DOT Physicals for new hires when you already have one.

I've seen them used in divorce actions.

 

I should add that part of the investigation into the murder of Dan Markel was law enforcement getting the Florida Turnpike information. This was part of the process where they tied the murder for hire to the nuckleheads that did the deed.

 

Show the statue that says a trucking company has to have every driver’s long form physical on file.The only thing that is exempt is the (MEC) the card you once carried in your wallet that is the only thing a officer can see without your permission.No body can call or go to a doctor office and see your information.I will be waiting for you to show where it says a trucking company has to have your long form physical on file I think I will be waiting a long time.

 

There is no such rule or law. That, however, is not the primary point. A carrier has the right to make job offers contingent on your releasing that information to them. Now, YOU find a rule or law that prevents them from doing so! You don't want to release the information, fine, go find another carrier that will let you do that!

 

‘Privacy Laws’ in this country don’t mean squat.
Look how the Covid 19 scam blew that out of the water.
Whenever some trash bag takes a pot-shot at a celebrity, before the 10pm news they broadcast their High School GPA from 30 years ago, which you yourself cannot have access from the School District, you graduated from.

 

Nobody really cares about privacy. It doesn't exist in the modern world.

 

Not to be argumentative, but I am talking about REGULATORY NEEDS.

OK, 45 CFR § 164.512(a). This is the part of the regulation that allows the transmittal of medical records under defined circumstances in a regulated industry.

In other words, the person (driver) DOES NOT NEED TO GIVE PERMISSION WHEN THERE IS A SAFETY-RELATED/REGULATORY ISSUE THAT REQUIRES DISCLOSURE OF A MEDICAL ISSUE AND/OR TREATMENT.

This also means that HIPAA does NOT trump the mandated needs to fulfill those regulated needs of the agencies that are charged with regulating the industry or the companies/entities that are being regulated.

As a carrier, there are times when the insurance companies can request medical specific information ot even the long form, and they can go directly to an examiner to ask for that information either through the carrier or directly, BUT when this happens, regardless as a carrier I have to have a record of it and all related information (reason and response from the insurance company) on file. THIS includes the long form.

This is not a level three check; this is about an investigation of, say, a fatality. You do not need permission from the driver to conduct an investigation, and because there is a record of the examiner on file with the qualifications of the driver to drive, the investigators do not need a warrant, but they get one just in case there are criminal charges.

Actually, yes, they can; HIPAA does not apply in this industry.

Normally, examiners follow specific protocols on medical information, and as the norm, they won't release info without confirming who is requesting it and why, usually with written proof of a need, which is a good thing. But even the examiners are told by the FMCSA and the FAA that there is no privacy based on safety-related jobs involved.

I just explained such a need for it; there are others. The same with drug testing, there is absolutely no protection of privacy when it comes to regulatory enforcement, not a bit, under HIPAA.

There are usually state privacy laws that cover some of it, but when it comes to federal laws, nope.

AND so you and others understand HIPAA does not apply to anyone outside the medical facility, a carrier can just toss the information into a folder, unlocked and accessible to anyone to see any time. However the medical facility can't be reckless.

 

Sadly, this is the case. I have had many conversations about this issue, along with random drug testing. I still think requiring a driver to go fill up a cup just because of what is basically a lottery violates that driver's rights under the 4th Amendment. I have no issue whatsoever with per cause testing. A cop sees your truck all over the road, or somebody sees you are high on a loading dock or a terminal, OFF to be tested you go. The thing is, people who make things happen feel safer because they got something done that makes them feel better at night. This is not just medical privacy or privacy in general. These days, kids can fly a drone over women on their back patio getting some sun, and generally, nobody cares. Oh, and those pesky rights found in the first 10 Amendments! You think you are safe and secure in those rights? Take the 4th Amendment, the right to be secure in your home and person. Well, look at these exceptions created out of established caselaw.

Exigent circumstances
Plain view
Search incident to arrest
Consent
Automobile exceptions
Special needs

Remember, each of these exceptions is up to the discretion of the Cops and the Courts. Remember, what they do in California is not necessarily the same in Texas! Now, don't even get me started on the exceptions to the 1st and 2nd Amendments. When I get on this subject of eroded rights and how some people defend these erosions, I always think of an old poem by Martin Niemoller:

First they came for the socialists, and I did not speak out—because I was not a socialist.

Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist.

Then they came for the Jews, and I did not speak out—because I was not a Jew.

Then they came for me—and there was no one left to speak for me.

—Martin Niemoller

 

So,, the other day, I'm talking to my neighbor , she has a smartaxx phone, I don't, she's talking, when all of a sudden, "this call is being recorded",,she keeps on talking I say,,,wait, wait, did you hear that? She says yes, I hear that a lot. I said, well, I don't like it one bit. APPARENTLY, there's a gizmo on smartaxx phones that allows you to record a call. My concern is, who turns that on? Paranoia is nothing new, George Orwell wrote about it in the book"1984" about total govt. control via, yep, a TV screen, and was written in 1949. I chuckle at stout promoters of their all so precious phones, blabbing away, blissfully unaware, Big Brother is Watching,,,or listening anyway.,,,wait, who are you guys,,,where are you taking me,,,,,,,

 

Carriers are required to keep your long form in your driver qualification file. Apparently you haven’t been driving to long because i remember when you had to carry your long form the truck with you because California would not accept the short form “card” during an inspection.