Re: NEWBIE NEEDS HELP(clarification)

[Guest guest]

In a message dated 7/12/1999 8:17:47 PM Eastern Daylight Time,

wwotr@... writes:

<< What I want is my " old " rate of pay reinstated and my " grade " to be changed

BACK to what it was.

I'm looking to loose about $2000.00-$2500.00 a year.

That is ALOT to me and my family NOT to mention my pride! >>

Possible Suggestions:

* If you belong to a union, file a grievance.

* Check to see what protections you have under state law.

* Look for another job.

I really don't know what to suggest beyond that. Since our esteemed justices

on the SC took away pretty much all employment protection, I guess the next

best thing is to try what I suggested above. Call for ideas here, group?

Anyone?

Jim

[Guest guest]

Sorry about your problems but here it is in a nutshell. The DOT

requirements for passing your medical exam required every two years is as

follows. A diabetic on oral medication can maintain a CDL while a diabetic

on Insulin cannot. Your company really has no choice but to remove you from

driving. Now you need to check into wage and hour regs as if you were

salaried, they may not be able to reduce your salary amount per hour. Even

though they removed you from driving status. However if you were paid by

mile, they are doing what they can by placing you in another position and

making you hourly.

Sincerely

Ann S

Trucking company owner and diabetic

Re: NEWBIE NEEDS HELP(disscrimination?)

>

>

> >From: RevJSutter@...

> >

> >In a message dated 7/12/1999 12:10:42 AM Eastern Daylight Time,

> >wwotr@... writes:

> >

> ><< My contention is that although it may be a " blanket " law you've still

> got

> > the fact that your discriminating against a person because he " injects "

> his

> > drugs instead of orally.

> > (that the way I see it) >>

> >

> >

> >ARGH! People, please! As much as I think our friend here has been the

> >victim of discrimination, the recent US Supreme Court decision says it

> isn't

> >discrimination if a trucking company refuses to let a person drive when

> they

> >cannot meet the DOT requirements. When the SC speaks, it overrides ALL

> other

> >laws on the subject, including federal and state laws and local

ordinances.

> >

> >Jim

> >

> >---------------------------

[Guest guest]

Some states will let a person taking insulin have a CDL. The DOT has some

info on their website. The person taking insulin will need to have a

physical yearly, carry glucose with them, test their BG every so often, etc.

I sent the couple of links to the list yesterday.Maybe he can sign a waiver

and have a physical every year.

But then he siad that he didn't necessary want to drive. He just wanted his

old pay. He COULD drive. I thik he should print out the information from

the DOT website and show it to his company and see about signing a waiver.

Re: NEWBIE NEEDS HELP(clarification)

>

>

>Sorry about your problems but here it is in a nutshell. The DOT

>requirements for passing your medical exam required every two years is as

>follows. A diabetic on oral medication can maintain a CDL while a diabetic

>on Insulin cannot. Your company really has no choice but to remove you

from

>driving. Now you need to check into wage and hour regs as if you were

>salaried, they may not be able to reduce your salary amount per hour. Even

>though they removed you from driving status. However if you were paid by

>mile, they are doing what they can by placing you in another position and

>making you hourly.

>

>Sincerely

>

>Ann S

>

>Trucking company owner and diabetic

> Re: NEWBIE NEEDS HELP(disscrimination?)

>>

>>

>> >From: RevJSutter@...

>> >

>> >In a message dated 7/12/1999 12:10:42 AM Eastern Daylight Time,

>> >wwotr@... writes:

>> >

>> ><< My contention is that although it may be a " blanket " law you've still

>> got

>> > the fact that your discriminating against a person because he " injects "

>> his

>> > drugs instead of orally.

>> > (that the way I see it) >>

>> >

>> >

>> >ARGH! People, please! As much as I think our friend here has been the

>> >victim of discrimination, the recent US Supreme Court decision says it

>> isn't

>> >discrimination if a trucking company refuses to let a person drive when

>> they

>> >cannot meet the DOT requirements. When the SC speaks, it overrides ALL

>> other

>> >laws on the subject, including federal and state laws and local

>ordinances.

