DOT physical and prior use of prescription medications

This is a classic case of giving too much information. On the date ranges simply put in the date and "Unemployed" IF they ask say personal reasons, but never volunteering information.
By law all they need to do is attempt to verify, and there is no law that states they must have every day in the last 10 years explained.

@Moose1958 can hopefully give more info on the screening requirements.

 

Ah, interesting that you point out the law is only that they *attempt* to verify, and not that they actually *must* verify. This is helpful, thank you.

 

I guess I really should just chill out.. everyone always says the hiring process is something like "can you fog a mirror? great you're hired", but it seems like the more I look into it the more potential gotchas pop up.

 

For the record part, 391.23 DOES NOT mean a carrier can (just) pencil whip something and place it in the driver's files. To save space I am going to place the entire part of 391.23 under a spoiler button.
The FMCSA during their routine safety audits actually goes over these files. This is why some carriers are so dang anal about gaps.

I had to cut a lot of the last part of 391.23 so it would fit. However, I did get the main part!

Spoiler

§391.23 Investigation and inquiries.
(a) Except as provided in subpart G of this part, each motor carrier shall make the following investigations and inquiries with respect to each driver it employs, other than a person who has been a regularly employed driver of the motor carrier for a continuous period which began before January 1, 1971:

(1) An inquiry, within 30 days of the date the driver's employment begins, to each State where the driver held or holds a motor vehicle operator's license or permit during the preceding 3 years to obtain that driver's motor vehicle record.

(2) An investigation of the driver's safety performance history with Department of Transportation regulated employers during the preceding three years.

(b) A copy of the motor vehicle record(s) obtained in response to the inquiry or inquiries to each State required by paragraph (a)(1) of this section must be placed in the driver qualification file within 30 days of the date the driver's employment begins and be retained in compliance with §391.51. If no motor vehicle record is received from the State or States required to submit this response, the motor carrier must document a good faith effort to obtain such information, and certify that no record exists for that driver in that State or States. The inquiry to the State driver licensing agency or agencies must be made in the form and manner each agency prescribes.

(c)(1) Replies to the investigations of the driver's safety performance history required by paragraph (a)(2) of this section, or documentation of good faith efforts to obtain the investigation data, must be placed in the driver investigation history file, after October 29, 2004, within 30 days of the date the driver's employment begins. Any period of time required to exercise the driver's due process rights to review the information received, request a previous employer to correct or include a rebuttal, is separate and apart from this 30-day requirement to document investigation of the driver safety performance history data.

(2) The investigation may consist of personal interviews, telephone interviews, letters, or any other method for investigating that the carrier deems appropriate. Each motor carrier must make a written record with respect to each previous employer contacted, or good faith efforts to do so. The record must include the previous employer's name and address, the date the previous employer was contacted, or the attempts made, and the information received about the driver from the previous employer. Failures to contact a previous employer, or of them to provide the required safety performance history information, must be documented. The record must be maintained pursuant to §391.53.

(3) Prospective employers should report failures of previous employers to respond to an investigation to the FMCSA and use the complaint procedures specified at §386.12 of this subchapter. Keep a copy of the reports in the driver investigation history file as part of documenting a good faith effort to obtain the required information.

(4) Exception. For drivers with no previous employment experience working for a DOT-regulated employer during the preceding three years, documentation that no investigation was possible must be placed in the driver investigation history file, after October 29, 2004, within the required 30 days of the date the driver's employment begins.

(d) The prospective motor carrier must investigate, at a minimum, the information listed in this paragraph from all previous employers of the applicant that employed the driver to operate a CMV within the previous three years. The investigation request must contain specific contact information on where the previous motor carrier employers should send the information requested.

(1) General driver identification and employment verification information.

(2) The data elements as specified in §390.15(b)(1) of this chapter for accidents involving the driver that occurred in the three-year period preceding the date of the employment application.

(i) Any accidents as defined by §390.5 of this chapter.

(ii) Any accidents the previous employer may wish to provide that are retained pursuant to §390.15(b)(2), or pursuant to the employer's internal policies for retaining more detailed minor accident information.

(e) In addition to the investigations required by paragraph (d) of this section, the prospective motor carrier employers must investigate the information listed below in this paragraph from all previous DOT regulated employers that employed the driver within the previous three years from the date of the employment application, in a safety-sensitive function that required alcohol and controlled substance testing specified by 49 CFR part 40.

 

I just went to get my physical renewed. Not a DOT drug test. They ran threw my pharmacy records without telling me came back in and because of my adhd medicine have my physical on hold until I can get my doctor to send a letter saying it doesn’t effect my driving ability. I been driving 30 years and have never had anyone do a pharmacy check. Is this legal because I definitely didn’t give him permission

 

Those state pharmacy databases are what they are. I can't find a specific rule that either allows an ME to check them or prohibits it. I would be willing to bet part of the paperwork you filled out was giving this ME permission to check. The way I see it you have two basic choices. File a complaint under 386.12 OR contact the closest FMCSA regional service center.

I will say this again, play CLOSE ATTENTION to what you are signing when you do that pre-physical paperwork.

 

HIPPA prevents looking without permission, but FMCSA allows it. There is no legal case that I've found that has shown which takes precedence.

Most likely though you did give permission in your paperwork as most places do ask, as FMCSA does recommend getting permission to avoid any legal questions.

 

When did it become legal for the doctor giving you a DOT physical not a drug screen to some how get your pharmacy records?

 

Remember there is something VERY important about HIPPA that some forget. HIPPA does not prevent an employer or a Medical Examiner from asking. HIPPA mandates those that who have the records must maintain their privacy unless you grant them an OK. This sometimes gets lost. If the ME got those records it falls to whoever released them, NOT the ME!

 

It's been my experience that the FMCSA is a bit wishy-washy on this issue. They seem to be of the mindset that employers etc should get signed releases. It's hard enough as it is keeping up with title 49 CFR, get me into HIPPA and I get lost. Plus there are so many dang interpretations on who can do what and where. This is why I try to stay out of HIPPA discussions as they relate to regulatory compliance. I just state if an employer asks and you refuse to sign the release they most likely won't hire you.