Are 1Yr Medical Cards Discriminated Against?

Discussion in 'Questions From New Drivers' started by candun, May 30, 2009.

  1. CURTWAYNE

    CURTWAYNE Medium Load Member

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    Yeah, who wants to hire somebody that is overweight, even though they don't have high blood pressure, isn't on any type of prescription medication, has a good work history, and a great role model for a valued employee? Someone who hasn't missed a day of work in eight years. Who would want an employee like that?
    Of course, that is said sarcastically. Being, I am said employee. My last job of six years, the one before that was 2 years. Never asked off for any kind of medical purpose.
     
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  3. Truck Vet

    Truck Vet <strong>NRA AMA Libertarian</strong>

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    You are correct. Yet how would an employer really know
    you are not on medication? Unless you told someone?
    Life is not fair. Plenty of drivers are on medication
    and no one knows about it.

    I put 8 years of honorable service in the Military with a
    spotless record. All most employers want to know is
    will I be activated in the reserves. Its against the law
    to discriminate against me for that but I can't really
    prove anything. They can't even legally ask me if
    I am in the reserves ( I believe). So I guess in order
    to get a high paying job I need to get rid of the short
    hair and gain weight. (sarcasm intended)

    Whats ironic is that when the feces hit the fan and
    the draft is started, I will be the last to be called
    because I am not in any reserves. But people can't
    believe I would give 8 years and stop.

    Bottom line, most people have a reason for an employer
    not to hire them, its up to you to overcome it.
     
  4. Roadmedic

    Roadmedic Road Train Member

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    FMCSA amended a rule that now requires a copy of the medical long form to be given to the State Driver Licensing agency.

    Federal Register 73FR 73096
    FMCSA -1997-2210
    49 CFR Part 383,384,390,391
     
  5. CURTWAYNE

    CURTWAYNE Medium Load Member

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    Truck Vet, I don't know why you have such a dismal outlook, whether it comes from being in the military, or who has done you wrong, but for the two times I sought employment for a driving position, I was hired. I passed my physical through the authorized medical clinics.
    Unfortunately, we have to play by the rules. Even if the FMCSA wants to constantly change the rules, if we want to play, we have to abide by their definition of how to be in compliance.
    I am honest in my dealings, although I imagine you will say that you have no way of knowing that.
    I have a brother that was honorably discharged from the Marines after about 8 years of service. He went through a lot of tough times, but has come out on top. He is an IT specialist for a company and making excess of $100 grand a year. Life is good. It wasn't given to him, he earned it through hard work. He doesn't let the bad memories of times past hold him back.

    Good luck to you sir, I hope you future is bright.
     
  6. Truck Vet

    Truck Vet <strong>NRA AMA Libertarian</strong>

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    Dismal outlook? Me? I was merely demonstrating how
    most of us have roadblocks to overcome when trying
    to get a job. I never said I even needed one. I have
    worked at the same job pulling a Flatbed for over a
    couple years and plan on keeping it for a while because
    I enjoy my family time. I report to work M-F at 6;30 am
    and am guaranteed over 40 hours a week.

    But when my youngest leaves the house in a few years
    I will consider not even mentioning that I was in the
    military if I decide to go back to LTL. I won't lie on the
    application, but I am not naive enough to think
    employers think being a vet is a plus anymore.
    Too many National Guardsman have been activated for
    that to happen . It ain't right, but I just
    try to see the truth.

    I have passed my physicals through authorized medical
    clinics also. Yet I have noticed over the years that there
    can be large differences between them. Some, for instance
    require you to jog in place and check your pulse.
    Others don't. Or perhaps they are just getting
    more lax over the years. The strict ones put you in
    a hearing booth. The lax ones see if you can hear a
    whisper. Either one sells me the same card. IMO it
    is not unethical to go to the less strict clinic. But
    if you want to do things the hard way its your prerogative.:biggrin_25525:
     
