Inspections by workers carrying out. Inspection with sources of increased danger. We conduct psychiatric examinations correctly. What happens if the Order is violated?

Mandatory psychiatric examination (MPE) in Moscow is carried out in authorized state budgetary health care institutions in accordance with Order of the Head of the Moscow Department of Health Care dated September 18, 2008 N 705. Therefore, the courts are also guided by this procedure and refer for a psychiatric examination to specially authorized state health care institutions.
Here is a brief summary of information about psychiatric examinations of workers:
Ø According to Art. 76 and 213 of the Labor Code of the Russian Federation, Article 6 of the Law of the Russian Federation of July 2, 1992 No. 3185-1 “On psychiatric care and guarantees of the rights of citizens in its provision”, workers carrying out certain types of activities, including those related to sources of increased danger (with the influence harmful substances and unfavorable production factors) as well as those working in conditions of increased danger are subject to mandatory psychiatric examination (PPE).
Ø The purpose of a psychiatric examination is to determine the suitability of an employee for mental health reasons to carry out certain types of activities, as well as to work in conditions of increased danger.
Ø In accordance with Art. 212 of the Labor Code of the Russian Federation, in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, mandatory psychiatric examinations of employees (PPE) are carried out at the employer’s own expense.
Ø The examination is carried out on a voluntary basis, in accordance with Articles 4 and 6 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.”
Ø Mandatory psychiatric examination is carried out in accordance with 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 in its provision.” The rules for conducting mandatory psychiatric examination are approved by the Decree of the Government of the Russian Federation Federation dated September 23, 2002 No. 695 “On 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.”
Mandatory psychiatric examination of workers in Moscow:
1. In the city of Moscow there is a system of medical care on a territorial basis; accordingly, the employer directs each employee to undergo a psychiatric examination at the Psychoneurological Dispensary at the place of his registration. However, an option is possible in which the employer enters into an agreement to conduct a psychiatric examination of its employees with one medical organization (licensed for this type of activity) and sends all its employees directly to this organization, regardless of the employee’s place of registration.
2. If the Employer enters into an agreement with the organization, then after the conclusion, the employee with a formalized referral (most often in the form of an appendix to Order No. 705 of the Department of Health) and a passport comes to the dispensary and undergoes a psychiatric examination procedure by a medical commission consisting of 3 psychiatrists. Based on the results of the examination, the examined person is issued a certificate - a decision of the medical psychiatric commission, as well as a message from the medical commission to the Employer.
3. In Moscow dispensaries this service is paid, because it is not included in the Territorial program for providing medical care to the population of Moscow for 2016-2017. If an employee is sent by the Employer to independently undergo a psycho-test at the place of his registration, then an agreement is concluded with him at the dispensary, a fee is charged, a report and a receipt are issued, which the employee then presents to the accounting department of his organization for reimbursement. If an employee undergoes an examination on the basis of an agreement concluded between the Employer and a medical organization, then the Employer pays for the employee upon the provision of services in accordance with the terms of the agreement.

According to Government Decree No. 695 “On 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 with Decree of the Government of the Russian Federation of April 28, 1993 No. 377 employees performing certain types of activities must undergo a mandatory psychiatric examination (MPE).

GPO is the main part of any medical examination (preliminary, extraordinary, periodic). Most often, OPO is required for workers who come into daily contact with substances harmful to health, or for those who are exposed to unfavorable production factors and operate in high-risk conditions.

For the convenience and improvement of the quality of service to its clients, MC "Baltiysky" received a license to carry out OPO for employees engaged in certain types of work. Our center has a full staff of specialists and all the necessary equipment to carry out public safety training.

When might an OPO be required?

Referring to the Labor Code of the Russian Federation, the employer does not have the right to admit an employee to his work activities who has not passed the mandatory medical examination. Moreover, he is obliged to suspend him from activity until the completion of the medical examination. The OPO procedure is aimed at identifying (eliminating) deviations in the mental health of an employee that may negatively affect his professional activity. Fatigue, excessive excitability, loss of control over your behavior, inability to make the right decision in difficult situations, serious mental disorders - all these factors contribute to the risk of harming the health of others.

How is OPO carried out?

A mandatory medical examination is carried out before a preliminary (upon hiring) or before a periodic (every five years) medical examination at the expense of the employer’s own funds and is carried out only by a highly qualified medical psychiatric commission. The medical commission consists of three or more highly qualified psychiatrists.

For OPO, the employee must present a corresponding referral issued directly by the employer. In the direction, the employer must indicate the field of activity in which a particular employee is engaged and his working conditions, which are indicated in the List. In addition, the employee must present a passport or any other document that proves his identity.

The OPO is carried out within 20 days after the employee contacts the psychiatric commission. If necessary, the commission of psychiatrists may request additional information from various medical institutions about the health of a particular employee, and the employee is notified about this in advance. The decision will be made within ten days from the receipt of the requested information.

