Life and health - what could be more valuable? In the modern world you can buy anything, but health and life, unfortunately, you cannot. Our health is unique and therefore priceless. You must treat your health extremely carefully and seriously, take care of it and avoid situations that could lead to its undermining or weakening. One of the most important aspects of caring for life and health is prevention, including immunoprophylaxis of viral diseases. For medical workers, such protection is most relevant, because employees of medical organizations come face to face with various diseases and viruses every day.
In this article, we will try to understand what exactly this type of immunoprevention of viral diseases as vaccination is, determine the degree of its importance for employees of medical organizations, as well as the legal aspects associated with it.
Medical worker concept
According to paragraph 13 of Art. 2 Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation” (hereinafter referred to as Federal Law No. 323), we can consider a medical worker to be an individual who has a medical or other education, works in a medical organization and in labor ( whose official responsibilities include the implementation of medical activities, or an individual who is an individual entrepreneur directly engaged in medical activities.
Moratorium and extension of documents for medical workers in 2021
Moratorium and extension of documents
Let's consider what is the procedure for admission to medical practice in 2021?
The Ministry of Health approved order No. 58n dated 02/08/2021 “On the specifics of the admission of individuals to carry out medical activities and (or) pharmaceutical activities without a specialist certificate or a specialist accreditation certificate and (or) in specialties not covered by a specialist certificate or a specialist accreditation certificate , in 2021."
How are documents renewed?
The order extends until December 31, 2021 the validity of accreditation certificates and certificates of doctors if they expire during the period of Government Decree No. 440 (came into force on April 6, 2020).
IMPORTANT!!! The validity period is extended by exactly 1 year from the date of expiration of the certificate, and each certificate has its own expiration date. In other words, a number of health workers may have their documents expire this spring, even taking into account the extension.
The moratorium is valid until June 1, 2021
The moratorium applies to the issuance of certificates, but not to the completion of accreditation. It affects only certain categories of doctors.
Thus, until June 1, 2021, only the following categories of specialists will not be able to obtain an accreditation certificate:
- completed advanced training programs;
- educated in a foreign country;
- having a diploma of professional (non-medical) education.
Thus, accreditation of specialists will begin after the specified date, so health workers can continue to undergo training and accumulate CME points.
conclusions
Health workers can study through professional retraining programs and work on the basis of a diploma without waiting for admission to medical school. activities. At the same time, there is no moratorium on primary specialized accreditation, i.e. you can go through it if you want.
It is necessary to begin preparations for periodic accreditation, especially if the specialist’s certificate expires in the near future (including the accumulation of CME points).
All medical specialists who can be admitted to medical practice without certificates or certificates of accreditation in 2021 are required to take continuing education courses. The volume of training must be at least 36 hours, and the courses themselves are determined by the specific type of activity.
If a healthcare worker is cleared to work with patients with COVID-19, he should undergo appropriate training.
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Vaccination concept
In accordance with Art. 1 Federal Law “On immunoprophylaxis of infectious diseases” dated 17.09. 1998 No. 157-FZ (as amended on December 31, 2014) (hereinafter referred to as Federal Law No. 157), vaccination or prophylactic inoculation is considered to be the introduction of immunobiological drugs into the human body for immunoprophylaxis in order to create specific immunity to infectious diseases. In non-medical terms, a vaccination is the introduction of a weakened “version” of the virus to a person in order to develop immunity to the disease.
Can a health worker refuse vaccination and how does this threaten the clinic?
You cannot force someone to get vaccinated. The work of health workers is associated with a high risk of contracting infectious diseases, therefore preventive vaccinations are mandatory for them (Clause 2, Article 5 of the Federal Law of September 17, 1998 No. 157-FZ “On the Immunoprophylaxis of Infectious Diseases”, hereinafter referred to as Law No. 157-FZ). However, they have the right to refuse (Part 1, Article 5 of Law No. 157-FZ).
