When applying for a job, people undergo a medical examination. It may be mandatory in accordance with the Labor Code or contractual when concluding an employment contract on the terms of the employer. This is necessary in order to find out if the person applying for a job has any contraindications to this type of activity. The mental state of the future worker is also important. Especially for speci alties that require exceptional attention and concentration in the performance of work. Therefore, a mandatory psychiatric examination of workers has been introduced. Next, consider which professions are included in this list.
Legislation
Mental disorders in a person can be a serious reason for limiting the performance of work duties. Such people, performing work associated with increased danger or requiring special attention, can harm themselves and others.
Employer at the time of admissiona person to work must comply with the rules established by law:
- The main document is Order No. 695 dated September 23, 2002. It contains the basic principles of how to conduct a psychiatric examination of employees.
- Article 212 of the Labor Code of the Russian Federation indicates when this examination should be carried out.
- Decree of the Government of the Russian Federation dated April 28, 1993 No. 377 contains a description of working conditions and harmful factors that may become the basis for an employee to pass the software.
- Article 213 of the Labor Code of the Russian Federation contains grounds for conducting a psychiatric examination.
All these documents are taken into account when developing the "Regulations on the passage of a psychiatric examination" at the enterprise. Control over compliance with the rules is carried out at the legislative level. The Occupational Safety Officer should monitor compliance with this provision and also keep a record of those who are required to undergo a psychiatric examination.
Procedure types
There are several types of psychiatric examination:
- Periodic, which must be passed through a certain period of time. At the enterprise - every 5 years.
- Required. Depending on the professional activity, it is necessary to undergo a psychiatric examination for work.
- Voluntary. May be as an addition to the mandatory to detect deficiencies or make additions.
- Examination without the permission of the subject. When a person can bea threat to themselves and others, a court order is required for a compulsory examination.
- Examination without informing the subject. Testing is done for individuals who may at times behave inappropriately.
- Psychiatric examination at the conclusion of transactions. For insurance of citizens during the signing of documents, the conclusion of sales contracts.
Professions requiring a procedure
Consider the list of professions subject to psychiatric examination:
- Service lathes, milling machines and stamping presses.
- Working with boiler and gas equipment.
- Teaching staff.
- Medical and pharmaceutical workers.
- Machinists.
- Working at height or underground.
- Top climbers.
- Persons servicing lifting structures, structures.
- Food industry workers who have contact with food during their manufacture, sale, storage.
- Performing sanitization and repair of inventory and equipment in the food industry.
- Transporting food products.
- Drivers.
- Service electrical installations 127 V and above.
- Carrying out the carrying, use, storage of firearms.
In enterprises associated with the implementation of suchtype of work, mandatory psychiatric examinations should be organized.
He alth workers
It is necessary to note which jobs in medicine and the pharmaceutical industry require a psychiatric examination:
- Production of dosage forms of morphine and its derivatives, anticancer drugs, hormonal, antipsychotics, anticoagulants, anesthetics used in anesthesia.
- The use of antipsychotics in therapeutic treatment.
- Production of medicines in a pharmacy.
- Production, processing, storage and transportation, use, destruction and distribution, as well as export and import into the territory of the customs of the Russian Federation of narcotic and psychotropic substances.
- Working in dentistry with drugs containing mercury.
- Production of cosmetic products containing mercury.
- Production and use of antibiotics, enzyme preparations and biostimulants.
- Production of drugs for the treatment and diagnosis of immunobiological blood products A.
- Working with infected material, with infected patients.
- Working with equipment related to ultrasound, lasers and radioactive substances, as well as sources of ionizing radiation.
- Personnel working in specialized medical and emergency teams.
- Working with psychotropic and narcotic drugs.
- Work with catering in sanatoriums, medical institutions.
- He alth workersmaternity wards, children's departments of pathologies of newborns, premature babies and surgeries.
What is a harmful factor
One of the important indicators for someone who must undergo a psychiatric examination is the presence of a harmful factor at work. What could it be:
- Working with chemicals: mercury, arsenic, metals, benzene, organic solvents.
- Narcotic and psychotropic substances.
- Infected and infected materials.
- Aerosols. Dust of vegetable and inorganic origin.
- Noise, vibration, temperature fluctuations, high atmospheric exposure.
- Influence of radioactive substances, lasers, ionizing radiation, electromagnetic fields.
- Vision strain. Increased physical activity.
Diseases affecting occupational suitability
Depending on which position or profession is considered, not only existing mental illnesses are taken into account, but also:
- Presence of alcohol addiction.
- Does the person suffer from substance abuse or addiction.
- Epilepsy.
- Frequent neuroses.
- Do you faint.
- Personality disorder.
- Mental retardation.
- Speech disorders stuttering.
If the person who is to undergo a psychiatric examination has the above conditions, the commission may make a negative decision. If the employee does not agree with this conclusion,then he has the right to re-examination.
Plan implementation procedure
Let's highlight the most important points of the psychiatric examination:
- Issuing an order for a psychiatric examination and appointing responsible persons.
