Ive never understood any company can make you take a sleep study and make you fork out for it. I even know of a employee that has been on for years and not that big he has to take a sleep study on his dime and it wasn't from a DOT physical. Also he drives daytime LTL and is home every night.
Con-Way Freight Physical
Discussion in 'Con-Way' started by BubbaD1, Feb 5, 2016.
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http://www.sleepreviewmag.com/2013/...f-the-sleep-apnea-bill-being-signed-into-law/
https://www.congress.gov/bill/113th-congress/house-bill/3095
I believe this is what you are referring to gentlemen.Last edited: Feb 20, 2016
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Neither of those links relate to any law in effect requiring companies or DOT examiners to test for sleep apnea.
The first link actually states that a proposed law establishing a threshold for compulsory testing based on BMI was blocked.
The second link states that *if* the DOT were to implement a compulsory sleep disorder test, it would have to be subjected to a formal rule making procedure.Last edited: Feb 21, 2016
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DOT doesn't make the laws. They enforce the laws. DOT is apart of the Judiciary branch of the government. The bill cleared both the house and senate, which means it was signed in as a new law by Obozo. You don't have to be overweight to have sleep apnea. Not researching and coming to your own conclusions which is based on hearsay of not knowing. A lot of the trucking companies doesn't have the say so. It's up to the doctor who does your DOT physical. When they sign your DOT medical card saying you're qualified. They're putting their career on the line saying you are physically qualified to drive. If something goes wrong. Guess who they come back to see. They come back to the doctor who signed your 1 or 2 year card. It's a liability to the doctor. Do I like the law? No, I don't, but again, I don't make the laws, but I have to abide by them, and so do each and everyone of you.
paul_4lp Thanks this. -
The Doctor does the DOT physical based on DOT guidelines, hence why it is called a "DOT physical". The guidelines are there for the examiners to follow. Some don't follow those guidelines when they don't do the full testing required by the DOT, others don't follow the guidelines by making up stuff they want to test for. I would say either one would be liable. The doctor that does everything they are supposed to...not so much.
You keep mentioning law, if you can show me where the DOT, Senate or the House have mandated that sleep apnea testing be carried out on anyone undergoing a DOT physical, I welcome the link.Lonesome Thanks this. -
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