Conducting medical examinations of employees in 2022

In accordance with the requirements of the Procedure for medical examinations of certain categories of workers, approved by the order of the Ministry of Health of Ukraine dated 21.05.2007 № 246 work is underway to determine the category of workers subject to preliminary (periodic) medical examinations in 2022.

The procedure for medical examinations of workers engaged in heavy work, work with harmful or dangerous working conditions or those where there is a need for professional selection and persons under 21 years of age is determined by the Procedure for medical examinations of certain categories approved by order of the Ministry of Health of Ukraine from 21.05.2007 № 246.

The employer or his representative must submit to the Main Department of State Labor an application to determine the categories of employees subject to medical examination in 2022.

The following is attached to the application:

     staff list or statement with a list of structural units and all professions;

     data of laboratory researches of working conditions on all trades with definition of all harmful and dangerous factors of production environment and labor process on concrete workplaces of workers according to hygienic classification of work on indicators of harmfulness and danger of factors of production environment, weight and intensity of labor process.

After reviewing the submitted documents by an occupational health specialist with the participation of a representative of the primary trade union organization or a person authorized by the employees, an Act determining the category of employees subject to preliminary (periodic) medical examinations (hereinafter – the Act) in 2022.

The Act includes data on harmful and dangerous factors of the production environment and labor process and data on work for which a preliminary (periodic) medical examination is mandatory.

At the time of hiring, as well as in the case of transfer to another job, the employer must issue a referral to the employee for a mandatory preliminary medical examination in the prescribed form. The direction must specify the characteristics of the working conditions of the worker. In turn, information on the characteristics of working conditions for each profession is contained only in the Act.

On the basis of the Act, the employer compiles four copies of personal lists of employees subject to periodic medical examinations in 2022 (hereinafter – the List) within a month and agrees with a specialist in the department of occupational health. One copy of the List remains at the enterprise, the second is provided to the health care institution for medical examination of employees, the third is provided to the Department of Occupational Health of the Main Department of the State Labor, the fourth to the working body of the Social Insurance Fund of Ukraine.

Then the employer enters into an agreement on medical examination only with the health care institution that has the second, first or higher accreditation category, a license to practice medicine, which has a commission for medical examinations (hereinafter – the Commission), and doctors are trained on occupational pathology.

The health care institution draws up a schedule of medical examination of employees of the enterprise and coordinates it with the employer and the territorial institution of the State Labor Service..

The employer must ensure timely and organized attendance of employees for medical examination and examination.

Based on the results of periodic medical examinations (within a month after their completion), the Commission of the health care institution draws up a Final Act on the results of periodic medical examinations of employees (hereinafter – the Final Act), which consists of six copies – one copy remains in the health care facility. the medical examination, others are provided to the employer, the representative of the trade union organization or the person authorized by the employees, the territorial body of the State Labor Service, the working body of the executive directorate of the Fund, the occupational pathologist.

Specialists of the Department of Occupational Health during the signing of the Final Act provide recommendations for improving working conditions and prevention of occupational diseases, which are mandatory. When signing the Final Act, the employer provides information on the implementation of the measures proposed in the Final Act for the previous year and information on persons who did not pass the medical examination and the reasons why they did not pass the medical examination.

According to Article 17 of the Law of Ukraine “On labor protection”, paragraph 3.9 of the Procedure for medical examinations of certain categories of employees, approved by the order of the Ministry of Health of Ukraine from 21.05.2007 № 246, the employer has the right to engage an evading employee from mandatory medical examination to disciplinary liability, and is obliged to remove him from work without pay.