INFORMATION SHEET

regarding the issue of medical support

in the field of road safety

Ukraine ranks among the first in Europe in terms of road traffic injuries. Every year we lose more than 3,500 people in road accidents (hereinafter referred to as accidents), and 10 times more are injured. This situation, regarding accidents involving vehicles and the relevant provisions of the Directives of the European Parliament and the European Council, indicate the need to improve the requirements for the health of drivers, their psychophysiological state, which requires control by medical professionals.

The driver must have the necessary physical and psychological qualities and his physical and mental state must allow him to drive a vehicle and quickly respond to the situation that develops while driving. Proper organization of preliminary, periodic, extraordinary, pre-trip and post-trip medical examinations of vehicle drivers is an integral part of road accident prevention.

In order to increase the level of road safety, prevent and reduce the negative consequences of road accidents, the Government of Ukraine and relevant ministries have adopted a number of regulatory and legal acts that regulate the issue of medical support for road safety.

In accordance with Article 45 of the Law of Ukraine “On Road Traffic” dated July 16, 1993 No. 3353-12, a medical examination is conducted to determine the ability of driver candidates and drivers to safely drive vehicles. The specified inspection includes: preliminary, periodic, variable pre-flight and post-flight inspections, as well as extraordinary inspections due to necessity. The frequency of examinations, the procedure for conducting them and sending drivers for extraordinary examinations are determined by the joint order of the Ministry of Health of Ukraine and the Ministry of Internal Affairs of Ukraine "On approval of the Regulations on medical examination of driver candidates and drivers of vehicles" (hereinafter referred to as the Regulations) dated 01.31.2013 No. 65/80.

According to clause 1.4 of the Regulations, drivers of vehicles of enterprises, institutions and organizations, regardless of their form of ownership, and individual entrepreneurs are subject to periodic pre-trip and post-trip medical examinations, that carry out passenger and cargo transportation. Examinations are carried out by medical doctors and/or junior medical workers with medical education in the specialty "nursing", "medical care" (clause 1.8. Regulations).

Pre-trip and post-trip medical examinations of drivers are carried out in a special room designated for this purpose. The premises must be equipped in accordance with the Equipment Table of a permanent special premises for conducting pre-trip and post-trip medical examinations of vehicle drivers, given in Appendix 2 to the Regulations.

The results of the pre-trip and post-trip medical examination are entered into the Journal of alternating pre-trip and post-trip medical examinations of drivers in the form in accordance with Appendix 3 to the Regulations.

If signs of temporary incapacity are detected, the driver is not allowed to drive a vehicle. Drivers suspended from work due to health reasons are sent to a healthcare facility for further examination.

If signs of a disease or defect are detected, included in the List of diseases and defects in which a person cannot be allowed to drive relevant vehicles, approved by order of the Ministry of Health of Ukraine dated 24.12.1999 No. 299, the carrier, upon the recommendation of a medical professional, sends the driver for an extraordinary medical examination.

It should also be noted that other regulatory and legal acts are no less important and regulate the need for periodic medical examinations of drivers.

1. Resolution of the Cabinet of Ministers of Ukraine “On approval of the Licensing Conditions for conducting economic activities in the transportation of passengers, dangerous goods and hazardous waste by road” dated 02.12.2015 No. 1001:

part 1, clause 1. clause 10 - drivers are allowed to work provided that there are no contraindications due to health conditions according to the results of a medical examination;

p.13 – medical workers conducting periodic medical examinations of drivers must have the qualifications of a medical doctor and/or a junior medical worker with a medical education in the specialty "nursing", "medical care";

p.1, c.1, c.16 - the licensee is obliged to keep documents on drivers' periodic and variable medical examinations - for three years;

p.2, c.16 - the licensee authorizes the driver(s) to conduct periodic inspections during long trips or order the provision of relevant services from maintenance and repair providers;

c.10 c.16 - monitor the health of drivers by: - hiring medical personnel or concluding a contract with a business entity;

-  ensuring that drivers undergo periodic medical examinations;

-  conducting daily medical examinations of drivers in a designated and specially equipped room;

c.5, c.26 - the material and technical base that ensures the implementation of technological operations for the organization of road transportation includes, among other things, a special room for conducting periodic medical examinations of drivers, which meets the requirements of the equipment list of a permanent special room for conducting pre-trip and post-trip medical examinations of vehicle drivers on a shift basis.

