Re-Certifications_DOT Medical Certificates

NikDiesel

Inmate #STO142-034
This question pertains to: UPS Package Bargaining Unit Members...

Are You allowed or have any of You heard of anyone challenging the implied expectation of being required to go to a company approved DOT provider / medical examiner for all DOT Medical re-Certifications?

FMCSA requirements do not address nor grant exclusive permissions to an employer:

The DOT Medical Exam and CMV Certification

My understanding is that the only reason that the company prefers the use of their own company doctor is to simplify their documentation retention process...

UPS utilizes a 3rd. party documentation retention company for: long form DOT information (only) while UPS only retains a copy of Our valid medical certificates.
 

UpstateNYUPSer(Ret)

Well-Known Member
It is much easier to go to a UPS approved medical provider for your DOT but it is not required. I went to a local walk in clinic on a Saturday for mine. I had stopped in during the week to see if they did DOT physicals and if I could come on a Saturday to have it done and they replied yes on both counts. Turns out they were short staffed on that Saturday and my physical was a pain in the butt for them. I then proceeded to get a bill from them for the physical which I simply handed to my HR person who then stressed the importance of going to a UPS approved medical provider. Do yourself a favor-- go to the clinic they tell you to go to.
 

rod

Retired 22 years
It is much easier to go to a UPS approved medical provider for your DOT but it is not required. I went to a local walk in clinic on a Saturday for mine. I had stopped in during the week to see if they did DOT physicals and if I could come on a Saturday to have it done and they replied yes on both counts. Turns out they were short staffed on that Saturday and my physical was a pain in the butt for them. I then proceeded to get a bill from them for the physical which I simply handed to my HR person who then stressed the importance of going to a UPS approved medical provider. Do yourself a favor-- go to the clinic they tell you to go to.

pain in the butt? I think you need to keep an eye on that Dr.---------------------------after re-reading your post mayby that clinic should keep their eye on you.:happy2:
 

Bubblehead

My Senior Picture
pain in the bhttp://www.youtube.com/watch?v=tBsIcRZBh3Autt? I think you need to keep an eye on that Dr.---------------------------after re-reading your post mayby that clinic should keep their eye on you.:happy2:

He likes that part.[video=youtube;tBsIcRZBh3A]http://www.youtube.com/watch?v=tBsIcRZBh3A[/video]
 

NikDiesel

Inmate #STO142-034
It is much easier to go to a UPS approved medical provider for your DOT but it is not required. I went to a local walk in clinic on a Saturday for mine. I had stopped in during the week to see if they did DOT physicals and if I could come on a Saturday to have it done and they replied yes on both counts. Turns out they were short staffed on that Saturday and my physical was a pain in the butt for them. I then proceeded to get a bill from them for the physical which I simply handed to my HR person who then stressed the importance of going to a UPS approved medical provider. Do yourself a favor-- go to the clinic they tell you to go to.

I too went to My own personal doctor...

Although, with that decision, I did not expect the company to foot the bill...

This is Our plight:

Article 16

Examination and Identification Fees

Section 1. Required Examination

[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Physical, mental or other examinations required by a government body or the Employer shall be promptly complied with by all employees; provided, however, the Employer shall not pay for any time spent in the case of applicants for jobs. [/FONT]

[FONT=Times New Roman,Times New Roman]The Employer shall determine the doctor that will perform the required examination and shall be responsible to these employees only for time spent at the place of examination or examinations where the time spent by the employee exceeds two (2) hours, and in that case only for those hours in excess of said two (2) hours...[/FONT][/FONT]

[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Company believes this sentence binds Us into using their company approved doctor or clinic exclusively...[/FONT]

[FONT=Times New Roman,Times New Roman]I believe otherwise...[/FONT]

[FONT=Times New Roman,Times New Roman]That the sentence is referring to: Applicants & New Hires (in paragraph one)[/FONT][/FONT]
 

NikDiesel

Inmate #STO142-034
It is much easier to go to a UPS approved medical provider for your DOT but it is not required.

