Carrier Demanding CPAP Results

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by ttnae, Nov 8, 2021.

  1. ttnae

    ttnae Light Load Member

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    Can a carrier require a driver to show regular proof of CPAP use. For instance of my company wanted to see my data once a month, do I have to comply?
     
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  3. ZVar

    ZVar Road Train Member

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    No you don't. They also don't have to employee you either.
     
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  4. buddyd157

    buddyd157 Road Train Member

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  5. Moose1958

    Moose1958 Road Train Member

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    The FMCSA actually has little to say regulation-wise on this subject! So I am going to go by what's stated in part 391. 391.43(g)(2) (I) and (ii) state the examiner is required to give the carrier a copy of the physical. I would extrapolate from this the carrier has the right to this data. I would also add this. The carrier is wanting this data for their own reasons and I would highly advise avoiding getting into a pissin contest and complying with the request.

    I did not link the code section because I don't feel well. I would just add this. If anybody wants to argue with me on this write the local FMCSA service center and ask them!
     
  6. buddyd157

    buddyd157 Road Train Member

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    i figured that too, if the carrier wants that info, he had to hand it over, to ensure he is using the machine.

    thanks.
     
  7. prostartom

    prostartom Light Load Member

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    A couple of years ago I was asked by a safety manager for the long form from the medical professional that did my DOT physical. I asked why and he said it was normal procedure. It's not normal at any driving job I have ever worked before. I said there was private medical information (even though there wasn't) on there and I don't see how it's any of the company's business.

    As far as I am concerned all they need to know is that a licensed medical professional declared me fit to drive a commercial vehicle. That's what the medical card is for and that's all I have to show you.

    Was I wrong?
     
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  8. jason6541

    jason6541 Road Train Member

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    That’s all I have ever given them,
    But I have always paid for my own physical.
    If a mega #### box company pays for it then I guess they have a right to see long form?.

    cpap readout it’s your private information and you don’t need to share it, but your job maybe in jeopardy?.

    FMCSA has finalized or made a rule on CPAP
    or sleep apnea.
     
    Last edited: Nov 8, 2021
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  9. Moose1958

    Moose1958 Road Train Member

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    You are wrong! The carrier has the right to that form if they desire it. The regulation is above.

    Upon completion of the medical examination required by this subpart:

    (1) The medical examiner must date and sign the Medical Examination Report and provide his or her full name, office address, and telephone number on the Report.

    (2)

    (i) Before June 23, 2025, if the medical examiner finds that the person examined is physically qualified to operate a commercial motor vehicle in accordance with § 391.41(b), he or she must complete a certificate in the form prescribed in paragraph (h) of this section and furnish the original to the person who was examined. The examiner must provide a copy to a prospective or current employing motor carrier who requests it.

    (ii) On or after June 23, 2025, if the medical examiner identifies that the person examined will not be operating a commercial motor vehicle that requires a commercial driver's license or a commercial learner's permit and finds that the driver is physically qualified to operate a commercial motor vehicle in accordance with § 391.41(b), he or she must complete a certificate in the form prescribed in paragraph (h) of this section and furnish the original to the person who was examined. The examiner must provide a copy to a prospective or current employing motor carrier who requests it.
     
    Last edited: Nov 8, 2021
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  10. Moose1958

    Moose1958 Road Train Member

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    If a carrier asks for a copy of that long form and you balk, do not expect to be driving for them much longer!
     
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  11. skallagrime

    skallagrime Road Train Member

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    NO NO NO NO NO NO NO

    Go elsewhere, find a job that doesnt view your health data as their property.

    Its true theyre only trying to cover their butts, but governmental overreach is bad, but to be expected, COMPANY overreach is worse, its more insidious and ought to be resisted at every turn, loudly.
     
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