Do drivers need to undergo a post-trip medical examination?

Post-trip medical examination of drivers - changes 2017

The mandatory log of post-trip medical examination of drivers, sample 2017 is posted below, is compiled at the end of each shift in order to monitor the health of persons who have access to driving vehicles. What is the essence of such events? Who is appointed as the person responsible for their organization? In what order is the document filled out in 2017? Let's talk about all the nuances in more detail.

Post-trip medical examination - let’s figure out who is required to undergo it

Driving any type of transport requires increased attention, readiness for increased physical and psychological stress, and, as a result, good health. It is for these reasons that the legislation of the Russian Federation imposes enhanced requirements for monitoring the condition of the driver’s body, who is required to undergo various types of examinations, including preliminary, periodic, post- and pre-trip.

The main regulatory documents governing the performance of medical examinations for drivers:

1. Law on DD (road traffic) safety No. 196-FZ of December 10, 1995
2. Articles 212-213 of the Labor Code of the Russian Federation.
3. Order of the Ministry of Health of the Russian Federation No. 835n dated December 15, 2014, approving the Procedure for carrying out medical examinations for various purposes - pre-trip, pre-shift, post-trip, post-shift.

The organization of medical examinations for personnel compliance with the standard is carried out by the employing enterprise, and if the person being examined refuses to participate in such events, permission to work is closed. The procedure for conducting inspections is regulated by Law No. 196-FZ of December 10, 1995 with current amendments. According to paragraph 2 of Art. 23, a mandatory post-trip medical examination is carried out during the entire duration of the driver’s employment, regardless of his length of service, if the transportation activity involves the transportation of passengers or cargo recognized as dangerous.

In this case, the transportation of human passengers means the transportation of citizens other than the driver, including employees of the carrier organization. Thus, other drivers not involved in the transport of people or dangerous goods are not subject to such a requirement to perform regular post-trip inspections. Examination services are provided by special accredited medical institutions that have received a license for this type of activity. You must first enter into an agreement with a health care facility for medical examination services.

Note! In addition to the obligation to plan, organize implementation and subsequent control, the employer must pay employees for the days spent undergoing inspections in the amount of average earnings and according to the company’s remuneration system.

According to the clarifications of the Ministry of Health in Letter No. 2510/9468-03-32 dated August 21, 2003, medical examinations can be organized in various ways at the employer’s choice. This is the hiring of a medical worker under an employment contract to the staff of an enterprise. Or concluding a contract for services with a medical institution (be sure to attach a copy of the license to provide an economic justification for the company’s expenses). Or, according to clause 8 of Order No. 835n, the carrier can independently issue the appropriate OKVED code for performing inspections, obtain a permitting license and conduct examinations of drivers on their own (the presence of a medical unit on staff of the enterprise is also required).

What actions does a health worker perform during an examination of drivers:

1. Conducts anamnesis collection - collects data on current health, complaints and ailments, checks health status at the time of examination. To do this, blood pressure and body temperature are measured, a visual inspection of the appearance, skin, etc. is performed.
2. Particular attention is paid to measuring blood pressure. If the indicators are outside the normal range, the study is repeated: only a result obtained twice (with an intermediate interval of 20 minutes) can serve as a basis for refusal to go to work.
3. Signs of alcohol, drug and toxicological intoxication are revealed. If necessary, laboratory and/or instrumental diagnostics are used to measure the amount of alcohol exhaled by a person. If signs of intoxication are detected, and the result is negative, an additional urine test for the content of relevant substances is possible.

Based on the results obtained, the medical worker makes a conclusion about the presence/absence of contraindications and further admission/removal from work duties.

Important! The rule on the need to perform post-trip inspections also applies to entrepreneurs when driving their vehicles (clause 3 of Order No. 835n).

Post-trip medical examination of drivers - changes 2017

With the entry into force of Order No. 835n, a post-trip medical examination of drivers is mandatory, as before, in the case of driving a vehicle by certain categories of workers approved by the legislation of the Russian Federation. At the same time, participation in such a procedure is mandatory for all persons who independently operate cars, including individual entrepreneurs (clause 4 of Article 23 of Law 196-FZ). Regular medical examinations before a shift or trip are mandatory for all drivers, and systematic participation in examinations after a shift/trip is required only for citizens transporting people (dangerous goods).

