Question
I am a newbie getting ready to venture into this exciting new career. My husband and I are pre-hired with USXpress to drive team. The only thing I am worried about is a prescription I am taking called Xanax. I have been on this medication for years, 7 to be exact, and I have no problems or side effects from it. When I called the safety dept. at USX their "expert" medical coordinator advised me that Xanax is on the DOT "forbidden" drug list and I could not take it (I can't find this list anywhere by the way). I use the medication for anxiety and without it I have panic attacks. I am prescribed 0.25 mg twice a day as needed. This lady also told me this is not a company policy, it's just a list they received from the DOT. Anyway, I contacted the United States Federal Motor Safety Administration and was advised that my doctors note should be suffice since the note clearly states that my prescription will not adversely affect my driving. He also did not find anything in the regs that state I cannot take it even with a note from my prescribing doctor. I already gave my two week notice to my current job and suppose to start school at USX on August 4th and I already sent in my $250 non-refundable deposit towards the tuition. So, my question is...Are there any drivers out here taking Xanax and if so, what does your DOT doctor say about it? Is there a DOT forbidden drug list out there? If so, where can I get a copy of it? I found out that Xanax is a Schedule 6 drug and also spoke to my husband's DOT company doc (at his current driving job) who said that it can be taken as long as I have a note from my doctor. Can USX disqualify me? They admitted it wasn't a company policy that I couldn't take Xanax. I just don't want to get down there and waste my time. When I asked the USX safety dept to call the Safety Administrator who I talked to she just said she would call him. When I called about 4 days later she still had not called him and didn't sound like she was. I know this is a common question to ask. But, my stomach is in knots. I can't seem to get a straight answer from USX. Another problem is my anxiety. Can I get disqualified because I have this? My doctor also stated in my letter that I am mentally stable (which I know I am too) to drive, so I have my backup. Any information you can provide would be greatly appreciated! Drive safe out there!!
Answer
And I dare anyone to come up with one on DOT letterhead!!!
Challenge that Dr. and ask him to provide you with a copy.
What the DOT told you is absolutely correct. Should they continue to deny you a job even with the statement from your Dr. Please call you state DOT office and ask how to file for a 'resolution of conflict'.
Click on my link below for our website, then scroll down for Resolution of Conflict for a definition and some ideas of what to do.
Keeping you safe, healthy and on the road.
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Keeping you safe, healthy and on the road.
Visit us at
Answer
Sorry for the late post.
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§391.41 Physical qualifications for drivers.
[excerpt]
(a) A person shall not drive a commercial motor vehicle unless he/she is physically qualified to do so and, except as provided in 391.67, has on his/her person the original, or a photographic copy, of a medical examiner's certificate that he/she is physically qualified to drive a commercial motor vehicle.
[excerpt]
(b)(12)(i) Does not use a controlled substance identified in 21 CFR 1308.11 Schedule I, an amphetamine, a narcotic, or any other habit-forming drug.
(b)(12)(ii) Exception. A driver may use such a substance or drug, if the substance or drug is prescribed by a licensed medical practitioner who:
(b)(12)(ii)(A) Is familiar with the driver's medical history and assigned duties; and
(b)(12)(ii)(B) Has advised the driver that the prescribed substance or drug WILL NOT ADVERSELY AFFECT THE DRIVER'S ABILITY TO SAFELY OPERATE A COMMERCIAL MOTOR VEHICLE; and
(b)(13) Has no current clinical diagnosis of alcoholism.
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To view 21 CFR 1308.11 Schedule I, click on the below Web address:
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2003/aprqtr/21cfr1308.11.htm
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I know that doctors live in expensive homes and drive cars that we could never afford, but they do pay about $100,000 a year in malpractice insurance premiums. Therefore, right or wrong, they tremble at the thought of qualifying any CMV driver if he/she is taking any drug (from any Schedule) that MAY have an adverse affect on driving ability. The words “Has advised the driver that the prescribed substance or drug will not adversely affect the driver's ability to safely operate a commercial motor vehicle,” cause doctors to also blame non-existent regulations for denying a medical card.
In your case, however, it was not the doctor, but the motor carrier’s "expert" medical coordinator who was blaming non-existent regulations.
Playing the devil’s advocate for a moment, there appears to have been no need for you to contact the company’s medical coordinator. My guess is that you did so because you wanted to be up front and honest.
I agree with Nurse Red. Also, it may be a simple matter of educating the carrier’s "expert" medical coordinator. r / jim.