Question
Had a driver who passed her DOT medical in Dec. 01. In April during a routine MD visit was Dx'd with HTN and appropriately treated with meds. (Toprol DX).
During a level 1 DOT inspection this driver answered "yes" to the question, Do you have on your person or in the vehicle any medicines, perscription or non perscription?
The DOT inspector then promptly took the driver OOS because the physical, according to him, was falsified because a person with high blood pressure can only have a one year medical certification.
She was promptly fired as being "too damm much hassle, especially with healthy people waiting to work"
1. Thanks to the cardiac disease committe fdor dreaming up this gem, and placing hundreds of decent drivers on the unemployment line.
2. Opinions on the validity of the physical and or OOS citation?
Answer
It is the driver's responsibility to inform the company of any changes in health AND medications they have been prescribed if they have the potential to affect the driver's ability to safely operate the CMV.
This is a minor technicality however and I would fight the discharge and the ticket.
I would also have a new physical done at my own expense.
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Answer
So in your opinion the physical is valid?
They fired her because getting a physical once a year is "just too hard to plan for". She offered to pay for it, but they wern't interested. They had no opinion on the therapy itself (or were smart enough to keep it to themselves)
Answer
It needs to be redone to support the new diagnosis and the medication therapy. But I would fight the termination. If nothing else, that violates the ADA (Americans w/Disabilities act).
The person should also contact the DOT and file for a 'resolution of conflict'. YOu can get mor info on the resolution of conflict on our website. There is a link at the bottom of the main page of the site.
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