TForce | Don't let the company pay for you dot physical

[Overnite]

Here is a tip don't let the company pay for your dot physical.

Overnite was the first company that did not pay for my dot physical,

I always thought the other companies were just being nice and picking uo the tab, but the truth is that when a company pays for your physical you forfeit your patient doctor rights and the company gets full access to whatever the doctor finds.

For instance the doctor finds you have some type of back/knee problem/creaking disk whatever that you did not know about, then you hurt your back at work do you want them knowing you had a preexisting condition?

When you pay for it the only thing the company gets is a copy of the dot form. And cannot talk to the doctor.

To some people it is no big deal but if the doctor finds anything wrong with you, std, bad joints, cancer or whatever do you want ups knowing.

Also if the company pays for it you can not get a copy if you change jobs.

 

[hugnlug]

Here is a tip don't let the company pay for your dot physical.

Overnite was the first company that did not pay for my dot physical,

I always thought the other companies were just being nice and picking uo the tab, but the truth is that when a company pays for your physical you forfeit your patient doctor rights and the company gets full access to whatever the doctor finds.

For instance the doctor finds you have some type of back/knee problem/creaking disk whatever that you did not know about, then you hurt your back at work do you want them knowing you had a preexisting condition?

When you pay for it the only thing the company gets is a copy of the dot form. And cannot talk to the doctor.

To some people it is no big deal but if the doctor finds anything wrong with you, std, bad joints, cancer or whatever do you want ups knowing.

Also if the company pays for it you can not get a copy if you change jobs.

Great Post!!!

 

[wassesname]

I dont think a lawyer would agree. i dont think you forfit any rights but you sign a document allowing a third party access to your records. I also think you are trying to save the co. money,overnite. the law is the law. you cant change them on a whim like rules/policys. if the doctor finds a serious condition youll hear about it from him, not your TM. intresting topic, Ill bet it is addressed in the contract.

 

[wtfcares]

good post!
another thing about doing it yourself, as we get older you need a yearly physical. not for work just to make sure you don't miss something. your insurance should pay for a annual physical.
be smart not a old fart.

 

[Teamster251]

Here is a tip don't let the company pay for your dot physical.

Overnite was the first company that did not pay for my dot physical,

I always thought the other companies were just being nice and picking uo the tab, but the truth is that when a company pays for your physical you forfeit your patient doctor rights and the company gets full access to whatever the doctor finds.

For instance the doctor finds you have some type of back/knee problem/creaking disk whatever that you did not know about, then you hurt your back at work do you want them knowing you had a preexisting condition?

When you pay for it the only thing the company gets is a copy of the dot form. And cannot talk to the doctor.

To some people it is no big deal but if the doctor finds anything wrong with you, std, bad joints, cancer or whatever do you want ups knowing.

Also if the company pays for it you can not get a copy if you change jobs.

This has got to be one of the most ridiculios posts I've seen here in some time.

First of all the company is required by law to have you medically examined on a periodic basis. Its in the company's best interest to control the procedure to which you are checked, this being the doctor or office as well as the expense.

Just becuase the company pays for the exam does not allow them the legal right to violate your rights. The company is entitled to the proper DOT paper work and the results of the examination based on the guidlines of the DOT requirements for the periodic physical. If the company is employing a doctor to devulge other information reguarding your phsyical condition that does not opertain to the guidlines of the DOT requirements then the doctor or office is violating your rights to privacy. A federal violation.

For instance the doctor finds you have some type of back/knee problem/creaking disk whatever that you did not know about, then you hurt your back at work do you want them knowing you had a preexisting condition?

How can you not know about your own creaking knees or joints. And do you know what kind of i9ndepth tests would have to be preformed to find these problems that you don't know you have.
Why do you have a pre-exoisting condition?
Probally because you've serviced the company in the capacity that would lead to this condition, hense the company is liable.
Hmmmm.....hurt your back at work from a pre-existing condition cause by the years of working for the company, sounds like a viable workmans comp claim.
What kind of thinking brings this notion of your's to believe that because you are hurt at work its someone else's fault besides the company.

The company can not in any capacity talk to the doctor to discuss your dot physical. A lawyer would have a field day with that.

Also I can't remember in the last 26 yrs when I was ever tested for an STD or Cancer for a DOT physical. They have tests for these and they are not administered during a DOT physical. Besides the fact the having a STD or Cancer is not reason for disqualifaction from DOT certifaction or reason for termination. Get a grip

If you go to another company to work, they should also be paying for your phyical. Its their burden too. Why on God's green earth would you want to set a presidense of paying out of your pocket for something the federal gov't requires of the company.

