New DOT physical for new meds?

Discussion in 'Trucking Industry Regulations' started by Ret702, Oct 10, 2021.

  1. Chinatown

    Chinatown Road Train Member

    75,671
    173,177
    Aug 28, 2011
    Henderson, NV & Orient
    0
    Are the meds on the list of banned meds for cdl drivers?
    @Moose1958 can give advice on that.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Moose1958

    Moose1958 Road Train Member

    15,210
    33,633
    Dec 17, 2010
    Williesburg, Virignia
    0
    The only "legal" substances that are outright banned are ANY medication used to control seizures. Drugs like oxycodone and hydrocodone are normally banned with an exception if there is a genuine medical need and the ME approves it!

    I have not really seen the actual correct answer here yet! First, let's dispel a notion about HIPPA that is a common myth! A carrier can request you provide them a list of medications and make doing so a condition of continued employment! The carrier is not going to give a rat's patoot if you are taking some kind of vitamin! Some DO care if you are taking antidepressants etc! It goes back to legal liability! This topic comes up on these boards and it still surprises me at how some give advice! You should be listing EVERY medication you are currently taking when you get your physical. Then make that long-form available to the carrier if they ask for it! (most will)! This is the major rub! You stand a fantastic chance of getting by with hiding mood-altering substances as a driver! You won't get by with it if an attorney goes after you with legal discovery requests for your medical records and prescription records. Oh and don't rely on HIPPA to come to your defense in that situation! It's excluded in lawsuits! Bottom line! If the carrier requests this information be honest! Either provide it or accept losing your job or a job offer! It's just that simple!
     
    wis bang, buzzarddriver and Chinatown Thank this.
  4. REO6205

    REO6205 Road Train Member

    13,171
    60,501
    Feb 15, 2014
    California.
    0
     
  5. Moose1958

    Moose1958 Road Train Member

    15,210
    33,633
    Dec 17, 2010
    Williesburg, Virignia
    0
    I'm going to stand on my comment as I wrote it! I never mentioned an employment application. The basic reason is by the time we are at the point of the physical the application is already finished. As it relates to the application the only guidance I can remember is contained in 391.21 (c).
    A motor carrier may require an applicant to provide information in addition to the information required by paragraph (b) of this section on the application form.

    The issue I have with your question is I can't prove a negative! What I mean by that is you may be doing it right and another carrier that is asking for this information may be also doing it right! I can not find any regulation anywhere in title 49 CFR other than the one I just quoted! Still, as this relates to an application that's a rabbit hole I rather stay out of because there are different state laws when it comes to an application.

    On the subject of lists, this is directly on the medical long form! 391.43 (f). Then in (g) (2) (I) and (ii) you see this instruction!

    (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.


    A driver IF they follow these regulations is supposed to be listing the medications they are taking. Then IF the carrier requests this long-form the ME is required to provide it! To the best of my knowledge part, 391 is the only regulation that covers this process. Now I go back to what I wrote before!

     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.