695 on the passage of a compulsory psychiatric examination. Legislative framework of the Russian Federation

PASSING MANDATORY PSYCHIATRIC

CERTIFICATIONS BY EMPLOYEES IMPLEMENTING

SEPARATE KINDS OF ACTIVITIES, INCLUDING ACTIVITIES,

ASSOCIATED WITH SOURCES OF INCREASED HAZARD (WITH THE INFLUENCE

HARMFUL SUBSTANCES AND ADVERSE PRODUCTION

FACTORS), AND ALSO WORKING UNDER CONDITIONS

Judicial practice and legislation - Resolution of the Government of the Russian Federation of September 23, 2002 N 695 (as amended on March 25, 2013) "On the passage of compulsory psychiatric examination by workers carrying out certain types of activities, including activities related to sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as those working in conditions of increased danger "

1.12. Employees associated with train traffic, harmful and hazardous production factors must undergo preliminary and periodic medical examinations in accordance with the Order of the Ministry of Healthcare of Russia dated March 14, 1996 N 90, Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 N 83, Regulations on the procedure conducting mandatory preliminary, upon admission to work, and periodic medical examinations at the federal railway transport, as well as undergo a compulsory psychiatric examination in the manner established by the Rules for passing a compulsory psychiatric examination by employees carrying out certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as working in conditions of increased danger.

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A person's mental health is directly related to his ability to carry out different types of work. This is especially true for professions that involve interaction with people, hazardous working conditions, the need to quickly respond to changing circumstances. It is precisely such professions that are extremely demanding on the speed of a person's reactions, his endurance and self-control, the ability to control the situation and sensibly assess the surrounding reality. In short, people in responsible positions must be completely mentally healthy.

In our clinic, you can undergo a psychiatric examination for only 500 rubles, it is possible for specialists to visit the organization.

ALGORITHM OF OBLIGATORY PSYCHIATRIC CERTIFICATION OF CITIZENS APPLYING TO OBTAIN A CERTIFICATE FOR EMPLOYMENT.

Order of the Moscow Health Department of September 18, 2008 No. 705 "On the organization of mandatory psychiatric examination of workers engaged in certain types of activities, including activities related to sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as workers in conditions of increased danger ".

Who Needs a Psychiatric Evaluation?

There is a federal list of professions whose representatives are required to undergo this type of examination at a frequency of at least once every 5 years. Mental disorders are a contraindication for high-altitude work, work in extreme conditions (for example, underground or in the climate of the Far North), work related to the carrying and storage of weapons, trafficking in psychotropic drugs and drugs. Proven mental health - mandatory requirement for firefighters, police officers, school teachers, drivers of vehicles, office workers and representatives of some other industries.

How is the examination carried out?

If you are going to undergo the procedure for the first time, most likely you are interested in the procedure for carrying it out. The employer issues a direction in which the type of activity and working conditions are indicated, then an expert commission consisting of psychiatrists conducts the examination itself. Its purpose is to establish whether the employee has a mental disorder, as well as to determine the relationship between the nature of this disorder and the ability to safely carry out professional activities, the type of which is indicated in the direction of the employer.

In our country, it is customary to treat psychiatrists with caution, but in reality there is nothing to fear: an adequate person in his right mind will not be "assigned" any diagnoses. Even if you come to the examination not in the best mood, this does not threaten you in any way. If your doctor notes that you have signs of depression and stress, he may advise you to seek advice, but there will be no professional restrictions in this case. Thus, there is no need to "prepare" for the examination.

Certification is a voluntary procedure. However, if you refuse to pass it, this may become the basis for your dismissal.

In order to determine your mental health, your doctor will ask you questions. Some of them may seem a little strange to you, but there are no random ones among these questions: the doctor will evaluate both the content of your answers, and the speed of your reaction, and other nuances will not be ignored. People with mental disorders often have problems with abstract thinking; some diagnoses are characterized by incoherent speech, impaired logic and other features that are clearly manifested during personal communication.

The inspection time will take no more than 30 minutes.

Mandatory cases of examination

The legislation of the Russian Federation names the categories of employees who, in any case, must undergo a psychiatric examination during employment ( article 213 Labor Code RF):

minors (under 18);
applicants for positions for which certification is provided for by the Labor Code of Russia;
applying for positions for which certification is provided for by other laws of the Russian Federation.