If ever there was a redflag for someone being a manager and posting on these boards you would fill the critieria.

This is America, not communist Russia.

 

[wassesname]

those exams come out of his budget. thanks, T.

 

[Overnite]

The company does not require you to have a medical card, dot does.

I never said having an std or cancer disqualifies you.

It is part of an dot exam to test your joints the doctor places his hand on your knee and you either pass or fail.

A dot exam does require blood work and the results are given to the company but no they check for aids or stds, they do check for red and white bloodcells.

When I worked for florida rock and tank they sent me for a dot exam the doctor would not even give me the results, he faxed them over and gave me a new card I only worked there for a few weeks and later called the doctors office and asked if I could get a copy of the charts and was asked if I payed or the company payed when I told them the company payed they said no I would have to go through them.

If you pay for it yourself and fail or have high blood pressure and only get a 1 year or 3 month certificate, you can retake it another time and the company doesnot have to know as long as your first card is not expired.

If the company pays for it you don't have that option.

How about post the rule your talking about so I know for future reference.

From everyone I talked to Overnite has never payed for dot exams.

 

[UPS Teamster]

The company does not require you to have a medical card, dot does.

I never said having an std or cancer disqualifies you.

It is part of an dot exam to test your joints the doctor places his hand on your knee and you either pass or fail.

A dot exam does require blood work and the results are given to the company but no they check for aids or stds, they do check for red and white bloodcells.

When I worked for florida rock and tank they sent me for a dot exam the doctor would not even give me the results, he faxed them over and gave me a new card I only worked there for a few weeks and later called the doctors office and asked if I could get a copy of the charts and was asked if I payed or the company payed when I told them the company payed they said no I would have to go through them.

If you pay for it yourself and fail or have high blood pressure and only get a 1 year or 3 month certificate, you can retake it another time and the company doesnot have to know as long as your first card is not expired.

If the company pays for it you don't have that option.

How about post the rule your talking about so I know for future reference.

From everyone I talked to Overnite has never payed for dot exams.

Ive been taking DOT physicals for over 25 years I have never given blood Is this somthing new?

 

[UPS Teamster]

The company does not require you to have a medical card, dot does.

I never said having an std or cancer disqualifies you.

It is part of an dot exam to test your joints the doctor places his hand on your knee and you either pass or fail.

A dot exam does require blood work and the results are given to the company but no they check for aids or stds, they do check for red and white bloodcells.

When I worked for florida rock and tank they sent me for a dot exam the doctor would not even give me the results, he faxed them over and gave me a new card I only worked there for a few weeks and later called the doctors office and asked if I could get a copy of the charts and was asked if I payed or the company payed when I told them the company payed they said no I would have to go through them.

If you pay for it yourself and fail or have high blood pressure and only get a 1 year or 3 month certificate, you can retake it another time and the company doesnot have to know as long as your first card is not expired.

If the company pays for it you don't have that option.

How about post the rule your talking about so I know for future reference.

From everyone I talked to Overnite has never payed for dot exams.

The LAW he is refering to is the HIPAA act GOOGLE it lots of info there.

 

[accelerator]

The company does not require you to have a medical card, dot does.

I never said having an std or cancer disqualifies you.

It is part of an dot exam to test your joints the doctor places his hand on your knee and you either pass or fail.

A dot exam does require blood work and the results are given to the company but no they check for aids or stds, they do check for red and white bloodcells.

When I worked for florida rock and tank they sent me for a dot exam the doctor would not even give me the results, he faxed them over and gave me a new card I only worked there for a few weeks and later called the doctors office and asked if I could get a copy of the charts and was asked if I payed or the company payed when I told them the company payed they said no I would have to go through them.

If you pay for it yourself and fail or have high blood pressure and only get a 1 year or 3 month certificate, you can retake it another time and the company doesnot have to know as long as your first card is not expired.

If the company pays for it you don't have that option.

How about post the rule your talking about so I know for future reference.

From everyone I talked to Overnite has never payed for dot exams.

To divulge information to "anyone" is against hippa laws, you have the right to your medical records and no one can say wether you can or cannot have them, the right is yours according to hippa laws.

