Medical Examinations of Employees Involved in Traffic and Transportation

Abstract

The article is devoted to the study of the legal regulation of medical examinations of transport employees and identification of problems of differentiation of the legal regulation of relations in this area.The subject of the study refers to the legal norms that establish the list of persons subject to mandatory medical examination, the factors to be assessed during the conduct of a medical examination, as well as the procedure for conducting medical examinations.The objective of the study is to formulate the problems of legal regulation of medical examinations of employees involved in traffic and transportation, as well as to identify the need and real possibility of differentiating the legal regulation of medical examinations for various modes of transport, comprising road, railway, water and off-street transport.Empirical research consists of several stages. At the first stage, a selection of modes of transport was carried out that included road, railway, water, and off-street transport. Within the framework of the second stage, using systematic, formal legal and comparative legal methods, the legislation regulating the medical examinations of employees employed in these modes of transport was analysed.The results of the study show that today there is no legal act regulating the list of professions and positions and the procedure for passing a pre-trip (pre-shift) medical examination both for the entire crew of sea and river ship, and for employees whose labour function is directly related to vehicle movement; many normative acts come into conflict with each other and are partly outdated. In addition, as a result of the study, the authors established a digital transformation trend common to the legal regulation of most modes of transport: employers at the local level are trying to introduce automated systems for medical examinations to save financial and time resources. However, at the legislative level, such novels are permissible only in relation to aviation personnel. At the same time, the methods of conducting medical examinations, the established indicators and traumatic factors are not reoriented to conduct an examination through the use of digital technologies. The study concludes that there is a need for a differentiated approach to the legal regulation of the medical examination of employees involved in movement of transport vehicles, depending on the mode of transport.