Pre hire with Werner

Discussion in 'Trucker Legal Advice' started by Liddletrucker, Mar 1, 2008.

  1. witchwaywest

    witchwaywest Medium Load Member

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    Psanderson,I contacted the FMCSA in regards to medical criteria for rispiratory dysfunction.He stated that if the medical examiner has qualified the driver and knows his medical history and his current condition is not likely to affect the drivers ability to operate a CMV safely then he is deemed qualified.I did point out to him about"history of rispiratory dysfunction"He said that if the problem has been corrected and his doctor signed off on the certificate then the FMCSA has no problem.They did say that they have no jurisdiction in regards to what a companies guidelines are on medical conditions and hiring.He said some companies can have their own internal policies for medical conditions because of liabilties posed by the applicant and his health.This was from the New Jersey regional office.609-275-2604.
     
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  3. psanderson

    psanderson Road Train Member

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    Mush have changed the interpretation since I retired. That is good though in most instances
     
  4. firstgear

    firstgear Light Load Member

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    Sounds like the ADA could quite possibly come into play. Seems like a clear cut case of discrimination to me.
     
  5. psanderson

    psanderson Road Train Member

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    I talked to a friend in D.C. who's still there & he says the interpretation hasn't changed. Did you call a state office or the toll free number? That toll free number is often wrong I'm told.
     
  6. Roadmedic

    Roadmedic Road Train Member

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    She listed the regional phone number in NJ that was called.
     
  7. witchwaywest

    witchwaywest Medium Load Member

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    Psanderson,First I called the NY regional office.The guy that handles medical questions wouldn't be in until Monday.Then I called Illinois office.She stated she couldn't answer my question.She gave me the phone for the Washington,DC office that handles medical.At that number there was just voicemail.The last number I called was the New Jersey office.I spoke with a rep for about fifteen minutes.What I posted was what he stated.This question is starting to get to me,mainly because of the conflicting responses from the FMCSA.I posed my question at length to the medical office in DC this morning.Hopefully they will respond to my E-mail and give me an answer written in stone, although I won't hold my breath.And road medic I'm not a she at least I wasn't the last time I looked.
     
  8. psanderson

    psanderson Road Train Member

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    Let me know what they say. I'll call a couple of people as well. Maybe Dr. I know is still there (I won't post any names on here for obvious reasons).
     
  9. Liddletrucker

    Liddletrucker Bobtail Member

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    Jan 23, 2008
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    I have read all the posts concerning the transplants and DOT. I am not an official, just a recipient of the gift of life.

    I don't know exactly how to interpret the regulations. They leave alot up in the air. I do know that according to my Dr. and the Dr that gave me my physical (different DR.s) that they have told me my lungs are better than most adult. My lungs were given to me by a young man in his teens.

    So, this brings up the question. How many of you all have been exposed to second hand smoke, or even smoke cigarettes, chemicals from the plants while going and picking up a load, sitting in traffic with your windows down, use harsh chemicals to clean your home or your truck? All of the above can cause you to have lung dysfunction.

    I am no Dr., but I can tell you that there is NO REASON whatsoever for me to not to be able to breath or drive a truck. I have NO LUNG DYSFUNCTION AT ALL. I have the test results to prove this. Does DOT ask for these? I can provide what ever is necessary to prove this information.

    Just to update you all. I have went to work, since I posted this letter. My hubby and I have become one of our companies elite teams. Which we are very proud of. An honest days work for an honest days pay. That is all I want.

    The problem with transplants, so many people think they know what is going on with a recipient and they haven't been informed properly. It is a shame to get a second chance at life and willing to work,instead of sitting at home drawing a check, which I can do. And be discriminated against. I hope this doesn't happen to any of you.

    Google, lung transplants and see what you come up with. check out the univerisities that do them. Barnes-Jewish, ST. Louis, MO is where I go.

    Liddletrucker
     
  10. witchwaywest

    witchwaywest Medium Load Member

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    Monroe New York
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    Liddle trucker,I am very happy that you have had a second chance at life.I do not take this lightly.I am glad that you have found something that you enjoy doing and of course don't take for granted.I saw your post and searched for definite answer from the FMCSA on their rules.I am awaitng a reply after getting conflicting answers from the regional offices.My wife had a bone marrow transplant at 28.It was successful.Ten years later she developed squamous cell carcinoma from the prior radiation treatment.She passed away at 38 years old after unsuccessfull treatment.There's a lot of us out there that don't post personal info but in this case I thought it would be helpful.I'll find the answer to your question and the rules and offer support.In the mean time,enjoy what your doing and get on with life as I see you are.As for the whiners out there,it's trucking,make the best you can of it and quit whining.Life can be shorter than you expect.
     
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  11. psanderson

    psanderson Road Train Member

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    I'll second that!!!!!!
     
    Liddletrucker Thanks this.
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