Conclusion on OPO

The conclusion of the PPO is based on the decision made by the commission by voting. The conclusion of the OPO states the suitability or unsuitability of a particular employee to perform his/her duties in those types of activities that were specified by the employer in the direction.

The conclusion is drawn up in writing and issued directly to the employee. He confirms receipt with his own signature. During the same period, the commission notifies the employer of the decision of the OPO, where it indicates the date of the conclusion and issuance of it to the employee.

Refusal to undergo a general educational program

If an employee refuses to undergo a general education training, the employer suspends him from work without pay. The refusal is documented. If an employee disagrees with the commission’s conclusion, he has the right to appeal it in court.

MC "Baltiysky" has a license to conduct public health activities, a staff of necessary specialists, as well as the latest equipment for providing such services. The medical commission for conducting OPO is registered with the Local Administration of the municipal formation of the Admiralteysky District of St. Petersburg.

“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 contract 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 BY 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)

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)
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. 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).
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.”
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.
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.
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.
When undergoing an examination, an employee can receive clarification on issues related to his examination.
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.
If the employee disagrees with the commission’s decision, it can be appealed in court.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT 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:

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.
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)

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

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).
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.”
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.
The employee's examination is carried out by a medical commission created by the healthcare management body (hereinafter referred to as the commission).
An employee’s examination is carried out at least once every 5 years.
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.

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.

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

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. An employee examination, 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.

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What determines the procedure for a psychiatric examination?

One of the main responsibilities of the employer in the field of labor protection is the organization of both mandatory preliminary and periodic medical examinations (hereinafter referred to as PMO) and mandatory psychiatric examinations of employees (hereinafter referred to as OPO) (Article 212 of the Labor Code of the Russian Federation).

An analysis of requests received by various government authorities, as well as experience in communicating with various interested specialists, shows that at the moment there is a significant gap both on the part of occupational safety specialists and on the part of medical organizations in understanding the current system of organizing and conducting public safety training.

The main regulatory documents that determine the procedure for organizing and conducting public education are:

— Labor Code (Article 213 of the Labor Code of the Russian Federation);
— Decree of the Government of the Russian Federation of April 28, 1993 No. 377 “On the implementation of the law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens during its provision””;
— Decree of the Government of the Russian Federation dated September 23, 2002 No. 695 “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 conditions of increased danger."

Which employees should undergo a psychiatric examination?

Employees must undergo mandatory psychiatric examination:

— whose activities are associated with sources of increased danger (there is the influence of harmful substances and unfavorable production factors);
— who work in conditions of increased danger;
engaged in certain types of activities (part six of Article 213 of the Labor Code of the Russian Federation).

Warns
Maxim TERESHKOV, head of the legal department of IH "FINAM" (Moscow)
If an employer accepted a certificate from an employee stating that he is not registered at a psychiatric dispensary, and on its basis did not send the employee for a mandatory psychiatric examination, then such an employer may be punished by the labor inspectorate. The fine for admission to work without undergoing a mandatory medical examination or psychiatric examination for an organization ranges from 110,000 to 130,000 rubles, and for entrepreneurs and heads of organizations - from 15,000 to 25,000 rubles (Part 3 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation) .
The list of individual types of activities (harmful production factors and types of work), the scope of examination and medical psychiatric contraindications are established by Decree of the Government of the Russian Federation dated April 28, 1993 No. 377. Analysis of the document shows its significant similarity with the lists of factors and work approved by the order of the Ministry of Health and Social Development of Russia dated 12 April 2011 No. 302n. Thus, in the vast majority of cases where an employee must undergo a PME, he will also have to undergo a PPE.

How does a psychiatric examination differ from a medical examination?

In practice, unfortunately, very often and unreasonably, the conduct of a general medical education is confused with an examination by a psychiatrist within the framework of a primary medical education. In order to avoid mistakes in organizing hazardous production facilities and correctly comply with current labor protection requirements, the employer should understand that:

Psychiatric examination and medical examination are independent and independent types of medical examination of workers.
OPO and PMO are carried out on the basis of different documents: the basis for OPO is the Decree of the Government of the Russian Federation of September 23, 2002 No. 695, and for PMO - the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.
OPO and PME are carried out by different medical commissions. The general public health assessment is carried out by a medical psychiatric commission created by the health care authority (that is, only state and municipal medical organizations have the right to conduct it). PMO - a medical commission for preliminary and periodic medical examinations of medical organizations of any form of ownership.
Based on the results of the OPO and PMO, the employee receives two different independent medical reports: in the first case, a medical report on the presence (absence) of medical psychiatric contraindications established by Decree of the Government of the Russian Federation of April 28, 1993 No. 377 (hereinafter referred to as Decree of the Government of the Russian Federation No. 377), in the second - about the presence (absence) of medical contraindications, defined by paragraph 48 of Appendix No. 3 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

How to organize a psychiatric examination

An examination by a psychiatrist as part of the PMO does not cancel the employer’s obligation to organize a PMO. An employee must undergo HPO if his work contains harmful factors or types of work specified in the list of the Government of the Russian Federation No. 377. This provision was also confirmed by the decision of the Supreme Court of the Russian Federation dated December 18, 2012 No. AKPI12-1363.