The employer is responsible for immunoprophylaxis and epidemiological safety (Article 1 of Law No. 157-FZ, Article 1 of Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population”)
If vaccination against COVID-19 is made mandatory or included in the vaccination calendar established by Order of the Ministry of Health dated March 21, 2014 No. 125n, the clinic will have to remove some of those who refuse to work (clause 2 of Article 5 of Law No. 157-FZ). Otherwise, you will receive an order to eliminate violations or a fine.
The chief sanitary doctor of the Russian Federation or a region, if there is a threat of infectious diseases, may order additional vaccination (Article 10 of Law No. 157-FZ). But now there are no rules or regulations requiring vaccinations against COVID-19. If they appear, the list of required vaccinations will be expanded.
A medical organization is obliged to immunize its personnel (clause 15.1 of SanPiN 2.1.3.2630–10 “Sanitary and epidemiological requirements for organizations engaged in medical activities”). For violating sanitary and epidemiological rules, clinics are usually fined 10–20 thousand rubles. or stop their work for up to 90 days (Part 1, Article 6.3 of the Administrative Code). But from April 1, the responsibility was tightened. For the same violation during an emergency or quarantine, if there is a threat of the spread of a dangerous disease, the fine will be 200–500 thousand rubles. (Part 2 of Article 6.3 of the Administrative Code).
The Ministry of Justice has prepared a draft of the new Code of Administrative Offenses, in which the fines for the clinic are lower: 20–30 thousand rubles. It is unknown when and in what edition this document will be adopted. For now, please keep in mind the current regulations.
You cannot be disciplined for refusing to vaccinate. This is not a disciplinary offense (Article 192 of the Labor Code), but a legal right of a citizen
The importance of vaccination for healthcare workers
As mentioned above, carrying out preventive vaccinations for employees of medical organizations is extremely important and relevant. Strong immunity is a kind of armor for the body. Medical workers, due to the specifics of their work, need especially strong, unshakable health protection. Antiviral vaccinations provide such protection effectively. However, it cannot be said that any preventive measure must be timely. The same applies to vaccinations.
Legal regulation of vaccination
Preventive vaccinations are carried out in accordance with 2 procedures specified in Federal Law No. 157, namely:
- within the framework of the national calendar of preventive vaccinations;
- according to epidemic indications.
Thus, in order to prevent viral diseases in the Russian Federation, according to Art. 9 Federal Law No. 157, a national calendar of preventive vaccinations has been established. Its legislative concept is contained in Art. 1 of the same law. The national calendar of preventive vaccinations should be understood as a regulatory legal act that establishes the timing and procedure for carrying out preventive vaccinations for citizens.
In turn, Art. 10 Federal Law No. 157 establishes vaccination according to epidemic indications. Preventive vaccinations for epidemic indications are carried out to citizens when there is a threat of infectious diseases, the list of which is established by the Ministry of Health of the Russian Federation. The legislator has not given the legal concept of “epidemic indications,” however, this term should be understood as the spread or threat of spread of viral diseases among the population.
A distinctive feature of preventive vaccinations carried out according to epidemic indications is their administration to people at high risk of infection as soon as possible before the expected rise in incidence, for example, medical workers, epidemiologists.
"Vaktrivir": triple protection against viruses
Another combined multicomponent vaccine developed by NPO Microgen is the Vaktrivir vaccine, which protects against three viruses at once: measles, rubella and mumps. To date, this is the only domestic three-in-one vaccine against these diseases. In accordance with the National Preventive Vaccination Calendar (NCPV), vaccination against measles, rubella and mumps is carried out at the age of 12 months, revaccination at 6 years.
Measles is considered one of the most contagious diseases in the world, and complications from it are often fatal. Rubella is especially dangerous during pregnancy, as it can cause damage to the fetus. Mumps is less contagious and dangerous, but its complications can cause infertility and other ailments. Timely vaccination builds immunity to fight these infections.
The three-component drug Vaktrivir was registered in 2019 and has been supplied to doctors since last year. NPO Microgen produces the vaccine entirely from Russian components. The production of Vaktrivir is carried out in a full cycle, and the enterprise’s capacity is sufficient to meet the state’s needs for vaccination within the framework of the NCPP.