  7. CURTWAYNE

    CURTWAYNE Medium Load Member

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    The physician I go to for physicals is well known for refusing to pass a driver for something until that driver goes to his personal physician to work out his problem. Even then, he will only give the driver a 3 or 6 month medical card. He also carries a tape measure in his pocket, to check the size of your neck. 17 inches or larger, and you are off for a sleep study.
    It's not that I do it the hard way, I do as I am instructed by my supervisors. I go where they tell to go. I don't have a choice on where to get a physical. If I did, I would probably find some 'lax', less strict clinic.
    I thought ex-military were supposed to get extra credit for their military background. From all of their leadership skills and all that, being able to follow orders, and execute commands. Isn't that supposed to make a person be a better choice to fill an opening?
    Unless, there is a question of unhonorable discharge.
     
  8. Truck Vet

    Truck Vet <strong>NRA AMA Libertarian</strong>

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    Well, sense I always gave the perspective employer
    a copy of my DD-14s and showed them the originals,
    they saw my honorable discharges so there was no
    question. Where I work now, they valued that I was
    in the military, especially when I made it clear I
    would never miss work because of it. Bottom line,
    when you apply for work, don't give your perspective
    employer reason to think you can't reliably do the
    job.

    Obviously when you work for an employer you have
    to go where they send you. Me? I go where I want
    and my employer reimburses me. I have a Size 7 and
    7/8 head with a huge neck to match it, yet in the
    past decade of driving have never had a doctor
    measure my neck. They did in the Military though.
     
  9. CURTWAYNE

    CURTWAYNE Medium Load Member

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    Oh, the neck measurements are new. The FMCSA in all their divine glory, have decided that certain drivers should be sent for sleep study's. Most on overweight drivers, but the guidelines also indicate a neck size of 17 inches or larger.
    The clinic we were sent to, he just doesn't go by waist size, he pulls out his trusty tape measure. 17 inches or bigger, and you are off for the sleep study. They want to make sure you do not have sleep apnea.
     
    Truck Vet Thanks this.
  10. Mountain Spirit

    Mountain Spirit Light Load Member

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    I posted this on an other thread before I found this one. I am not in favor of either side - lie; don't lie.

    But I do have a question. How do these companies find out medical info if you don't put it on the paperwork - is there a data base that they can view one's medical profile. I understand getting the info from court records, but can they find out if you were at the hospital to get an appendix out, and from there find out whatever else the hospital might have discovered?

    That just really does not seem right - the information age, soon there will be cameras in the bedroom if we have gotten to this point. I know that I have had my tonsils out, when I was less than 6, 7, or 8 years old, but why would I report that? And yes I had my appendix taken out, but I don't remember the year - last 5? last 10?

    I get the court records thing, but the medical sounds like too much invasion - especially with all the medical advances. I get the idea of trying to make the roads safer, so I can see seizures and BP that is not corrected; drugs; alcohol; or similar issues that would cause a driver to involuntarily lose it. But it seems to me that these big companies have lobbied so that they can legally discriminate in order to make more profit. (Reduce medical bills by not hiring medically diagnosed people.)

    Am I on the right track or way out in left field?
     
  11. Truck Vet

    Truck Vet <strong>NRA AMA Libertarian</strong>

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    If you had your tonsils out when you were 6 and never
    told anyone since you were say 16 I don't think anyone
    could find out. Where they get you is in being consistent.
    If you say they were taken out when you
    were hired but later sign a form stating they were not,
    thats where they get you.

    Not that they would necessarily get you for that, but I
    saw a driver forget to put that he took anti seizure
    medication after it was already written somewhere.
    This driver happened to be a trouble maker and the
    TM used it to fire him.

    You also have to be consistent between who they send
    you to get your physical and your employer. I think
    thats how they fired the above driver.

    Another way they get you is if your problem you don't
    disclose somehow causes an accident and the investigation uncovers it.

    Your right, its a big mess. What if you go to the Gym
    every week and squat 250 lbs just for fun yet 10 years
    ago you pull a back muscle and had to take a week off
    work because of it? It don't seem right someone can hold
    prior back problems against you because of the past.
    But a lot of Drivers go on disability because of back
    problems so it would not surprise me if they did.
     
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