DOT Physicals - Company Doctor or Your Own?

Discussion in 'UPS Discussions' started by NikDiesel, Feb 11, 2010.


Are We Required to: Go to a Company Doctor for All DOT Examinations?

  1. Yes - Because the Contract Clearly States the Requirement.

    2 vote(s)
  2. No - Because the Contract Doesn't Clearly Distinguish the Requirement.

    0 vote(s)
  3. Yes - Because the Company is Paying for It.

    7 vote(s)
  4. No - If You do not need the Company to Pay for the Examination.

    4 vote(s)
  5. No - The Requirement is for: Applicants & New Hires Only.

    1 vote(s)
  1. NikDiesel

    NikDiesel Inmate #STO142-034

    Originally posted in the UPS Freight Forum

    I apologize in advance for the duplication... but, I wanted to add a < poll > and receive more exposure to this pressing inquiry... without necessarily requiring an actual response from potential participants.

    OVERBOARD Active Member

  3. NikDiesel

    NikDiesel Inmate #STO142-034

  4. Dark_Team_135

    Dark_Team_135 Member

    This isn't entirely true. I know this because UPS used one of "their doctors" to deny a driver his DOT card because he had migraine headaches but he was using FMLA days to cover his absences. UPS got tired of the driver missing (which the law gave him the right to do) so they sent him to their bought-and-paid-for doctor to take his DOT card from him after they told the doctor up front that he had many issues because of the headaches.

    He filed an FMLA complaint with the DOL and they determined that UPS was discriminating against the driver for using FMLA but they only gave him a right to sue letter but wouldn't go after UPS themselves. I suggested that the driver go to a different DOT doctor and of course he passed and brought his certification to the company. They told him that they had the right to determine who did their DOT physicals and refused to accept the new one.

    The company finally agreed to send the driver for a 3rd doctor opinion (a specialist in neurology) and again the driver was cleared to drive when he wasn't having a migraine and the doctor said that if the driver did have a migraine and couldn't work, his FMLA could be used for those days. The problem was that this specialist wasn't approved to issue a DOT card so the company sent the driver back to their quack and he again denied him!

    We finally contacted someone at the FMCSA and they have a way to settle arguments like these between doctors and approve a DOT card, however they also said that a company has the right to choose a specific doctor to perform these physicals and you can't get a different doctor to approve you to get around it. They said that you could use the new certification to work at any other employer if they would accept it, but you couldn't force UPS to allow you to drive unless you could be cleared to do so by their quack of choice...
  5. NikDiesel

    NikDiesel Inmate #STO142-034

    I didn't see a real definitive answer there, and am quite surprised that there wasn't more of a discussion...

    Even looking at the poll results (above) there obviously remains some doubt.

    Although, cachsux offered an interesting angle:

  6. pickup

    pickup Well-Known Member

    We had most of the discussion in the other related thread that you started. :happy-very:
  7. scratch

    scratch Least Best Moderator Staff Member

    I wish I could use my personal doctor for my DOT physical. I had my annual exam this past Monday night, it was a joke.
  8. NikDiesel

    NikDiesel Inmate #STO142-034

    I guess I had higher expectations based on how many people converge on this site...

    If that's it... then that's it... no biggy!

    I'm surprised that this isn't a hot topic discussion piece... since this affects each and everyone of Us…
  9. NikDiesel

    NikDiesel Inmate #STO142-034

    I still believe whole heartedly that we can... and intend upon continuing to moving forward with that belief... all the while breaking down the language in Our contract justifying My reasoning, interpretation and understanding - given authorization for doing so...
  10. Dark_Team_135

    Dark_Team_135 Member

    There is your answer...Does not matter who pays for it. If UPS insists you get a DOT card from the doctor they choose, you must do so. I don't believe they push this issue unless they are out to get an employee though. The link for the FMCSA Part 391.47: Resolution of conflicts of medical evaluation:
  11. NikDiesel

    NikDiesel Inmate #STO142-034

    Interesting stuff!

    Thank-You for the link... :thumbup1:
  12. MC4YOU2

    MC4YOU2 Yep, not wearing brown anymore

    Thanks for this info Dark. How was this issue resolved as far as the driver was concerned? When you say the FMCSA settled it, what was their solution? Thanks!
  13. 705red

    705red Browncafe Steward

    If a driver decides to go to his/her doctor and get his/her DOT as long as he/she pays for it its good. Now if UPS wants to send you to their doctor it should be paid for time since you already have a DOT card and I would suggest drivers filing to get paid including penalty pay if you are sent to company doctor.
  14. NikDiesel

    NikDiesel Inmate #STO142-034

    I would be in agreement with that... Thanks! :thumbup1: