Thus, according to paragraph 3.2.2.4. of the Order of the Ministry of Health and Social Development of Russia dated 12.04.2011 No. 302n (hereinafter referred to as the "Order"), mandatory preliminary and periodic medical examinations of employees are carried out in the presence of an electromagnetic field of the broadband frequency spectrum from personal electronic computers at the workplace (hereinafter referred to as the "PC") if the work of reading, entering information, working in the dialog mode amounts to at least 50% of the working time (for example, working at a computer). Such medical examinations should be carried out both when applying for a job (preliminary) and at least once every 2 years (periodic). Medical examinations should be carried out by a neurologist and an ophthalmologist. The Order also establishes a list of ongoing studies and contraindications to work.
At the same time, there is a contradictory practice of applying this norm. For example, in the Letter of Rostrud dated 02/28/2017 No. T3/942-03-3, the point of view was expressed that if there are results of a special assessment of working conditions confirming optimal or permissible working conditions at such workplaces, these employees do not need to undergo mandatory medical examinations.
Later, the Ministry of Labor of the Russian Federation in a letter dated 19.12.2017 No. 15-2/B-3361 indicated that the need for mandatory medical examinations was dictated only by the presence of harmful or dangerous production factors, regardless of the class of working conditions established by a special assessment of working conditions.
In judicial practice, there are also cases when administrative fines imposed on employers for allowing these employees to work without conducting preliminary and periodic medical examinations are recognized as legitimate. In particular, the Pskov Regional Court concluded that accountants must undergo medical examinations, since they are at least 50% of the working time engaged in reading and entering information in a dialogue mode in a PC (Decision of the Pskov Regional Court of May 14, 2018 in case No. 21-94/2018).
In addition, as far as we know, in 2017-2018, the Ministry of Labor of Russia was working to change the list of harmful and (or) hazardous production factors and works, during which preliminary and periodic medical examinations are carried out. In particular, it was proposed to exclude from this list the work related to the operation of a PC. However, to date, the relevant changes have not been adopted.
For admission to work of an employee who has not passed mandatory medical examinations in accordance with the legislation or in the presence of medical contraindications, Article 5.27.1 of the Code of Administrative Offences of the Russian Federation provides for liability in the form of an administrative fine for officials in the amount of 15,000 rubles to 25,000 rubles, for legal entities – from 110,000 rubles to 130,000 rubles. At the same time, administrative fines can be applied for each employee who has not passed a mandatory medical examination.
Repeated commission of a similar administrative offense may entail for an official an administrative fine in the amount of 30,000 rubles to 40,000 rubles. or disqualification for a period of 1 to 3 years, for legal entities – an administrative fine in the amount of 100,000 rubles to 200,000 rubles. or administrative suspension of activity for up to 90 days.
In this regard, before making appropriate changes to the legislation, we recommend ensuring that preliminary and periodic medical examinations are carried out to all employees of the organization who are engaged in reading and entering information in a dialog mode in a PC for at least 50% of their working time.