National calendar of preventive vaccinations
The national calendar of preventive vaccinations is of priority importance for the prevention of viral diseases among citizens. This regulatory legal act applies to absolutely all categories of citizens. Vaccinations for epidemic indications, on the contrary, are carried out in a certain territory, at a certain time, among a certain group of the population.
A detailed list of vaccinations, the timing of their implementation, as well as the categories of citizens who need compulsory vaccination are established by Order of the Ministry of Health of Russia dated March 21, 2014 No. 125n “On approval of the national calendar of preventive vaccinations and the calendar of preventive vaccinations for epidemic indications.” This national calendar of preventive vaccinations began its operation on May 27, 2014. Until this moment, the Order of the Ministry of Health and Social Development of the Russian Federation dated January 31, 2011 No. 51n “On approval of the national calendar of preventive vaccinations and the calendar of preventive vaccinations for epidemic indications” was in effect. The old calendar contained such a concept as “immunization”, for example, it included immunization against measles and rubella. In addition, the old document did not contain such important preventive vaccinations for the entire population as vaccination against viral hepatitis A, against chickenpox, against pneumococcal infection, against rotavirus infection, against Haemophilus influenzae infection.
As part of the national calendar of preventive vaccinations, a calendar of preventive vaccinations for epidemic indications has been created.
The national vaccination calendar has a clear division of citizens into categories subject to compulsory vaccination, as well as an indication of which vaccinations should be given to which categories.
Thus, from the national calendar of preventive vaccinations, the following vaccinations can be distinguished, which are required for medical workers.
Preventive vaccinations are mandatory for medical workers | |
According to the national calendar of preventive vaccinations | According to the Calendar of Preventive Vaccinations for Epidemic Indications (within the framework of the national calendar of preventive vaccinations) |
Vaccination against diphtheria, tetanus - revaccination every 10 years | Vaccination against viral hepatitis A |
Vaccination and revaccination against viral hepatitis B | Vaccination against shigellosis |
Vaccination against measles, revaccination against measles (adults up to 35 years of age (inclusive), who have not been sick, not vaccinated, vaccinated once, who have no information about vaccinations against measles; adults from 36 to 55 years of age (inclusive), belonging to risk groups (including including employees of medical organizations), who have not been sick, who have not been vaccinated, who have been vaccinated once, who have no information about vaccinations against measles | Vaccination against polio |
Flu vaccination | |
Vaccination against rubella, revaccination against rubella (women from 18 to 25 years old (inclusive) who have not been sick, not vaccinated, vaccinated once, who have no information about vaccinations against rubella) |
In addition, persons working with live cultures of the following viruses are also subject to mandatory vaccination: tularemia, plague, brucellosis, anthrax, rabies (“street” rabies), leptospirosis, tick-borne viral encephalitis, Q fever, yellow fever, typhoid fever.
Based on this Order, all employees of medical organizations, as persons exposed to a high probability of viral diseases, must be vaccinated according to the established calendar, as well as in the event of an epidemic threat.
"MeningoVac A+S": be careful, meningococcus!
The beginning of this year was marked by the appearance of another important vaccine, MeningoVac A+S, among the drugs of the Nacimbio holding company registered by the Ministry of Health. This is a bivalent polysaccharide vaccine for the prevention of meningococcal infection in the population aged 18 to 60 years.
Photo: Nacimbio
Meningococcal infection is a very dangerous infectious disease. Once in the body, meningococcus can cause a variety of reactions - lesions of the nose and mouth, brain lesions such as meningitis and encephalitis, diseases of various organs and tissues. Children under 5 years of age are particularly affected by the infection. The disease develops rapidly, and the most effective means of preventing it is vaccination.
NPO Microgen is the only Russian manufacturer of meningococcal vaccine. This year, the Nacimbio holding will be able to offer the drug to the market and begin deliveries as part of the National Vaccination Calendar. "MeningoVac A+C" includes the two most common serotypes of the pathogen. The Rostec enterprise is already working on the creation of a quadrivalent vaccine against four serogroups A, C, Y and W of meningococcal infection.
Right of medical workers to vaccination
In Art. 18 Federal Law No. 323 states that everyone has the right to health care.
