SOS

Topic 25388 | Page 3

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Rick S.'s Comment
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For better or worse - if they're monitoring your CPAP compliance, and you haven't been (for whatever reason), then you are medically disqualified to drive until you do. Technically - they should be sending someone out to pickup your tractor, not even relaying you down to ATL. That's "technically", not to make light of your situation.

Regardless of whatever your future employment situation is - your OSA/CPAP is now a part of your medical record at FMCSA , and you are either going to have to BE IN COMPLIANCE or (as discussed in another thread) resolve the situation that created the OSA in the first place (which might not be solely mitigated by losing weight). Your OSA is as big (or bigger) a "black mark" on your driving status, as minor accidents as a rookie - it lives in the FMCSA Medical Database FOREVER. You will have to answer YES to the question about 1 year medical card, and YES to the question about OSA (where it says Do you have or have you EVER HAD).

So it looks like this: you go home and start applying - but you BETTER BE USING YOUR CPAP THE ENTIRE TIME, otherwise, when you show up at your next orientation and they check the logs on your CPAP - you will STILL BE MEDICALLY DQ'd FOR DRIVING.

As far as "getting your stuff home" - the only real options are to box it and UPS it home, or rent a car (apparently at your own expense) and drive it home.

If your previous minor accidents were enough to show you the door, they would have based on those. While they may be a factor in the decision to send you home - your MEDICAL DISQUALIFICATION is the main one. If they allow you to continue to drive, while not in compliance - and you get into an accident (regardless of at fault, DOT reportable or any other factor), your fatigue due to non-compliance is what's going to get a judgement against them (likely to the limits of liability, or a hefty 6 figure settlement) - due to the allowing a medically DQ'd driver to drive.

It's nothing personal (unless there are other details you aren't disclosing), it's solely based on your medical status and the legal liability it creates.

CPAP compliance SUCKS for a lot of folks - they eventually get the hang of it. In many cases, if they find it at orientation - they'll slog you along during training to get the required period of compliance time, or send you home to get it there.

Best of luck, and please DO KEEP US IN THE LOOP as to how you get this resolved in the future - so that others may learn of your experience.

Regards,

Rick

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

CPAP:

Constant Positive Airway Pressure

CPAP is a breathing assist device which is worn over the mouth or nose. It provides nighttime relief for individuals who suffer from Sleep Apnea.

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

Bruce K.'s Comment
member avatar

Rick, thanks so much for the great guidance (as usual).

The company is willing to let me try a different type of mask, but that all takes some time even with overnight delivery. I thought I heard there was a 30 day grace period for drivers to make adjustments to get in compliance so I wasn’t stressed out about the situation.

I now have to re think things while I have the home time to do so. I know the company wants me to get the truck to their OC in Atlanta, but I think it might be unwise for me to accept that assignment under the circumstances and that’s why I’m just sitting tight in my safe haven until the picture clears up. This is one of the many reasons I value all my friends here on TT, in times of distress we need the objective advice of cool heads like we get here.

I still am confused about whether I’m fired or they consider me resigned or a combination of both. My DBL told me if I wasn’t coming back, she would need a letter of resignation from me. I’m still uncertain about a number of issues involved in this situation, but all the advice I can get helps greatly. Thanks guys and gals!

Pete B.'s Comment
member avatar

Bruce, you’ve not been fired. As Rick pointed out, it’s all about being in compliance. If you were to get into an accident where there were injuries or worse, and an investigation revealed you were fatigued, the CPAP issue would come into play. Schneider will not put itself in that position. Follow the steps necessary to get your arse back in compliance, stay in communication with your DBL and/or Safety/Regulatory, don’t miss any stated deadlines to make it all happen, and you’ll be re-issued another tractor. Yes it’s going to be inconvenient and out-of-pocket expensive getting back home, but you’ll make it up. Good luck and don’t waste any time with this.

CPAP:

Constant Positive Airway Pressure

CPAP is a breathing assist device which is worn over the mouth or nose. It provides nighttime relief for individuals who suffer from Sleep Apnea.

Bruce K.'s Comment
member avatar

Pete, thanks and all you guys in the know are giving me the same advice which is super helpful to me, so I really appreciate it.

One question remains for me to get an explanation on. How is it that the company wants me to pull a relay from Savanna to Atlanta after telling me I’m medically disqualified? If they can do that, why can’t they route me from Georgia to Green Bay where my car is parked at the OC? This doesn’t make sense to me and it’s why I’m still parked in the drop yard and haven’t activated the load to Atlanta. Any thoughts?

Junkyard Dog's Comment
member avatar

I would rent a car to make sure you got everything with you. Especially on a weekend it's cheap. Go to one of the travel sites and see who has the best deal but don't rent out of an airport because you're going to pay extra taxes usually $10 a day. Good luck to your Bruce. If you're DBL said she would need a letter of resignation if you're resigning doesn't sound like the doors closed. If they bring up the minor accidents don't make excuses own up to each one and tell then what you've learned from each experience

Pete B.'s Comment
member avatar

I’m guessing here, but my thought is that if the nearest OC from your present location is Atlanta, and that’s where they want you to turn in your tractor, they’re not missing an opportunity to fill a load by having you bring a trailer with you. That’s simply the machinations of a giant corporation. Perhaps your short history w/the company and your driving record is standing in the way of special allowances being made. It’s nothing personal.

Pete B.'s Comment
member avatar

Bruce, I’ve lost track of where you are with your hours... have you been off for 10?

Bruce K.'s Comment
member avatar

Pete, I was off for my 10. Then this morning I went on duty to do my pre-trip and disconnect from the trailer so I’m not driving but my 14 is running now. I went off duty and just might stay here today and decompress. I can get a rental tomorrow and enjoy the drive home.

∆_Danielsahn_∆'s Comment
member avatar

I’m guessing here, but my thought is that if the nearest OC from your present location is Atlanta, and that’s where they want you to turn in your tractor, they’re not missing an opportunity to fill a load by having you bring a trailer with you. That’s simply the machinations of a giant corporation. Perhaps your short history w/the company and your driving record is standing in the way of special allowances being made. It’s nothing personal.

Your best bet is to call safety, and ask them how you should proceed. Thereby covering your own bum.

Bobcat_Bob's Comment
member avatar

I would call somebody in charge and get a firm answer, just what ever you make sure you do not abandon the truck or you can pretty much kiss your career goodbye.

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