Who is required to conduct pre-trip medical examinations: we examine three controversial situations

Legal norms - 2021 for conducting pre-trip medical examinations of drivers

It is noteworthy that the pre-trip medical examination of drivers is simultaneously regulated by several (not contradictory) regulatory sources:

• by order of the Ministry of Health of the Russian Federation dated December 15, 2014 No. 835n;
• letter of the Ministry of Health of the Russian Federation dated August 21, 2003 No. 2510/9468-03-32;
• by order of the USSR Ministry of Health dated September 29, 1989 No. 555.

In addition, some aspects of pre-trip medical examinations of drivers are regulated by Art. 23 of the Law “On Road Traffic” dated December 10, 1995 No. 196-FZ.

The object of regulation of these legal acts partially coincides (and if we talk specifically about the pre-trip examination of drivers, it coincides completely), but the main document, the provisions of which employers should study, can be considered the most recent - Order of the Ministry of Health No. 835n.

Let us note that in all of these sources of law published by the Ministry of Health, there are provisions that require employers to use a special registration log to record the results of the pre-trip medical examination of drivers. Moreover, only the order of the USSR Ministry of Health No. 555 contains the recommended form of this journal.

For a sample driver pre-trip medical examination log, see here .

So, the most recent of these regulations regulating the conduct of medical examinations of drivers is Order No. 835n of the Ministry of Health of the Russian Federation. Its provisions are also relevant for 2021.

Who needs to undergo pre-trip inspections?

According to the legislation of the Russian Federation, pre-trip inspections are required for certain categories of workers in various fields.

1. Drivers who transport passengers and cargo.
2. Collection services (Banks, other financial institutions)
3. Transport companies
4. Drivers driving electric vehicles on the territory of a workshop, warehouse, etc.
5. An organization that transports its employees.
6. Courier service workers.
7. Evacuation service workers.

Why is this medical examination necessary?

To begin with, it is important to understand that pre-trip and post-trip inspections are not aimed solely at determining the presence of factors of alcohol and drug intoxication, but have a broader purpose. After all, people with various diseases or signs of fatigue pose a danger. If periodic medical examinations at an enterprise are of a formal nature and the work and rest schedule is not observed, the likelihood that over time a driver with an advanced stage of a chronic disease or with signs of overwork will be driving a vehicle is very high. Separately, we should highlight the manifesto of such a terrible disease as diabetes mellitus, which has very similar symptoms to the picture of alcohol intoxication.

How is pre-trip inspection of drivers carried out?

• The driver with the issued waybill comes to the medical worker.
• The health worker asks the driver about his health, complaints, examines the skin for traces of injections, examines the pupils of the eyes, and without fail measures blood pressure, regardless of age. If there are signs of a cold, body temperature is measured.
• After the above steps, the driver's health care worker asks to take a deep breath and exhale continuously through a disposable mouthpiece into the breathalyzer until the beep sounds.
• If, according to the device readings, there are no signs of alcohol intoxication and there are no comments during the driver’s examination by a medical worker, a note about permission to work is placed on the waybill.
• If the driver shows signs of an acute illness, the driver is sent to a clinic.
• If signs of alcohol intoxication are detected, the corresponding document is filled out in duplicate. One remains with the medical worker, the second is given to the employer. The driver is suspended from work.

Waybill forms and filling procedure

An organization can use independently developed forms of waybills or forms approved by the State Statistics Committee or industry departments. In any case, the organization’s used forms of waybills must be fixed in its accounting policies for accounting purposes. At the same time, it is important that the waybills for cars, trucks, buses, trolleybuses and trams contain the mandatory details that are provided for in clause 3 of Order of the Ministry of Transport dated September 18, 2008 No. 152: 1. name and number of the waybill; 2. information about the validity period of the waybill; 3. information about the owner (owner) of the vehicle; 4. information about the vehicle; 5. information about the driver. Considering the freedom in choosing the form of the waybill, there is no need to talk about new forms of waybills from 2021. However, organizations and individual entrepreneurs that provide transport services need to take into account the changes made by Order of the Ministry of Transport dated January 18, 2017 No. 17 to the Procedure for filling out waybills. For them, the new waybill form may not contain the seal (stamp) of the organization or individual entrepreneur. However, it became necessary to confirm in the waybill the pre-trip inspection of the technical condition of the vehicle, clause 16 of Order of the Ministry of Transport dated September 18, 2008 No. 152, clause 4 of Art. 20 of the Federal Law of December 10, 1995 No. 196-FZ). To fulfill this requirement, the following information must be indicated in the waybill:

1. Title - waybill;
2. Number;
3. Validity;
4. Information about the owner of the car;
5. Machine type and model;
6. State registration plate of the car;
7. Odometer reading; when leaving the garage and when entering the garage;
8. Date and time of leaving the garage and entering the garage;
9. Signature and full name an employee who enters the odometer readings, date and time on the sheet;
10. FULL NAME. driver;
11. Date and time of the driver’s pre-trip post-trip medical examination;
12. Stamp, signature and full name. a medical professional who conducts a medical examination;
13. Note on pre-trip inspection in the Vehicle Technical Condition Log
14. Stamp “Passed pre-trip inspection of technical condition”

Owners (possessors) of vehicles are required to register issued waybills in the waybill registration log.

