DOT Physical: Forced to do Sleep Study

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by unitedcoop, Dec 30, 2011.

  1. unitedcoop

    unitedcoop Bobtail Member

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    A member of my family went to CRST took the training, had a physical which he passed until the Dr. measured his neck, it was 17 1/8 " he was told his medical card is good for 6 months, before it could be renewed he would have to have a slep study, this is not a DOT regulation so why and how can they make him do it, these test cost between $2200 and $3200 without insurance, he is being paid 11 cents a mile where is he supposed to get the money for this . His first co driver was an awesome lady that really helped him, then there was no co driver and he soloed for 2 weeks, then he had 1 for a few weeks that quit, now he has another who got out of school after he did.
    If he takes time off to do a sleep study it could be between 2 and 6 weeks before they have any results, if he cant work how can he fulfill his contract or eat for that matter?
    i feel this is discrimination , he has no symtoms, other than his neck size, how in the h__l can they do this, all the kid want to do is drive, he has done everything they have asked of him , never turned down a load or been late, all by the book, been home 1 time for 2 days, truck has broke down 4 times he sat for at least 2 days each time never complained.
     
  2. Cowpie1

    Cowpie1 Road Train Member

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    Well, he can get a certified, DOT approved sleep study, that he can do at home from Safety First Sleep Solutions http://www.safetyfirstsleepsolutions.com/ for just a few hundred bucks. No need to take time off. Can be done at home or in the truck. They provide all the equipment for the test. Just hook it up, sleep, and send it back. It records everything for the doctor to analyze and determine if there is a problem. Best of all, it is real world test taken while sleeping in your own bed in your own comfortable surroundings.

    Personally, I would be the first to make a call to my attorney. Since there is no DOT mandate, and the qualifiers like body mass index and neck size are not "written in stone" as definitive indicators of actual sleep apnea, a good attorney could have a fun time with that. The physician doing the DOT physical is NOT a certified sleep professional. He is making a judgement based not on specialized training and experience in the field, but based on something he was told or read. It is true that the DOT is wanting all physicians that are certified to do DOT physicals to key in on sleep apnea, it is not required and a relatively inconclusive field of study at this point. His recommendation may carry some merit, but he has no basis in formal studies to make a confirmed conclusion and demand a sleep study.

    I would have my attorney type of a nicely worded letter persuading the doctor to reconsider his position. Of course, while at the same time hinting that a legal battle is brewing.

    But that is just me. I am getting to the age in my life where I am chomping at the bit for legal fight, be it with a doctor doing something like this, or some roque state DOT that wants to play the fatigued driver game like Minnesota did. I really don't give a rip anymore.
     
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  3. RickG

    RickG Road Train Member

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    This is a good reason for anyone with a BMI on the higher side to stay clear of CRST . What makes it really bad is the sending exam results electronically to the DMV . No more going to anther doctor if you get bad results from the first one .
    10 to 1 this doctor gets kickbacks from the facility doing the study and CRST probably gets a piece of it also .
    The FMCSA physical form does ask physicians to check for signs of sleep apnea . Neck size alone should not be a reason for testing .
    This practice by this physician needs to be more publicized to prevent others from becoming victims .
     
  4. Cowpie1

    Cowpie1 Road Train Member

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    Well, there are many more reasons I would not consider CRST anyway. Their SMS score from the FMCSA CSA stats is but one of them.
     
  5. mgt1085

    mgt1085 Medium Load Member

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    this is the second company that i have seen on here doing this crap whats worse pretty soon more will start to do it and cite "insurance reasons" bottom line its all about money
     
  6. jlkklj777

    jlkklj777 20 Year Truckload Veteran

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    While there is NO mandatory requirement for a sleep study at this time carriers do have the right to require stricter hiring criteria than what the DOT requires.

    Doctors have a duty to treat patients to the best of their ability as well. This may not be what you all want to hear but you have NO case in this situation.

    The man either complies with the doctors requirements or he can go to another carrier and try to find a different clinic and start the whole physical ordeal all over again.

    Currently their is no communication between clinics or doctors so he may be able to slip under the radar at a different company.

    There is a push to have all doctors that provide DOT physicals put into a searchable database to verify the authenticity of Medical Cards. In a couple of years we will have to provide our long form physicals to our state DMV so they can be incorporated into the CDL.

    Soon the Cop that pulls you over on the side of the road will have access to your long form physical and any meds you might be taking had better be listed on that form. Otherwise you better have the meds in the original container with the prescribing doctors info attached.
     
    Last edited: Dec 31, 2011
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  7. Rug_Trucker

    Rug_Trucker Road Train Member

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    Prime uses BMI in your talk with the recruiter. They asked me.
     
  8. Cowpie1

    Cowpie1 Road Train Member

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    Yet another carrier I wouldn't partner with... and it has nothing to do with any sleep apnea testing or concerns. So far, this has not been a concern of mine in that the carriers that seem to be moving in this direction are ones I wouldn't put my truck on with for any reason.
     
  9. Professional-Trucker

    Professional-Trucker Heavy Load Member

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    This is not mandatory by dot. It's about docs getting paid through the insurance provider wich the employee is charged for and crst getting a nice fat kick back. Good luck with it until the medical board finds out about it. Or the fda?
     
  10. RickG

    RickG Road Train Member

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    Carriers can use BMI as a hiring factor but they should have no influence in the exam .
    From the FMCSA medical form
    A respiratory dysfunction cannot be detected by BMI or neck size alone .
    http://csa.fmcsa.dot.gov/FAQs.aspx?faqid=1412