Is there anyone out there that knows,IF a Company can LEGALLY Not Hire you,IF you tell them that you have Arthritis ?
Even when you tell a Company that the Arthritis DOES NOT Interfere,with your Driving Ablities.
I am asking this,becuase I have seen Drivers,who walk with Limps and walk with Canes.
Please give me the LEGAL ANSWER.....NOT your Opinion.
Keep on Truckin' !
Arthritis....
Discussion in 'Ask An Owner Operator' started by Miami Trucker, May 31, 2013.
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I'm not a lawyer so not sure this is the LEGAL answer....but I don't think a company has to have a reason NOT to hire someone. Suggest if you want a legal answer, speak to a lawyer, not a trucker's forum, imo.
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Well....IF I had the $$$$$$ to talk to a Lawyer ?
I WOULD !
I'm asking here,because I'm assuming the O/O's who have been driving a LONG Time,might have a Lawyer in the Family,or Friend who might have the Right answer. -
I don't recall any physical forms asking about athritis. However, if you can't pass the physical aspect of the test then they will send you home. It's a very simple requirement that you can't and won't find any legal way around.
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HUH ?
Well then tell me where you take your Physical ?
Because EVERYPLACE I have gone to take a Company Physical,ASK YOU IF YOU have any Disabilities.
Like High Blood Pressure,any Fingers,or Toes missing,etc... -
Are you taking meds for your Arthritis? If not and there are no reported medical records. Catch my drift. Don't ask don't tell.
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Define arthritis, which of the many types do you mean?
I have had some measure of osteoarthritis for years due to injuries to both knees when I was much younger, before I started driving trucks, and it has never come up. I walk with a limp, sometimes very noticeable, but I can get into and under the tractors and trailers just fine.
Some other types might end up being treated with therapies not allowed while driving a CMV. -
Read below
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Basically if a company does not want to hire you they do not have to hire you , its not a god given right to get a job just because you apply for 1.
With Arthritis it does hamper a drivers ability at times and many do not want the future hassle when it gets worse.Last edited: May 31, 2013
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A company is not under any obligation to hire anyone, as mentioned. AND unless you can prove a form of discrimination, there is nothing you can do about it.
As for the issue, here are the regs.
391.41Physical qualifications for drivers
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(b) A person is physically qualified to drive a commercial motor vehicle if that person'
(2) Has no impairment of: ... (i) A hand or finger which interferes with prehension or power grasping;
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(7) Has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease which interferes with his/her ability to control and operate a commercial motor vehicle safely;
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(12)(i) Does not use any drug or substance identified in 21 CFR 1308.11 Schedule I, an amphetamine, a narcotic, or other habit-forming drug.(ii) Does not use any non-Schedule I drug or substance that is identified in the other Schedules in 21 part 1308 except when the use is prescribed by a licensed medical practitioner, as defined in §382.107, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle.FLATBED Thanks this.
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