When organizing a mandatory psychiatric examination, it should be taken into account that the employer:

— when hiring, independently, based on working conditions, determines the need to organize vocational training for the future employee and subsequently monitors the completion of re-examinations at least once every five years;
— determines in which medical organization the employee (future employee) will undergo OPO, and enters into an agreement with this medical organization;
— issues the employee (future employee) a referral to an OPO, which must indicate the items in the list of Decree of the Government of the Russian Federation No. 377, in respect of which the employee is required to undergo an OPO;
— allows an employee to perform official duties only if there is a conclusion based on the results of the general educational training about the absence of medical psychiatric contraindications to those production factors and types of work that were indicated by the employer in the direction;
- sends for PMO only if there is a valid conclusion based on the results of the PMO (clause 9 of Appendix No. 3 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n).
The algorithm for making a decision to conduct a psychiatric examination is shown in the diagram.

Based on the results of the general assessment, the medical psychiatric commission issues a medical report to the employee against signature and sends a message to the employer about the date the commission made the decision and the date the report was issued to the employee.

What violations do employers commit when organizing a psychiatric examination?

The results of expert work show that employers often, instead of a conclusion based on the results of a mandatory professional assessment, accept a certificate from a psychiatric dispensary from an employee stating that he is not registered as a psychiatric patient. This approach is unacceptable and is a violation of labor protection requirements by the employer.

Another classic violation of an employee’s rights is the imposition of responsibilities on him to find a medical organization to conduct a public health education and to pay for the examination. This is most often typical for those organizations that do not have concluded agreements to conduct public benefit activities. In this case, the employee has the right to demand reimbursement from the employer of the funds spent on public health benefits. In this case, the result of the examination does not matter. If the employer refuses to compensate the expenses, the employee can appeal to Rostrud or the court.

Often, employers send employees to a psychiatric dispensary at their place of residence for special education, believing that it can only be carried out there. However, as follows from Articles 212 and 213 of the Labor Code and Decree of the Government of the Russian Federation of September 23, 2002 No. 695, it is the employer who chooses the medical organization in which the OPO will be carried out and points it in the direction. If the medical psychiatric commission requires additional documents, including from the mental health clinic at your place of residence, it will request them independently.

It is important to note that if an employee (future employee) needs to undergo an educational training, he should require the employer to formalize and issue a referral. Without it, the medical organization will refuse to conduct a public health training, and the employer will not have the obligation to reimburse the employee’s financial expenses.

Answers to your questions

Is it possible to hire a driver with a certificate without a preliminary medical examination?

Is admission to an institution for the vacancy “Vehicle Driver” on the basis of a medical certificate for obtaining a driver’s license without a referral for a preliminary medical examination by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n?
Natalia MISHINA (Khabarovsk)

No, it is not allowed. A medical certificate for obtaining a driver’s license does not replace the conclusion of a medical commission, which is drawn up based on the results of a mandatory preliminary medical examination (clause 12 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)).

Which hospital should I go to for a psychiatric examination?

We send our employees for preliminary and periodic medical examinations to one of the clinics with which we have an agreement. Where to send for a psychiatric examination - to the same clinic or another? And is it necessary to conclude the contract again?
Maria VESHKINA (Murmansk)

You can send to the same clinic if they have the appropriate specialists and are licensed to conduct a psychiatric examination. But you will have to conclude a separate agreement or draw up an additional agreement to the existing one.

The most necessary regulations:

Remember the main thing:
1 Mandatory psychiatric examination is a separate and independent type of examination of workers.

2 Psychiatric examination is carried out at the direction and expense of the employer, regardless of the result.

3 The examination is carried out by medical psychiatric commissions of medical organizations of the state and municipal health care systems only if there is a referral from the employer.

4 The medical organization in which the examination will be carried out is determined by the employer.

5 The employer is obliged to reimburse the employee in full for the money spent on the examination.

6 The medical psychiatric commission, if necessary, independently requests additional information from medical organizations, of which the employee is informed.

7 The presence of a valid conclusion based on the results of the examination is a necessary condition for the majority of workers to undergo preliminary and periodic medical examinations by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

Andrey KRETOV, expert occupational pathologist of the Center for Occupational Pathology of the Federal State Budgetary Institution State Scientific Center FMBC named after. A.I. Burnazyan FMBA of Russia, secretary of the specialized commission on occupational pathology of the FMBA of Russia and the Ministry of Health of Russia (Moscow)

A separate type of medical examination is a psychiatric examination. It is prescribed to determine the suitability of an employee for mental health reasons to perform certain types of work and is carried out at least once every 5 years.