The only thing the company has grounds too not work you, is if the condition that arises from your D.O.T.examination is in direct contrast of your job duties, it's FEDERAL LAW, and taking blood work is against the law for a D.O.T. examination, the only bodily fluid that can be withdrawn from the body is URINE, and nothing more. The doctor at the time of examination must also reveal to you why he is not passing you, prior to sending this info in direct relation to your BOSS . It's the law.

And they cannot refuse you any medical records pertaining to you and the only time records can be submitted to anyone aside from yourself, is if a third party is involved, and only with your permission. ( WRITTEN CONSENT).

This is where HIPPA laws have been introduced, T251 is dead on!!!!!!!!

I do not know who told you this, or what happened to you , but I can assure you , they broke the law. The employer cannot change the perameters of the D.O.T. physical. Only the FEDERAL DEPARTMENT OF TRANSPORTATION CAN.

 

[accelerator]

The only fluids the DOT requires be tested is urine....and they only test for sugar in that test...unless you go for a Physical and a drug test at the same time....even so they currently only test urine as far as I know.

As far as your copy.... just ask them when your done if you can have a photo copy of the long form. I have never had a problem acquiring one. I usually say if the company loses it, I will have it...instead of having another physical just because the company lost the paperwork. Never been a problem.

If your concerned about your BP...go to your own prior to having your DOT Physical and work on getting it corrected.

Now if the issue is that your doctor lets your BP slide and gives you a card anyway....that would be a perfect example of why the company would want to pay for and send you to the doctor of their choosing.:smilie_132::smilie_132:

10-4, This is the most intelligent way of doing the physical.

 

[Baramp;Grill]

Well in Calif. at my last exam I got a copy of the exam,, It had to be mailed in with the rest of the paperwork for my drivers Lic. to be renewed. Now unless the law has changed in the last 2 yrs. we had to mail the forms in to the DMV..The Dr.s office didn't and the trucking company didn't .My LIC, comes new in Jan. I will see I guess

 

[upgf-driver]

My LIC, comes new in Jan. I will see I guess

You should be working on it now, considering the hazmat background check. Or are you one of the contractors who isn't required to have a hazmat certification?

Also, I had one of those high blood pressure situations once and nearly failed the physical. It was company paid and I got a 3 month card. Needless to say, I didn't get that job. The next job I applied at, I passed with flying colors. Imagine if that were my renewal and I failed. I'd be down there every three months for some time. Now if I were paying for it, I could bury it and just get another one.

Which is sort of what I did in that that particular physical isn't part of my employment record. But it did cost me the job.

The original poster was onto something, but he lost it when he started talking about cancer and std's. I have to admit that cracked me up as well.

 

[Grin]

This has got to be one of the most ridiculios posts I've seen here in some time.

First of all the company is required by law to have you medically examined on a periodic basis. Its in the company's best interest to control the procedure to which you are checked, this being the doctor or office as well as the expense.

Just becuase the company pays for the exam does not allow them the legal right to violate your rights. The company is entitled to the proper DOT paper work and the results of the examination based on the guidlines of the DOT requirements for the periodic physical. If the company is employing a doctor to devulge other information reguarding your phsyical condition that does not opertain to the guidlines of the DOT requirements then the doctor or office is violating your rights to privacy. A federal violation.

For instance the doctor finds you have some type of back/knee problem/creaking disk whatever that you did not know about, then you hurt your back at work do you want them knowing you had a preexisting condition?

How can you not know about your own creaking knees or joints. And do you know what kind of i9ndepth tests would have to be preformed to find these problems that you don't know you have.
Why do you have a pre-exoisting condition?
Probally because you've serviced the company in the capacity that would lead to this condition, hense the company is liable.
Hmmmm.....hurt your back at work from a pre-existing condition cause by the years of working for the company, sounds like a viable workmans comp claim.
What kind of thinking brings this notion of your's to believe that because you are hurt at work its someone else's fault besides the company.

The company can not in any capacity talk to the doctor to discuss your dot physical. A lawyer would have a field day with that.

Also I can't remember in the last 26 yrs when I was ever tested for an STD or Cancer for a DOT physical. They have tests for these and they are not administered during a DOT physical. Besides the fact the having a STD or Cancer is not reason for disqualifaction from DOT certifaction or reason for termination. Get a grip

If you go to another company to work, they should also be paying for your phyical. Its their burden too. Why on God's green earth would you want to set a presidense of paying out of your pocket for something the federal gov't requires of the company.