The ultimate goal of medical measures has been finally determined - to establish the fact of intoxication or illness, which serves as a basis for removing the employee from work. The health worker’s algorithm of actions during the examination has not changed. But only a medical worker with a higher education has the right to remove a driver from work if contraindications are identified. If the level of education corresponds to secondary vocational, such a specialist must refer the patient to a medical institution, where the issue of providing assistance is resolved and a conclusion is drawn up assessing the driver’s condition (clause 13 of Order 835n).

Journal of post-trip medical examination of drivers - sample

The results obtained are entered into the driver's post-trip medical examination log - you can download the form here. This document is mandatory (clause 14 of Order 835n) and is drawn up in paper or electronic format. If the register is kept the old fashioned way “on paper”, all pages must be bound and numbered, followed by certification with the company’s seal and the signature of the manager. If a document is generated electronically, it must be certified using an electronic digital signature.

What kind of data is reflected in the log? This is information about the place and time of the inspection; Full name, gender, date of birth of the patient; results of surveys and studies; final conclusion; signatures of the responsible health worker and the patient worker. Upon successful completion of the post-trip inspection, a corresponding mark is made on the waybill, indicating permission to work. If permission is denied, the driver receives a certificate to go to a medical facility.

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

Post-trip medical examination for drivers - new law 2019?

Constant monitoring of the health of workers involved in the transportation of passengers and dangerous goods is the responsibility of the organization’s management. For this purpose, regular medical examinations are carried out. We'll tell you how to organize a post-trip medical examination for drivers, and what innovations are expected in 2019.

From the article you will learn:

Who is required to undergo a post-trip medical examination?

All drivers who transport dangerous goods or people during their shift must undergo a post-trip medical examination. This is the responsibility of the employer and is carried out at his expense; it is illegal to force employees to pay for this service (clause 5 of Law No. 196-FZ).

Download documents from the article:

Previously, the list of dangerous goods was regulated by the Rules for the Transportation of Dangerous Goods by Road (Appendix No. 7.3). But they were cancelled. Currently, the rules for the classification and transportation of dangerous goods are established by the European Agreement on the International Carriage of Dangerous Goods by Road (ADR) and the Decree of the Government of the Russian Federation of April 15, 2011 No. 272 ​​(as amended on December 12, 2017, as amended on March 16, 2018) “On approval of the Rules transportation of goods by road."

With passenger transportation, not everything is clear either. It is clear that bus drivers, for example, who transport people throughout their entire shift, must undergo post-trip inspections. What if we are talking about the director’s driver, for example? He does not work under a contract of carriage, these are the terms of his employment contract.

We will find the answer in court decisions on this issue (for example, the resolution of the FAS Volga-Vyatka District dated 06/03/2008 in case No. A82-9455/2007–29, the FAS Volga District dated 01/15/2010 in case No. A72-4961/2009). They are clear: a post-trip inspection is necessary. It does not matter that transportation is carried out for official purposes, and not for the movement of citizens. Similarly, an individual entrepreneur who drives his own car must undergo a medical examination (Clause 4, Article 23 of Law No. 196-FZ).

Procedure for conducting a post-trip medical examination

A post-trip inspection is similar to the one performed before the start of a work shift, but there are some differences.

A doctor examining a driver after a work shift has two main goals:

Firstly, it is monitoring the employee’s health. It is important to notice the onset of an occupational disease or poisoning in time and to determine the influence of harmful and dangerous factors. To do this, the doctor asks about the employee’s general well-being, looks at the condition of the skin, gait, assesses blood pressure, measures pulse and body temperature.

Secondly, post-trip inspections make it possible to identify employees who use alcohol or other psychoactive substances while working. If a doctor suspects alcohol, drug or toxic intoxication, he has the right to test urine and exhaled air. In the event that the driver refuses to undergo examination or the results of the examination confirm the doctor’s fears, a special report is drawn up.

What you need to know about periodic medical examinations for drivers

What types of medical examinations must vehicle drivers undergo? How to properly prepare documents and keep records of medical examinations? What organizations can conduct medical examinations? This article answers all questions regarding medical examinations of drivers.

Medical examination of drivers is a mandatory procedure established by law. This category of work is associated with increased danger to life and health. Drivers are responsible not only for their own safety, but also for their passengers and other road users.