Cases regulated by the Labor Code of the Russian Federation, in turn, are divided into three conditional groups:

1. Special working conditions (Part 1 of Article 213 of the Labor Code)... This category of people is associated with work with specific working conditions:

work with chemicals, explosive substances and other objects that pose a threat to health;
underground, as well as lifting and high-altitude work (in these cases, a person is tested for claustrophobia or fear of heights);
employees whose work is somehow connected with transport (drivers, pilots, as well as dispatchers and traffic controllers);
work that presents an increased danger and the need to carry weapons (army, police, security structures).

2. Social and welfare areas (Part 2 of Article 213 of the Labor Code of the Russian Federation).

This includes professions in areas related to service and social interaction:

places Catering and food industry;
trade and consumer services;
hospitals and clinics;
schools, children's camps, etc.
office staff

3. By decision local authorities(part 4 of article 213 of the Labor Code of the Russian Federation). This group is ambiguous. It allows for various additional cases of mandatory psychiatric examination, which are established by decision of local authorities, if there are sufficient reasons for this.

Compulsory examination rules

The conditions that compulsory psychiatric examination of employees meets are regulated by the Government of the Russian Federation in Resolution No. 695 of 23.09.2002... The document stipulates the rules for passing the procedure by persons working in conditions that pose a danger to the health of the citizen himself and the people around him:

Persons working in positions that are included in the list of "Mandatory Cases" are subject to regular psychiatric examination.
The norms that are established by Russian law regarding the right of a citizen to receive psychiatric care and the guarantees of its provision, stipulate an exclusively voluntary basis for the examination of an employee.
The purpose of the survey is to determine the professional suitability and mental health suitability for admission to work with special conditions.
The assessment of the mental state is carried out by the Sanmedexpert commission consisting of three specialists: two psychiatrists and a chairman.
Read the documents:
Employees must undergo a certification procedure every 5 years (or more often, depending on the profession).
When applying to the Sanmedexpert, a citizen must present documents confirming his identity.
The company issues a referral for examination to indicate the type of activity of the employee and his working conditions.
The decision of the medical commission is issued to the employee on the day of the examination. The message of the medical commission about the date of the decision of the commission and the date of its issuance to the employee is sent to the customer in writing within 3 working days after its adoption. In cases for the necessary additional information, it is allowed to extend the period up to 30 working days with the obligatory notification of the subject.

In accordance with the Rules, a citizen has the right to familiarize himself with the results of the examination and, in case of disagreement, to appeal them in court.

Rules for passing a psychiatric examination (examination)

General provisions for employers and job applicants:

Mandatory psychiatric examination is required for applicants for positions associated with potentially hazardous activities (military service, chemical industry, etc.);
According to the current legislation of the Russian Federation, the survey is carried out exclusively voluntarily. Compulsory research is assigned only in cases where a person poses a real threat to himself and / or society;
The examination is carried out only for the purpose of determining the professional suitability of the candidate or current personnel for the implementation of a specific category of work. Sometimes research is required to assess the mental state of an employee. The task of the event is to establish a relationship between a person's character and the ability to perform job duties;
Only qualified medical personnel from an independent commission have the right to conduct an examination;
No more than 20 working days should pass before the medical examination from the moment the employee or applicant applies;
The minimum frequency of examination for an employee is once every 5 years (in some positions - once every 6 months);
The employee has the right to ask questions related to the state of his mental health, throughout the entire period of the commission and after giving the opinion by doctors;
The appeal of the result of the examination is admissible in a fixed manner, in accordance with legislative norms;
Refusal to pass the examination threatens the employee with suspension from service. Repeated violation will result in dismissal.

The number of organizations and isolated institutions that require a mental health assessment upon approval of a candidate for a position is growing every year. An examination is a responsible event that requires certain time and material costs. It is important that such procedures do not cause harm and moral damage to either employees or employers, but entail only positive results for all parties involved.

Responsibility for ignoring the need for certification

Approval of an employee who has not passed a psychiatric examination for the official position is punishable in accordance with Part 3 of Article 5.27.1 of the Administrative Code of the Russian Federation. Material liability(the fine) rests entirely with the organization or the head of the institution.