General medical psychiatric contraindications for these works are chronic and protracted mental disorders with severe persistent or often exacerbating painful manifestations, epilepsy with paroxysmal disorders. Severe forms of borderline mental disorders are considered in each case individually.

The list of types of activities and work for which an employee is required to undergo a psychiatric examination is defined in Decree of the Government of the Russian Federation of April 28, 1993 No. 377 “On the implementation of the Law of the Russian Federation “On Psychiatric Care and Guarantees of the Rights of Citizens in its Provision.”

Psychiatric 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 the Decree of the Government of the Russian Federation. Federation dated September 23, 2002 No. 695 (hereinafter referred to as the Rules).

These Rules determine the procedure 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 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 Resolution of the Council of Ministers - Government of the Russian Federation of April 28, 1993 No. 377 “On the implementation of the Law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens during its provision.”

According to the Rules, a psychiatric examination of an employee is carried out on a voluntary basis, taking into account the standards established by the 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” (hereinafter referred to as Law No. 3185-1).

In accordance with Article 23 of Law No. 3185-1, a psychiatric examination is carried out to determine whether the person being examined suffers from a mental disorder, whether he needs psychiatric help, and also to decide on the type of such help.

A psychiatric examination is carried out with the informed voluntary consent of the person being examined to conduct it. A psychiatric examination of a minor under the age of fifteen years or a drug-addicted minor under the age of sixteen years is carried out with the informed voluntary consent of one of the parents or another legal representative, and in relation to a person recognized as legally incompetent, if such person due to his condition is not able to give informed voluntary consent, - in the presence of informed voluntary consent to conduct a psychiatric examination of the legal representative of such a person. If one of the parents objects or in the absence of parents or other legal representative, a psychiatric examination of a minor is carried out by decision of the guardianship and trusteeship authority, which can be appealed to the court. The legal representative of a person recognized as legally incompetent shall notify the guardianship and trusteeship authority at the place of residence of the ward about giving informed voluntary consent to conduct a psychiatric examination of the ward no later than the day following the day of giving said consent.

Paragraph 4 of this article provides that a psychiatric examination of a person can be carried out without his consent or without the consent of his legal representative in cases where, according to available data, the person being examined commits actions that give reason to assume that he has a severe mental disorder, which causes:

a) his immediate danger to himself or others, or

b) his helplessness, that is, his inability to independently satisfy the basic needs of life, or

c) significant harm to his health due to a deterioration in his mental state if the person is left without psychiatric help.

Article 23 of Law No. 3185-1 does not provide for a mandatory psychiatric examination to determine the employee’s suitability for the assigned work.

Employees carrying out certain types of activities, including those 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, undergo a mandatory psychiatric examination at least once every five years in the manner established by the authorized The Government of the Russian Federation is a federal executive body (Article 213 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation)).

The employer refers the employee for a psychiatric examination.

To do this, the employee is given a direction indicating the type of activity and working conditions of the employee.

With this referral and a passport (another identification document replacing a passport), the employee comes to a medical institution, where a medical commission created by the health authority conducts a psychiatric examination.

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 medical commission makes its decision within 10 days after receiving additional information.

The decision is made 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 decision in written form 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.

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

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

As follows from the content of paragraph 3 of part 1 of Article 76 of the Labor Code of the Russian Federation, the employer is obliged to suspend from work an employee who has not undergone a mandatory medical examination (examination) in the prescribed manner, as well as a mandatory psychiatric examination in cases provided for by the Labor Code of the Russian Federation and other federal laws and other regulations legal acts of the Russian Federation.

During the period of the employee’s suspension from work, no wages are accrued to him, with the exception of the case when he was unable to undergo a psychiatric examination through no fault of his own, then this time is paid as idle time.

In addition, according to paragraph 5 of part 1 of Article 81 of the Labor Code of the Russian Federation, an employment contract can be terminated by the employer in the event of repeated failure by the employee to fulfill his work duties without good reason, if he has a disciplinary sanction. Based on Article 192 of the Labor Code of the Russian Federation, for committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

– remark;

– reprimand;

– dismissal for appropriate reasons.

Moreover, if within a year from the date of application of the disciplinary sanction the employee has not been subjected to a new disciplinary sanction, he is considered not to have had a disciplinary sanction (Article 194 of the Labor Code of the Russian Federation).

Thus, if an employee refuses to undergo a mandatory psychiatric examination, the employer has the right to dismiss him on the basis of clause 5 of part 1 of Article 81 of the Labor Code of the Russian Federation, but only if he already has a disciplinary sanction in the form of a remark or reprimand applied less than a year ago.