- Identification of positions and speci alties in the enterprise that require a psychiatric examination.
- Concluding an agreement with a medical institution for the examination.
- Issuing a referral for a psychiatric examination.
- The employee must undergo an examination at a medical institution specified by the employer.
- The decision of the commission is issued to the employee. The message is sent to the enterprise.
The decision also indicates the date of the next psychiatric examination.
Who is responsible
The law places all responsibility for the procedure for passing a psychiatric examination on the enterprise.
In case of non-compliance with the law, fines are imposed on officials up to 25,000 rubles, legal entities - up to 130,000 rubles, for entrepreneurs - up to 25,000 rubles. At an enterprise or organization that has employees performing work included in the list of RF PP No. 377, a mandatory psychiatric examination of employees must be organized in accordance with established norms and rules.
An employee who refuses to undergo a psychiatric examination may be dismissed from his position,and may also be excluded from work in other ways. Art. 76 of the Labor Code allows you not to pay wages to an employee due to a refusal to undergo an examination or medical examination.
Those who must undergo a psychiatric examination can write an application for the preservation of wages and jobs for the period of the commission.
The employer has the right to refuse to provide a vacancy if such an examination is not passed.
Algorithm for carrying out
Whether a psychiatric examination is worth it, the employer decides for himself, starting from the Decree of the Government of the Russian Federation on a psychiatric examination, which lists harmful professional factors that require regular expert examination:
- The company creates a commission that evaluates working conditions.
- Assessment of activities for the presence of harmful factors in accordance with Government Decree No. 377.
- Psychiatric examination being arranged.
- The employee is issued a referral for a psychiatric examination. It must be completed within 20 days.
Summary of procedure
It is necessary to undergo a psychiatric examination only in the medical institution where the employer sent. The commission consists of 3 psychiatrists. The direction must indicate the working conditions and type of activity. The commission also has the right to make an inquiry about the statushe alth care worker to another medical facility.
Rules for psychiatric examinations
Here are the main ones:
- Employee must present: passport, he alth passport.
- The doctor conducts a conversation for 30-40 minutes, asking specific questions.
- Unconventional and uncomfortable questions may be asked.
- A conclusion is issued against signature.
- The employer is informed of the date of the decision and issue of the certificate.
Note what signs during the examination may indicate mental abnormalities:
- Incoherent speech.
- There is no logic in the answers.
- Abstract thinking is very weakly expressed.
Employer's mistake may be that he accepts certificates of passing a psychiatric examination from a dispensary. Such a violation is subject to a fine. A medical report is different from a psychiatric one.
Differences
It is worth noting that the medical commission and the psychiatric examination have significant differences. Even if there is a psychiatrist on the medical board, this is not a psychiatric examination.
Let's highlight a few differences:
- Medical examination is carried out on the basis of the Order of the Ministry of He alth No. 302n dated 04.2011
- Psychiatric examination - on the basis of Government Decree No. 695 of 09.2002
- The medical board includes a psychiatrist, its composition is approved by the Department of the Ministry of He alth.
- The composition of the commission for a psychiatric examination is approved by the medical institution, regardless of the formenterprise property.
- The medical board reflects the presence or absence of medical contraindications to work.
- Psychiatric examination determines whether or not there are psychiatric contraindications.
- Medical examination must be done once a year.
- Pass a psychiatric examination every 5 years.
What if the person has a mental disorder?
Support for citizens
There is a Law "On psychiatric care and guarantees of the rights of citizens in its provision." It includes articles that regulate the provision and principles of assistance:
- St. 1. Assistance is guaranteed by the state. Its provision must respect all human and civil rights.
- St. 2. All relations are regulated by normative and legal documents.
- St. 3. The law is applicable to both citizens of the Russian Federation and foreign persons.
- St. 4. Assistance must be provided upon voluntary application of a citizen.
- St. 5. Persons with mental disorders have all the rights and freedoms of citizens, in accordance with the Constitution of the Russian Federation.
- St. 6. There are types of professional activities for which a person may be unsuitable due to a mental disorder.
- St. 7. When providing mental he alth care, a representative may be invited to protect the rights of the patient.
- St. 8. Prohibition of requiring mental he alth information.
- St. 9. Information about the mental he alth of the patient is a medical secret.
- St.10. Diagnosis and treatment of patients is carried out according to generally recognized international standards.
- St. 11. Consent to treatment is given in writing.
- St. 12. Refusal of treatment is certified by a signature.
- St. 13. Compulsory treatment is applied by court order.
- St. 14. Forensic psychiatric examination is carried out in accordance with the procedure established by law.
Based on the law, a person has the right to receive treatment. At the same time, he decides whether to transfer his personal data and information to third parties and enterprises or not.
Diagnosing is, first of all, an opportunity to undergo treatment. Also, some diseases require registration of disability. State support is provided in treatment, social assistance, and pensions. When applying for a job, a reduced working day, paid leave of 30 days and leave without pay of 60 days a year are possible.
