The current legislation provides for a survey. It is used in various cases. In particular, he is appointed at a court session to establish the sanity of a citizen, in case of stopping the driver of the vehicle, if the traffic police inspector has reason to suspect that the subject was taking alcohol before driving. Survey may not concern the state of health of a citizen. For example, it is carried out in the field of construction. In this case, it involves checking structures, buildings, structures for compliance with accepted standards. Further we will consider how to conduct an examination in some areas of activity.
Driver check
A drunkenness test is carried out if the traffic police inspector has reason to believe that the driver was taking alcohol or drugs before leaving. According to the provisions of the law, the procedure is carried out in the direction of the employee. It is drawn up in the presence of 2 witnesses. In addition, the fact of sending a citizen for a medical examination is recorded in the protocol. A copy of this document is provided to the driver.
Where is the procedure performed?
A medical examination is carried out in a specialized institution. It can be stationary or be a mobile point. The procedure itself is performed by a qualified doctor. If an accident or vehicle stop occurred in the area where such an institution is absent, it is carried out by a paramedic. At the same time, before conducting an examination, the specialist undergoes preliminary training. In the course of it, questions regarding the goals and objectives of the procedure are explained to him.
Result
Based on the results of the inspection, an inspection certificate is issued. It is compiled in 3 copies. Information on the following shall be entered in the inspection certificate:
- The date of the procedure.
- The characteristics of the subject being tested. This section describes the citizen's appearance, his behavior, emotional background, speech features, complaints about his condition (if any).
On the basis of the act, a conclusion is drawn up. In it, depending on the result, indicate whether the state of intoxication is established or not established.
Execution Rules
The survey procedure does not imply a specific sequence of activities. The main thing is that all the proper procedures are followed. Today there is an opinion that the doctor first of all carries out a preliminary examination, then an examination to determine the clinical signs, and only after that the specialist proceeds to examine the exhaled air by the inspected. However, in practice this is not always the case. The doctor has the right to start by examining the air exhaled by the citizen, and then proceed to other mandatory measures. The inspected entity may express a rejection of the survey. In this case, the corresponding entry will be made in the registration journal. In practice, it happens that the procedure cannot be performed due to the state of the citizen. In such situations, the journal indicates the reasons why the activities cannot be carried out.
Additionally
If signs of intoxication are not detected, the citizen is sent for examination for the presence of psychotropic and narcotic compounds in the body. This procedure is performed in specialized laboratories of the chemical-toxicological direction. According to the results of the inspection, a certificate is issued, which is attached to the act. The Code of Administrative Offenses does not provide for mandatory listing of the results of the procedure. This means that paper with the results is not attached to the act.
Features of the conclusion
It is made out only when, during the examination, the fact of the presence in the body of alcohol in a concentration exceeding the permissible level was established. When performing the procedure, the technical means by which measurements are taken should be used at intervals of 20 minutes. As for citizens who are not drivers, the survey is carried out separately for them. In these cases, the positive results of a comprehensive examination will serve as the basis for drawing up a conclusion. After its implementation, air is drawn in to check for the presence of alcohol, as well as body fluids. It should be noted that laboratory studies in such cases are mandatory.
Additional categories of audited entities
The previous paragraph mentioned the mandatory medical examination for entities that are not drivers. We are talking about engine drivers, flight personnel, and other citizens whose activities are directly related to sources of high danger. The latter, for example, include operators at nuclear power plants. For these categories of people, 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 determined in the framework of laboratory research. In case of positive results of the survey, these persons are suspended from the performance of their duties.
Concentration
The current indicators for the permissible alcohol content are set out in the guidelines for drawing up a medical examination conclusion. According to the document, a mild state of intoxication is considered a condition in which alcohol is detected in the body at a concentration of 1-2%. If the content of alcohol in biological fluids is 0.022-1 ppm, the conclusion indicates the absence of clinical signs.
