LEGAL ASPECTS OF ORGANIZATION AND CONDUCTING OF MEDICAL INSPECTION OF THE EMPLOYEES OF EDUCATIONAL ESTABLISHMENTS
Journal Title: Право та інновації - Year 2016, Vol 1, Issue 13
Abstract
Problem setting. The laws of Ukraine set the previous and periodic preventive medical inspection of employees whose professional or other activity related to the public service and could lead to the spread of infectious diseases, the occurrence of food poisoning, engaged in heavy work and work in harmful or dangerous working conditions, military personnel. Analysis of recent research and publications. Some aspects of mentioned issue have been studied by such scientists as: Yu. Eremenko, A. Ivanova, L. Yu Bugrov, E. V. Shestakova, V. G. Malov and others. Article’s main body. The medical inspection of employees provided by labor legislation, on the one hand, is the medical procedure, and on the second, – the mechanism to ascertain the capabilities of the employee to fulfill work without harm to his health. The employer must provide the funding and organization of previous (during hiring) and periodic (during the work activity) medical inspections of employees engaged in heavy work, work with harmful or dangerous conditions or those where is a need for professional selection, annual compulsory medical inspection of persons under 21 years. Medical inspections carried out by relevant health care establishment. The employee doesn’t lose his work place during the medical inspection. The purpose of the preliminary medical inspection is to determine the suitability of the employee to fulfill the appropriate work function and prevention of occupational diseases. Periodic inspection provides employee’s dynamic health surveillance under the influence of harmful occupational factors and also provides timely installation of the first signs of occupational diseases, its preventive care and detection of the disease that prevent the continuation of work in hazardous conditions. Exploring the process of preparation and conducting of the medical inspection, we can distinguish the following stages. Let’s consider them in detail. 1. Preparatory stage. It consists of the fact that the employer in concurrence with the relevant chief sanitary doctor makes a list of employees that need to be inspected. 2. Previous, periodic medical examination stage. At this stage the sanitary and epidemiological service with the participation of the representative of primary trade union organization or person authorized by employees to the December 1 draw up the Act of the categories of employees who should pass the periodic medical inspection. 3. On the basis of the mentioned Act the employer makes a list in 4 copies of employees who should pass the periodic medical inspection. 4. The employer makes an agreement with a health care establishment or continues the existing agreement and gives a list of employees who should pass the periodic medical inspection. 5. Based on the list the health care establishment makes a schedule of such inspection and negotiates it with the employer. Conclusions and prospects for the development. The timely organization of the procedure of medical inspection is important not only for the health of employee, but for his surrounding, because due to the medical inspection the employee has the opportunity to prevent the occurrence and development of occupational disease.
Authors and Affiliations
A. A. Konopeltseva
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