>> >

>> >Jim

>> >

>> >---------------------------

[Guest guest]

Bill this has nothing to do with states it has to do with DOT which is

Federal. I suppose that in the lesser CDL's this maybe so such as taxie or

bus in Intrastate. My knowledge is Big Trucks and Long Distance and in this

the DOT is firm

Annie

Re: NEWBIE NEEDS HELP(disscrimination?)

> >>

> >>

> >> >From: RevJSutter@...

> >> >

> >> >In a message dated 7/12/1999 12:10:42 AM Eastern Daylight Time,

> >> >wwotr@... writes:

> >> >

> >> ><< My contention is that although it may be a " blanket " law you've

still

> >> got

> >> > the fact that your discriminating against a person because he

" injects "

> >> his

> >> > drugs instead of orally.

> >> > (that the way I see it) >>

> >> >

> >> >

> >> >ARGH! People, please! As much as I think our friend here has been

the

> >> >victim of discrimination, the recent US Supreme Court decision says it

> >> isn't

> >> >discrimination if a trucking company refuses to let a person drive

when

> >> they

> >> >cannot meet the DOT requirements. When the SC speaks, it overrides

ALL

> >> other

> >> >laws on the subject, including federal and state laws and local

> >ordinances.

> >> >

> >> >Jim

> >> >

> >> >--------------------------- ONElist

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> >> >

> >> >Start a new ONElist list & you can WIN great prizes!

> >> >http://www.onelist.com

> >> >See homepage for details on ONElist's new " FRIENDS & FAMILY " program.

> >> >

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> >> http://www.onelist.com

> >> It's a new program at ONElist. See homepage for details.

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>> ------------------------------------------------------------------------

> >>

> >

> >

> >---------------------------

[Guest guest]

From the DOT web site:

[Code of Federal Regulations]

[Title 49, Volume 4, Parts 200 to 399]

[Revised as of October 1, 1998]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR391.64]

[Page 806-807]

TITLE 49--TRANSPORTATION

DEPARTMENT OF TRANSPORTATION

PART 391--QUALIFICATIONS OF DRIVERS--Table of Contents

Subpart G--Limited Exemptions

Sec. 391.64 Grandfathering for certain drivers participating in vision and

diabetes waiver study programs.

(a) The provisions of Sec. 391.41((3) do not apply to a driver who

was a participant in good standing on March 31, 1996, in a waiver study

program concerning the operation of commercial motor vehicles by

insulin-controlled diabetic drivers; provided:

(1) The driver is physically examined every year, including an

examination by a board-certified/eligible endocrinologist attesting to

the fact that the driver is:

(i) Otherwise qualified under Sec. 391.41;

(ii) Free of insulin reactions (an individual is free of insulin

reactions if that individual does not have severe hypoglycemia or

hypoglycemia unawareness, and has less than one documented, symptomatic

hypoglycemic reaction per month);

(iii) Able to and has demonstrated willingness to properly monitor

and manage his/her diabetes; and

(iv) Not likely to suffer any diminution in driving ability due to

his/her diabetic condition.

(2) The driver agrees to and complies with the following conditions:

(i) A source of rapidly absorbable glucose shalll be carried at all

times while driving;

(ii) Blood glucose levels shall be self-monitored one hour prior to

driving and at least once every four hours while driving or on duty

prior to driving using a portable glucose monitoring device equipped

with a computerized memory;

(iii) Submit blood glucose logs to the endocrinologist or medical

examiner at the annual examination or when otherwise directed by an

authorized agent of the FHWA;

(iv) Provide a copy of the endocrinologist's report to the medical

examiner at the time of the annual medical examination; and

(v) Provide a copy of the annual medical certification to the

employer for retention in the driver's qualification file and retain a

copy of the certification on his/her person while driving for

presentation to a duly authorized Federal, State or local enforcement

official.