Controversial issues
Judicial practice points to certain problems in the application of the rules governing the process of medical examination. So, an application was filed in the Armed Forces to challenge the order of the Ministry of Health regarding the rules of the procedure. The court in the proceedings of the case decided that a qualified health worker can draw conclusions that a citizen is or is not in a state of intoxication. Moreover, in his opinion, the doctor relies on the evidence obtained using a special measuring instrument. The plaintiff argued in a statement that there was a certain amount of endogenous alcohol in the body of each person . This concentration is determined by the technical means, as a result of which it gives evidence according to which the subject is recognized as drunk, even if he did not drink alcohol. The Supreme Court considered the above arguments to be untenable. In support of its position, the court referred to the explanations of the Ministry of Health that the resolution of the measuring instruments used during the medical examination significantly exceeds the permissible amount of endogenous alcohol. In this regard, its share is not determined during the implementation of the procedure. Accordingly, the current concentration in no way affects the results of the medical examination. The claim of the subject was thus 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 has currently established it in the amount of 0.16 mg / liter of air.
Expert opinion
Many experts point out that in practice, many norms conflict with each other. In this case, a direct medical examination is carried out using special measuring instruments. This, in turn, gives experts a reason to believe that there is no need to have any special knowledge in the healthcare sector to complete the procedure. Meanwhile, the norms establish the obligation to conduct an examination by competent doctors and in a specialized institution. All these subtleties must be remembered in case of need to pass the test. When the doctor performs the examination, experts recommend that you carefully monitor compliance with the requirements established by law. Making mistakes, even in some cases minor, can cause serious problems.
Industry Inspections
During the operation of the equipment, a set of measures is carried out, the purpose of which is to confirm the safety and performance of the installations. Unlike diagnostics, a technical survey is carried out for units whose use has not yet expired. However, laboratory tests are not performed as part of the procedure. Based on the results of verification activities, an appropriate entry is made in the equipment data sheet. Before conducting the survey, a list of objects to be examined is compiled. These include, in particular, vessels used in conditions of pressure, structures, buildings, various devices, etc. Technical examination is carried out by specialists of commercial structures that have the appropriate rights and a certified non-destructive testing laboratory. As a rule, the procedure is carried out as planned. The frequency of inspections is set either by the equipment manufacturer or by law.
Construction industry
The legislation provides for the mandatory examination of hidden works. This procedure is performed to evaluate certain activities. In particular, the work is checked, the results of which affect the safety of the facility, but, according to the adopted technology, are unavailable for supervision after the start of the following operations. The check is carried out in relation to the completed sections of the engineering network and building structures, the elimination of deficiencies in which is impossible without damage to subsequently attached elements. Thus, before conducting the survey, part of the object is disassembled. In the process of performing the procedure, employees of the relevant state supervisory structures may participate. If necessary, independent experts can be involved in the verification. The contractor must notify other participants of the deadlines no later than three days before they begin. The results of acceptance are recorded in the certificate of work inspection. The developer (customer) has the right to demand a repeated check of the object after elimination of the deficiencies.
conclusions
As you can see, the examination procedure is carried out in a variety of areas that are not related to each other. Moreover, in all cases, it is regulated by law. The main purpose of the verification activities is to establish the conformity of the state of equipment, human health, structures, structures, etc. to the established requirements. In industry, the survey involves assessing the level of performance of the facilities. Often, not only enterprise performance, but also personnel safety depends on the results of the audit. A certain complexity is the procedure for assessing the quality of hidden works. The main problem is that it cannot be performed without some damage to existing structural elements. Meanwhile, the procedure is mandatory, since its results determine the quality of the measures taken that affect the safety of the structure as a whole. Similar objectives are pursued by a driver's certification. The only difference is that the check is necessary to confirm the absence of a threat from the driver to other road users. If the results of the examination show the presence of alcohol in the body, the citizen will be deprived of the right to drive a car. It is worth saying that the current legislation has tightened liability for drunk drivers. Upon repeated detention, the motorist faces criminal penalties.