On the officials in size from 15-25 thousand rubles;
On persons exercising entrepreneurial activity without forming a legal entity - from 15-25 thousand rubles;
For legal entities, the fine is 110-130 thousand rubles.

The same penalties are relevant for allowing a person to perform work, whose mental state does not meet the stipulated standards.

Who can conduct the survey?

Public and private clinics licensed with the wording psychiatry, psychiatric examination have the right to conduct psychiatric examination. The institution should have professional medical commissions for psychiatry.

This rule operates in accordance with the decree of the Government of the Russian Federation of September 23, 2002 (No. 695).

Clinic "Sanmedexpert" has all the documents that allow an independent psychiatric examination within its walls.

Material and organizational aspects

All financial expenses provided for the procedure are borne by the employer. The organization can contract with private health centers licensed for psychiatric screening to help conduct regular screening of workers and candidates for the position.

A referral is issued by the organization to a candidate for a vacancy if he is suitable for service according to other criteria. The terms for passing the commission are negotiated individually, according to the calendar plan.

When contacting the Sanmedexpert clinic for an examination, you must have with you:

Identity document (internal passport of a citizen of the Russian Federation); military ID.
Referral from an employer.

A citizen has the right to apply to a state or commercial structure licensed to undergo a psychiatric evaluation, undergo a psychiatric evaluation and reimburse this procedure by contacting the employer.

Mandatory psychiatric examination of workers in the Moscow region carrying out activities related to sources of increased danger

(You can read the order)

To undergo a mandatory psychiatric examination in the Moscow region, the patient must provide the following documents:

the passport,
referral from the employer.
medical documents:
outpatient card,
medical examination card,
a certificate from a neuropsychiatric institution at the place of permanent registration (if the patient does not work at the place of permanent registration),
medical report based on the results of the previous examination (if any),
military ID (for those liable for military service).

Based on the results of the examination, the clinic's specialists form the following documents:

the conclusion of the commission on the results of the survey;

If the commission identifies contraindications for the implementation of the declared work and recognizes the employee as unfit, the patient is offered to undergo an additional examination in order to transfer to another position.

Questions and answers

Who conducts the assessment - a psychologist or a psychiatrist?

Psychiatrist. The competencies of a psychiatrist and a psychologist are different: the first specialist has a medical degree and has the right to diagnose and treat. The second is not. Psychiatric examination is a purely medical measure carried out by a doctor.

If I have been diagnosed and I do not agree with it, what should I do?

In this case, you can undergo a re-examination. An independent medical commission will re-examine you, after which the diagnosis will be either confirmed or withdrawn.

What tests will you need to pass during the examination?

Not complicated. The psychiatrist may, for example, ask you a question about the meaning of a proverb or saying, or ask how much is two times seven. Do not be indignant - no one suspects you that you did not go through the multiplication table. Asking questions and observing the patient's response is the professional responsibility of the physician.

Do office workers need to undergo a psychiatric examination upon hiring and periodically - once every 5 years?

These workers are required to undergo a mandatory psychiatric examination at least once every five years if they carry out activities or work under conditions stipulated by the List of medical psychiatric contraindications for exercising certain types professional activity and activities associated with a source of increased danger (approved by the Decree of the Government of the Russian Federation of 28.04.1993 N 377).

Legal justification

According to Part 5 of Art. 213 of the Labor Code of the Russian Federation, employees who carry out certain types of activities, including those associated with sources of increased danger (with the influence of harmful substances and unfavorable 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 procedure established by the federal executive body authorized by the Government of the Russian Federation.

Decree of the Government of the Russian Federation of September 23, 2002 N 695 approved the Rules for passing compulsory psychiatric examination by workers carrying out certain types of activities, including activities related to sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as those working in conditions of increased danger approved (hereinafter referred to as the Rules).

As follows from the Rules, compulsory psychiatric examination is undergone by employees carrying out certain types of activities, as well as 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. This List approved by the Decree of the Government of the Russian Federation of April 28, 1993 N 377.

Information portal of Rostrud "Online Inspection.RF", June 2016

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Rules for passing a compulsory 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 unfavorable production factors), as well as those working in conditions of increased danger

1. These Rules determine the procedure for passing a mandatory psychiatric examination (hereinafter referred to as - examination) by workers who carry out certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as those working in conditions of increased the 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 the Resolution of the Council of Ministers - the 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 rights of citizens in its provision "(hereinafter referred to as the List).