In accordance with paragraph 1 of Art. 4 Federal Law No. 323, the Russian state ensures compliance with the rights of citizens in the field of health care.
In addition, in Art. 19 of the same law enshrines the right of everyone to medical care. By medical care we mean, in accordance with paragraph 3 of Art. 2 Federal Law No. 323, a set of measures aimed at maintaining and/or restoring health and including the provision of medical services.
Also, in paragraph 2 of part 5 of Art. 19 of the above-mentioned law states that every patient has the right to prevention.
So in paragraph 8 of Art. 4 of Federal Law No. 323 states that prevention in the field of health care has a priority role.
Based on this in Art. 5 Federal Law No. 157 lists the basic rights of citizens when implementing immunoprophylaxis. These include the right to free preventive vaccinations included in the national calendar of preventive vaccinations for epidemic indications in medical organizations of the state health care system and the municipal health care system.
The role of the nurse in cancer prevention
In addition to her main responsibilities regarding maintaining the satisfactory physical condition of the patient, the nurse carries out additional educational work. A competent explanatory conversation helps the patient either come to terms with the disease or be inspired to persistently fight against it.
The problem that is relevant specifically for cancer is that people are afraid to hear a diagnosis of cancer for themselves or their loved ones, so they do not perceive any information about the disease, hoping that it will never affect them.
Thus, the cancer patient is left alone with his diagnosis. In this situation, it is difficult to overestimate the role of the nurse, who must choose the right words and, based on her professional experience, reassure the patient, motivate him to live on and set him up to fight for health.
Mandatory vaccination of medical workers
Today in the Russian Federation there is a certain list of work, the performance of which is associated with a high risk of infectious diseases and requires mandatory preventive vaccinations. This list was established by Government Decree No. 825 dated July 15, 1999 “On approval of the list of works, the performance of which is associated with a high risk of infectious diseases and requires mandatory preventive vaccinations.”
According to this list, the following works can be identified that are clearly related to the functional responsibilities of medical workers. Thus, the following persons are subject to mandatory vaccination:
- working with patients with infectious diseases;
- working with live cultures of infectious disease pathogens;
- working with human blood and biological fluids.
Clause 8.4.1 of the Resolution of the Chief State Physician of the Russian Federation dated February 28, 2008 No. 14 “On approval of sanitary and epidemiological rules SP 3.1.1.2341-08” obliges all medical workers to be vaccinated against hepatitis B upon hiring.
In addition, clause 4.2 of the Resolution of the Chief State Doctor of the Russian Federation dated December 9, 2010 No. 163 “On approval of SanPin 2.1.7.27.90.-10 “Sanitary and epidemiological requirements for the management of medical waste” clearly indicates the mandatory vaccination of personnel working with medical waste, in accordance with the national and regional calendar of preventive vaccinations. Personnel who are not immunized against hepatitis B are not allowed to work with medical waste of classes B and C (epidemiologically hazardous waste and extremely epidemiologically hazardous waste, respectively).
Vaccinating healthcare workers against influenza for patient safety
Reading time: 3 min. Healthcare commissioning inspectors are interested in programs that improve safety and ensure successful patient outcomes.
Moreover, we are talking not only about the safety of the medical equipment installed in the clinic for the patient. They are also seeking to expand flu vaccinations to eliminate “human factors” from the list of potential dangers. More and more large healthcare organizations are introducing immunization requirements not only for clinical staff, but also for external contractors. Research shows that the cleanliness of a patient's hospital environment may be affected by unvaccinated people. Therefore, maintaining human health in healthcare is as important as quality improvement programs aimed at ensuring the safety of medical devices.
But hospitals have faced challenges administering vaccinations for years because of fear among employees and sometimes because of inconclusive data about the effectiveness of the proposed shot. Clinic staff understand the importance of maintaining equipment and the environment in good condition for quality treatment results, but do not consider their own impact on the level of cleanliness and safety. A hospital influenza vaccination program is not only important from a clinical point of view, it is partly “promotional” in nature and sets a good example for patients.
