DOT medical long form question

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by Texasmiss, Aug 16, 2018.

  1. Texasmiss

    Texasmiss Bobtail Member

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    Aug 31, 2015
    0
    Hi,
    I took off from driving for a little over a year and now am going back to work. My medical had expired and I had to go pay for a physical to keep my license from downgrading. The new company asked for long form which this time I opened and it has the questioner in it which does, not differentiate between currently and passed. EX:
    Do you or have you ever smoked?
    Some of the questions are really personal and do not affect my job in any way what's so ever. Like ... I have ever had a chronic disease, I did and I'm cured years ago. I have always just turned these over :(
    I worked for a company that the supervisor asked me out numerous times I declined, but that's an example of a person that I have handed this info over to. I probably never should not have. How is this legal? Do we jave to turn in the questioner part? I can understand if anyone has current issues that would affect their driving but it doesn't say past or present.
     
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  3. brian991219

    brian991219 Road Train Member

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    Aug 10, 2013
    Lords Valley, PA
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    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.
     
  4. James122

    James122 Light Load Member

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    Jun 28, 2018
    United States
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    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.
     
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