Question
Nurse Red,
Can a carrier medically disqualify a driver when they have already passed the DOT physical and nothing about their medical conditions have changed and when a specialist have verified that they are cleared to go OTR?
Answer
Ladyf,
This is a real grey area. A carrier may chose not to hire or use a driver if there is a medical condition that they feel is unsafe. Unfortunately a lot of carriers are under pressure from their insurance companies to eliminate any detrimental safety factors.
You do have a course of action though. Please check out our website. There is a section there that addresses issues such as this. You may need to request a review and/or hearing from your state DOT office on this one.
Try to get the carrier to put something in writing indicating the reason for disqualifying the driver. Should you decide to fight this legally, they can't change their story later and say there was some other reason to not hire him.
Please keep us posted on how this goes for you.
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Keeping you safe, healthy, and on the road.
Nurse Red
Visit us at www.Truck.net/abmsVisit us at
Answer
I believe carriers can require physicals that are more stringent than the basic DOT requirements, if there is some logical reason for it. For example, operating a chemical tanker puts you in some environmentally stressful situations. I've had loads of products like nitric acid and sodium hypochlorite where you need the full safety suit plus full face resperator. After unloading on a 100-degree Mississippi afternoon, I have literally poured water out of my chemical boots.
Answer
Nurse Red,
Just a thought...why don't you share some of that information in the Medical Read Only Forum also?
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"The heart is the happiest when it beats for others."
~ Mary ~
Answer
I should have been clearer about the physical. He had already passed the company's physical, had been driving for them for 4 months (has 4years OTR experince). It wasn't until I made a complaint to the safety dept about them not getting him home in time to get his meds refilled (and another issue) that they decided that he was medically unfit to drive.
Answer
Ladyf,
AHA! The plot thickens!
OK, forst of all, there are ways of getting med refills without getting home. Your spouse should get the name and phone number of a pharmacy where he is located at the moment (like during a short layover). Call the Dr. and have him call prescription refills to that pharmacy. Or, your hubby can go into a pharmacy and have them call his Dr. who will authorize the refills right over the phone. This should resolve this situation provided the physician will refill the meds without needing to re-evaluate his condition.
Now, I don't know what the other issue is that you complained about, and I may be WAAAAYYY out of line on this one..... but isn't it HIS responsibility to complain to the company? It is HIS job and HIS health, correct?
It seems as if your complaints got the opposite reaction of what you were after and have actually made the matter worse.
Now mind you, I am NOT defending the company's stand or course of action on this, they are definitely out of line and may have opened themselves a real big can of worms. Unless they can justify his disqulaification through a written company policy that supercedes the DOT regs., they may be in violation of the Americans with Disabilities Act. And this is serious business. If they have terminated him for this reason without a written policy to stand behind, you need legal cousel at this point. At the very least, you need to start the "Resolution of Conflict" process at your state DOT level. You can find more info on this process at our website.
Please keep us posted on the progress of this situation. I am very interested in how this turns out for you all.
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Keeping you safe, healthy, and on the road.
Nurse Red
Visit us at www.Truck.net/abmsVisit us at
Answer
First of all I don't want to make you feel bad or cause discord in your marital relations, but you put the company in an untenable position by making such a complaint. You essentially told them something bad could happen if you don't straighten out your scheduling. And you "flagged" his personel file subjecting to to intense scrutiny. Under no circumstances did you have any business making that telephone call. That being said, everyone makes mistakes and you simply have to go on.
There are enough jobs out there so your husband can go elsewhere, fortunately. Many, many years ago I had a girlfriend make such a telephone call on the basis of a confidential conversation I had with her and she caused me loss of the job, which I forgave her for. Nobody but your husband should be interfacing with his company.