Waiting on Diabetes Waiver

hello wimagra, i have a diabetes waiver and it has been a problem to get hired. but i am dealing with vocational rehabilitation and they had me meet with someone from social security as part of going back to work. i had a kidney and pancreas transplant in 2002. now i am a type 2 on insulin. i told this lady from social security about my waiver and this is what she told me. she said dont say anything until you go for the dot physical at orientation, so them the waiver and they have to abide by it because it is a legal document from the fmcsa and if they dont abide by the waiver i should call her and let her know and she would take care of it. whether it be explaining to them that they hace to alow it or she would file a lawsuit against them. so i will see how it goes, as i finally get to go to orientation on feb 7. i wont say which company right now in case they read this forum but i can let you know what happens after i get hired or sent home. if i get hired it will take awhile to letr you know what happened because i dont have a laptop and will have to wait till i get back from training. i hope everything works out for you

 

I did not say to conceal it from the company. The doctor that does your physical is employed by the company as the Medical Review Officer. When they have you fill out the form, you have to list what meds you are taking, and you hand them a copy of the waiver. Thats it. You dont need to go blabbing about it to your recruiter, or anyone else. You have been granted an EXEMPTION from the rules. As long as you do what you are supposed to do, and keep the endo happy, and get your quarterly paperwork turned in to FMCSA, you are qualified to drive. I have worked for three companies since I got my waiver, and I have had no problem.

 

Yeah, but what if you get in a wreck and the companies insurance policy don't allow insulin dependant drivers? Then there is a problem because you didn't disclose an abnormal situation to the company.

 

You are missing the point. You DID disclose it to the company. The doctor is acting as their Medical Review Officer. Why do you think you are taking a physical? If you are granted an EXEMPTION by the FMCSA, the insurance company cant refuse you. You are fully qualified to drive. You are also covered by the Americans With Disabilities Act. This was recently updated with more coverage for diabetics in the workplace. I have a lawyer ready to sue anyone or any company that gives me any crap about it. I keep hoping someone will get stupid and finance my retirement...

 

Okay, no problem. I was just throwing a possibility out there. I'm glad you're working. You show everyone there is a possibility of beating the system.

I have a friend that's insulin dependant. He's in better shape than most people I know. You take care of yourself, there should be no reason you can't drive.

 

hey delta, I did like you said and as others have told me, and someone from social security that i am working with told me. do not disclose this waiver with the recruiter, only wwith the doctor doing the dot physical. well long story short after a18 hr bus trip to jackson ms. the doctr refused to evenm give me a physical because i am on insulin with the waiver. so you know what happens next, i get another 18 hr bus ride home. and boy was that a blast. i dont think i can ever take another bus triop anywhere. so now i am so pissed off i can't think what i want to do next

 

Ya were given bad advice,

SUX !!!!!

 

Then that doctor is uninformed of the law. I suggest you speak to a lawyer. You might have a case under the Americans with disabilities act. I had to set a doctor straight once too. He had never heard of that waiver. I also suggest that you contact the American Diabetes Associaion and talk to their legal advocate. I have worked for three different companies with this waiver, and I have not had any problems.

 

It was not bad advice, its called people that are in charge that dont keep up with the laws... He needs to speak to a good lawyer. I think he has a good case for a discrimination lawsuit. I could take that company and its medical officer to the cleaners right now...

 

Yes, it is bad advice.

Just because there is a waiver program DOES NOT mean a company must participate.

Failure to advise the recruiter is a sad choice to have made. It is now on the DAC history for the op and most likely reflects the fact op tried to hide it.