Where to get a pre-trip inspection in Moscow?

In the medical office at st. Klinskaya 10 k.1 you can undergo pre-trip and post-trip inspection at any time convenient for you and at affordable prices. We are located in the northern administrative district (NAO) of Moscow in the Khovrino district. The medical center is open seven days a week.

New rules for issuing travel documents from January 1, 2021

The new rules were approved by Order of the Ministry of Transport of the Russian Federation dated September 11, 2020 No. 368 “On approval of mandatory details and the procedure for filling out waybills,” which is valid from January 1, 2021 to January 1, 2027. The new procedure for drawing up waybills must be applied by legal entities and individual entrepreneurs operating cars and trucks, buses, trolleybuses and trams.

Order No. 835n on pre-trip medical examinations of drivers

The main feature of Order No. 835n of the Ministry of Health of the Russian Federation is that it regulates not only pre-trip, but also pre-shift, post-trip and post-shift examinations of employees. According to this order, pre-trip medical examinations are mandatory for all drivers, except for those who work in emergency vehicles - only those medical examinations that relate to pre-shift medical examinations are mandatory for them. In turn, post-trip medical examinations are mandatory for those drivers who transport passengers and dangerous goods. The Ministry of Health also requires individual entrepreneurs who independently provide transportation services to undergo pre-trip and post-trip inspections.

If you have access to ConsultantPlus, check whether your pre-trip medical examination is carried out correctly. If you don't have access, get a free trial of online legal access.

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

Article 20 of Law No. 196-FZ talks about the obligation of a medical examination before the start of the working day for drivers driving vehicles owned by legal entities, including individual entrepreneurs. When transport is listed on the organization’s balance sheet, in order to make flights, it is necessary to issue a waybill with all the details.

The driver is the owner of the car

If the equipment is driven by the owner of the vehicle - an individual, passing the PMO is necessary when transporting cargo (luggage) or passengers. For your own needs, you are allowed, for example, to use a taxi without a voucher with a mark on the completed medical examination. At the same time, the purpose of a personal trip should not be questioned.

Note: Drivers whose flight cannot be delayed can go on the line without pre-trip medical control. Emergency services employees: Ambulance, Ministry of Emergency Situations, Emergency Units, etc., undergo medical control during the absence of urgent calls.

For whom is a post-trip medical examination required?

Honey. Employees involved in the transportation of dangerous goods and passenger carriers undergo inspection at the end of a shift or flight. Including drivers included in the dispensary group, who are under special control of medical workers for medical treatment. These include drivers:

1. Buses.
2. Taxi (including minibuses).
3. Fuel tankers, carriers of fuel and lubricants.
4. Transporting: poisoning chemicals. facilities; flammable, explosive, etc. cargo that can cause harm to human health (the environment).
5. Seen taking alcohol or psychotropic drugs.
6. Those who have reached 55 years of age.
7. Having chronic diseases that may interfere with driving.

Drivers may undergo a post-trip medical examination by order of the organization's management. The employer has the right, in order to increase the level of self-discipline, to oblige employees to undergo a medical examination at the end of the working day. It is possible to obtain such an order from federal or regional authorities, for example, during the COVID-19 pandemic.

Features of the pre-trip medical examination procedure for drivers

Order of the Ministry of Health of the Russian Federation No. 835n establishes that pre-trip medical examinations of drivers:

• are carried out immediately before the start of a work shift in order to detect harmful and dangerous factors, as well as health conditions that may interfere with a person’s performance of work functions;
• are financed and organized by the employer;
• are carried out by medical workers who have the necessary qualifications, confirmed by a certificate, and who work on the staff of the company or represent a third-party medical organization, with the appropriate license to carry out medical activities.

Order of the Ministry of Health No. 835n determines that pre-trip examinations include:

• consideration of driver complaints;
• conducting a visual inspection;
• measuring temperature, pressure, pulse;
• identifying signs of intoxication;
• determining the percentage of alcohol in the blood;
• determination of the presence of psychoactive substances.

Based on the results of the pre-trip medical examination, the doctor makes a conclusion that:

• no harmful and dangerous factors or health conditions that prevent the driver from performing his job function have been identified (and therefore the driver can start working);
• relevant factors or conditions have been identified (and therefore the driver cannot be allowed to work).

