Federal Motor Carrier Safety Regulations Question

[danasb]

What is the name of your state? Michigan
I am a bus driver in the state of Michigan. I have worked for my company for almost 9 years. Within the last couple of years I was diagnosed with Diabetes. Up until recently I was taking oral medications to try to control my sugar levels. A couple months ago I was placed on Insulin since my levels were high. My company sent me to the company doctor. He disqualified me from driving and placed me as unfit for duty. I spoke with my employer regarding this and he has told me that I have no choice but to quit my job. I started reading the FMCS handbook and This is what I have found. 391.43 Diabetes. If insulin is necessary to control a diabetic driver's condition, the driver is not qualified to operate a commercial motor vehicle in interstate commerce. If mild diabetes is present and it is controlled by use of an oral hypoglycemic drug and/or diet and exercise, it should not be considered disqualifying. However, the driver must remain under adequate medical supervision.

The company that I work for has 1 bus that leaves the state of Michigan, therefore they have only 1 run that would be considered as Interstate, all of the rest would be considered Intrastate. The bid run that I have been on does not leave the state at anytime. If I am reading this correctly, shouldn't I be disqualified from that 1 run only and not from the entire company and not lose my job? If anyone can help me with this please let me know. Thank You.

 

[racer72]

Because the company you work for does have an interstate route, the law applies to all routes. There are likely also state laws that uphold their position. My father lost his chauffer and pilot's licenses due to diabetes.

 

[danasb]

Because the company you work for does have an interstate route, the law applies to all routes. There are likely also state laws that uphold their position. My father lost his chauffer and pilot's licenses due to diabetes.

Thank You.

 

[mitousmom]

Will your employer consider transferring you to a job that you can perform, but doesn't require driving?

 

[Gadfly]

So the big question now is; If you contol your diet and weight and exercise can you get off the insulin?

 

[danasb]

Will your employer consider transferring you to a job that you can perform, but doesn't require driving?

I did sign a bid that was posted right around the time that I was put on insulin. It is a non-driving position. I was the highest seniority employee that signed the bid but my boss still claimed that he had to interview employees that signed the bid. Any other time that you sign a bid with our company the highest seniority person gets the job. I don't know why this position is any different. I would even be taking a $3 per hour pay cut but I would keep my health insurance. As of the last day of this month I will no longer have insurance. He has still never called me about the other position. He has told me that I will have to voluntarily quit.

 

[danasb]

So the big question now is; If you contol your diet and weight and exercise can you get off the insulin?

According to the FMCS handbook, if I can keep my sugar under control without the use of insulin I can drive a commercial vehicle again. My boss is trying to rush me into resigning without giving me a chance to get it under control.

 

[mitousmom]

Your situation is a bit tricky and I'm not sure how EEOC will view it, but I suggest giving them a call and asking if what your employer is doing - or not doing is permissible under the Americans with Disabilities Act (ADA).

Clearly, DOT's driving requirements trump the ADA when it comes to whether your employer must provide a reasonable accommodation for you to work as a commercial driver. If you don't meet DOT's requirements, your employer isn't required to accommodate your medical condition; you simply can't drive. However, if your employer has a practice of awarding a job to the bidder with the highest seniority and is not doing so for you because of your diabetes, that might be considered disability discrimination.

Don't let EEOC consider your request to move to another job under the transfer requirements of the reasonable accommodation provisions of the ADA. You are not seeking the job as a reasonable accommodation. You are bidding for the job as would anyone else who wants to move to another job and so those company rules/practices should apply. If the company normally doesn't base its decision on interview results, but on seniority, why is the company doing something different in your case?

 

[danasb]

Your situation is a bit tricky and I'm not sure how EEOC will view it, but I suggest giving them a call and asking if what your employer is doing - or not doing is permissible under the Americans with Disabilities Act (ADA).

Clearly, DOT's driving requirements trump the ADA when it comes to whether your employer must provide a reasonable accommodation for you to work as a commercial driver. If you don't meet DOT's requirements, your employer isn't required to accommodate your medical condition; you simply can't drive. However, if your employer has a practice of awarding a job to the bidder with the highest seniority and is not doing so for you because of your diabetes, that might be considered disability discrimination.

Don't let EEOC consider your request to move to another job under the transfer requirements of the reasonable accommodation provisions of the ADA. You are not seeking the job as a reasonable accommodation. You are bidding for the job as would anyone else who wants to move to another job and so those company rules/practices should apply. If the company normally doesn't base its decision on interview results, but on seniority, why is the company doing something different in your case?

This does make a lot of sense. Thank You, I will be calling them immediately.