Publication date: 26.04.2024
active and purposeful military lawyer with more than 4 years of experience
Regarding the organization and conduct of medical examinations of employees of certain categories
Article 17 of the Law of Ukraine dated October 14, 1992 No. 2694-XII "On Labor Protection" (hereinafter - Law No. 2694) stipulates that the employer is obliged to provide financing and organize preliminary (at the time of hiring) and periodic (during employment) 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, annual mandatory medical examination of persons under the age of 21. According to the results of periodic medical examinations, if necessary, the employer must ensure the implementation of appropriate health measures. Medical examinations are carried out by relevant health care institutions, whose employees are responsible in accordance with the law for the compliance of the medical opinion with the actual state of health of the employee. The procedure for conducting medical examinations is determined by the central executive body, which ensures the formation of state policy in the field of health care.
About the algorithm for organizing medical examinations of employees
According to the order of the Ministry of Health of Ukraine dated May 21, 2007 No. 246 "Procedure for conducting medical examinations of employees of certain categories" (as amended), the algorithm for organizing preliminary (periodic) medical examinations is as follows.
1.Specialists of the departments of occupational hygiene and certification of workplaces according to the working conditions of the interregional State Labor Departments annually, upon the application of the employer (his representative), with the participation of a representative of the primary trade union organization or a person authorized by the employees, determine the categories of employees in accordance with the staff list, which are subject to preliminary (periodic) medical examinations and by December 1, draw up the Act of determining the categories of employees in two copies, which are subject to a preliminary (periodic) medical examination.
2. The employer preliminarily organizes laboratory studies of working conditions with the determination of harmful and dangerous factors of the production environment and labor process at specific workplaces of employees in accordance with the order of the Ministry of Health of Ukraine dated April 8, 2014 No. 248 "On the approval of State sanitary norms and rules "Hygienic classification of labor according to indicators of the harmfulness and dangerousness of the factors of the production environment, the difficulty and tension of the labor process" and submits these data (copies of the protocols of instrumental and laboratory studies of working conditions) together with the application for drawing up the Act to the territorial Department of Inspection of State Labor.
3. On the basis of the Act, the employer draws up within a month, in four copies, lists of names of employees who are subject to periodic medical examinations, according to the prescribed form. The specified lists are submitted for approval to the territorial Department of State Labor Inspection.
