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Told my Tm about fmcsa part 392. He comes back with this paper 392.3. On will let me upload so I will rite it
The fmcsr do not do not require an examination in this case unless the injury or illness has impaired the drivers ability to perform his/her normal duties . however the motor carrier may require a driver returning from any illness or injury to take a physical examination but,in either case ,the motor carrier has the obligation to determine if an injury or illness renders the driver medically unqualified
 
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I turned in a doctor's note and was sent to do my dot again before I can return to work did both and still received an warning letter for failed to complete bid start time or protect bid intent to discharge In what I have now .
 
If someone has a attendance problem I doubt this is the magic wand to make it go away.
If you do book off using FMCSA 392.3 you need to be ready to go to OSHA like the OP and follow through if the company calls you out on it or it will get you nowhere. Don't try to bluff with it.
Also if they only send people booking off using FMCSA 392.3 to the company doctor and not people using a sick day they are in violation also for discrimination which is covered in the guidance section.
If you as a driver are ever found in violation of FMCSA 392.3 for being impaired by fatigue or illness that is 10 points against "YOU" and will probably make it impossible for you to get a good driving job anywhere. It follows you.
http://freight.about.com/od/Legal/tp/Csa-Point-Values.htm
 
Well if they the company would raise the pay standards and few other items.The company wouldn't have to demand anyone to overwork themselves.The company asked for these things with the union aadministration's blessings .Now that they are in a pickle concerning personnel.They want allof us to ssacrafice safety.Screw that
 
Did they come to your house pick you up, put you in the truck and tell you now get going? If you drove it was because You came in and did it.
OHSA has nothing to do with it. If your sick your sick don't work. If it's fatigue what did you do on your rest? Dot says your suppose to rest on your time off maybe you forgot to read that part.....
 
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Black Bart said:
Did they come to your house pick you up, put you in the truck and tell you now get going? If you drove it was because You came in and did it.
OHSA has nothing to do with it. If your sick your sick don't work. If it's fatigue what did you do on your rest? Dot says your suppose to rest on your time off maybe you forgot to read that part.....
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So if you break down and get off at 14 hours then on the way home you are stuck in construction traffic or traffic from a wreck and you end up with 5 hours sleep is that the time off you are talking about answer man.
 
mrx said:
So if you break down and get off at 14 hours then on the way home you are stuck in construction traffic or traffic from a wreck and you end up with 5 hours sleep is that the time off you are talking about answer man.
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It has been my experience as both a driver and a steward; that isolated incidents such as your example can be accommodated. But it remains the SOLE responsibility of the driver to determine fitness for duty.
 
albag said:
It has been my experience as both a driver and a steward; that isolated incidents such as your example can be accommodated. But it remains the SOLE responsibility of the driver to determine fitness for duty.
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You are right some incidents can be accommodated, depending on where you work and who is wearing the tie that day.That is a big part of the problem where one manager will work with people and 100 miles down the road the manager is hard line and won't budge. We work for a company that has said it won't accept a doctors note as a excused absence. Anyone who thinks OSHA or FMCSA is not needed like the one I replied to is wrong.
 
mrx, I understand that neither discipline tolerance is consistent even at the same location.
 
Black Bart, not me. I'm have a start time. Average time off between trips is 20 hours. In a lot of cases those who use the rules get accommodated, those who abuse the rules do not.
 
[Liveck Bart, post: 940846, member: 34478"]So which is it you only got 5 hours sleep because of traffic or you tried to use a doctors note to get another day off?[/QUOTE
Woke up with a migraine Live 1 hr drive from work migraine did not go away from the time I need to drive to work that's why there is a doctor note and I am sorry but a doctor's note excusing you from work trumps any company policy
 
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