Question

Locked

Edited... Only barely technology related...

By boxfiddler Moderator ·
OH saw the company doctor today in response to his employer's requirement to return to work. His own physicians have released him to drive, and to return to work. The company doc refused to release him, based solely on some Federal law supposedly stating that commercial drivers are disqualified from driving for 1 year after a stroke.

I've spent all afternoon googling this supposed law, and can't find anything but recommendations to the Federal Motor Carrier Safety Administration.

Any help I can get finding this law will be highly appreciated. Negating its existence would be better still...

*sighs*

He hasn't been disqualified. His CDL has not been revoked, marked for watching, disqualified.

This conversation is currently closed to new comments.

23 total posts (Page 2 of 3)   Prev   01 | 02 | 03   Next
| Thread display: Collapse - | Expand +

All Answers

Collapse -

That is what I thought

by Michael Jay In reply to Thanks, MJ.

but wanted you to find it, but it is from March of this year.

Collapse -

As of November

by boxfiddler Moderator In reply to That is what I thought

another panel has recommended the same. I'm thinking they're pushing it hard, and he'll never get past a DOT Certified doc because of it.

The freaking thing was a total fluke in relation to a leg injury. Geeminy.

http://preview.tinyurl.com/2fy2jwx

Collapse -

OK Davette

by OH Smeg In reply to Edited... Only barely te ...

I can see your technical Problem you need to improve the Capabilities of Google to Search for something which doesn't exist.

From what I can see and understand this is just a Recommendation which may or may not have been accepted. From what I can currently see it's not been accepted but it may currently be under review so if that's the case right at the moment it has no Legal Standing and the Medical Practitioner who refused to sign off may well be in breach of the Applicable Laws.

However here it also depends on what the Company Involved wants to do and they may accept all Recommendations made and want to work that way.

Nothing to disprove this as it's not been accepted currently at least, and is just a Recommendation.

But here I should ask in relation to this bit of your post

marked for watching, disqualified

What does this bit mean. If there is no Current Legislation in Place to Disqualify a person is this Disqualification an Official Disqualification or just something that the company concerned wants to push?

Col

Collapse -

I figger

by boxfiddler Moderator In reply to OK Davette

the Department of Transportation are pushing for this safety law related to stroke. OH's company (probably) uses DOT certified docs for medical. A valid DOT physical is required in addition to a Commercial Drivers Licene (CDL). His CDL isn't in question. His DOT physical cert is the problem. On a point of law that as far as I can tell is coming.

I think big changes are ahead.

Collapse -

Later

by santeewelding In reply to I figger

Suddenly becomes now.

Collapse -

Davette regardless the Doctor

by OH Smeg In reply to I figger

Should point to the Legislation and Section that he is using to refuse the Medical Assessment.

I'm certainly no Expert on US Law but if any person refers to the Law for anything they have to know what Piece of Legislation and the Section that they are referring to to knock back anything. If they just say No it's the Law they leave themselves open to being Sued and being a member of the Medical Profession a Claim of Medical Negligence.

I hope that is of some use Davette.

Col

Collapse -

They need to tell you exactly what part of the law it was

by AV . In reply to Edited... Only barely te ...

Maybe 49 CFR (Code of Federal Regulations)?

If you can get the actual section of the CFR code the doctor is referring to, you can look it up here:

http://www.gpoaccess.gov/cfr/

search 49cfr for all of it. There are several sections that refer to commercial trucking and transportation.

Try this website. Its free and real attorneys will answer your questions. There's a searchable database too.

http://www.lawguru.com.

If you can get the actual citation number that they disqualified him for, you can google that. Maybe its listed somewhere on the medical examination form? They should be able to give you that information, but if not, maybe the lawguru attorneys can help.

Hope this helps.

AV

Collapse -

Thanks, AV.

by boxfiddler Moderator In reply to They need to tell you exa ...

Know what I'll be doing with coffee this morning. :)

Collapse -

Reponse To Answer

by jg0279 In reply to They need to tell you exa ...

I asked a question at lawguru.com and got great feedback! It is definitely worth a try.

Collapse -

From all I've seen so far,

by seanferd In reply to Edited... Only barely te ...

it sounds more like company policy, regardless as to whether it is following a "Federal gov recommendation".

So, this doctor cannot claiom "Federal Law". He needs to either revise his findings, or point to the actual rule, wherever it is enshrined.

So, does this company have a habit of disappearing drivers at the least excuse, or what?

Back to Hardware Forum
23 total posts (Page 2 of 3)   Prev   01 | 02 | 03   Next

Related Discussions

Related Forums