2. The examination of an employee is carried out on a voluntary basis, taking into account the norms established by the Law of the Russian Federation "On psychiatric care and guarantees of the rights of citizens during its provision."

Commentary on Article 6

1. In Art. 5 of this Law, a rule is established according to which the restriction of the rights and freedoms of persons suffering from mental disorders is permissible only in cases stipulated by the laws of the Russian Federation, and is not allowed on the basis of only information about a psychiatric diagnosis, facts of being under dispensary supervision, in a psychiatric hospital or in a neuropsychiatric an institution for social security or special education.

A mental disorder, like any illness, can limit the ability to perform a number of professional activities. This applies mainly to professions associated with sources of increased danger and with special requirements for health in terms of endurance, as well as in connection with the likelihood of harm to others or to oneself due to the inability to properly perform labor operations for health reasons. To sources of increased danger in accordance with Part 1 of Art. 1079 of the Civil Code of the Russian Federation includes vehicles, mechanisms, high voltage electrical energy, atomic energy, explosives, strong poisons, etc., construction and other related activities.

2. In accordance with part 2 of the commented article, the List of medical psychiatric contraindications for the implementation of certain types of professional activities and activities associated with a source of increased danger is approved by the Government of the Russian Federation and is periodically revised taking into account the accumulated experience and scientific achievements. 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 the Resolution of the Council of Ministers - the 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 rendering ". In the specified List, all types of activities are divided into two groups:

1) professional activities associated with the influence of harmful substances and unfavorable production factors;

2) professional activity in conditions of increased danger.

3. The rules for undergoing compulsory 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 unfavorable production factors), as well as those working in conditions of increased danger, were approved by the Decree of the Government of the Russian Federation of September 23 2002 N 695, according to which the examination of the employee is carried out on a voluntary basis in order to determine his suitability for the state of mental health to carry out certain types of activities, as well as to work in conditions of increased danger.

For the purpose of examination, the commission has the right to request additional information from medical institutions, about which the employee is notified.

The term of its holding cannot be more than twenty days from the date of its application to the commission.

An employee for passing the examination presents a direction issued by the employer, in which the type of activity and working conditions of the employee are indicated, and he also presents a passport or other identity document replacing it.

The Commission makes an appropriate decision within 10 days after receiving additional information by a simple majority of votes on the suitability (unsuitability) of the employee to perform the type of activity (work in high-risk conditions) indicated in the direction for certification.

The decision of the commission (in writing) is issued to the employee against signature within 3 days after its adoption. Within the same period, a message is sent to the employer about the date of the decision by the commission and the date of its issuance to the employee.

If a citizen does not agree with the decision of the medical commission, then he can appeal this decision in court. The rules for lodging complaints against the actions of persons providing psychiatric care and their consideration are regulated by Section VI of the Law on Psychiatric Assistance by the Civil Procedure Code of the Russian Federation. A court considering complaints about unjustified restrictions in the performance of certain types of professional activity and activities associated with a source of increased danger must establish the presence of a mental disorder, the correctness of its clinical qualifications (diagnosis, syndrome, severity), the compliance of the existing mental disorder with the list of medical psychiatric contraindications for performing this type of activity or the effect of this disorder on the ability to perform such an activity. The court may order a forensic psychiatric examination. In this case, the above questions are put to the permission of experts. Experts should pay special attention to establishing the relationship between the nature of the mental disorder and the possibility of successfully and safely performing this type of activity (compliance with the List of Medical Psychiatric Contraindications). If necessary, the examination can be complex - psychological and psychiatric or psychophysiological - psychiatric - or specialists in medical and social expertise can be included in the forensic psychiatric expert commission.

4. As a general contraindication for all these types of activity, the List contains chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations. The same kind of disorder is indicated by the criterion formulated in the Law as the basis for establishing dispensary observation (see the commentary to Article 27), which greatly facilitates the solution of this specific issue by medical commissions. Epilepsy is also an absolute contraindication to the activities included in group "a" and relative to group "b". Severe forms of borderline mental disorders are considered in each case individually. Electroencephalography is a general functional study applied to all persons in respect of whom the question of their admission to the named types of activity for mental health reasons is being considered. For certain types of activity, the List establishes additional contraindications and additional types survey. The possibility of an individual assessment, in particular based on functional tests, is also not excluded.