2.  Resolution of the Cabinet of Ministers of Ukraine “On Approval of Licensing Conditions for Conducting Business Activities in Medical Practice” dated 02.03.2016 No. 285:

p.18 - pre-trip and post-trip inspections of drivers are carried out by:

- concluding an agreement with a licensed outpatient clinic, according to which the relevant services will be provided by a separate structural unit of the outpatient clinic;

- or opening of medical offices by individual entrepreneurs who conduct medical practice on the basis of a license;

- or obtaining a license by enterprises, institutions, organizations and establishments and opening, on the basis of their regulatory document, a medical office without establishing a healthcare institution that will operate in accordance with the regulations on such an office.

3.  Law of Ukraine "On Road Traffic" dated 16.07.1993 No. 3353-12:

p.1, a.12 - enterprises, institutions and organizations, regardless of the forms of ownership and management, develop and implement measures to ensure road traffic safety;

p.2 a.12 – officials responsible for the operation and technical condition of vehicles are obliged to:

- ensure the selection, improvement of qualifications and professional level of drivers, monitor their health and compliance with the work and rest regime;

- not allow persons to drive vehicles who have not passed the established medical examination period, are in a state of alcoholic, narcotic or other intoxication, or are under the influence of medications that reduce their attention and reaction speed;

p.1 a.46 - the administration of enterprises, institutions and organizations, regardless of the form of ownership and management, whose staff includes drivers, is obliged to provide drivers with premises for carrying out medical and preventive measures;

p.2 a.46 - for medical control of drivers' services and their rehabilitation by enterprises, institutions, organizations regardless of the form of ownership and management, with the number of drivers of 100 or more people, departmental specialized medical, paramedical and rehabilitation centers are created, medical and sanitary units, outpatient departments and health care institutions, and if the number of drivers is less than 100 people, contracts are concluded with territorial medical institutions for their medical care.

4. Law of Ukraine "On Road Transport" dated 05.04.2001 No. 2344-3:

p.1 a.18 - In order to organize safe work and effectively monitor the work of vehicle drivers, road carriers are obliged:

- implement measures aimed at ensuring road safety;

- organize and monitor the timely completion of medical examinations by drivers;

p.2 a. 30:

- A road carrier that carries out passenger transportation on contracted routes is obliged to:

- ensure that personnel comply with the requirements of road transport legislation;

- ensure that pre-trip and post-trip medical examinations of vehicle drivers are carried out on a rotating basis;

p.1 a. 34:

- the road carrier must:

- to comply with the requirements of regulatory legal acts of Ukraine in the field of passenger and/or cargo transportation;

- ensure medical monitoring of drivers' health.

5. Order of the Ministry of Internal Affairs of Ukraine “On organizing the conduct of pre-trip and post-trip medical examinations of vehicle drivers” dated August 17, 2016 No. 843.

6. Order of the State Emergency Service of Ukraine “On approval of the Instructions for the operation of vehicles in bodies and units of the State Emergency Service of Ukraine” dated 06/27/2013 No. 432.

The legislation also provides for the liability of officials responsible for the operation of motor vehicles for failure to comply with the requirements for conducting periodic medical examinations of drivers, namely:

1. Code of Ukraine on Administrative Offenses dated 07.12.1984 No. 8073-10:

a. 128 - provides for the liability of officials responsible for the operation of motor vehicles for releasing drivers to the line without undergoing a regular medical examination and monitoring of the technical condition;

a.129, a. 130 - provides for responsibility for admitting to driving and operating vehicles drivers who are in a state of alcoholic, narcotic or other intoxication, or in a sick state, or under the influence of medications that reduce their attention and reaction speed, or those who have not passed a medical examination within the established period;

a. 133-1 – violation of the rules for the provision of services and safety requirements when providing services for the transportation of passengers or goods by road is the transportation of passengers or goods by a driver who has not undergone a pre-trip medical examination of vehicle drivers, or transportation without conducting a pre-trip inspection of the technical condition of vehicles.