“During the 2014-15 season, when vaccination rates against illness caused by any influenza virus were less than 20%, vaccination prevented 11,000 to 144,000 influenza-related hospitalizations and an estimated 300 to 4,000 deaths. outcomes,” the CDC said in a statement. In 2021, a pediatric study became the first of its kind to show that influenza vaccination significantly reduces the risk of death in children from the disease. The paper also suggests that the more people who get vaccinated, the more will be protected from influenza, including high-risk groups such as the elderly, infants, pregnant women and people with certain chronic diseases that weaken the immune system.
Even with healthcare worker engagement rates of about 60%, hospitals must advance their vaccination programs. Accreditation agencies for medical institutions require this activity from them. “The Joint Commission has mandated infection control for all health care organizations receiving its accreditation. This is about creating an annual flu vaccination program for all employees, including licensed independent practitioners and non-clinical staff,” said Michael Kulczycki, executive director of the Joint Commission's Ambulatory Health Care Programs.
“The safety and well-being of our patients is at the core of the mission of Johns Hopkins Children's Hospital,” the organization says on its website. — Every year, approximately 36,000 people die and 226,000 people are hospitalized due to the flu. These deaths are avoidable. Mandatory annual influenza vaccination demonstrates our commitment to protecting the safety and health of our patients, many of whom already have weakened immune systems, as well as the health of their visitors, our colleagues and our families.”
Participation in programs
Participating in flu programs can be compared to wearing a seat belt in a car, protecting you from serious injury or even death. The vaccine works the same way; it has protective properties, regardless of the strain. Hospitals, along with the Centers for Disease Control and Prevention, have developed programs that teach health care workers how to take charge of their health. The center offers assistance in communicating with staff, including a customized brochure for internal staff called "I Won't Spread the Flu." To gain employee support, hospitals have initiated incentive programs. Examples include:
- gift certificates to popular local coffee shops;
- cash prizes;
- Proof of participation stickers for employee badges.
Unfortunately, there are still employees who refuse vaccination. However, health care organizations don't want to be caught up in a costly and often public lawsuit. Some require unvaccinated employees in the hospital workplace to wear a paper respirator during flu season.
Expanding Vaccination Requirements
Leading healthcare organizations in the United States are expanding mandatory vaccination requirements for staff to include third-party providers. Health care companies UNC Healthcare and the Cleveland Clinic, for example, require contractors to get flu shots. Many children's hospitals also force contractors to comply with internal mandatory vaccination policies. For example, Johns Hopkins Hospital's policy covers volunteers, students, interns and temporary workers who must get a flu shot.
The US Centers for Disease Control and Prevention takes a similar position. “Although more effective vaccines are needed, vaccination prevents significant hospital burdens caused by influenza each year,” the agency wrote in its latest influenza report. The Advisory Committee on Immunization Practices recommends vaccinating not only clinical staff, but also workers in hospital cafeterias, pharmacies, laundries, security services, technical services, accounting departments and even specialists performing autopsies.
The importance of keeping medical equipment in excellent condition for patient safety is clear to everyone. Maintaining the health of healthcare workers is no less important for achieving quality treatment results. There is evidence to demonstrate the value of expanding influenza programs to include non-clinical staff as well as clinical staff. And this trend is growing.
Tom Wellington
Refusal of a medical worker to vaccinate
Based on the above Resolutions, as well as in accordance with the provisions of the National Preventive Vaccination Calendar, it becomes clear that all medical employees are subject to mandatory vaccination. However, we should not forget about the right of every citizen to refuse preventive vaccinations in accordance with Art. 5 Federal Law No. 157, however, such a refusal can lead to very negative consequences. For detailed information on this issue, read our article “Refusal of vaccination by a medical worker.”
Responsibility for administering vaccinations to health care workers
We have already found out that vaccinating medical workers is not just important, but necessary. However, the question quite reasonably arises: who should organize and ensure preventive vaccinations for health workers? The workers themselves or the employers?
To receive a preventive vaccination, a citizen must give informed voluntary consent to medical intervention.
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By medical intervention we can understand, on the basis of Art. 2 Federal Law No. 323, performed by a medical worker in relation to a patient, affecting the physical or mental condition of a person and having a preventive, research, diagnostic, therapeutic, rehabilitation focus, types of medical examinations and/or medical manipulations (vaccination, in turn, refers to medical manipulation).