If ever there was a redflag for someone being a manager and posting on these boards you would fill the critieria.

This is America, not communist Russia.

sounds like more overnight brainwashing

 

[romeo55]

You guys have some valid points the company wants the test done right and to the T which is why they send us to their doctor not so he can let them in on your inner workings but rather so you dont go to some hole in the wall that says you passed when you really shouldnt be driving in the first place. As for blood work what state do you live in I have never nor would I ever give blood for a dot physical do you know how much more time that would be wasted if they required blood work. The only blood they check for is if you have blood in your urine which is a little strip that turns color just as the sugar strip. I for one would rather have the company pay for the exam, the less things I have to pay for to keep my job the happier I am.

 

[Overnite]

I don't think hippa applies to this,

http://www.fmcsa.dot.gov/rules-regulations/topics/medical/faq.asp#name37

quote: Regulatory requirements take precedence over the Health Insurance Portability and Accountability Act

in other words DOT takes precedence over HIPPA

Also #94:

94.
Is the employer legally responsible for paying for the DOT medical examination? 207

The FMCSRs do not address this issue.

in other words The fmcs does not have a rule or law requirng the employer to pay for the exam.

Also of note which came up in another thread is #55:

55.
Can carriers set their own standards for CMV drivers who operate in interstate commerce? 126

49 CFR Section 390.3(d) gives employers the right to adopt stricter medical standards. Motor Carriers (companies) cannot set less restrictive standards. In addition, the employer can require the driver to perform ancillary duties as a condition of employment.

U.S. Department of Transportation / Office of the Secretary of Transportation

Quote: Evaluating physicians need no employee authorizations to report evaluation information and results to MROs or to employers, as appropriate.

Quote: HHS agrees that there is no conflict between the HIPAA rules and DOT requirements, and indicated so in the preamble to Part 164 [65 Federal Register 82593-94; December 28, 2000].

Quote: Consequently, 45 CFR §164.512 enables any employer or service agent in the DOT program to disclose the information without the employee’s authorization

Do you still think this is the most ridiculios post you have ever read? or did you just learn somthing?

 

[accelerator]

I don't think hippa applies to this,

http://www.fmcsa.dot.gov/rules-regulations/topics/medical/faq.asp#name37

quote: Regulatory requirements take precedence over the Health Insurance Portability and Accountability Act

in other words DOT takes precedence over HIPPA

Also #94:

94.
Is the employer legally responsible for paying for the DOT medical examination? 207

The FMCSRs do not address this issue.

in other words The fmcs does not have a rule or law requirng the employer to pay for the exam.

Also of note which came up in another thread is #55:

55.
Can carriers set their own standards for CMV drivers who operate in interstate commerce? 126

49 CFR Section 390.3(d) gives employers the right to adopt stricter medical standards. Motor Carriers (companies) cannot set less restrictive standards. In addition, the employer can require the driver to perform ancillary duties as a condition of employment.

U.S. Department of Transportation / Office of the Secretary of Transportation

Quote: Evaluating physicians need no employee authorizations to report evaluation information and results to MROs or to employers, as appropriate.

Quote: HHS agrees that there is no conflict between the HIPAA rules and DOT requirements, and indicated so in the preamble to Part 164 [65 Federal Register 82593-94; December 28, 2000].

Quote: Consequently, 45 CFR §164.512 enables any employer or service agent in the DOT program to disclose the information without the employee’s authorization

Do you still think this is the most ridiculios post you have ever read? or did you just learn somthing?

All I have learned is there is subtleties in the approach of the doctor in safe operation of the vehicle and laws that apply, as section 37 states under the DOT aphysical act which you have pointed out, this is the grey area in which T251 is referring too.

This is a very grey area, although HIPPA may not apply and D.O.T. may take legal prescence as opposed to hippa, it simply depends on the case, this doctor has too evaluate you knowing the type of job you do and what is physically and mentally required to do that job, if there is any grey are, this article informs the doctor to seek legal. He can only by law reveal anything in cunjunction with D.O.T. requirements

This also say's that regardless as too whom you go too, wether you pay or the company pay's, it is the legal and moral obligation of the doctor too release any information too the company in referrance to a medical condition that may keep you from doing this job.

So wether the company pay's for the physical or not, it is the doctors legal obligation to submit anything that would keep you from doing your task's as a truck driver.

If you have something that is not considered a physical or mental impairment, they cannot reveal this information to the employer based on the requirements of D.O.T. This is where HIPPA applies.

