Elaine Papp- founder of Health and Safety Works, LLC

The FMCSA has posted a Notice of Proposed Rulemaking, Qualifications of Drivers; Diabetes Standard, proposing to do away with the Diabetes Exemption Program. Although there are many drivers who feel this is a long overdue rule, others are concerned that the rule (the way it is written) would compromise the safety of the driver and the highways.

 

 

Dr Randolph Rosarion- National Registry Certified DOT Medical Examiner-

Dr Randolph Rosarion, certified Medical Examiner in the US DOT FMCSA National Registry of Certified Medical Examiners (NRCME) and Elaine Papp, board certified occupational health nurse and founder of Health and Safety Works, LLC, will be our special guests  on AskTheTrucker ‘Live” Saturday 6/27/15  at 6:30 PM ET as they discuss the complex and unseen details of insulin dependent Diabetes mellitus and how it relates to the NPR and the professional driver.

 

FMCSA’s New Proposed Rule, amending insulin treated driver qualification standards, published, May 4th, in the Federal Register.

Qualifications of Drivers; Diabetes Standard Summary –
“FMCSA proposes to permit drivers with stable, well-controlled insulin-treated diabetes mellitus (ITDM) to be qualified to operate commercial motor vehicles (CMVs) in interstate commerce. Currently, drivers with ITDM are prohibited from driving CMVs in interstate commerce unless they obtain an exemption from FMCSA…..”

Dr Rosarion and Ms. Papp have written articles regarding the NPR. A few can be read here:

“FMCSA’s Proposed Rule could Amend Driver Qualification Standards for Insulin Treated Diabetes” by Dr Randolph Rosarion
“Qualifications of Drivers” Diabetes Standard- FMCSA ‘s Notice of Proposed Rule Making” by Elaine Papp
“FMCSA NPR to amend certification of drivers using insulin: “sketchy” at best” by Dr. Randolph Rosarion

Both Dr Rosarion and Elaine Papp are Advisers for North American Trucking Alerts (NATA)

Join the heated discussion!  Saturday June 27th
6:30 PM ET
347-826-9170
Pros and Cons of FMCSA Proposed Rule –
Drivers with insulin dependent Diabetes

Have questions about your Diabetes or the Proposed Rule?
Call in # 347-826-9170  Then click “1″ on your keypad to join in the conversation

© 2015, Allen Smith. All rights reserved.

Technorati Tags: diabetes exemption, Diabetes Standard Summary, Dr. Randolph Rosarion, Elaine Papp, FMCSA, insulin treated diabetes, National Registry of Certified Medical Examiners

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Attorney Paul Taylor of TruckerJusticeCenter

Many drivers have experienced, or are at the very least familiar with, employer retaliation via wrongful and often harmful false information reported to authorized agencies. It’s not an exaggeration to say that many a career has been ruined by these antics. The most common of all is the infamous DAC report.

Professional CDL drivers have agreed that even “subtle suggestions” of DAC or other negative reporting  is still used to maintain “control” of their driver employee.  Is there a solution to these behaviors? Can drivers fight back?  Yes they can. Below are just 2 examples of cases that were taken to court and then won. Both cases were won by Paul Taylor of Truckers Justice Center

OSHA FINDS NEW PRIME, INC. PLACED FALSE INFORMATION ON DRIVER’S DAC REPORT

Truck Driver Fights Back Against DAC Awarded $130,000

Not all false DAC reporting makes it to court as in the above two examples. Sometimes all it takes is to dispute or challenge the false allegations via the HireRight website.  As drivers have found out however, sometimes it’s not all that easy to contest false information that is reported.  Jon Stanek of Stanek Law Office, as just one of his trucker related services, assists drivers through his website FixMyDacReport

Attorney Jon Stanek of Stanek Law Office and FixMyDacReport

Both Paul Taylor and Jon Stanek will be our guests on AskTheTrucker “Live” Saturday June 13th 6PM ET to discuss many aspects of driver experienced retaliation, and more importantly, solutions. They will be taking calls and answering questions

Paul and Jon specialize in Trucker cases and have extensive experience in the courtroom and are dedicated to Trucking Employment Law, harassment, discrimination, credit reporting errors, wrongful termination, truck lease disputes,wage disputes…and more

STAA  whistleblower protection — Harmful information on DAC Reports
6PM ET
Listen through the above link, player below, or by phone
347-826-9170

Topics to be included in Discussion

• Using STAA whistleblower protections to remove harmful information from DAC Reports Unauthorized pulls of DAC Reports
• Abandonment and co. policy violation notations on DAC Reports
• The Fair Credit Reporting Act (FCRA) Understanding your rights
• Investigation and Reinvestigation process; The No Parroting Rule
• Understanding Damages made- The difference between Negligent vs. Willful

Have you had an experience with retaliation? Did it go on your DAC report and cause extensive problems?
Need to ask a question TONIGHT?  Paul and Jon will be taking calls. 347-826-9170

© 2015, Allen Smith. All rights reserved.

