LawRegulatory Compliance

How to conduct the survey: the procedure and conduct

The current legislation provides for an examination. It is used in different cases. In particular, he is appointed in the court session to establish the sanity of the citizen, in the event that the driver stops the vehicle, if the inspector of the State Traffic Safety Inspectorate has grounds to suspect that the subject took alcohol before driving. Examination may not concern the state of health of a citizen. For example, it is carried out in the construction sector. In this case, it involves checking the structures, buildings, structures for compliance with accepted standards. Let's consider further how to conduct an examination in some areas of activity.

Driver inspection

Examination of the state of intoxication is carried out if the inspector of the State Traffic Safety Inspectorate has grounds to assume that the driver took alcohol or narcotic substances before departure. According to the provisions of the law, the procedure is carried out in the direction of the employee. It is made in the presence of 2 witnesses. In addition, the fact of sending a citizen to a medical examination is recorded in the protocol. A copy of this document is provided to the driver.

Where is the procedure performed?

Medical examination is carried out in a specialized institution. It can be stationary or a mobile item. Directly the procedure itself is performed by a qualified doctor. If an accident or stoppage of the vehicle occurred in the area where such an institution is not available, it is performed by a paramedic. In this case, before the examination, the specialist is preliminarily trained. In the course of it, he clarifies the issues related to the goals and objectives of the procedure.

Result

As a result of the inspection, an inspection certificate is issued. It is made in 3 copies. The certificate of survey shall include information on:

  1. The date of the procedure.
  2. Characteristics of the subject under test. This section describes the appearance of a citizen, his behavior, emotional background, features of speech, complaints about the state (if any).

Based on the act, a conclusion is drawn up. In it, depending on the result, indicate whether or not a state of intoxication has been established or not established.

Rules of implementation

The procedure for the survey does not imply a specific sequence of activities. The main thing is that all the proper procedures are performed. Today, there is an opinion that the doctor primarily performs a preliminary examination, then an examination to determine the clinical signs, and only after that the specialist passes to the examination of the exhaled air by the person being tested. However, in practice this does not always happen that way. The doctor has the right to begin by examining the air exhaled by the citizen, and then move on to other mandatory activities. The inspected subject can express refusal of survey. In this case, the corresponding entry will be made in the logbook. In practice it happens that the procedure can not be performed due to the condition of the citizen. In such situations, the journal indicates the reasons why the measures can not be carried out.

Additionally

In the event that signs of alcohol intoxication are not identified, the citizen is sent for examination for the presence in the body of psychotropic and narcotic compounds. This procedure is performed in specialized laboratories of the chemical-toxicological direction. Based on the results of the survey, a certificate is issued, which is attached to the certificate. The Code of Administrative Offenses does not provide for mandatory printing of the results of the procedure. This means that the paper medium with the results is not attached to the certificate.

Features of the conclusion

It is issued only when, during the examination, the fact of the presence of alcohol in the body in a concentration exceeding the permissible level has been established. When performing the procedure, the technical means by which measurements are taken should be used with an interval of 20 minutes. As for citizens who are not drivers, the survey is conducted for them separately. In these cases, the positive results of the comprehensive survey will serve as the basis for the conclusion of the conclusion. After it is performed, air is taken to check the presence of alcohol in it, as well as body fluids. It should be noted that laboratory studies in such cases are mandatory.

Additional categories of audited persons

In the previous paragraph, it is mentioned about the obligation to conduct medical examination for subjects who are not drivers. We are talking about machinists, flight crew members, other citizens whose activities are directly connected with sources of high danger. The latter, for example, include operators at nuclear power plants. For these categories of persons, the state of intoxication is determined by the presence of appropriate clinical signs. In this case, the concentration of alcohol in the body is taken into account. It is defined in the framework of laboratory research. In the case of positive results of the survey, the said persons shall be discharged from the performance of their duties.

Concentration

The current indicators of the permissible alcohol content are established in the guidelines for drawing up the medical examination conclusion. According to the document, a slight degree of intoxication is a condition in which alcohol is found in the body in a concentration of 1-2%. If the content of alcohol in biological fluids is 0.022-1 ppm, in conclusion, the absence of clinical signs is indicated.