In addition, if a mental illness leads to a decrease in working capacity, the question of the possibility of performing certain professional duties is decided individually by the bodies of medical and social (medical and labor) expertise. The latter either generally recognize a person as incapable of work, or give limited labor recommendations, in accordance with which employment is carried out.

5. Issues of suitability are resolved in the same way:

For training in specialties, with the implementation of certain types of professional activities and activities associated with a source of increased danger and work in conditions of increased danger.

To pedagogical activity in educational institutions, in accordance with article 53 of the Law of the Russian Federation No. 3266-1 of 10.07.1992. "On education".

For work using information constituting a state secret (see Order of the Ministry of Health of the Russian Federation of March 16, 1999 N 83 "On the list of medical contraindications for carrying out work using information constituting a state secret").

For work as assessors of arbitration courts of the constituent entities of the Russian Federation (See clause 6 of part 2 of article 2 of the Law of the Russian Federation of May 30, 2001 N 70-FZ "On arbitration assessors of arbitration courts of the constituent entities of the Russian Federation").

To obtain licenses to work as a private detective (See article 6 of the Law of the Russian Federation of March 11, 1992 N 2487-1 "On private detective and security activities in the Russian Federation").

6. Along with professional restrictions, fitness for activities that are not professional, but associated with a source of increased danger, may be limited. This applies to the issuance of certificates for the right to drive vehicles, as well as the acquisition of weapons and means of self-defense, the use of which requires a special permit (See Order of the Ministry of Health of the Russian Federation of September 11, 2000 N 344 "On medical examination of citizens for issuing a license to acquire weapons" ). Decisions regarding suitability for the activities under consideration are made by special medical commissions, which can be departmental, for example, on rail, air, water transport, or are specially created by health authorities (driver's medical commission).

7. In order to avoid unjustified restrictions and in order to achieve the best possible correspondence of the restrictions to the real possibilities and peculiarities of the mental state of a person in a particular period, it is stipulated that these restrictions cannot be permanent. The term for the next re-examination must be indicated in the conclusion of the commission. In the event of an unforeseen change in the person's condition, the re-examination can be carried out ahead of schedule: at the reasonable request of the person himself or the administration from his place of work and by the decision of the medical institution, health authority or court (this applies to both limiting and admitting conclusions). In any case, the term of validity of the conclusion on the unsuitability of a person to perform certain types of professional activity or activity associated with a source of increased danger may not exceed five years. With some mental disorders, it is immediately clear that after 5 or even more years in a person's condition there can be no changes that would make it possible to reconsider the conclusion about unfitness (for example, with a deep degree of oligophrenia, unfavorable epilepsy, etc.). However, if a person or his relatives do not agree with this conclusion, then after 5 years they may require a new re-examination. This term seems optimal for a person to be able to resolve the issue of employment in another specialty, and cannot lead to a senseless waste of time by commissions due to unreasonably frequent re-examination of the same person.

Materials used for comment:

1) COMMENTARY TO THE LAW OF THE RUSSIAN FEDERATION OF JULY 2, 1992 N 3185-1 "ON PSYCHIATRIC HELP AND GUARANTEES OF CITIZENS 'RIGHTS WHEN IT IS PROVIDED" CHRISTMAS 2006

2) "THE LEGISLATION OF THE RUSSIAN FEDERATION IN THE FIELD OF PSYCHIATRY. COMMENTARY ON THE LAW OF THE RF" ON PSYCHIATRIC CARE AND GUARANTEES OF THE RIGHTS OF CITIZENS IN ITS PROVISION " STATE SCIENTIFIC CENTER FOR SOCIAL AND JUDICIAL PSYCHIATRY V.P. SERBIAN 2002 Under the general editorship of Academician of the Russian Academy of Medical Sciences, Doctor medical sciences, Professor T.B. Dmitrieva. Second edition, revised and enlarged.

Mandatory psychiatric examination of citizens applying for a certificate of employment, driving a car, possession of a weapon.