( The provisions of Sec. 391.41((10) do not apply to a driver

who was a participant in good standing on March 31, 1996, in a waiver

study program concerning the operation of commercial motor vehicles by

drivers with visual impairment in one eye; provided:

(1) The driver is physically examined every year, including an

examination by an ophthalmologist or optometrist attesting to the fact

that the driver:

(i) Is otherwise qualified under Sec. 391.41; and

(ii) Continues to measure at least 20/40 (Snellen) in the better

eye.

(2) The driver provides a copy of the ophthalmologist or optometrist

report

[[Page 807]]

to the medical examiner at the time of the annual medical examination.

(3) The driver provides a copy of the annual medical certification

to the employer for retention in the driver's qualification file and

retains a copy of the certification on his/her person while driving for

presentation to a duly authorized federal, state or local enforcement

official.

[61 FR 13346, Mar. 26, 1996]

[Guest guest]

Please note the operative words GRANDFATHERING this applies to persons who

were already driving when the new DOT Regs and CDL's came into being.

Re: NEWBIE NEEDS HELP(clarification)

>

>

> >From the DOT web site:

>

> [Code of Federal Regulations]

> [Title 49, Volume 4, Parts 200 to 399]

> [Revised as of October 1, 1998]

> >From the U.S. Government Printing Office via GPO Access

> [CITE: 49CFR391.64]

>

> [Page 806-807]

>

> TITLE 49--TRANSPORTATION

>

> DEPARTMENT OF TRANSPORTATION

>

> PART 391--QUALIFICATIONS OF DRIVERS--Table of Contents

>

> Subpart G--Limited Exemptions

>

> Sec. 391.64 Grandfathering for certain drivers participating in vision

and

> diabetes waiver study programs.

>

> (a) The provisions of Sec. 391.41((3) do not apply to a driver who

> was a participant in good standing on March 31, 1996, in a waiver study

> program concerning the operation of commercial motor vehicles by

> insulin-controlled diabetic drivers; provided:

> (1) The driver is physically examined every year, including an

> examination by a board-certified/eligible endocrinologist attesting to

> the fact that the driver is:

> (i) Otherwise qualified under Sec. 391.41;

> (ii) Free of insulin reactions (an individual is free of insulin

> reactions if that individual does not have severe hypoglycemia or

> hypoglycemia unawareness, and has less than one documented, symptomatic

> hypoglycemic reaction per month);

> (iii) Able to and has demonstrated willingness to properly monitor

> and manage his/her diabetes; and

> (iv) Not likely to suffer any diminution in driving ability due to

> his/her diabetic condition.

> (2) The driver agrees to and complies with the following conditions:

> (i) A source of rapidly absorbable glucose shalll be carried at all

> times while driving;

> (ii) Blood glucose levels shall be self-monitored one hour prior to

> driving and at least once every four hours while driving or on duty

> prior to driving using a portable glucose monitoring device equipped

> with a computerized memory;

> (iii) Submit blood glucose logs to the endocrinologist or medical

> examiner at the annual examination or when otherwise directed by an

> authorized agent of the FHWA;

> (iv) Provide a copy of the endocrinologist's report to the medical

> examiner at the time of the annual medical examination; and

> (v) Provide a copy of the annual medical certification to the

> employer for retention in the driver's qualification file and retain a

> copy of the certification on his/her person while driving for

> presentation to a duly authorized Federal, State or local enforcement

> official.

> ( The provisions of Sec. 391.41((10) do not apply to a driver

> who was a participant in good standing on March 31, 1996, in a waiver

> study program concerning the operation of commercial motor vehicles by

> drivers with visual impairment in one eye; provided:

> (1) The driver is physically examined every year, including an

> examination by an ophthalmologist or optometrist attesting to the fact

> that the driver:

> (i) Is otherwise qualified under Sec. 391.41; and

> (ii) Continues to measure at least 20/40 (Snellen) in the better

> eye.

> (2) The driver provides a copy of the ophthalmologist or optometrist

> report

>

> [[Page 807]]

>

> to the medical examiner at the time of the annual medical examination.

