If time remains on their medical certification, can a driver be sent for a DOT exam?
A few frequently-asked questions about sending a driver for a DOT exam between medical certifications include the following:
- “Can I send my driver for a DOT exam if they were out for surgery or experienced a concerning event and have time left on their medical card?”
- “The driver was cleared by their treating provider for an injury or condition. Is that enough to let them operate a commercial motor vehicle (CMV)?”
- “My driver was off on a medical leave of absence for over 30 days. Do I need to send them for a DOT exam?”
Drivers must meet the medical qualifications standards found in 391.41 through the medical certification date. Suppose the driver’s ability to operate a commercial motor vehicle (CMV) safely is potentially affected before the medical certification expires. In that case, a carrier must send them for a DOT exam per 391.45(g) performed by a certified medical examiner (CME).
Two key points to note are:
- A driver is not required to undergo a DOT exam if off work for a medical reason or a period of time unless there is a safety concern or the medical certification expires.
- A treating clinician’s clearance to return to work is insufficient to allow the driver to operate a CMV if a specific safety risk exists. A CME must perform the DOT exam.
Risk management is important for carriers to keep in mind. A carrier should send a driver for a DOT medical certification rather than experience a crash in which a plaintiff’s attorney could question the driver’s mental or physical condition as the cause.
Americans with Disabilities Act (ADA) considerations:
The ADA restricts when employers may make medical inquiries or require medical exams of employees. However, if another federal law (e.g., FMCSR) mandates such inquiries or exams, they do not violate the ADA.
Otherwise, to make such inquiries or require exams, employers need to have a reasonable belief, based on objective evidence, that a particular employee is unable to perform the job’s essential functions because of a medical condition or the employee will pose a direct threat because of a medical condition.
Simply claiming a direct threat isn’t enough. Employers need to be able to show the following:
- There is a significant risk of substantial harm;
- The specific risk is identified;
- It is a current risk, not one that is speculative or remote;
- The risk assessment was based on objective medical or other factual evidence regarding a particular individual; and
- If a genuine risk of substantial harm exists, you have to consider whether the risk can be eliminated or reduced below the level of a direct threat by reasonable accommodation.
For example, a driver was off work for three months to have multiple eye surgeries. Vision, including depth perception, is essential to operate a CMV safely. After being cleared to return to work, a DOT exam would likely be in order.
Key to remember:
If there is a reason to believe that a driver has a physical or mental condition that may pose a safety risk while operating a CMV, the carrier is required to send them for a DOT exam.