Pre-trip medical examination of drivers in 2021

Many organizations have driver positions on their staff, but not all properly organize pre-trip medical examinations for drivers.

Although the employee responsible for transportation may be out of his mind or, for example, drunk...

And even less of all do they think about performing a post-trip medical examination.

Although, again, by identifying a violation, for example, alcohol consumption or health problems at the end of a shift, a possible future accident can be prevented.

Who conducts the pre-trip medical examination?

A medical institution (hospital, private medical center) or a medical professional with a special license. Some companies obtain a license and organize inspections themselves.

To obtain a license, you need to collect a complete package of documents, open a medical office and hire a medical professional - a doctor or a medical worker with secondary education who has completed a training program.

Obtaining a license is not easy, so companies usually turn to companies that help collect documents and obtain permission. But the license gives the right to provide services to other companies and is valid for an indefinite period.

If you don’t want to hire a doctor and obtain a license, the company turns to a third-party agency. Small firms usually do just that.

Fines for legal entities

Check

List of doctors

It is best to visit the official websites of medical institutions for detailed information. On any page there is sure to be a section devoted to various types of medical examinations for employees before a flight. The main thing is that there is information about the certification of such specialists.

Each region has its own rules for medical examinations. And each specialist has the right to set his own price.

The websites provide detailed information regarding the following factors:

1. service price;
2. equipment used;
3. qualifications of doctors;
4. information about diplomas and certificates.

The final choice is made by the manager or the drivers themselves.

How is the pre-trip medical examination carried out?

During the medical examination they check:

1. Driver's well-being. The doctor measures basic indicators: blood pressure, pulse, temperature. If the pulse and blood pressure are not normal, these indicators can be measured again after 20 minutes.
2. Sobriety. The presence of ppm is checked with a breathalyzer.

If the driver has any complaints, vital signs are not normal, or the disease has worsened, he is suspended from work that day. The health worker issues a referral for additional examination to the hospital.

If the breathalyzer detects ppm, or there is a suspicion that the driver has taken drugs, the health worker prohibits going to work.

By law, the inspection is included in working hours. If the employee completes it in his free time, he is paid overtime. The employer also pays for the examination itself.

Order of conduct

None of the officially employed drivers can bypass the inspection requirement. It doesn't matter what mode of transport they drive. The check is carried out immediately before the start of the voyage. The inspection period refers to working hours.

The procedure includes a description of not only the right to carry out the procedure, but also other nuances:

• questions about illness, complaints;
• visual inspection, measuring temperature, pulse, pressure;
• checking for intoxication, residual effects from them. This is also important when a citizen is on a business trip.

The results suggest fixation using different methods. One of them is driver’s travel sheets for the current date. Special audit logs are another tool for entering information.

Important! The main response to the slightest deviations among drivers is to immediately stop working. They are provided with assistance when contacting medical institutions where they receive a referral. The decision is made on several grounds: signs of exacerbation of the disease, rapid pulse, increased blood pressure, traces of alcohol, drugs.

Pre-trip medical examination log

After the check, the medical worker fills out a pre-trip medical examination log and puts a mark on the waybill confirming that the driver is allowed to drive a car.

The stamp must indicate the time of inspection so that there is no doubt that it is current.

The head of the company is responsible for the journal: he monitors the regularity of entries and compliance with the form.

Fill in the log:

• time of inspection;
• personal data of the driver and information about his health;
• medical report;
• signatures of the health worker and the driver.

.

A waybill with an admission stamp is issued to the driver before each flight. This usually happens every day, or several times a day. But there are exceptions: for example, long business trips.

According to the law, a waybill can be issued for a period not exceeding a month. If a business trip lasts, say, 20 days, the driver is given a waybill in which all points of his route are marked. Then he must undergo a medical examination only once - before leaving. The results will be valid for the entire duration of the trip.

Purpose of the procedure

Medical examinations are a test of how ready citizens are to drive in a safe manner. Thanks to such measures, it becomes easier to monitor the state of the driver’s health. It makes it easier to detect abnormalities, both physiologically and mentally.

After passing such checks, referrals are issued for appropriate assistance, if necessary. If the problems found can be eliminated in the near future, then there should be no difficulties in returning to work.

Recommendations for treatment can be sent to both the driver and the manager himself. Then both parties agree on a schedule for the duration of these events. Payments of various benefits and documentation at the enterprise depend on this.

