We, as a consulting company RACIO., sincerely believe that there should be some logic in every procedure or process. Otherwise, there must be some regulation that directly obliges a business to act illogically, but legally.
Everything that falls into the category of “logic” must be implemented – because the safety of employees directly depends on this. Everything that falls into the category – the requirements of the law – must be met in order to ensure the legal security of the business.
What to do with the procedures and requirements that do not fall completely into any of these categories? A vivid example of such a procedure is a medical examination of personnel who work at a computer.
Let’s start by looking for logic.
Hereinafter we will simplify and shorten some terms to make the text more understandable.
Medical examinations are of three types:
1. Primary and periodic medical examinations at work.
2. Medical examinations with getting sanitary books.
3. Medical examinations for drivers.
The logic of these procedures is as follows:
In the first case, during the initial medical examination – to reject a person who cannot to do this or that job. In this case, this is not about any work, but about some types of work, which are called: “work with increased danger and work that require special professional selection.”
After a person has been allowed to perform work on the results of a physical examination, periodically, once a year (or every two years) he undergoes periodic (yes, this is a tautology) medical examinations.
Help you figure it out?
The meaning of repeated medical examinations is as follows:
1. Is this person still suitable for this job?
2. Did he have any disease during the execution of the work?
3. And if it arose and the employee’s health continues to deteriorate, then it follows that the disease is “professional” and something is not at this enterprise so with the hazards and hazards of production.
That is, this type of medical examinations is designed to preserve the health of workers before and during specific work (climbers, electricians, etc. .).
There is a law too. It is called Order No. 246 of the Ministry of Health of Ukraine. You can read more here.
Medical examinations of the second type, with a sanitary book, are not sent inside the enterprise, but outside.
The purpose of this medical examination is not to save the life and health of an employee, but to protect clients from possible illness . After receiving a sanitary book, an employee can interact with visitors, and visitors are not at risk of being infected by an employee. Therefore, San books are issued to representatives of such professions as the seller, teacher, waiter, etc.
There is logic. The legal framework is here:
The third and individual case – medical examination of candidates for drivers. Allocated to a separate legislative act, but the logic of the document is the same as in the first case – to prevent unsuitable and track down the professionally ill.
Office staff is subject to the requirements of Law No. 246 MoH Ukraine.
Back to our computer users.
According to logic and legislation, they fall under the first type of medical examinations, which are regulated by Order No. 246 of the Ministry of Health.
According to this order, namely Addendum 4 p. 5.2.4. tables users of personal computers 1 time per year must undergo a medical examination by a neurologist, Laura and an ophthalmologist. It seems to be the logic and the law here come into contact. In fact, this is where the most interesting begins.
Literally the position in Section 5.2.4. sounds like: “Users of electronic computers with a video display terminal.” A reasonable question arises, what is this “video display terminal (VDT)”?
This term is revealed in two documents that act simultaneously (oh times! o mores!).
The working conditions of users of electronic computers (in 2017 from the birth of Christ they are called PCs) must meet the requirements of the State Sanitary Rules and Regulations works with visual display terminals of electronic computers DSANP_N 3.3.2.007-98, approved by the decree of the Chief State Sanitary Doctor of Ukraine dated December 10, 1998 No. 7.
The document is fully accessible here .
In these very rules, the term video display terminal is defined as:
“The rules apply to the conditions and organization of work when working with visual display terminals (VDT) of all types of domestic and foreign production based on cathode ray tubes (CRT) …
According to this definition, our user is not subject to the order number 246 of the Ministry of Health of Ukraine. Where was the last time you saw a pot-bellied monitor based on a tube? On olx?
However, there is a second document. It is called the “Rules of labor protection during the operation of electronic computers” and is dated less shaggy year 2010.
You can read it completely here.
It defines the PC operator more concisely: computer operator with VDT and CHP is an employee using screen devices during their work.
Following this document, all employees who use PCs in their work must undergo a medical examination once a year.
It is to this document that government officials most often appeal when they insist on a medical examination for PC users.
Which is stronger than the Rules or the Sanitary Rules is very often decided by the more persistent position of one or another party to the dispute. It is possible to prove with conviction one or the other position.
Thus, the medical examination of personal computer users is like a Schrödinger cat. Needed at the same time and no.
Need advice on labor protection?
Is it difficult for you and you think you are confused?
We have not yet told you about the document, which is called “Hygienic classification of labor according to indicators of hazard and danger of working environment factors, severity and tension of the labor process ”, approved by the order of the Ministry of Health of Ukraine dated April 8, 2014 No. 248.
With its help, this theorem can be solved in another way, different from those used in this article.
If this article did not give you an answer to your question, it only confused you more – ask for help from professionals . Or call us. We advise interesting and free.