2.  Criminal Code of Ukraine dated 05.04.2001 No. 2341-3:

ст. 287 - provides for criminal liability of officials responsible for the operation of motor vehicles for allowing a person to drive a vehicle who is intoxicated or does not have the right to drive a vehicle.

Paragraph 2 of the “Procedure for State Control of Road Transport”, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 08.11.2016 No. 1567, stipulates that all vehicles of domestic and foreign business entities engaged in road transportation are subject to state control. During scheduled and unscheduled inspections, compliance with the requirements for pre-trip and post-trip medical examinations of drivers is also checked. Periodic medical examinations of vehicle drivers are carried out by medical doctors and/or junior medical workers with medical education in the specialty "nursing", "medical practice". During such driver examinations, in addition to a general diagnosis of the driver's health, an examination is provided to determine whether the driver is in a state of alcohol, drugs or other intoxication or under the influence of medications that reduce attention and reaction speed. Conducting such an examination requires the medical professional to master special methods and tools, which is one of the key aspects of conducting periodic examinations of vehicle drivers and requires special attention.

The professional activities of such medical professionals are subject to inspections by the Ministry of Health of Ukraine, as the licensor for medical practice, and the State Transport Safety Service..

According to Art. 74, 77 of the Fundamentals of the Legislation of Ukraine on Healthcare, medical activities may be engaged in by persons who have the appropriate special education and meet the unified qualification requirements. Part 1, Clause "c" of Art. 77 of the Fundamentals of the Legislation of Ukraine on Healthcare provides for the right of medical and pharmaceutical workers to advanced training and retraining.

The Order of the Ministry of Health of Ukraine “On Advanced Training of Junior Specialists with Medical and Pharmaceutical Education” dated 07.09.1993 No. 198 and the Order of the Ministry of Health of Ukraine “On Advanced Training of Doctors (Pharmacists) at Information and Internship Courses” dated 22.07.1993 No. 166 provide for periodic advanced training. Internship courses are organized and conducted with the aim of acquiring specialized knowledge on certain medical problems, deepening professional knowledge, skills, and practical work skills in accordance with the specialty and position.

In addition, paragraph 3 of the “Procedure for sending drivers of vehicles for examination in order to detect a state of alcoholic, narcotic or other intoxication or being under the influence of drugs that reduce attention and reaction speed, and conducting such an examination”, approved by the resolution of the Cabinet of Ministers of Ukraine dated 17.12.2008 No. 1103, it is stipulated that the driver's examination is carried out by a doctor of a healthcare institution (in rural areas, in the absence of a doctor, by a paramedic of a paramedic-obstetric station who has undergone special training).

At the same time, we inform you that in accordance with paragraph 6 of the “Instructions on the procedure for detecting signs of alcoholic, narcotic or other intoxication or being under the influence of drugs in drivers of vehicles”, that reduce attention and reaction speed", approved by the joint order of the Ministry of Internal Affairs of Ukraine and the Ministry of Health of Ukraine dated 09.11.2015 No. 1452/735, the examination for intoxication is carried out by a doctor of a health care institution (in rural areas, in the absence of a doctor, by a paramedic of a paramedic-obstetrician station who has undergone special training).

Considering the above, it is clear that enterprise managers are obliged to organize advanced training of persons responsible for conducting medical examinations of drivers (medical workers), since they are responsible for ensuring the admission to work of drivers who provide road transport services. In turn, mastering the methodology for conducting periodic medical examinations of drivers by such medical workers is obvious, since it requires such medical workers to have knowledge, skills, and abilities related to the specifics of the activities of economic entities.