ATTN: Safety Managers - Need Clarification on Driver Qual (DQ) File Requirements

Don't take anything from JJ Keller as definitive. They put out as much garbage as they do useful information.

 

J J Keller is, and will always will be, a printing company. Having survived a compliance audit; you need the certificate copy; not the long form. We pay for our company driver physicals and do receive a copy. They are in a folder next to the DQ file folder; all kept in a secure [lockable] file drawer in my cubical; same as all our drug and alcohol testing files.

My lease operators only supply the Med Cert card. Their DQ files are in a lockable file cabinet in the file room.

A compliance auditor asks you to pull the files. Some by name and the rest by your choice. You pull the DQ folder and leave the rest behind. All they did was take a quick glance at the file location.

 

Back in 2001, I got hired to bring a construction company into compliance. They were only keeping a copy of the medical card the driver had. The auditor advised we had to have the entire medical long form with the doctor signature.

The company had no applications or driver files when they walked in. I had 30 days to bring it in compliance.

 

I'm a doctor, and do these exams routinely. Here is the answer from Natalie Hartenbaum, The DOT Medical Examination, 5th edition, page 78:

"Although the FMCSRs do not require the Medical Examiner to give a copy o the Medical Examination Report (the long form) to the employer, the FMCSA does not prohibit employers from obtaining copies of the medical examination form (long form). Medical Examiners should have a release form signed by the driver if the employer wishes to obtain a copy of the medical examination form (long form). Employers must comply with applicable State and Federal laws regard the private and maintenance of employee medical information."

Most importantly, the employer has to comply with HIPAA (Public Law 104-191), wherein hugh fines may be levied for each and every breech of medical privacy. The employer would be well advised to keep on file only a copy of the medical card (the wallet card).

 

http://www.fmcsa.dot.gov/rules-regulations/topics/medical/faqs.aspx#question37

§ 391.43Medical examination; certificate of physical examination.

Most of the time the company will make a driver sign a release as a condition of employment. Then when they pay for a physical they will hold the long form hostage. They don't want drivers getting free physicals and going to other companies.

 

Not only that, but they are responsible for the final determination as to whether the medical history and medications are acceptable. Kind of hard to do that without the form.

 

Why would the driver need the "long form"? Isn't it the medical card that has to be carried? Since it's in the driver's wallet, or glove box, how can the company hold it captive?

The clinic that did the examination is obliged to give you a copy of your medical record if you ask. This would include the long form, if you want it. If refused, you could threaten to report them to the state licensing board. But I doubt you would be refused.