New Ministry of Health order: when an employer can refer an employee to a psychiatrist in 2026.

      From March 1, 2026, a Ministry of Health order expanding employers' rights in the field of health protection comes into force

      From March 1, 2026, Order No. 833n of the Ministry of Health of the Russian Federation dated October 5, 2023, comes into force, introducing significant changes to the procedure for conducting mandatory medical examinations of employees. The key innovation is the formalization of the employer's right to initiate sending an employee for psychiatric examination when there are medical indications. This measure is aimed at implementing the provisions of Article 213 of the Labor Code of the Russian Federation and at enhancing the prevention of occupational risks.

      Legal grounds and procedural algorithm for referral

      It is important to emphasize that the employer's right is not arbitrary. The basis for issuing a referral is exclusively the conclusion of the medical commission of the medical organization conducting the periodic or pre-employment medical examination. If, during the examination — including an examination by a psychiatrist — signs of a mental disorder are detected, the commission records this in its conclusion and recommends an in-depth psychiatric evaluation.

      An employer receiving such a conclusion is obliged to issue an administrative document (an order) directing the employee to be examined at a licensed medical organization. An employee's refusal to undergo this procedure without valid reasons may be regarded as failure to follow a lawful order of the employer and may result in disciplinary action up to suspension from work in accordance with part one of Article 76 of the Labor Code of the Russian Federation.

      Purposes, scope and legal consequences of the examination

      The examination itself is carried out within the framework established by the Law of the Russian Federation "On Psychiatric Care and Guarantees of Citizens' Rights in Its Provision." Its standard scope includes:

      1. A clinical interview with a psychiatrist.

      2. Collection and analysis of the medical history (course of the condition).

      3. Assessment of the mental state at the time of examination.

      The key outcome is not the establishment of a diagnosis, but the determination of whether, given the state of mental health, the employee is capable of performing certain types of activities or working in the specific working conditions indicated in the referral.

      Based on the results, a conclusion is issued, which may take three main forms:

      1. Fit without restrictions. The employee is permitted to perform their duties in full.

      2. Temporarily unfit. A temporary restriction is imposed for certain types of work. The employer is obliged, for this period, to transfer the employee to another available job that is not contraindicated for health, or to suspend them with pay of not less than two-thirds of their average earnings.

      3. Unfit. The employee is declared completely incapable of performing the work of their profession (in the specified conditions), which may be grounds for termination of the employment contract under paragraph 8 of part one of Article 77 of the Labor Code of the Russian Federation.

      For employers, the innovation creates an additional legal instrument for managing professional risks, especially in positions associated with sources of increased danger, vehicle operation, or servicing large numbers of people. This helps reduce the likelihood of incidents caused by inadequate employee behavior and promotes a more responsible approach to occupational safety.

      For employees, the procedure guarantees that the decision about their professional fitness is made on the basis of an objective medical conclusion rather than a manager's subjective assessment. It also serves as a mechanism for early detection of potential health problems and timely provision of assistance. All medical data are medical confidentiality and may not be disclosed to the employer in full without the employee's consent — only the final conclusion on fitness/unfitness is communicated to the employer.

      The introduction of this norm is a logical step in the development of the system of workplace health protection, moving it from the realm of general medical examinations to a more detailed and targeted assessment of professional risks. The success of its implementation will depend on strict compliance with procedure, the qualifications of medical commissions, and a balanced approach by employers, who should use the new right not as a punitive measure but as an element of prevention and care for the wellbeing of the workforce.

      Yulia Kazamarova

      More news about the event:

      New Ministry of Health order: when an employer can send an employee to a psychiatrist in 2026

      From March 1, 2026, an order of the Ministry of Health expanding employers' rights in the field of health protection comes into force

      From March 1, 2026, Order No. 833n of the Ministry of Health of the Russian Federation dated October 5, 2023, comes into force, 10:25 12.01.2026 News Zainsk - Zainsk

      New Ministry of Health order: when an employer can send an employee to a psychiatrist in 2026

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      From March 1, 2026, Order No. 833n of the Ministry of Health of the Russian Federation dated October 5, 2023, comes into force, 09:55 12.01.2026 Zainsk-Inform - Zainsk

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