Can CDL truck drivers take lithium for bipolar disorder?

Discussion in 'Questions From New Drivers' started by kwhite46, Jun 9, 2011.

  1. Meltom

    Meltom Road Train Member

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    It puts them in a difficult situation, struggle through the change and hurt your cash flow for a little while, or ignore it and keep the $$$ piling up. Well until the audit and the fines and what not.
     
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  3. ronin

    ronin Road Train Member

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    Or just keep running as-is with an attitude that no one can touch you, and if they do, you can blame it on your drivers... (WFX).
     
  4. Meltom

    Meltom Road Train Member

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    The office staff needs to be on Lithium.













    just trying to get back on topic, it's my fault cuz I led it all astray.
     
  5. jbee

    jbee Medium Load Member

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    Sorry sabine, but I'm not buying it.

    If you've been doing it for the last 11 years, then, you of all people should know what's on there and know it's asked, which, it you haven't filled it out accordingly, then you are lying. And if the docs never ask, then they're either rubber stamping or finger drilling the exam.

    Which is the same as hiding it.

    This is operation of a CMV on public highways we're talking about and may or may not be covered. Without looking it up, I'm pretty sure public safety trumps the act.

    If you've been doing it every 2 years, then you of all people should know the consequences of not doing so.

    Not to pile on, but in addition to ronin's post, just a few thoughts. And just to preface this, my comments are not aimed squarely at you, it's more the disorder and disclosure.

    The problem here (Case by case) is with the patient disclosure and the subsequent doctor diagnosis. You know how many varying symptoms and degrees there are with someone who is bi polar? Quite a few, and more often than not, accompanied by depression. Unless the doc has co habitated with the patient and lived through the episodes and witnessed the same first hand, guess what he's relying on for a proper diagnosis?

    YOU, The patient, who may or may not downplay their symptoms and/or disclose the same. Guess how many family members are usually interviewed regarding the history of episodes or the accuracy of the family members info? None.

    Funny thing about the disorder is when it is diagnosed, guess who is always the last one to know? The person with it. And guess who's had to live with it and through for years? Those around them. Having lived through it and lived with someone who was eventually diagnosed with it, the toll had already been taken.

    Which they are performing for the DOT, so, if you want the privilege of driving, and the doctors exam is to make sure that the rest of us on the road are protected, then, yeah, it is someone else's business. Last time I checked, driving, commercial or otherwise, is a privilege, not a right. You should know it's going to come up.

    I'm sure most know what's on a drivers questionnaire pre physical Q&A. To home in on specifics,

    649-F

    Block 2 - Health History Yes/No Head/Brain injuries, disorders or illnesses

    §391.45 PHYSICAL QUALIFICATIONS FOR DRIVERS
    (9) Has no mental, nervous, organic, or functional
    disease or psychiatric disorder likely to interfere with his ability
    to drive a commercial motor vehicle safely

    Mental Disorders
    §391.41(b)(9)
    A person is physically qualified to drive a commercial motor
    vehicle if that person:
    Has no mental, nervous, organic or functional disease or
    psychiatric disorder likely to interfere with ability to drive a motor
    vehicle safely.

    Emotional or adjustment problems contribute directly to an
    individual's level of memory, reasoning, attention, and judgment.
    These problems often underlie physical disorders. A variety of
    functional disorders can cause drowsiness, dizziness,
    confusion, weakness or paralysis that may lead to
    incoordination, inattention, loss of functional control and
    susceptibility to accidents while driving. Physical fatigue,
    headache, impaired coordination, recurring physical ailments
    and chronic "nagging" pain may be present to such a degree
    that certification for commercial driving is inadvisable. Somatic
    and psychosomatic complaints should be thoroughly examined
    when determining an individual's overall fitness to drive.
    Disorders of a periodically incapacitating nature, even in the
    early stages of development, may warrant disqualification.
    Many bus and truck drivers have documented that "nervous
    trouble" related to neurotic, personality, or emotional or
    adjustment problems is responsible for a significant fraction of
    their preventable accidents. The degree to which an individual
    is able to appreciate, evaluate and adequately respond to
    environmental strain and emotional stress is critical when
    assessing an individual's mental alertness and flexibility to cope
    with the stresses of commercial motor vehicle driving.
    When examining the driver, it should be kept in mind that
    individuals who live under chronic emotional upsets may have
    deeply ingrained maladaptive or erratic behavior patterns.
    Excessively antagonistic, instinctive, impulsive, openly
    aggressive, paranoid or severely depressed behavior greatly
    interfere with the driver's ability to drive safely. Those
    individuals who are highly susceptible to frequent states of
    emotional instability (schizophrenia, affective psychoses,
    paranoia, anxiety or depressive neuroses) may warrant
    disqualification. Careful consideration should be given to the
    side effects and interactions of medications in the overall
    qualification determination. See Psychiatric Conference Report
    for specific recommendations on the use of medications and
    potential hazards for driving.


    Seems pretty clear cut to me and I'm not a doctor.

    Does this mean you automatically are disqualified based on the above? No, but I can see (As can anyone else) where it would be in someones interest to hide it.





    Ummm,

    If you wind up in a court of law due to anything driver related, guess what can of worms gets opened next?

    If you didn't disclose it, You then hid it by KNOWING ABOUT IT, and even though you may have sidestepped it on an application, it will now catch up to you. And this may only just be the criminal case with a civil one waiting in the wings. Guess who's liable then?

