new: BMI Body mass regulation

Discussion in 'Driver Health' started by gixxer32404, Mar 21, 2010.

  1. U2Exit

    U2Exit Road Train Member

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    It used to be there.

    49 CFR Section 390.3(d) gives employers the right to adopt stricter medical standards. Motor Carriers (companies) cannot set less restrictive standards. In addition, the employer can require the driver to perform ancillary duties as a condition of employment.
     
  2. gixxer32404

    gixxer32404 Light Load Member

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  3. gixxer32404

    gixxer32404 Light Load Member

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    I just checked out cypress and guess what it is asking on their application. You guessed height and weight is asked on their application.

    http://cypresstruck.com/employment (see here)



    Cypress Truck Lines Driver Application



    [​IMG]Personal Information : Required fields are marked with * sign.Rehire * Cypress,conducts all D.O.T. Part 382.301 mandated drug and alcohol test and non D.O.T. drug free workplace hair follicle drug testing (detects illegal drug use in last 6 months ) Social Security * - - Last Name * First Name * Middle Name * Date of Birth * Address * City * State * -select- AL AK AZ AR CA CO CT DE DC FL GA HI ID IL IN IA KS KN LA ME MD MA MI MN MS MO MT NB NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY Zip * Home Phone * Cell Phone * Email * Driving License No * Source of advertisement * -select- Newspaper Referral Internet Trucks Magazine Terminal Height * Weight * List Licenses held by state in the last 10 years (ALL)
     
  4. gixxer32404

    gixxer32404 Light Load Member

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    Where there's smoke there's fire. Should I put 80.000 lbs and 13'6 haha. I'm sure that's not the height and weight they are asking about. Ironically neither western express or cypress list bmi under requirements or qualifications.
     
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  5. Donk

    Donk <strong>Have a Cup Of Concrete</strong>

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    BMI is only a basic indicator.

    if i were to fit into my supposed BMI i would look like somone fomr a 3rd world country.
     
  6. Trouble65

    Trouble65 Medium Load Member

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    I heard the same thing here in Canada regarding new rules. I have one driver that could loose 50 pounds. We spoke to him allready and he is going on to a diet.
     
  7. JustSonny

    JustSonny <strong>Big Dummy</strong>

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    Nope! It might be a "within-company" regulation, but it's not a CSA 2010 regulation. As a matter of fact, CSA 2010 IS NOT A REGULATION! Pre-employment Screening Program is NOT part of CSA 2010.
     
  8. gixxer32404

    gixxer32404 Light Load Member

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    I find it hard to believe all these companies are asking height and weight if it's not required.
     
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  9. JustSonny

    JustSonny <strong>Big Dummy</strong>

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    Like I said, it might be a "within-company" requirement, but you can read everything out there (from DOT/FMCSA) and you will not find anything about BMI as a condition for obtaining a CDL, passing a roadside, getting a medical card, etc. However, if the physician or whateverothermedicalprofessional who is signing off on the medical card has reason to suspect that an applicant's weight vs height vs build vs medical history could be a problem, then that physician can require further evaluation of the applicant, up to and including assessment for sleep apnea, diabetes, etc.

    There's lots more info out there, but this is a start:
    http://www.fmcsa.dot.gov/documents/safetyprograms/medical-Report.pdf

    Here's another one. 105 questions about CSA 2010:
    http://csa2010.fmcsa.dot.gov/FAQs.aspx

    If BMI, sleep apnea, whatever were a part of CSA 2010, I've gotta believe is would be a FAQ. Please understand that I'm not being obstinate, I'm just interested in everyone, myself included, getting good info. I try to quote DOT sources because DOT is the "horse's mouth". I simply will not trust what someone thought they heard someone say that someone else said that.....
     
    Last edited: Mar 22, 2010
  10. ironpony

    ironpony Road Train Member

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    Federal labor laws allow a company to screen potential employees in any way they want to (outside of race, creed, national origin, etc - the usual) as long as it has a valid purpose pertaining to the prospective employees future job.

    As far as CDL drivers are concerned, the DOT physical is the gate-keeper, but a company can discriminate based on BMI and sleep apnea status based on driver safety, physical ability to do the job, etc. There's nothing illegal about it.

    At this time (according to "Dr. John" who is a member of the FMCSA's medical advisory board - heard this on the Dave Nemo show on Roaddog) there is nothing in the rules/regs about it. They did make a recommendation that the DOT physical be changed to include provisions for it. However, he also said, that once the advisory board makes a recommendation many carriers adopt that recommendation on their own.
     
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