Legal regulation of medical examinations of drivers

General provisions on medical examinations of drivers are established by the Labor Code:

1. Art. 213 of the Labor Code of the Russian Federation requires preliminary medical examinations of workers engaged in dangerous and harmful work, as well as those whose activities are related to traffic. For certain categories of workers, medical examinations are required at the beginning or end of a work shift (pre-trip medical examinations). It also contains requirements for conducting a psychiatric examination for certain categories of workers.
2. Art. 328 of the Labor Code of the Russian Federation regulates the procedure for hiring employees associated with the movement of vehicles. The second paragraph specifies the requirement to conduct a medical examination of workers directly related to traffic.
3. Clause 4 art. 23 of Law 196-FZ establishes a requirement to undergo a medical examination for entrepreneurs. If an individual entrepreneur plans to independently drive a car that will carry out transportation, he is required to undergo medical examinations according to the established schedule, just like hired employees.
4. Art. 23 of Law 196-FZ determines the procedure, requirements and frequency of medical examinations for drivers, including extraordinary examinations. If signs of diseases or conditions are identified that serve as medical contraindications for driving, an extraordinary medical examination is required.
5. Order of the Ministry of Health of the Russian Federation No. 302n establishes a list of works for which preliminary and periodic medical examinations are required. It also includes the work of drivers of cars and buses (ground vehicles). Clause 48 of Appendix No. 3 to the order contains a list of contraindications for driving vehicles. The list of functional and laboratory tests required during the medical examination of drivers is reflected in Appendix No. 2.
6. Order No. 835n of the Ministry of Health of the Russian Federation established a new procedure for conducting pre-trip medical examinations of drivers. From May 1, 2015, the driver’s waybill must contain a note indicating that the driver is approved to work as a medical professional.

Types of periodic medical examinations of vehicle drivers

All types of medical examinations for drivers are divided into several categories:

1. An initial medical examination upon employment is a mandatory procedure when applying for a job for any driver. A medical examination is needed to confirm physical and mental health and the absence of contraindications for driving a vehicle.
2. Periodic medical examination is a regular check of the health status of drivers. Conducted once every two years. If more than 2 years have passed since the last medical examination, the driver cannot be allowed to work.
3. Pre-trip inspection is a mandatory examination of drivers, which is carried out immediately before the start of the working day or departure.
4. Post-trip inspection is not required for all categories of drivers, but only for those transporting dangerous goods and passengers.
5. Unscheduled medical examinations - unscheduled examinations of drivers are carried out if indicated or at the initiative of the employee himself. A referral for an extraordinary medical examination is issued by the employer.

The answer to the question of how often drivers should undergo a medical examination to avoid controversial situations is simple:

• every driver is required to undergo a commission at least once every 2 years;
• a medical examination must be passed when applying for a job related to driving a vehicle, regardless of the type of transportation and the nature of the work;
• pre-trip inspections are mandatory for drivers who go to work daily or on shifts;
• post-trip inspections are established for certain categories of drivers.

How are preliminary and periodic medical examinations of drivers completed?

Preliminary and periodic medical examinations for drivers must be carried out in a medical institution licensed for this type of service.

To undergo a medical examination, the driver is given a direction against signature, which indicates:

• name of the organization or individual entrepreneur;
• form of ownership and OKVED code;
• name of the medical institution, actual address and OGRN;
• type of medical examination (primary, periodic or extraordinary);
• Full name and date of birth of the employee;
• name of the structural unit;
• position, type of work, length of service;
• harmful or dangerous work factors.

The document is signed by the head of the organization or the responsible person. Information about the referral for a medical examination is entered into a special journal. When visiting a medical facility, you need a referral and a passport. The medical examination includes laboratory and instrumental studies, a psychiatric examination and a general examination by key specialists.

At the end of the examination, the medical organization draws up a conclusion based on the results of all studies in two copies. One copy is given to the driver for delivery to the employer, the second is attached to the employee’s outpatient card and stored in the clinic.

The employer is obliged to keep logs of medical examinations of drivers - periodic, pre-trip, post-trip examinations. Responsibility for maintaining logs rests with the occupational safety engineer or person responsible for safety precautions. Drivers must be sent for periodic medical examination no later than 2 months before the end of the two-year period after the previous examination.

