GroceryHauler
Well-Known Member
I knew we were kindred spirits.
I knew we were kindred spirits.
The two statements do not necessarily contradict one another.
They put sleep apnea on the list with the other conditions. Does that mean that every DOT physical includes neck measurement, waist measurement, BMI, and sleep apnea test?
Is it the carrier that demands the sleep apnea test? Or is it the DOT, for one truck independent O/Os as well as large carriers?
Tazz
Infidel
If you follow that link those are instructions to medical examiners. The FMCSA is specifically instructing them to look for it. That link is tied into the system that qualified medical examiners. If you go to that link, and then click on FAQ's you end up here:
Frequently Asked Questions (FAQ) - Medical - Federal Motor Carrier Safety Administration
and Question 26 is;
26.
Is Sleep Apnea disqualifying?
Drivers should be disqualified until the diagnosis of sleep apnea has been ruled out or has been treated successfully. As a condition of continuing qualification, it is recommended that a CMV driver agree to continue uninterrupted therapy such as CPAP, etc. / monitoring and undergo objective testing as required.
A driver with a diagnosis of (probable) sleep apnea or a driver who has Excessive Daytime Somnolence(EDS) should be temporarily disqualified until the condition is either ruled out by objective testing or successfully treated.
Narcolepsy and sleep apnea account for about 70% of EDS. EDS lasting from a few days to a few weeks should not limit a driver’s ability in the long run. However, persistent or chronic sleep disorders causing EDS can be a significant risk to the driver and the public. The examiner should consider general certification criteria at the initial and follow-up examinations:
Severity and frequency of EDS
Presence or absence of warning of attacks
Possibility of sleep during driving
Degree of symptomatic relief with treatment
Compliance with treatment.
Sounds like it is mandated to me.
In addition all the people citing HIPPA(or Doctor Patient confidentiality)
Question 37
37.
Are the DOT medical examinations covered by HIPAA?
Regulatory requirements take precedence over the Health Insurance Portability and Accountability Act (HIPAA) of 1996. There are potential subtle interpretations that can cause significant problems for the Medical Examiner. What information must or can be turned over to the carrier is a legal issue, and if in doubt, the examiner should obtain a legal opinion. Federal Motor Carrier Safety Regulation 391.43 does not address or prohibit the sharing of medical information by Medical Examiners. http://www.hhs.gov/ocr/hipaa
Frequently Asked Questions (FAQ) - Medical - Federal Motor Carrier Safety Administration
and Question 26 is;
26.
Is Sleep Apnea disqualifying?
Drivers should be disqualified until the diagnosis of sleep apnea has been ruled out or has been treated successfully. As a condition of continuing qualification, it is recommended that a CMV driver agree to continue uninterrupted therapy such as CPAP, etc. / monitoring and undergo objective testing as required.
A driver with a diagnosis of (probable) sleep apnea or a driver who has Excessive Daytime Somnolence(EDS) should be temporarily disqualified until the condition is either ruled out by objective testing or successfully treated.
Narcolepsy and sleep apnea account for about 70% of EDS. EDS lasting from a few days to a few weeks should not limit a driver’s ability in the long run. However, persistent or chronic sleep disorders causing EDS can be a significant risk to the driver and the public. The examiner should consider general certification criteria at the initial and follow-up examinations:
Severity and frequency of EDS
Presence or absence of warning of attacks
Possibility of sleep during driving
Degree of symptomatic relief with treatment
Compliance with treatment.
Sounds like it is mandated to me.
In addition all the people citing HIPPA(or Doctor Patient confidentiality)
Question 37
37.
Are the DOT medical examinations covered by HIPAA?
Regulatory requirements take precedence over the Health Insurance Portability and Accountability Act (HIPAA) of 1996. There are potential subtle interpretations that can cause significant problems for the Medical Examiner. What information must or can be turned over to the carrier is a legal issue, and if in doubt, the examiner should obtain a legal opinion. Federal Motor Carrier Safety Regulation 391.43 does not address or prohibit the sharing of medical information by Medical Examiners. http://www.hhs.gov/ocr/hipaa
BJP
Active Member
It seems to me that anyone in some department somewhere can put all these requirements out there for all drivers to have these tests done to do their job and the driver has no recourse but to comply, wouldn`t it be good if the driver could request the same test requirements on those who are requiring the said tests (all the way to the top department) and see if they would like it then.(Hope that makes sense).
Tazz
Infidel
Oh I wouldn't mind people being required to pass a physical for any type or class of license. I think the 400 lb brood mare is every bit as dangerous behind her minivan as the 500 lb walking heart attacks I see waddling up to the boofey line.
The alcoholic that can not wait the 30 minutes to start killing more of his liver and brain cells, so he starts on that sixer in his truck on the way home.
Anyone with diabetes.
All the fruity little dope smokers
Most of the innercity dregs. To expensive.
Of course I am pretty much on record that 30% of licensed drivers have no business possessing one.
The alcoholic that can not wait the 30 minutes to start killing more of his liver and brain cells, so he starts on that sixer in his truck on the way home.
Anyone with diabetes.
All the fruity little dope smokers
Most of the innercity dregs. To expensive.
Of course I am pretty much on record that 30% of licensed drivers have no business possessing one.
GroceryHauler
Well-Known Member
I think you're totally lowballing that number. I'd go with 60% personally.
One thing the DOT is considering is electronic logs and tractor GPS tracking. Instead of the drivers being fined the company will be fined a huge amount. I thought this was a good idea. Shifting the responsibility to the carrier and not the driver for pushing the guy to drive illegally to deliver the load then firing the guy when he gets caught. Same thing with maintenance and having the driver record in logs and Qualcom if available that a problem exists.
Where'd ya hear that?
That'll go over with the judge about as far as the EOBR attempted mandate that was tossed due to FMCSA's failure to show the safety aspect of an electronic log over paper.
That was something floating around last year at one of my safety meetings I attended here in NH put on by the DOT. I thought it was a good idea making the carriers/dispatchers responsible for keeping drivers on track and on log.
Seriously, don't you think that would be a good idea. I mean dispatchers are always pushing drivers even though they will be running illegal. Using a cell phone to push the drivers instead of txt messages or Qualcom messages leaving a paper trail.
sure... lemme just turn in my left and right nuts,
tell my kids I lied to them about personal responsibility,
and file for gubmint assistance cuz I'm the guy calling them sayin... fix it, I'll do it, I've got plenty of time.
Oh yeah, I'm making money and I hate that.
Too many cooks in the pot spoils the soup.
Too many people trying to drive the same truck at the same time causes wrecks and kills people.
I've had the opportunity to witness first hand a driver calling dispatch and whining about conditions, lack of sleep and a few other complications they had suffered to get out of delivering the load on time.
Why?
Too much time at the casino.
I asked how often this type of phone call was taken and was told daily.
Not saying there aren't dispatchers who push drivers to the brink but every time I see it here I have to wonder.
LOL... I dunno. Too busy running hard to care and I've got my vittles ready made for the next 3 weeks all packed into the fridge cuz she still loves me.
Tim
U.S.Constitution
License? We really gotta have one? Fer real?!
Dispatchers are pushing drivers without a backbone.
Thats where the GPS would come in.
Driver; Hello, boss, I'm to pooped to pop another mile. I gotta take a nap.
Boss; Ok, hang on a sec....checks drivers GPS....location, Bonnie's Boner Ranch NV. GET YOUR DAMN ASS BACK ON THE ROAD!!!!!
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