In Part 1. Art. 20 Federal Law No. 323 states that a necessary precondition for medical intervention is the giving of informed voluntary consent of a citizen or his legal representative to medical intervention on the basis of complete information provided by a medical worker in an accessible form about the goals, methods of providing medical care, associated risks, possible options medical intervention, its consequences, as well as the expected results of medical care.
Part 7 of the above article also states that informed voluntary consent to medical intervention is formalized in writing, signed by the citizen, as well as by a medical professional, and is contained in the patient’s medical documentation.
Order No. 19n of the Ministry of Health and Social Development of Russia dated January 26, 2009 approved a sample of voluntary informed consent for preventive vaccinations for children or refusal of them. This sample reflects all legal aspects of preventive vaccinations and refusal of them and can be adapted and used for the adult population.
Vaccination of medical workers in Moscow
On September 15, government medical organizations in Moscow began voluntary vaccination of health workers against COVID-19. We are talking about doctors who come into daily contact with patients with symptoms of acute respiratory infections and are at maximum risk of infection.
First of all, staff of outpatient CT centers, doctors and nurses in ARVI rooms, employees of the home health care department, including nurses who draw blood and other biomaterial, are being vaccinated.
To vaccinate doctors, on September 11, Moscow received the first batch of the Gam-COVID-Vac vaccine (trademark Sputnik V), developed by the National Research Center for Epidemiology and Microbiology named after N.F. Gamaleya. A total of 3,472 doses have been allocated, each consisting of two separately packaged components. The resulting vaccine was distributed between city and federal (one thousand doses) treatment organizations.
City vaccination centers for doctors operate in the following clinics:
— city clinic No. 3 (Ermolaevsky lane, building 22/26);
— city clinic No. 8, branch 3 (Bolshaya Ochakovskaya street, building 38);
— city clinic No. 11 (Vernadsky Avenue, building 9/10);
— city clinic No. 19, branch 2 (Armavirskaya street, building 2/20);
— city clinic No. 45 (5th Voikovsky proezd, building 12);
— city clinic No. 64, branch 2 (Ladozhskaya street, building 4/6, building 1);
— city clinic No. 67 (Varshavskoe highway, building 19, building 3);
— city clinic No. 180 (Uvarovsky lane, building 14);
— city clinic No. 214 (Eletskaya street, building 14);
— city clinic No. 218 (Shokalsky proezd, building 8, building 1);
— city clinic No. 68, branch 1 (Bolshoy Strochenovsky lane, building 23).
Since September 15, 126 medical workers of the city health system have been vaccinated.
Particular attention is paid to the requirements for vaccine delivery and storage. It was transported in thermal containers at a temperature of minus 20 degrees. The vaccine was placed in a validated freezer located in a pharmacy warehouse, which maintains a temperature of minus 25 degrees.
Upon admission, each package was scanned, and information about it was transferred to the drug movement monitoring system. From the pharmacy warehouse, the vaccine was transported to the city’s medical institutions on specialized validated vehicles in thermal containers. In medical institutions, the vaccine is stored in refrigerators.
“Refrigerators provide the necessary temperature conditions for storage - it is very important for this vaccine. And we have equipped all our clinics with such refrigerators. As soon as there is the required volume that is put into public circulation, we will expand vaccination points to all clinics in the city,” said Deputy Mayor of Moscow for Social Development Anastasia Rakova.
In the near future, it is planned to open another 74 citizen vaccination centers. First, they will vaccinate medical workers and employees of the capital’s education system. And in the future - other categories of city residents.
Responsibility for ensuring vaccination of workers
As for the employer, Art. 212 of the Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on December 31, 2014) states that the responsibility for ensuring safe conditions and labor protection rests with the employer. Labor protection, on the basis of Art. 209 of the Labor Code of the Russian Federation, we consider a system for preserving the life and health of workers in the process of work, which includes legal, socio-economic, organizational, technical, sanitary and hygienic, treatment and preventive, rehabilitation and other measures.