In accordance with the Order of the Ministry of Health and Social Development of Russia dated 12.04.2011. No. 302 "On Approval of the List of Harmful and Dangerous Production Factors and Work in the Performance of Which Preliminary and Periodic Medical Examinations are Carried Out, and the Procedure for Conducting Mandatory Preliminary Medical Examinations for Employees Employed in Heavy Work and at Work with Harmful and Dangerous Working Conditions" 04/28/1993 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 "and the Orders of the Ministries of Health of the regions of the Russian Federation -" On psychiatric examination of candidates for drivers and drivers Vehicle, as well as citizens for the issuance of a license for the right to acquire weapons ”, a compulsory psychiatric examination of citizens was organized for the implementation of certain types of professional activities associated with the influence of harmful substances and unfavorable production factors.

This type of examination is not included in the Program of state guarantees for the provision of medical care to citizens of the Russian Federation, approved by the decree of the Government of the Russian Federation dated 05.12.2008. No. 913 and implementation on a gratuitous basis is not possible.The cost of the examination is calculated by costs: direct (the work of a commission consisting of three doctors - psychiatrists, a medical registrar) and overhead (stationery, transport) costs, the price is agreed with the Office of the Federal Antimonopoly Service for the region of the Russian Federation, today it is 280 rubles.

1. In accordance with the Decree of the Government of the Russian Federation of April 28, 1993 No. 377, mandatory psychiatric examination for the implementation of certain types of professional activities and activities associated with a source of increased danger is carried out at least once every 5 years.

2. In accordance with the Procedure for conducting preliminary and periodic examinations of Order No. 302n dated 04/12/11, the decision of the medical commission that conducted the mandatory psychiatric examination must be pasted into the employee's Health Passport upon admission to work and subsequently, with periodic examinations at least once every 5 years ...

3. A citizen applies to the PND address with a passport, military ID (for men), the employer's referral (in case of employment) to the informant.

4. The informant verifies the fact that a citizen had previously applied for help to a psychiatrist using the institution's electronic archive. If there is a fact of appeal, the citizen is sent to the registry of the dispensary department for the adult population (hereinafter referred to as PDO for the adult population).

5. In the absence of the fact of appeal, the citizen is issued a coupon indicating the date and time of examination by a commission of specialists of the institution (examination for the possession of personal weapons is carried out by one doctor, a psychiatrist).

6. A citizen, in accordance with the information (date and time) on the coupon, applies to the registrar for payment and referral to the commission of specialists.

"On the passage of a 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 unfavorable production factors), as well as those working in conditions of increased danger"

As of August 2014.

4. The examination of the employee is carried out by a medical commission created by the health management body (hereinafter referred to as the commission).

5. The examination of the employee is carried out at least once every 5 years.

6. An employee for passing the examination presents a direction 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 substituting identity document.

7. The examination of the employee is carried out within a period not exceeding 20 days from the date of his appeal to the commission.

For the purpose of examination, the commission has the right to request additional information from medical institutions, about which the employee is notified.

The Commission makes an appropriate decision within 10 days after receiving additional information.

8. When passing the examination, the employee can receive clarifications on issues related to his examination.

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) indicated in the direction for certification.

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

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT PASSING THE MANDATORY

PSYCHIATRIC EXAMINATION BY EMPLOYEES,

CARRYING OUT SEPARATE KINDS OF ACTIVITIES, INCLUDING

NUMBER OF ACTIVITIES RELATED TO SOURCES OF INCREASED

HAZARDS (WITH THE EFFECT OF HARMFUL SUBSTANCES AND ADVERSE

PRODUCTION FACTORS), AS WELL AS WORKERS

IN CONDITIONS OF INCREASED HAZARD

(as amended by the Resolution of the Government of the Russian Federation of 01.02.2005 N 49)

In accordance with Article 213 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides:

1. To approve the attached Rules for passing compulsory psychiatric examination by employees carrying out certain types of activities, including activities related to sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as those working in conditions of increased danger.

2. The Ministry of Health and social development Of the Russian Federation to carry out organizational and methodological work on issues related to the passage of a 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 unfavorable production factors), as well as those working in conditions of increased danger.

(as amended by the Resolution of the Government of the Russian Federation of 01.02.2005 N 49)

3. To invalidate 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 the Resolution of the Council of Ministers - the 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" (Collection of acts of the President and the Government of the Russian Federation, 1993, N 18, art. 1602).

Prime Minister

Russian Federation

M. KASYANOV

Approved

Government Decree