I'm not particularly concerned with challenging Our language as it is written (above) - I just figured I would show all of You what We are dealing with... and why I was asking...

Can any more of You confirm this statement though?

Are You all allowed to go to < any > doctor for Your DOT re-Certs...

If so... do You take paperwork supplied from the company: DOT long form, Billing information etc...

Or, do You provide it Yourself or does Your doctor of choice usually have their own and You submit to the company what You have or have been provided?
 

UpstateNYUPSer(Ret)

Well-Known Member
I'm not particularly concerned with challenging Our language as it is written (above) - I just figured I would show all of You what We are dealing with... and why I was asking...

Can any more of You confirm this statement though?

Are You all allowed to go to < any > doctor for Your DOT re-Certs...

If so... do You take paperwork supplied from the company: DOT long form, Billing information etc...

Or, do You provide it Yourself or does Your doctor of choice usually have their own and You submit to the company what You have or have been provided?

If you had bothered to read my post in its entirety you would have seen that I did answer your question(s). Instead you chose to selectively quote me.

Go to the doctor that they tell you to go to.
 

NikDiesel

Inmate #STO142-034
If you had bothered to read my post in its entirety you would have seen that I did answer your question(s). Instead you chose to selectively quote me.

Go to the doctor that they tell you to go to.

Why?

Out of convenience... and for whom... company or employee?


Where is the selective quote in My follow-up?

It is much easier to go to a UPS approved medical provider for your DOT but it is not required.

irrelevant:
I went to a local walk in clinic on a Saturday for mine. I had stopped in during the week to see if they did DOT physicals and if I could come on a Saturday to have it done and they replied yes on both counts. Turns out they were short staffed on that Saturday and my physical was a pain in the butt for them.

I then proceeded to get a bill from them for the physical which I simply handed to my HR person who then stressed the importance of going to a UPS approved medical provider. Do yourself a favor-- go to the clinic they tell you to go to.

I saw a significant contradiction in Your response... yet, I didn't throw You under the bus for Your cordial participation in this inquiry... I didn't think this was that kinda site... and I guess I expected otherwise!

Are You retracting the requirement, as suggested in part one of Your reply?

If so... then thank-you for the clarification!
 

Bubblehead

My Senior Picture
I saw a significant contradiction in Your response... yet, I didn't throw You under the bus for Your cordial participation in this inquiry... I didn't think this was that kinda site... and I guess I expected otherwise!

I see that you're new here.
Upstate often comes off jerky like that.
He's a know-it-all.
Most people are very cordial here.
Pay him no mind, or slap him around a bit.
Either way, welcome to the Brown Cafe.
 
P

pickup

Guest
This question pertains to: UPS Package Bargaining Unit Members...



FMCSA requirements do not address nor grant exclusive permissions to an employer:

The DOT Medical Exam and CMV Certification

My understanding is that the only reason that the company prefers the use of their own company doctor is to simplify their documentation retention process...

UPS utilizes a 3rd. party documentation retention company for: long form DOT information (only) while UPS only retains a copy of Our valid medical certificates.

I think there would be a few good reasons for them to want you to go to their doctor. You named one of them: document retention. Another good reason is that they already have an account with that doctor, billing is probably a lot easier than for them having to pay a doctor that they don't have an established relationship with.
Another good reason is that the doctor essentially works for them and knows where his bread is buttered. ( That might be a good reason not to go to their doctor). If you have a legitimate medical issue such as a hearing loss, he will be sure to report it as such. A doctor that you chose may not even bother checking such things or will overlook it (especially , if you used your network of truck driving friends, which allowed you to find out about such a doctor that doesn't do such a thorough exam).

Another final good reason is that the medical doctor/center that ups wants to send you to probably is charging a low fee per physical because of the volume that ups sends them. It is very possible that the bill you submit for the physical you had with another doctor might be higher than the fee they would have paid had you gone to their doctor.
 