> (3) The driver provides a copy of the annual medical certification

> to the employer for retention in the driver's qualification file and

> retains a copy of the certification on his/her person while driving for

> presentation to a duly authorized federal, state or local enforcement

> official.

>

> [61 FR 13346, Mar. 26, 1996]

>

>

>

>

>

>

> ---------------------------

[Guest guest]

This also applies to special persons participating in certain study

programs.

For the most part read on in the handbook. The next time my S/O comes

through I will scan that part of the DOT handbook for anybody who is

interested

Ann S

Re: NEWBIE NEEDS HELP(clarification)

>

>

> >From the DOT web site:

>

> [Code of Federal Regulations]

> [Title 49, Volume 4, Parts 200 to 399]

> [Revised as of October 1, 1998]

> >From the U.S. Government Printing Office via GPO Access

> [CITE: 49CFR391.64]

>

> [Page 806-807]

>

> TITLE 49--TRANSPORTATION

>

> DEPARTMENT OF TRANSPORTATION

>

> PART 391--QUALIFICATIONS OF DRIVERS--Table of Contents

>

> Subpart G--Limited Exemptions

>

> Sec. 391.64 Grandfathering for certain drivers participating in vision

and

> diabetes waiver study programs.

>

> (a) The provisions of Sec. 391.41((3) do not apply to a driver who

> was a participant in good standing on March 31, 1996, in a waiver study

> program concerning the operation of commercial motor vehicles by

> insulin-controlled diabetic drivers; provided:

> (1) The driver is physically examined every year, including an

> examination by a board-certified/eligible endocrinologist attesting to

> the fact that the driver is:

> (i) Otherwise qualified under Sec. 391.41;

> (ii) Free of insulin reactions (an individual is free of insulin

> reactions if that individual does not have severe hypoglycemia or

> hypoglycemia unawareness, and has less than one documented, symptomatic

> hypoglycemic reaction per month);

> (iii) Able to and has demonstrated willingness to properly monitor

> and manage his/her diabetes; and

> (iv) Not likely to suffer any diminution in driving ability due to

> his/her diabetic condition.

> (2) The driver agrees to and complies with the following conditions:

> (i) A source of rapidly absorbable glucose shalll be carried at all

> times while driving;

> (ii) Blood glucose levels shall be self-monitored one hour prior to

> driving and at least once every four hours while driving or on duty

> prior to driving using a portable glucose monitoring device equipped

> with a computerized memory;

> (iii) Submit blood glucose logs to the endocrinologist or medical

> examiner at the annual examination or when otherwise directed by an

> authorized agent of the FHWA;

> (iv) Provide a copy of the endocrinologist's report to the medical

> examiner at the time of the annual medical examination; and

> (v) Provide a copy of the annual medical certification to the

> employer for retention in the driver's qualification file and retain a

> copy of the certification on his/her person while driving for

> presentation to a duly authorized Federal, State or local enforcement

> official.

> ( The provisions of Sec. 391.41((10) do not apply to a driver

> who was a participant in good standing on March 31, 1996, in a waiver

> study program concerning the operation of commercial motor vehicles by

> drivers with visual impairment in one eye; provided:

> (1) The driver is physically examined every year, including an

> examination by an ophthalmologist or optometrist attesting to the fact

> that the driver:

> (i) Is otherwise qualified under Sec. 391.41; and

> (ii) Continues to measure at least 20/40 (Snellen) in the better

> eye.

> (2) The driver provides a copy of the ophthalmologist or optometrist

> report

>

> [[Page 807]]

>

> to the medical examiner at the time of the annual medical examination.

> (3) The driver provides a copy of the annual medical certification

> to the employer for retention in the driver's qualification file and

> retains a copy of the certification on his/her person while driving for

> presentation to a duly authorized federal, state or local enforcement

> official.