Is it necessary to conduct pre-trip and post-trip medical examinations of drivers?

8-800-775-09-71 Free in Russia!

• 18.04.2019
• Published by: expert123.ru
• Category: Road safety (road safety)

Road safety training QUESTION: Is it necessary to conduct pre-trip and post-trip medical examinations of drivers if the organization does not provide transport services, but operates cars for management needs?

ANSWER: Pre-trip medical examinations are necessary, but post-trip medical examinations are not. Organizations whose activities are related to the operation of vehicles are required to organize and conduct mandatory medical examinations of drivers. Mandatory medical examinations of drivers include mandatory preliminary, periodic (at least once every two years), pre-trip and post-trip medical examinations (clause 1 of article 20, paragraph 5 of clause 1 of article 23 of the Law of December 10, 1995 No. 196-FZ ).

At the same time, the organization is obliged to conduct mandatory pre-trip medical examinations during the entire time the employee works as a driver (except for drivers who drive vehicles traveling on calls from emergency services). Mandatory post-trip medical examinations must be carried out during the entire time an employee works as a driver, but only if his work involves the transportation of passengers or dangerous goods. This is stated in paragraph 3 of Article 23 of the Law of December 10, 1995 No. 196-FZ.

Thus, since the use of the car for administrative needs is not associated with the transportation of passengers and dangerous goods, post-trip medical examinations of drivers are not carried out.

The procedure for conducting pre-shift, pre-trip and post-shift, post-trip medical examinations was approved by Order of the Ministry of Health dated December 15, 2014 No. 835n.
Administrative liability is provided for hiring employees who have not undergone a mandatory medical examination, as well as for violating the procedure for conducting mandatory examinations of drivers.

Please note: as a general rule, it is mandatory to conduct pre-trip medical examinations only for employees who work as drivers. However, if an employee is not a driver by title, but in fact his work involves constant travel in a company car, he is required to undergo pre-trip medical examinations. For example, these are couriers who deliver in a company car, or managers whose work involves constant travel (Clause 3, Article 23 of Law No. 196-FZ dated December 10, 1995, Article 213 of the Labor Code, Supreme Court ruling dated December 19, 2016 No. 18-AD16-173).

If an employee who is not a driver by position periodically uses personal transport for the needs of the organization, he is not required to undergo pre-trip medical examinations. However, for safety reasons, such medical examinations can be carried out by agreement with the employee. In addition, an additional agreement can be concluded with such an employee, according to which additional responsibilities of the driver can be assigned to him. In the same additional agreement, state the obligation to undergo medical examinations.

POST-TRIP INSPECTIONS OF VEHICLE DRIVERS - A RIGHT OR AN OBLIGATION?

Summary. Ensuring road safety is one of the state's priorities. Medical workers play an important role in solving this problem. They are responsible for allowing citizens to drive vehicles. One of the forms of such admission is conducting pre-trip and post-trip medical examinations of drivers. However, post-trip medical examinations of vehicle drivers are not always carried out, and the reason for this is the insufficient regulation of this issue at the legislative level. The article examines the problem of post-trip medical examinations of vehicle drivers and substantiates the need for their mandatory implementation.

Medical examination of vehicle drivers is one of the most important measures aimed at ensuring road safety. Current legislation provides for three types of medical examinations of vehicle drivers: pre-trip, post-trip and current (Article 23 of the Federal Law “On Road Traffic Safety” N 169-FZ).

However, in Art. 20 of the Federal Law “On Road Safety” states that only pre-trip medical examinations are mandatory for vehicle drivers.

In this regard, in the practical activities of both healthcare institutions and legal entities and individual entrepreneurs whose activities are related to the operation of vehicles, questions arise regarding the conduct of post-trip medical examinations of drivers.

In particular, the pressing question is whether post-trip medical examinations of drivers should still be carried out or not. To answer it, it is necessary to analyze the current legislation and give a legal assessment of existing points of view.

Post-trip medical examination as a licensed type of medical activity was first introduced by Decree of the Government of the Russian Federation of January 22, 2007 N 30. This resolution approved the Regulations on licensing of medical activities that are still in force (hereinafter referred to as the new Regulations).