In both cases, the employer is informed about the results of the medical examination. In the second scenario, if factors and health conditions that prevent the driver from working are identified, then the employee is issued a certificate for subsequent contact with a medical organization in order to receive the necessary assistance.

You can find out how an employer can organize pre-trip and post-trip medical examinations by receiving a free trial access to K+.

When and by whom is a pre-trip medical examination carried out?

The inspection time, as the name suggests, is carried out before a flight or before starting a shift. During the medical examination, the state of health, the ability to drive a vehicle are checked, and the driver’s complaints are taken into account. Permission to work is recorded in the journal and waybill.

The medical examination of drivers working in this capacity at enterprises is paid for by the employer. If an individual entrepreneur provides driver services (for any type of transport), he organizes the medical examination independently.

To do this, you need to contact a licensed medical institution and enter into an agreement to receive services. Have pre-trip inspection certificates at your disposal. The documents are signed by two parties: the doctor conducting the medical examination and the driver.

Regulations on the organization of pre-trip medical examinations of drivers

In addition to Order No. 835n, the letter of the Ministry of Health of the Russian Federation dated August 21, 2003 No. 2510/9468-03-32 also retains legal force. It states that the employer, for conducting pre-trip medical examinations of drivers, can approve a separate local legal act - a regulation on the organization of appropriate examinations. The standard form of this provision is approved in Appendix 2 to the specified letter of the Ministry of Health. This provision implies regulation:

• organizing pre-trip medical examinations;
• content of medical examinations;
• carrying out certain procedures as part of medical examinations;
• conditions for medical examinations;
• criteria for allowing drivers to work after passing a medical examination;
• responsibilities of medical institutions that conduct medical examinations.

See the structure of the order for medical examination by employees of the enterprise here .

Is it possible to collect a fine from a driver who was issued for going on the line without a pre-trip medical examination? The answer to this question is in ConsultantPlus. Learn the material by getting trial access to the system for free.

Do individual taxi drivers need a pre-trip inspection?

According to current legislation, a medical check of motorists before going on a trip is mandatory for everyone, regardless of whether the driver works for an organization or has registered his own individual entrepreneur. Thus, the waybill of an individual entrepreneur providing services in his vehicle must contain a note from a medical worker.

By ignoring this requirement, a private entrepreneur risks receiving a serious fine if stopped by traffic police inspectors. The fine today is up to 30,000 rubles. After paying the fine, the driver will still have to look for a licensed medical institution and enter into an agreement with it. Please note that the terms of the contract concluded by a taxi driver with a medical institution as prescribed by the traffic police may be more costly and unprofitable. Therefore, there is no need to wait for a meeting with the traffic police, take care of compliance with the law and protect yourself from fines in advance!

Results

Conducting a pre-trip medical examination of drivers is an employer’s obligation provided by law. During its implementation, it is important for the enterprise to comply with the procedures provided for by the provisions of Order of the Ministry of Health of the Russian Federation dated December 15, 2014 No. 835n.

You can study other nuances of medical examinations by employers in the articles:

• “Medical examination upon hiring (nuances)”;
• “Medical examination when applying for a job - procedure and nuances”.

Sources:

• Federal Law of December 10, 1995 No. 196-FZ
• Labor Code of the Russian Federation

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Opinions and law on conducting pre-trip inspections in a taxi service

According to the Administrative Code, Article 11.32 lists violations and specifies the amount of fines for persons responsible for conducting pre-trip inspections.

The amount of the fine collected in the absence of a pre-trip medical examination:

• for individuals – from 1 to 1.5 thousand rubles;
• for persons responsible for organizing medical examinations - from 2 to 3 thousand rubles;
• for legal entities (IP) – from 30 to 50 thousand rubles.

Important!

Taxi drivers are required to have waybills, which are invalid without a pre-trip medical examination. The traffic police officer can impose a considerable fine for this. Sometimes it is more profitable not to show the “ticket” at all, receiving a minimal punishment for its absence, than to present a document without a doctor’s stamp.

Who keeps the driver's pre-trip inspection log?

A log of pre-trip medical examinations must be kept at the enterprise. So that in case of inspection it can be presented. It is recommended to have a paper version (strapped and numbered) for keeping records, but an electronic version is not prohibited.

There remains a small nuance: in electronic form, the journal is signed by a physician who has an enhanced electronic signature. The driver, as a rule, does not have one, so his signature may be missing. It is better to coordinate this issue with the competent authorities.

Journal pages may be requested for review, so it should be possible to print them on paper. There are no strict recommendations on the form of record keeping. Therefore, the main thing is to register the date, information about the driver and the results of his examination.