>

> [61 FR 13346, Mar. 26, 1996]

>

>

>

>

>

>

> ---------------------------

[Guest guest]

So how is (was) one to get into this special study group?

wwotr

Visit my Lee Roth website at:

www.sonic.net/~wwotr

Visit my Camaro webpage at:

www.sonic.net/~wwotr/70camaro.htm

Re: NEWBIE NEEDS HELP(clarification)

>

>

>This also applies to special persons participating in certain study

>programs.

>

>For the most part read on in the handbook. The next time my S/O comes

>through I will scan that part of the DOT handbook for anybody who is

>interested

>

>Ann S

> Re: NEWBIE NEEDS HELP(clarification)

>

>

>>

>>

>> >From the DOT web site:

>>

>> [Code of Federal Regulations]

>> [Title 49, Volume 4, Parts 200 to 399]

>> [Revised as of October 1, 1998]

>> >From the U.S. Government Printing Office via GPO Access

>> [CITE: 49CFR391.64]

>>

>> [Page 806-807]

>>

>> TITLE 49--TRANSPORTATION

>>

>> DEPARTMENT OF TRANSPORTATION

>>

>> PART 391--QUALIFICATIONS OF DRIVERS--Table of Contents

>>

>> Subpart G--Limited Exemptions

>>

>> Sec. 391.64 Grandfathering for certain drivers participating in vision

>and

>> diabetes waiver study programs.

>>

>> (a) The provisions of Sec. 391.41((3) do not apply to a driver who

>> was a participant in good standing on March 31, 1996, in a waiver study

>> program concerning the operation of commercial motor vehicles by

>> insulin-controlled diabetic drivers; provided:

>> (1) The driver is physically examined every year, including an

>> examination by a board-certified/eligible endocrinologist attesting to

>> the fact that the driver is:

>> (i) Otherwise qualified under Sec. 391.41;

>> (ii) Free of insulin reactions (an individual is free of insulin

>> reactions if that individual does not have severe hypoglycemia or

>> hypoglycemia unawareness, and has less than one documented, symptomatic

>> hypoglycemic reaction per month);

>> (iii) Able to and has demonstrated willingness to properly monitor

>> and manage his/her diabetes; and

>> (iv) Not likely to suffer any diminution in driving ability due to

>> his/her diabetic condition.

>> (2) The driver agrees to and complies with the following conditions:

>> (i) A source of rapidly absorbable glucose shalll be carried at all

>> times while driving;

>> (ii) Blood glucose levels shall be self-monitored one hour prior to

>> driving and at least once every four hours while driving or on duty

>> prior to driving using a portable glucose monitoring device equipped

>> with a computerized memory;

>> (iii) Submit blood glucose logs to the endocrinologist or medical

>> examiner at the annual examination or when otherwise directed by an

>> authorized agent of the FHWA;

>> (iv) Provide a copy of the endocrinologist's report to the medical

>> examiner at the time of the annual medical examination; and

>> (v) Provide a copy of the annual medical certification to the

>> employer for retention in the driver's qualification file and retain a

>> copy of the certification on his/her person while driving for

>> presentation to a duly authorized Federal, State or local enforcement

>> official.

>> ( The provisions of Sec. 391.41((10) do not apply to a driver

>> who was a participant in good standing on March 31, 1996, in a waiver

>> study program concerning the operation of commercial motor vehicles by

>> drivers with visual impairment in one eye; provided:

>> (1) The driver is physically examined every year, including an

>> examination by an ophthalmologist or optometrist attesting to the fact

>> that the driver:

>> (i) Is otherwise qualified under Sec. 391.41; and

>> (ii) Continues to measure at least 20/40 (Snellen) in the better

>> eye.

>> (2) The driver provides a copy of the ophthalmologist or optometrist

>> report

>>

>> [[Page 807]]

>>

>> to the medical examiner at the time of the annual medical examination.

>> (3) The driver provides a copy of the annual medical certification

>> to the employer for retention in the driver's qualification file and

>> retains a copy of the certification on his/her person while driving for

>> presentation to a duly authorized federal, state or local enforcement

>> official.

