I received my pre hire from Werner. Everything was going fine. Until they asked me why I left my last job. I told them it was a surgery. So then they wanted to know what type of surgery. I told them Bilateral lung transplant. Well, we will have to send this to medical review, shouldn't be a problem. Well, called the next day. Medical Review has denied you. Can they deny me based on just the fact that I had a transplant. That was the only thing even mentioned. Just my surgery and the transplant. Can they do that? I passed my DOT Physical. So why would they deny me based on a surgery? And do I have to disclose what type of surgery?

I dont know of any DOT regulation that knocks you out of eligibility because of a lung transplant, but I would start by checking with them to make sure. My best guess is that they turned you down because they dont want you on their health insurance. I wouldnt consider being turned down by Werner any great loss because they are a cruddy place to work to begin with. For future reference, I wouldn't volunteer that I had this done unless you are required to do so by the FMCSR's. Some medical conditions must be disclosed, while others do not, so I would go by whatever DOT says. If they say that it does not disqualify you from being able to drive, then I would not tell any other company that you had the surgery.

I agree with the response - look in the Truckers Bible (FMSR)- under medical. If there is nothing under medical regarding surgery or transplants I would not disclose the information. I am not sure of this due to being female, but I don't think they have you show your stomach on a DOT physical. Look under part 395 in the green book.

The applicable rule is 391.41(b)(5): No record of respiratory dysfunction. Lung transplants are clear evidence of respiratory dysfunction.

For a remedy you can apply to the USDOT/FMCSA (my former employer) for a waiver of this condition. The USDOT/FMCSA may issue a waiver for up to a 2-year period, and you may re-apply for a renewal every 2-years assuming an initial waiver is granted. You will need proof that your condition will not effect your driving ability. You must have a good driving record (absolutely clean), and proof of driving before the condition existed (list of motor carrier for whom you worked prior to the surgery). You will also be required to perform a driving test for a USDOOT/FMCSA officer from their office in your home state. Look at the FMCSA website for the location of their office in your state and how to apply.

SEE STATEMENT BELOW. I started this one but it was incorrect

I must apologize to you in this forum as I see that your are/were a student. The waiver would not be available to you as you must have had previous driving experience in a commercial motor vehicle.

Also, it is the responsibility of the motor carrier to ensure other parties i.e. the doctor have done their job properly, so yes, Werner and any motor carrier should ask these questions. Truck driving schools don't care about your physical condition. Many just want your money. This is also true with some clinics. As well, there are MD's out there that don't know the regulations. They just know medicine. This may be the case in your instance assuming you disclosed the condition on your physical exam in the section you completed..

I am aware of a carrier that contracted an owner operator/driver. This driver passed the physical at the clinic. A few months later he was seen by the Safety Director walking with a cane. The Safety Director asked why & was told by the driver that he (the driver/O-O) had Multiple Sclerosis (MS). Clearly, 391.41 states that a driver must not have any evidence of neuromuscular disease which M.S. is (my Sister had MS). The Safety Director immediately disqualified this driver pursuant to the 391.41 rule. The company was nice enough though to take this person as a dispatcher even though this driver failed to tell the doctor of this medical condition which is required in the rules (there are questions on the physical exam asking this in the portion the driver completes......remember seeing them when you took your physical?). In this case the carrier, like Werner did what they were supposed to do.

Psanderson,You are correct when you say a driver can not be qualified if he or she has evidence of respiratory dysfunction.You are incorrect when you say"Lung transplants are clear evidence of respiratory dysfunction".A lung transplant corrects the prior respiratory dysfunction and hopefully without any post transplant complications the respiratory dysfunction has been removed.I would assume that since the driver was given a clean bill of health and a certificate he has now overcome his respiratory dsyfunction.

it can be argued both ways. But once a person has a lung issue and recives a transplant does not mean they should be qualified to drive.

Just like a heart issues do you think when someone recives a new heart they should be driving?

Or what if someone has double or tripple bypass sugery should they be qualified to drive?

I say once a problem it is always a risk of that person driving a 80,000 lb killing vehicle.

I would not want to have a person driving a semi suffer another heart attack or lung issue behind me in my personal vehicle or another semi I value my life too much.

WITCHWAY: The U.S.D.O.T. has taken the position that transplants are an issue. Yes, they mostly correct the problem however I am not stating my opinion here, but rather the interpretation from the FMCSA (my former employer). In addition, the rule CLEARLY states and I quote; "has no MEDICAL HISTORY (capitol letters added) or clinical diagnosis of respiratory dysfunction.............." end quote. Under this criteria you are incorrect.

Im sorry Werner would'nt hire you because of your surgery.I don't see how or why that type of surgery would deny you.It would'nt affect your driving abilities.But unfortunately the trucken industry comes up with their own rules in some cases.I drove for Werner for 2 yrs.Youre better off going elsewhere I don't think you would be happy at Werner.Good luck Patty