At the same time, in the List of Works (Services) when Carrying out Medical Activities, which is an annex to the new Regulations, it is indicated along with a pre-trip medical examination.

For this reason, obtaining a license to conduct only a pre-trip medical examination or only a post-trip medical examination is not possible. Therefore, these two types of medical examination should be considered as one whole, i.e. as one medical service.

Accordingly, the subject of contracts between health care institutions and organizations and individual entrepreneurs whose activities are related to the operation of vehicles should simultaneously include pre-trip and post-trip medical examinations.

The obligatory nature of both pre-trip and post-trip medical examinations is confirmed by Order No. 152 of the Ministry of Transport of Russia dated September 18, 2008, which approved the “Mandatory details and procedure for filling out waybills.”

According to clause 7 of the “Required details and procedure for filling out waybills,” the waybill must indicate the date and time of the driver’s pre-trip and post-trip medical examinations. This requirement applies to all legal entities and individual entrepreneurs operating cars, trucks, buses, trolleybuses and trams without exception.

In accordance with clause 2 of the “Required details and procedure for filling out waybills,” this procedure for filling out waybills must be used by all legal entities and individual entrepreneurs operating cars, trucks, buses, trolleybuses and trams.

It follows from this that in order to comply with the established procedure for filling out waybills, all legal entities and individual entrepreneurs operating cars, trucks, buses, trolleybuses and trams are required to organize both pre-trip and post-trip medical examinations for drivers.

Meanwhile, the letter of the Ministry of Health of the Russian Federation dated August 21, 2003 N 2510/9468-03-32 “On pre-trip medical examinations of vehicle drivers” speaks of the need for mandatory conduct of only pre-trip medical examinations.

Appendix to this letter are the Methodological Recommendations “On the organization of pre-trip medical examinations of vehicle drivers”, approved by the Ministry of Health of the Russian Federation together with the Ministry of Transport of the Russian Federation.

According to the Methodological Recommendations, current and post-trip inspections are carried out only for drivers from the so-called “risk group”; the procedure for conducting such inspections is established by the heads of organizations.

Please note that the letter is not a normative act and therefore has no binding force. The methodological recommendations are not approved by regulations (orders, resolutions), therefore they are also not binding.

It should be noted that the Methodological Recommendations were developed by the Ministry of Health of the Russian Federation and the Ministry of Transport of the Russian Federation in accordance with the Regulations on licensing of medical activities that were in force until 2007, approved by Decree of the Government of the Russian Federation dated July 4, 2002 N 499 (hereinafter referred to as the old Regulations). The old Regulations did not approve the List of works (services) in the implementation of medical activities, and licensed types of medical activities were determined in accordance with the Nomenclature of works and services for the provision of relevant medical activities, approved by Order of the Ministry of Health of the Russian Federation dated July 26, 2002 N 238 “On the organization of licensing of medical activities "

This nomenclature included work and services for pre-trip medical examinations of vehicle drivers (06.034). Work and services for post-voyage medical examinations were not provided for in the nomenclature.

The Appendix to the Regulations on Licensing of Medical Activities, which was in force from May 21, 2001 to July 4, 2002, also provided for only pre-trip medical examinations of vehicle drivers.

The Regulations on licensing of medical activities that were in force until 2001 (Resolution of the Government of the Russian Federation of March 25, 1996 N 350) provided that the list of types of medical activities subject to licensing was approved by the Ministry of Health and Medical Industry of the Russian Federation.

Order of the Ministry of Health and Medical Industry of the Russian Federation dated July 1, 1996 N 270 approved a temporary list of types of medical activities subject to licensing. This list included a professional suitability examination, incl. driver's health condition. There were no pre-trip and post-trip medical examinations as licensed types of medical activities.

Thus, until 2007 (before the approval of the new Regulations on licensing of medical activities), pre-trip medical examination of vehicle drivers existed as an independent, separate service.

For this reason, in 2003, the Ministry of Health of the Russian Federation and the Ministry of Transport of the Russian Federation developed recommendations only for a pre-trip medical examination, which is mandatory for all drivers without exception, and established that post-trip examinations are carried out only for drivers from the “risk group”.

However, even then, post-trip medical examinations were mandatory for one category of drivers - bus drivers. According to the Regulations on ensuring the safety of passenger transportation by buses, approved by Order of the Ministry of Transport of the Russian Federation dated January 8, 1997 N 2, bus drivers are subject to both pre-trip and post-trip medical examinations.

