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<blockquote data-quote="Mugarolla" data-source="post: 1712179" data-attributes="member: 8481"><p>We pay you to know the contract. Apparently, we are paying you for nothing.</p><p></p><p></p><p></p><p>No they don't. They pay for the exam and if applicable, hourly wages.</p><p></p><p></p><p></p><p>If the DOT doctor does not give you a new card, you do not possess a valid medical certificate. The employers financial responsibility stops there.</p><p></p><p>It does not say that the employer will pay for any additional tests for you to get your medical certificate. Only to validate it if you have one.</p><p></p><p>This clause is in the contract for those employees who get a medical certificate from a designated DOT doctor and UPS questions the validity of it.</p><p></p><p>Then, and only then, they are required to pay for any additional tests.</p><p></p><p></p><p></p><p>Not for suggesting, but he can order it.</p><p></p><p>The FMCSA issued guidelines to DOT doctors for testing for sleep apnea.</p><p></p><p>The guidelines were a 17" neck size or higher. The doctor can order a sleep apnea test before issuing a medical certificate.</p><p></p><p>Congress has since changed the law, stating that a DOT doctor cannot request a sleep apnea test on the FMCSA guidelines alone. But if the doctor suspects you have sleep apnea, he can order the test per federal law.</p><p></p><p>Congress has ordered the FMCSA to do a study on their guidelines to evaluate whether the additional costs of these tests are beneficial to the whole.</p><p></p><p>We are now waiting on the FMCSA to issue a final rule.</p><p></p><p>In the meantime, DOT doctors can still withhold your medical certificate until you get a sleep apnea test done if they suspect, with more information than just the FMCSA guidelines, that a person has sleep apnea.</p><p></p><p></p><p></p><p>No it is not. The test is not required by the company. The test is required by the doctor representing the DOT.</p><p></p><p>UPS only pays for tests that they require, not for tests that the DOT requires.</p><p></p><p>UPS only requires a driver to have a medical certificate, they are not required to pay for any additional testing, above a normal DOT physical, that the DOT requires.</p><p></p><p></p><p></p><p>Maybe you should study up on the contract. If you got the company to pay for these tests, more power to you.</p><p></p><p>I would guess that you never came across this yet though. Because the company is not contractually obligated to pay for a sleep apnea test.</p><p></p><p>Another one is a stress test. Any employee who has had a heart attack, or other forms of miocardial infarction, is required by the DOT to undergo a yearly stress test in order to get their medical certificate.</p><p></p><p>The stress test cost is borne by the employee and their insurance. UPS is not contractually liable to pay for the stress test.</p><p></p><p></p><p></p><p>Maybe you should do a little more research before you call someone a troll.</p><p></p><p>And, by the way, both the sleep apnea test and the stress test have been grieved and lost at the State Panel.</p><p></p><p>No contractual violation for UPS denying payment.</p><p></p><p>The ruling was that these tests are not required by UPS, they are required by the DOT to get a medical certificate.</p><p></p><p>UPS only requires a medical certificate and only pays for the DOT exam.</p><p></p><p>Anything additional tests required by the DOT to get the certificate is the responsibility of the employee.</p><p></p><p>You're a big union guy, look it up.</p></blockquote><p></p>
[QUOTE="Mugarolla, post: 1712179, member: 8481"] We pay you to know the contract. Apparently, we are paying you for nothing. No they don't. They pay for the exam and if applicable, hourly wages. If the DOT doctor does not give you a new card, you do not possess a valid medical certificate. The employers financial responsibility stops there. It does not say that the employer will pay for any additional tests for you to get your medical certificate. Only to validate it if you have one. This clause is in the contract for those employees who get a medical certificate from a designated DOT doctor and UPS questions the validity of it. Then, and only then, they are required to pay for any additional tests. Not for suggesting, but he can order it. The FMCSA issued guidelines to DOT doctors for testing for sleep apnea. The guidelines were a 17" neck size or higher. The doctor can order a sleep apnea test before issuing a medical certificate. Congress has since changed the law, stating that a DOT doctor cannot request a sleep apnea test on the FMCSA guidelines alone. But if the doctor suspects you have sleep apnea, he can order the test per federal law. Congress has ordered the FMCSA to do a study on their guidelines to evaluate whether the additional costs of these tests are beneficial to the whole. We are now waiting on the FMCSA to issue a final rule. In the meantime, DOT doctors can still withhold your medical certificate until you get a sleep apnea test done if they suspect, with more information than just the FMCSA guidelines, that a person has sleep apnea. No it is not. The test is not required by the company. The test is required by the doctor representing the DOT. UPS only pays for tests that they require, not for tests that the DOT requires. UPS only requires a driver to have a medical certificate, they are not required to pay for any additional testing, above a normal DOT physical, that the DOT requires. Maybe you should study up on the contract. If you got the company to pay for these tests, more power to you. I would guess that you never came across this yet though. Because the company is not contractually obligated to pay for a sleep apnea test. Another one is a stress test. Any employee who has had a heart attack, or other forms of miocardial infarction, is required by the DOT to undergo a yearly stress test in order to get their medical certificate. The stress test cost is borne by the employee and their insurance. UPS is not contractually liable to pay for the stress test. Maybe you should do a little more research before you call someone a troll. And, by the way, both the sleep apnea test and the stress test have been grieved and lost at the State Panel. No contractual violation for UPS denying payment. The ruling was that these tests are not required by UPS, they are required by the DOT to get a medical certificate. UPS only requires a medical certificate and only pays for the DOT exam. Anything additional tests required by the DOT to get the certificate is the responsibility of the employee. You're a big union guy, look it up. [/QUOTE]
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