Post-trip medical examination: is it necessary to undergo it?

Post-trip inspections are only required for drivers who transport passengers or dangerous goods during working hours. The requirements for them are more stringent: they are checked after each shift and flight.

The procedure for post-trip medical examinations is the same as for pre-trip ones. These inspections have two purposes:

1. Monitor employee health. Regular examinations help to notice in time the onset of an occupational disease or poisoning, and to track the impact of harmful factors on health.
2. Identify employees who use alcohol or psychoactive substances at work.

For other drivers, inspections are only recommended. For example, it is recommended to examine people at risk after a flight: the elderly, people with illnesses, and people who drink alcohol.

Check your organization's fines now

Tougher measures

In recent years, there have been changes in legislation, and many measures have been strengthened, this is due to a large number of accidents on the roads, including deaths.

In any case, all data on the medical examination must be recorded in a journal. This document is mandatory, as it reflects all the information about the driver’s condition. It must be stitched and numbered.

Remote pre-trip medical examinations

The medical examination takes up working time: the driver must get to the examination site, undergo an examination, obtain a permit, and only then can he leave for the trip. If there are several flights and they start at different points in the city, the driver is forced to return each time to the medical center with which the company cooperates. Therefore, some entrepreneurs organize remote inspections.

Remote inspections are carried out at points where special equipment is installed: a terminal for measuring body parameters, a camera, a breathalyzer. The inspection procedure is as follows:

1. The driver fills out his data in a special computer system.
2. The terminal, which is installed at the remote inspection point, measures the driver’s pressure, temperature and pulse.
3. The built-in breathalyzer checks for the presence of alcohol in the blood.

During this time, the examination is monitored via a webcam by a licensed healthcare professional. He makes sure that the driver does not violate anything during the inspection. If everything is in order, the medical worker issues a conclusion and allows the driver to board the flight. He confirms his decision with an electronic signature.

There are companies in Russia that sell equipment for remote inspections. Hypothetically, an entrepreneur can install several devices at the right points in the city and save drivers time. But the legality of this method is still in question.

Proponents that remote examinations are legal rely on Federal Law No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation.” Article 36.2 allows for the provision of medical care using telemedicine technologies. Typically, companies that sell equipment or organize remote inspections convince customers that everything is absolutely legal.

But court decisions and responses from regulatory authorities indicate that the Russian authorities do not consider remote medical examinations legal. For example, the Arbitration Court of the Sakhalin Region refused to invalidate a fine for violating the medical examination procedure. The court concluded that the regulations do not directly indicate that telemedicine can be used during pre-trip medical examinations.

And this is an explanation regarding the legality of remote inspections on the website of the prosecutor’s office of the Republic of Crimea. Roszdravnadzor believes that remote medical examinations pose a threat to traffic safety.

The laws do not directly prohibit the provision of telemedicine services during a pre-trip medical examination, nor do they permit remote examinations. But practice shows that the court almost always recognizes that remote inspection is a violation.

The matter may not come to punishment. Employees who check drivers sometimes get into a situation and turn a blind eye to the fact that the medical examination was carried out remotely. But according to the law, inspectors have every reason to fine the driver and entrepreneur a large sum. Therefore, allowing a driver to board a flight without a personal medical examination is a serious risk.

Changes in 2021

Over the past few years, rules for drivers have been tightened. 2021 is the time of the most relevant changes. According to the recently introduced rules, part of the procedures are carried out for a remote type of service. Now you no longer need to always visit the exact doctor with whom the patient is registered.

But the strengthening of rules continues. This refers to the number of medical procedures that must be completed before or before travel. Technical inspection is a completely different matter.

Remote maintenance simplifies interaction between different structures. It is now possible to use telecommunications to conduct a consultation. You should choose a doctor with the appropriate profile, and no changes to prices or other rules of the procedure are planned.