The authors of the Methodological Recommendations should have taken this into account, since the document they developed regarding bus drivers turned out to contradict the regulatory act-order of the Ministry of Transport of the Russian Federation.

When developing Methodological Recommendations, the Ministry of Health of the Russian Federation and the Ministry of Transport of the Russian Federation also relied on the Federal Law “On Road Traffic Safety” (hereinafter referred to as the Law). Art. 20 of the Law provides for the obligation of legal entities and individual entrepreneurs carrying out activities related to the operation of vehicles on the territory of the Russian Federation to organize and conduct pre-trip medical examinations of drivers with the involvement of healthcare workers.

Meanwhile, in Art. 23 of the Law states that medical support for road safety consists of mandatory medical examination and re-examination of driver candidates and vehicle drivers, pre-trip, post-trip and ongoing medical examinations of vehicle drivers, etc.

This contradiction gave rise to controversy regarding the mandatory post-trip inspections of all categories of drivers.

A systematic interpretation of the regulations listed above allows us to draw the following conclusions.

From a comparison of the provisions of Art. 20 and 23 of the Law it follows that the procedure for conducting current and post-trip medical examinations must be determined in accordance with by-laws. In particular, in relation to bus drivers, it was determined by order of the Ministry of Transport of Russia dated January 8, 1997 No. 2.

Letter of the Ministry of Health of the Russian Federation dated 08/21/2003 N 2510/9468-03-32 “On pre-trip medical examinations of vehicle drivers” and the appendix to it - Methodological recommendations “On the organization of pre-trip medical examinations of vehicle drivers” are not normative acts and cannot establish a mandatory procedure for conducting current and post-trip medical examinations, especially taking into account the new Regulations on licensing of medical activities and the “Mandatory details and procedure for filling out waybills”, approved by Order of the Ministry of Transport of Russia dated September 18, 2008 N 152.

An analysis of the last two documents, which are regulatory acts, indicates that pre-trip and post-trip medical examinations of drivers constitute one medical service that must be performed for all vehicle drivers.

Thus, at present, legal entities and individual entrepreneurs carrying out activities related to the operation of vehicles on the territory of the Russian Federation are required to organize and conduct, with the involvement of healthcare workers, both pre-trip and post-trip medical examinations of vehicle drivers.

Another point of view is based on a literal interpretation of Art. 20 of the Federal Law “On Road Safety” - only a pre-trip medical examination of vehicle drivers is mandatory.

As for the order of the Ministry of Transport of Russia, it, according to supporters of the “optional” post-trip medical examination, contradicts the norms of the Federal Law “On Road Safety” in terms of the mandatory indication of the date, and therefore, the conduct of a post-trip medical examination.

Proponents of the “optionality” of conducting post-trip medical examinations intend to use these arguments as the basis for an application to challenge Order No. 152 of the Ministry of Transport of Russia dated September 18, 2008. Consideration of such an application is within the jurisdiction of the Supreme Court of the Russian Federation, and, perhaps, the final point in the dispute that has arisen will be put by the highest court of the country.

For now, the question of which opinion should be considered true remains open.

However, it seems obvious and indisputable that conducting pre-trip inspections without subsequent post-trip inspections is to a certain extent pointless. After passing the pre-trip inspection, the driver, knowing that there is no post-trip control, can drink alcohol and continue driving the vehicle.

The results of a post-trip inspection may become grounds for dismissal of the driver, and this is a deterrent to the driver’s desire to drink alcohol during working hours and thereby create a threat to road safety.

Post-trip medical examination is aimed at strengthening the labor discipline of vehicle drivers and, as a result, ensuring road safety. This approach to the problem raised is justified and is fully consistent with Art. 23 of the Federal Law “On Road Safety”.

However, in order to avoid further disputes regarding the conduct of post-trip medical examinations, we believe that Art. 20 of the Federal Law “On Road Safety” must be supplemented with the obligation of legal entities and individual entrepreneurs carrying out activities related to the operation of vehicles on the territory of the Russian Federation to organize and conduct, with the involvement of healthcare workers, not only pre-trip, but also post-trip medical examinations of drivers.