    Kiss your house, savings, assets, future earnings etc goodbye.

    In closing, and not saying you in particular, but my guess is there's not a lot of incentive for disclosure, partial or otherwise and lots of reasons to keep it hidden.


     
  6. Meltom

    Meltom Road Train Member

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    Do they actually allow you to "kiss" these things goodbye? And if so how would you perform that action on future earnings?
     
  7. jbee

    jbee Medium Load Member

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    Retain counsel. I'm sure once it comes down to that, they can advise better than anyone else can or provide you with a practical hands on demonstration.........
     
  8. Sabine in Mo

    Sabine in Mo Medium Load Member

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    I never said I had this, did I?

    You may have your opinion on this, but your opinion is not law, as isn't mine. I am glad you highly doubt that I drive and have had a physical every 2 years. Actually I have, and sometimes more often than that, when I changed jobs. If you look when I post, I talk about my employer candidly for a while now.

    I keep repeating myself like the proverbial broken record. I fill out anything on the dang form that is asked truthfully. I am not advocating anyone to lie on this. FILL OUT EVERY QUESTION ASKED TRUTHFULLY, NO MORE, NO LESS.

    And again, why does everyone assume that a diagnosis of bipolar directly translates into a danger for everyone? Sure, there are people that should not drive a commercial vehicle with that diagnosis, but it is up to someones doctor to help make that decision. Not mine or yours.

    And what it ultimately comes down to, when applying for a driving job, there is no place on an application where you list medical conditions. If you have been cleared by your doctor to drive a truck, no matter what the issue, and he followed the guidelines set forth by the FMCSA that you are physically capable to drive a truck, and safe to do so, he is staking his reputation on this. And I doubt a doctor would open himself up to potential malpractice by lying so you can get a job.

    If I want to play devils advocate here, why should anyone have a license to drive a car if they are bipolar? Should they be allowed to buy a knife? A gun?

    Oh well, you all have a good night, time to go to bed.
     
  9. Jon

    Jon Bobtail Member

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    Mental disorders disqualifies drivers from operating a commercial vehicle?!? Who will deliver the freight then? Everyone I met on the road was SEMI-CRAZY!!!
     
  10. jbee

    jbee Medium Load Member

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    No, but the way you continuously defend a less than truthful response, one could get the idea that you did. I don't care one way or the other, I'm just responding to what you have posted.

    I never claimed my opinion as "Law" but I did present the form, which is and then cited what it stated. I also never said or implied that you didn't drive. Far from it. But, if you do, you should welcome and encourage the truth, rather than encouraging someone to be less than candid when it comes to disclosure.

    Then absolutely. We're both agreed on this one.

    If it (Mental Disorders, and that's what Bi-Polar is-a known mental disorder) wasn't a factor, why is it asked or required to be disclosed on the 649? It wasn't ME who came up with the form and everything on it, the government did that, love or hate them for these pesky little regulations. And in their infinite wisdom by doing so, they determined that a person who has ANY type of mental illness or disorder disclose it for safety reasons, not ME. In the end, it's up to a doctor to make the decision, not you or me. And the doctor can only do this ACCURATELY and SUCCESSFULLY ONLY if the form was filled out accurately, honestly, truthfully and openly.

    Maybe not on the company's intitial application for employment, but on the DOT physical it is. And if you're implying that a trucking company may be less than interested in knowing this, perhaps by not having it on an INITIAL APPLICATION FOR EMPLOYMENT, I submit to you that the company has no reason to be concerned with the loss of revenue due to liability reasons due to a falsified form. If this is the case, please name the company.

    If you go back and look at what I posted, it's right there in B&W on the 649 - History. And if you're not hiding anything or being less than truthful, once you check the block "Yes" the next says that if any blocks are checked "Yes" to then list any and all "Illnesses and disorders."

    You should know this form better than myself being in the industry as long as you have, as compared to me. Here, have a look. Section 2, Second Block down on the left side. Head/Brain injuries, disorders, or illnesses. If you can look at that and tell me it isn't there, your next meal is on me.

    [​IMG]

    As for the follow up to the above, here it is on the form.

    [​IMG]

    No place to list medical conditions? Ok. You probably need to check the forms you're using.

    What did you state up above? I'm not trying to assassinate your character sabine, but one minute you say FILL OUT EVERY QUESTION ASKED TRUTHFULLY, NO MORE, NO LESS.

    So, again, if you don't disclose it (Because "You wouldn't volunteer anything") was your doctor in jeopardy of losing his license or a malpractice suit? If you had the form and answered "NO" and if asked, it was again "NO" then, it wasn't the doctor answering "NO" it was the applicant. The doctor only knows so much and only one part of the equation. And if the applicant were less than truthful, how would you think this, in anyway would implicate him????

    How many miles do you drive if you're just a 4 wheeler compared to a professional driver? Big difference. Regarding Mental illness or history, as for a CCW or weapons permit, it has always been part of the process.

    In the end, to me anyway, this topic is cut and dry. It's about honesty. And how it affects the safety of us all, out there on the road. To include both you and me.
     
  11. Meltom

    Meltom Road Train Member

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    All that being said I don't think Bi-polar actually disqualifies you. It's going to be depend on how it's controlled.
     
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