Fines and liability for violations during pre-trip medical examinations

Penalties for lack of a medical examination are established by Article 12.31.1. Code of Administrative Offenses of the Russian Federation:

For drivers: 3,000 rubles

For officials: 5,000 rubles

For legal entities: 30,000 rubles

Fines for violating the established procedure for medical examinations are prescribed in Article 11.32 of the Code of Administrative Offenses of the Russian Federation:

For drivers: 1,000 - 1,500 rubles

For officials: 2,000 - 3,000 rubles

For legal entities: 30,000 - 50,000 rubles

If the company fails to conduct an inspection or violates the procedure for conducting it, and the driver gets into an accident with serious consequences, it may lead to criminal prosecution. This is regarded as a violation of labor protection requirements (Criminal Code of the Russian Federation, Article 143). In this case, the manager and the person responsible for conducting inspections may be assigned:

A fine of up to 400,000 rubles or in the amount of wages or other income for a period of up to 18 months.

Compulsory work for a period of 180 to 240 hours.

Correctional labor for up to 2 years.

Forced labor for up to 1 year or imprisonment for the same period with deprivation of the right to hold certain positions or engage in certain activities.

It is impossible to collect a fine from an employee for failing to undergo a medical examination - this decision was made by the Sverdlovsk Regional Court on November 27, 2019 in the case of recovery of damages from an employee No. 33-20128/2019.

Checking fines for legal entities. persons

Do you want to monitor fines, receive a daily report on new fines found and pay them?
Try for free

Cost of examinations and certificates

The cost of driver inspection may vary depending on the distance and some other features:

1. In government institutions in Moscow, the lower threshold of prices starts at 100 rubles;
2. The maximum cost of a medical examination in one of the private centers is 385 rubles.

So, this service is relatively inexpensive. Therefore, at such prices, it makes sense to register a doctor as an employee only if there are more than fifteen drivers.

However, a serious employer may want to enter into an agreement to examine all of its drivers at once, not just once, but for a month. In this case, prices increase significantly, since a qualified specialist requires appropriate payment.

Speaking about obtaining a license for a medical examination of drivers, it is worth warning that the process of obtaining a license usually takes a lot of money and time.

If a certificate can cost up to 20,000 rubles, then the price of a license ranges from 100,000 rubles and above . Certain organizations will help a businessman complete the necessary paperwork in just over two weeks.

So, responsibility for the driver’s medical examination lies directly with the employer, who must provide all the conditions for undergoing a medical examination.

At the same time, the driver should take into account that traffic police officers have the right to detain him for a medical examination and provision of a waybill.

A “drawn” stamp put by a doctor without a certificate or a company without a license will certainly entail extremely unpleasant consequences for the enterprise.

Is it possible to pay a fine for violating the requirements for pre-trip medical examinations at a discount?

Can. A 50% discount applies within 20 days from the date of delivery of the resolution. You can check the presence of a fine by the license plate number of the car or by resolution.

Tracking fines can be difficult: they can be issued to both the organization and the driver. To avoid checking data manually, connect to the Online State Traffic Safety Inspectorate service for monitoring fines for legal entities. The service will collect all fines of the organization in your personal account. You can pay in one click and view your payment history at any time. And if a fine is imposed on the driver, the program will send him an SMS with a link to online payment.

according to article

Write to our lawyer and he will help you understand automobile legislation. We will consider controversial situations and tell you how to act according to the law.

Don't miss new useful publications

We will tell you about the intricacies of the legislation, help you understand it and tell you what to do in controversial situations.

Who is responsible for the costs?

According to the text of Article 213 of the Labor Code of the Russian Federation, they directly say that any expenses for events are borne by the head of the enterprise. The same goes for any mental health assessments.

Important! If an employee paid for part of the procedures out of his own pocket, he has the right to demand compensation from the other party. The main thing is the availability of appropriate supporting documents.

If the other party refuses to pay, the right to apply to the courts to resolve disputes appears. This issue is not affected by the conclusion of an employment contract, or its absence.

What are the requirements for the office?

In order to conduct a pre-trip inspection of drivers, the employer should allocate a special room, and its area should be at least 12 m2.

This room should have:

• a specialist’s suitcase equipped with first aid equipment in case the employee becomes ill;
• a couch is required for the examination;
• 2 chairs for a specialist and a patient;
• wardrobe for clothes;
• desk;
• table lamp to provide local lighting;
• safe for medic;
• breathalyzer;
• tests to determine alcohol or drug intoxication;
• thermometer;
• tonometer for measuring blood pressure;
• spatulas;
• cutlery table.

It is important that the room is heated, supplied with water, and that the lighting in it must be within the standard limits.

If this is not available, it is possible to allocate a separate room for checking drivers before leaving for a trip; the employer can organize employees to go to the clinic using their own transport.