DOT medical long form question

Yes the questions are legal, but no you do not have to submit your long form. The FMCSA has put public safety over privacy, although I don't really agree with it. I agree that some of their questions are not important in determining if I am currently medically qualified to drive, they seem more like long term health assessment questions to me.

As for everyone at your company having access, if they follow the proper procedure in the regulation only the safety department should ever see your long form, if you chose to give them a copy, and even then only whoever needs to verify that the doctor properly certified you. Medical certification information is required to be kept in a confidential file separate from your employee file and your driver qualification file. Further, they only are required to retain it for 15 days, after that it can be disposed of if they get a copy of the CDLIS report showing your state DMV has accepted the medical certification.

Here is a link to the FMCSA regulations on medical certification, read through it and you will see exactly what your employer is supposed to do and compare that to what is being done.
eCFR — Code of Federal Regulations

Pay attention to how the FMCSA references this, many motor carriers are confused by it. They state in 392.51(b)(7)(i) which is the driver qualification portion, that a motor carrier must obtain the medical certification as prescribed in 391.43(g). This is the paragraph that says after a medical examiner finds you qualified they must issue a certificate and furnish the certificate to your current or prospective employer. No where does it say they have to furnish the entire long form.

Now, that said, an employer can always exceed the minimum qualification requirements, and deny you employment for not cooperating. If they want the long form and you will not authorize it then they simply will not hire you. I agree this is crappy, but it is the same as the companies that do work assessments like lifting and bending tests, they want to make sure you meet their specific level of fitness and make employment conditional on proving it.

 

Yes, it is legal for them to ask.

The thing is no one forced you into getting your cdl, you chose to, by chosing to you agree to their terms and to be subject to the FMCSA and DOT, and apart of that is answering those questions.