>>

>> [61 FR 13346, Mar. 26, 1996]

>>

>>

>>

>>

>>

>>

>> ---------------------------

[Guest guest]

The followingisalingtoDOTrequirements in a PDF file.It requires Adobe

Acrobat to read it.

http://www.fhwa.dot.gov/omc/pihs/pihs391.pdf

The following link is a list of phone numbers in every state:

http://mcregis.fhwa.dot.gov/request.htm

The following is from http://mcregis.fhwa.dot.gov/medical.htm\

§ 391.41((3) - A person is physically qualified to drive a commercial

motor vehicle if that person:

Has no established medical history or clinical diagnosis of diabetes

mellitus currently requiring insulin for control.

There is no provision in the Federal Motor r Safety Regulations

(FMCSRs) for a waiver of the minimum physical requirement with respect to

the insulin-using diabetic. Diabetes mellitus is a disease which, on

occasion, can result in a loss of consciousness or orientation in time and

space. Individuals who require insulin for control have conditions which can

get out of control by the use of too much or too little insulin, or food

intake not consistent with the insulin dosage. Incapacitation may occur from

symptoms of hyperglycemic or hypoglycemic reactions (drowsiness,

semiconsciousness, diabetic coma, or insulin shock). The administration of

insulin is, within itself, a complicated process requiring insulin, syringe,

needle, alcohol sponge and a sterile technique. Factors related to long-haul

commercial motor vehicle operations, such as fatigue, lack of sleep, poor

diet, emotional conditions, stress, and concomitant illness, compound the

diabetic problem. Therefore, the FHWA has consistently held that a diabetic

who uses insulin for control does not meet the minimum physical requirements

of the FMCSRs.

Certain drugs, known as hypoglycemic agents, are sometimes prescribed for

diabetic individuals to help stimulate natural body production of insulin.

If the condition can be controlled by the use of oral medication and diet,

then an individual may be qualified under the present rule.

[Guest guest]

Isn't that just what I said several times. I own an interstate trucking

company and have to know these things.

Hugs to you all and I am so sorry for the driver who has lost his job.

Ann S

Re: NEWBIE NEEDS HELP(clarification)

>

>

> The followingisalingtoDOTrequirements in a PDF file.It requires Adobe

> Acrobat to read it.

>

> http://www.fhwa.dot.gov/omc/pihs/pihs391.pdf

>

> The following link is a list of phone numbers in every state:

> http://mcregis.fhwa.dot.gov/request.htm

>

> The following is from http://mcregis.fhwa.dot.gov/medical.htm\

>

> § 391.41((3) - A person is physically qualified to drive a commercial

> motor vehicle if that person:

>

> Has no established medical history or clinical diagnosis of diabetes

> mellitus currently requiring insulin for control.

>

> There is no provision in the Federal Motor r Safety Regulations

> (FMCSRs) for a waiver of the minimum physical requirement with respect to

> the insulin-using diabetic. Diabetes mellitus is a disease which, on

> occasion, can result in a loss of consciousness or orientation in time and

> space. Individuals who require insulin for control have conditions which

can

> get out of control by the use of too much or too little insulin, or food

> intake not consistent with the insulin dosage. Incapacitation may occur

from

> symptoms of hyperglycemic or hypoglycemic reactions (drowsiness,

> semiconsciousness, diabetic coma, or insulin shock). The administration of

> insulin is, within itself, a complicated process requiring insulin,

syringe,

> needle, alcohol sponge and a sterile technique. Factors related to

long-haul

> commercial motor vehicle operations, such as fatigue, lack of sleep, poor

> diet, emotional conditions, stress, and concomitant illness, compound the

> diabetic problem. Therefore, the FHWA has consistently held that a

diabetic

> who uses insulin for control does not meet the minimum physical

requirements

> of the FMCSRs.

>

> Certain drugs, known as hypoglycemic agents, are sometimes prescribed for

> diabetic individuals to help stimulate natural body production of insulin.

> If the condition can be controlled by the use of oral medication and diet,

> then an individual may be qualified under the present rule.

>

>

>

> ---------------------------