NikDiesel

Inmate #STO142-034
I think there would be a few good reasons for them to want you to go to their doctor...

Thank-You for Your reply!

I understand the reasons behind their preference...

The < preference > is what I am questioning... since it is to a point where as it is now an implied expectation and or requirement, based on company interpretation of contract language...
 

NikDiesel

Inmate #STO142-034
Both of Our contracts have similar language:

National Master United Parcel Service Agreement


ARTICLE 20. EXAMINATION AND
IDENTIFICATION FEES

Section 1. Required Examination

Physical, mental or other examinations required by a government body or the Employer shall be promptly complied with by all employees; provided, however, the Employer shall not pay for any time spent in the case of applicants for jobs, but shall be responsible to other employees only for time spent at the place of examination or examinations where the time spent by the employee exceeds two (2) hours, and in that case only for those hours in excess of said two (2). Examinations are to be taken at the employee’s home area and are not to exceed one (1) in any one (1) year, unless the employee has suffered serious injury or illness within the year. Employees will not be required to take examinations during their working hours, unless paid by the Employer for all time spent. Employees shall be given reasonable notice of dates of examinations.

For those drivers subject to DOT regulations who possess a valid medical certificate from a designated DOT provider, the Employer shall pay for any additional physical, mental, or other examinations required by the Employer to confirm the validity of the medical certificate.

Section 3. Third Doctor Procedure

The Employer reserves the right to select its own medical examiner or doctor and the Union may, if it believes an injustice has been done an employee, have said employee re-examined at the employee’s expense. If the two (2) doctors disagree, the Employer and the Union shall mutually agree upon a third (3rd) doctor within ten (10) working days, whose decision shall be final and binding on the Employer, the Union and the employee. Neither the Employer nor the Union will attempt to circumvent the decision of the third (3rd) doctor and the expense of the third doctor shall be equally divided between the Employer and the Union.

If the third (3rd) doctor agrees that the employee should be returned to work, the employee shall be reimbursed at his/her daily guarantee, less any other monies received back to the date of the examination by the Company doctor. It shall exclude any time the employee was not available for examination or work.

UPS Freight Agreement

Article 16
Examination and Identification Fees

Section 1. Required Examination

Physical, mental or other examinations required by a government body or the Employer shall be promptly complied with by all employees; provided, however, the Employer shall not pay for any time spent in the case of applicants for jobs.

The Employer shall determine the doctor that will perform the required examination and shall be responsible to these employees only for time spent at the place of examination or examinations where the time spent by the employee exceeds two (2) hours, and in that case only for those hours in excess of said two (2) hours. Examinations are to be taken at the employee’s home area and are not to exceed one (1) in any one (1) year, unless the employee has suffered serious injury or illness within the year. Employees will not be required to take examinations during their working hours, unless paid by the Employer for all time spent. Employees shall be given reasonable notice of dates of examinations. The Employer shall pay for all such examinations for all regular and probationary employees.

For those drivers subject to DOT regulations who possess a valid medical certificate from a designated DOT provider, the Employer shall pay for any additional physical, mental, or other examinations required by the Employer to confirm the validity of the medical certificate.

The Employer reserves the right to select its own medical examiner or doctor, and the Union may, if it believes an injustice has been done an employee, have said employee reexamined at the Union’s expense.

In the event of disagreement between the doctor selected by the Employer and the doctor selected by the Union, the Employer and Union doctors shall together select a third (3rd) doctor within seven (7) days, whose opinion shall be final and binding on the Company, the Union, and the employee. The Company nor the Union nor the employee will attempt to circumvent the decision. The expense of the third (3rd) doctor shall be equally divided between the Employer and the Union. Disputes concerning back pay shall be subject to the grievance procedure.

Perhaps I should have added a poll to this thread, asking this same question...

 

TheKid

Well-Known Member
You are right NY. It is just easier to go where they say. They get paid...we get paid....the Dr. has all the forms...everyone is happy.
 
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