Controversial moments

Judicial practice indicates certain problems in the application of the rules governing the process of medical examination. So, in the Armed Forces a petition was filed challenging the order of the Ministry of Health concerning the rules of procedure. The court at the hearing of the case ruled that a qualified medical officer can draw conclusions about the fact that the citizen is or is not drunk. At the same time, in his opinion, the doctor relies on the indications obtained with the use of a special measuring instrument. The plaintiff argued in the statement that in the body of each person there is a certain amount of endogenous alcohol. This concentration is determined by the technical means, as a result of which it gives evidence, according to which the subject is considered drunk, even if he did not drink alcohol. The Armed Forces considered these arguments to be untenable. In support of its position, the court referred to the explanation of the Ministry of Health that the resolving power of the measuring instruments used in the performance of medical examination significantly exceeds the permissible amount of endogenous alcohol. In this regard, its share is not determined in the course of the procedure. Accordingly, the existing concentration in no way affects the results of medical examination. The claim of the subject, therefore, was rejected. At the same time, the court recognized that in the process of medical examination it is necessary to take into account the existing error of the measuring instruments used. Legislation at the present time has set it at a rate of 0.16 mg / liter of air.

Expert opinion

Many experts point out that in practice many norms come into conflict with each other. In this case, direct medical examination is carried out using special measuring instruments. This, in turn, gives experts reason to believe that to perform the procedure there is no need to have any special knowledge in the field of health. Meanwhile, the norms stipulate the mandatory conduct of the examination by competent doctors and in a specialized institution. All these subtleties must be remembered in case of need to pass a test. When the doctor performs the examination, experts recommend that you carefully monitor compliance with the requirements established by law. The assumption of errors, even in some cases minor, can cause serious problems.

Inspections in industry

During the operation of the equipment a set of measures is carried out, the purpose of which is to confirm the safety and operability of the facilities. Unlike diagnostics, a technical survey is carried out with respect to aggregates, the period of use of which has not yet expired. At the same time, laboratory studies are not performed under the procedure. Based on the results of the verification activities, a corresponding entry is made in the equipment data sheet. Before carrying out the survey, a list of objects to be inspected is compiled. These include, in particular, vessels used under pressure, structures, buildings, various devices, etc. Technical inspection is carried out by specialists of commercial structures having the appropriate rights and a certified laboratory for nondestructive testing. As a rule, the procedure is carried out on schedule. The frequency of inspections is specified either by the manufacturer of the equipment or by legislation.

Scope of construction

Legislation provides for mandatory certification of hidden works. This procedure is performed to evaluate certain activities. In particular, works are checked whose results affect the safety of the facility, but, according to the adopted technology, are unavailable for supervision after the start of production of the following operations. The inspection is carried out with respect to the completed sections of the engineering network and building structures, the elimination of defects in which is impossible without damage to the subsequently attached elements. Thus, before carrying out the survey, part of the object is disassembled. In the process of implementing the procedure, employees of relevant government oversight structures can participate. If necessary, independent experts can be involved in the audit. The contractor must notify the other participants about the deadlines for their implementation no later than three days before they begin. The results of the acceptance are entered in the certificate of survey of works. The developer (the customer) has the right to demand a second inspection of the object after elimination of the deficiencies.

conclusions

As you can see, the procedure of certification is conducted in a variety of areas that are not related to each other. In all cases, it is regulated by law. The main purpose of the verification measures is to establish the conformity of the state of the equipment, human health, structures, structures, etc. to the prescribed regulations. In industry, the survey involves assessing the level of operability of objects. Often the results of the inspection depend not only on the productivity of the enterprise, but also on the safety of the personnel. A certain complexity is the procedure for assessing the quality of hidden works. The main problem is that it can not be performed without some damage to existing structural elements. Meanwhile, the procedure is mandatory, as by its results the quality of the implemented measures is determined, which affect the security of the structure as a whole. Similar goals are pursued by driver's certification. The only difference is that the check is necessary to confirm the absence of a threat from the driver's side to other traffic participants. If the results of the survey show the presence of alcohol in the body, the citizen will be deprived of the right to operate the machine. It is worth saying that the current legislation has toughened the responsibility for drunk drivers. When re-detained, a motorist faces criminal penalties.

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