So, in Part 1 of Art. 223 of the Labor Code of the Russian Federation states that sanitary, household and medical provision of workers in accordance with labor protection requirements is the responsibility of the employer.
In addition, in Art. 11 Federal Law dated March 30, 1999 No. 52-FZ (as amended on December 29, 2014) “On the sanitary and epidemiological welfare of the population” states that individual entrepreneurs and legal entities, in accordance with the activities they carry out, are obliged to develop and carry out sanitary and anti-epidemic (preventive) measures .
Also, in the Decree of the Chief State Sanitary Doctor of the Russian Federation dated April 30. 2003 No. 82 (ed. 06/10/2003) “On the implementation of sanitary and epidemiological rules SP 3.1.2.1319-03” Prevention of infectious diseases. Prevention of influenza, it is said that compliance with sanitary rules is mandatory for citizens, legal entities and individual entrepreneurs, regardless of departmental affiliation and forms of ownership.
Thus, we can conclude that the obligation to provide vaccinations for medical workers is the direct responsibility of the employer, including the financing of these activities.
List of regulatory legal acts:
- Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ;
- Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”;
- Federal Law of September 17, 1998 No. 157-FZ “On Immunoprophylaxis of Infectious Diseases”;
- Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population”;
- Order of the Ministry of Health of Russia dated March 21, 2014 No. 125n “On approval of the national calendar of preventive vaccinations and the calendar of preventive vaccinations for epidemic indications”;
- Government Decree No. 825 dated July 15, 1999 “On approval of the list of works, the performance of which is associated with a high risk of infectious diseases and requires mandatory preventive vaccinations”;
- Resolution of the Chief State Physician of the Russian Federation dated February 28, 2008 No. 14 “On approval of sanitary and epidemiological rules SP 3.1.1.2341-08 “Prevention of viral hepatitis B. Sanitary and epidemiological rules”;
- Resolution of the Chief State Doctor of the Russian Federation dated December 9, 2010 No. 163 “On approval of SanPin 2.1.7.27.90.-10 “Sanitary and epidemiological requirements for the management of medical waste”;
- Resolution of the Chief State Sanitary Doctor of the Russian Federation dated November 18, 2013 No. 63 “On approval of sanitary and epidemiological rules SP 3.1.2.3117-13 “Prevention of influenza and other acute respiratory viral infections.”
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Vaccinations for employees | Justification of the obligation
Yes, many can say that the employer is obliged to provide safe working conditions for his employees (Article 22, Article 212 of the Labor Code), but the population must also be confident not only in quality, but also in safety (Article 11, Article 24 , Article 32 No. 52-FZ).
It turns out that the situation is controversial, and the employer does not have the right to force employees to get vaccinated, but is obliged to take part in immunization.
But the employer has the powers granted by Part 2 of Art. 5 No. 157-FZ. Due to the lack of preventive vaccinations, citizens can be refused employment or suspended from performing duties, but only those that are associated with a high risk of contracting and spreading infectious diseases.
For this purpose, a list of jobs has been developed where the employer is obliged to monitor the vaccinations of its employees, because there is a risk of the occurrence and spread of infectious diseases and that is why preventive vaccination of employees is necessary. (RF Government Decree No. 825).
List of works required for vaccination:
An employer whose employees are included in this list must necessarily use the national calendar of preventive vaccinations and the vaccination calendar for epidemic indications (Order of the Ministry of Health No. 125n)
This is necessary because the list of works and the vaccination calendar complement and clarify each other, which categories of workers should receive them.
It contains clarifications:
- What categories of workers are required to be vaccinated?
- Up to what age is it permissible to vaccinate?
- Frequency of immunoprophylaxis.
- What vaccinations are required for employees?
That is, to take and vaccinate all employees, for example, of medical institutions, and in case of refusal you do not have the right, you should make sure that employees are included in the list and calendars of professional vaccinations and according to epidemiological indications.
If in doubt, check with Rospotrebnadzor.
And these are, as a rule, contacts, that is, be extremely careful when making a list of positions, the issue is quite complex and if you remove an employee who is not entitled to it, he can easily be reinstated through the court.