DOT-required drug and alcohol testing information differs significantly from health information covered by HIPAA rules (45 CFR Part 164). The DOT program is concerned only with employees’ compliance with DOT safety regulations, and not with preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care or the past, present, or future physical or mental health or condition of an individual.

 

[Overnite]

No, he is not talking about a grey area he said there is federal law backing what he said, but yet he can't post it.

My post clearly shows dot overides HIPPA that is not grey, that is clearly black and white.

I tried to post an informative topic to help fellow employees out, he comes in accuses me of lying and being management and nothing he says can he back up.

T251, if I am wrong I will admit it, just show me these federal laws you are talking about.

First of all the company is required by law to have you medically examined on a periodic basis. Its in the company's best interest to control the procedure to which you are checked, this being the doctor or office as well as the expense.

they should also be paying for your phyical. Its their burden too.

paying out of your pocket for something the federal gov't requires of the company.

The company is not required to have you examined or pay for it, they are only required to keep the records, The FMCSRs do not address this issue. There is no law
here is my proof http://www.fmcsa.dot.gov/rules-regulations/topics/medical/faq.asp#name94 where is yours?

Just becuase the company pays for the exam does not allow them the legal right to violate your rights. The company is entitled to the proper DOT paper work and the results of the examination based on the guidlines of the DOT requirements for the periodic physical. If the company is employing a doctor to devulge other information reguarding your phsyical condition that does not opertain to the guidlines of the DOT requirements then the doctor or office is violating your rights to privacy. A federal violation.

Wrong again DOT overides HIPPA here is my proof
U.S. Department of Transportation / Office of the Secretary of Transportation

Quote: Evaluating physicians need no employee authorizations to report evaluation information and results to MROs or to employers, as appropriate.

Quote: HHS agrees that there is no conflict between the HIPAA rules and DOT requirements, and indicated so in the preamble to Part 164 [65 Federal Register 82593-94; December 28, 2000].

Quote: Consequently, 45 CFR §164.512 enables any employer or service agent in the DOT program to disclose the information without the employee’s authorization

That is pretty clear cut, that is not grey

you are the one that should be glad this is not communist russia I heard they didn't take kindly to people spreading rumors on what the govt. is suppose to do.

 

[accelerator]

This is part of your post and this is what I was inferring.

"DOT-required drug and alcohol testing information differs significantly from health information covered by HIPAA rules (45 CFR Part 164). The DOT program is concerned only with employees’ compliance with DOT safety regulations, and not with preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care or the past, present, or future physical or mental health or condition of an individual."

This paragraph is what I picked from your post. And is contridictive of what the other laws states.

2. You are correct in saying, it is not the companies resposibility to keep current with your Examiners card, it is your's, if you want to maintain a CMV liscence.

At no time are they required to pay for it iether, the company can enforce more constrictions for the employee as long as those restrictions above and beyond are not ambiguous and descriminative. That is the grey area. as in the post above.

Now what you said was, " do not have the company pay for the examination because we will have too reveal everything about our person too the company."

Well by what you have posted ,and by what I have read in your posts, it is not only the ethical obligation of the examining physician to fail you if infact they feel you do not comply, not only with the company rules, but the requirements of the federal D.O.T. and has nothing to do with the company paying for the physical or not. So if the company has mandates your doctor or the doctor the company requires you too see, then it is thier ethical obligation to fail you.

It is the Federal D.O.T. Requirements that still prevail. In other words, if I have crabs, allthough the company may not like the fact that I have them, it does not get in the way of me doing my duties as a CMVD.

And this is what T251 was saying, this does involve HIPPA, and not D.O.T. and the physician that reveals this too any employer regaurdless of D.O.T requirements has put himself in a grey area, and the employer that does not work me for having crabs, is descriminating against me .

 

[Apostolic]

So the bottom line is that we are required by DOT to be in good health to operate a commercial motor vehicle.
Our companies have to make sure we meet the requirements of the DOT,or they will be held accountable by law if we are in violation.
So the other bottom line is that we the driver in order to be in compliance to the laws governed by the DOT,have to pay our own way.

I know when I was a Teamster all the Teamster companies paid for our DOT exam.
You think that was an act of kindness on their part?

No sir that little item has always been an item thats in the NMFA contract.
And thats the last bottom line.
Union companies pay because they are under contract to pay.
Non-union companies don't pay because theres nothing that says they have to!