Ministry of Transport RF 01/29/2002). And you will find more information on your question here https://predreysovye-osmotry.ru/predreysovye-tekhosmotry.
How do traffic police officers determine who needs to be stopped?
There are many reasons to stop. Basically, the brakes are on well-known car models of popular brands, which, for example, have fog lights on or simply all the headlights that are there when they are not needed, or the car is overly tinted or has some other tuning elements. They also especially like overly dirty or old cars, cars where one of the headlights does not light up. Wearing sunglasses in cloudy weather can also be a reason to stop. Unbelted children jumping around the car especially attract attention. And, of course, behavioral factors at the time of passing traffic cops. You should never swerve or greatly reduce speed in front of standing inspectors, but rather add a little gas and confidently continue moving. There are also days when all sorts of raids are carried out, if you notice this, then accordingly you need to choose the right routes and time of day to travel if you do not want to be stopped.
Source of the article: https://yandex.ru/q/question/work/v_chem_raznitsa_mezhdu_predreisovymi_i_fb11f5aa/?answer_id=780c7677-f44a-470e-b2ff-367a75d0b6ae
Fines and liability for violations during pre-trip medical examinations
Penalties for lack of a medical examination are established by Article 12.31.1. Code of Administrative Offenses of the Russian Federation:
For drivers: 3,000 rubles
For officials: 5,000 rubles
For legal entities: 30,000 rubles
Fines for violating the established procedure for medical examinations are prescribed in Article 11.32 of the Code of Administrative Offenses of the Russian Federation:
For drivers: 1,000 - 1,500 rubles
For officials: 2,000 - 3,000 rubles
For legal entities: 30,000 - 50,000 rubles
If the company fails to conduct an inspection or violates the procedure for conducting it, and the driver gets into an accident with serious consequences, it may lead to criminal prosecution. This is regarded as a violation of labor protection requirements (Criminal Code of the Russian Federation, Article 143). In this case, the manager and the person responsible for conducting inspections may be assigned:
A fine of up to 400,000 rubles or in the amount of wages or other income for a period of up to 18 months.
Compulsory work for a period of 180 to 240 hours.
Correctional labor for up to 2 years.
Forced labor for up to 1 year or imprisonment for the same period with deprivation of the right to hold certain positions or engage in certain activities.
It is impossible to collect a fine from an employee for failing to undergo a medical examination - this decision was made by the Sverdlovsk Regional Court on November 27, 2019 in the case of recovery of damages from an employee No. 33-20128/2019.
Checking fines for legal entities. persons
Do you want to monitor fines, receive a daily report on new fines found and pay them?
Try for free
Is it possible to pay a fine for violating the requirements for pre-trip medical examinations at a discount?
Can. A 50% discount applies within 20 days from the date of delivery of the resolution. You can check the presence of a fine by the license plate number of the car or by resolution.
Tracking fines can be difficult: they can be issued to both the organization and the driver. To avoid checking data manually, connect to the Online State Traffic Safety Inspectorate service for monitoring fines for legal entities. The service will collect all fines of the organization in your personal account. You can pay in one click and view your payment history at any time. And if a fine is imposed on the driver, the program will send him an SMS with a link to online payment.
according to article
Write to our lawyer and he will help you understand automobile legislation. We will consider controversial situations and tell you how to act according to the law.
Don't miss new useful publications
We will tell you about the intricacies of the legislation, help you understand it and tell you what to do in controversial situations.
Many people get it wrong - how do you spell “takeaway(?) food”?
Catering establishments are springing up on every corner like mushrooms after rain. If you want, spend time in them with a cup of coffee and small talk, or if you want, order food to eat at home in the dark under a blanket. They will pack it for you and take it with you - isn’t it a miracle?
You can take anything out of establishments (except for furniture, staff and other objects not listed on the menu). Cafes are full of signs offering a new service - takeaway food (?)
. By the way, wait a minute. How to write this adverb correctly - together or separately? I will say right away that the correct answer may surprise you.