Technorati Tags: AskTheTrucker Live, dac report, Fixmydacreport, jon Stanek, Paul Taylor, STAA whisleblower protection, truckers justice center, trucking employment law

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The FMCSA NPR to amend the certification of drivers using insulin: “sketchy” at best

Dr. Randolph Rosarion — certified medical examiner listed in the US DOT FMCSA National Registry of Certified Medical Examiners

Originally posted By Randolph Rosarion M.D. on May 25, 2015 • ( 1 Comment )

There is a reason why the PDR (Physician Desk Reference) is so bulky, listing every possible side effect for every drug from aspirin to anti-cancer medications.  The rumor is, as I was told in medical school is that the PDR is written by lawyers or “legal” minds, and not by doctors.  Whether true or not the irony is clear, and if true, it seems quite reasonable (to me anyway) why it would be more valuable to have it authored by legal persons rather than medical.

Nonetheless, the PDR is no doubt a valuable reference tool, not unlike FMCSA’s Medical Examiner’s Handbook, which is currently in defunct mode but soon to re-emerge, as we are promised.   If the previous FMCSA memorandum to medical examiners and training organization with regards to the obstructive sleep apnea (OSA) recommendations, and this new proposed rule to amend the regulations regarding insulin treated diabetes are any indications, I can only surmise that the FMCSA like it’s own Handbook is not so much as re-inventing itself but changing it’s look, putting on a new outfit so to speak, but in the process drastically altering the way commercial drivers are evaluated and certified.  Is this FMCSA “new look” just a way to appease lawmakers and stake holders, who no doubt put tremendous pressure on the agency, or a sincere attempt to abridge it’s regulatory machinery and cut through the bureaucratic red tape for the betterment of the driving professional?  In it’s mission statement the FMCSA succinctly and purposefully states:

Our primary mission is to prevent crashes, injuries and fatalities involving large trucks and buses.

Medical professionals who decide to perform commercial driver medical evaluations are required to follow certain qualification standards in the evaluation of commercial drivers to insure public safety, and must now pass an examination to become certified through the recently established National Registry of Certified Medical Examiners (NRCME).  The NRCME was mandated by congress and went into effect last year on May 21, 2014.  The hope with the creation of the NRCME was to further improve the driver certification process by using only trained and certified medical examiners, who apply FMCSA driver medical standards in evaluating commercial drivers to improve public safety and decrease fraud, and directly link the National Registry with state and federal driver databases.

Well then I ask, is the goal of ensuring public safety, still achievable or even palpable with the new proposed rule “as written”?  The fact that the current Diabetes Exemption Program will be dissolved in the process is really not the issue here.  As a lot of us see it, the main setback here is that in it’s current state or language, the proposed rule actually fails to meet the standards already established by the FMCSA itself for the Diabetes Exemption Program.  So doing away with the Diabetes Exemption Program is not the problem here.  We can do away with the exemption program, but with the current proposed rule as written if passed, we will not maintain the same level of safety.

Comment by July 6th 2015 FMCSA NPR  Qualifications of Drivers; Diabetes Standard

In reality, regardless of whether the driver goes through the FMCSA’s current Diabetes Exemption Program, or is evaluated and certified entirely by the medical examiner interacting with the treating clinician or primary care giver as suggested in the new rule, the fact is, it remains an exemption process.  The burden will only now be shifted to the medical examiner, and probably will not necessarily be alleviated for the driver either, that is, if the treating clinician properly evaluates and medical examiner certifies accordingly.  Then we need to ask, once certified how do we enforce this entire new process in lieu of the current Diabetes Exemption Program, to ensure that the driver using insulin remains compliant?

If you remember Johnny Depp’s movie “What’s Eating Gilbert Grape”, I can certainly ask the same of the FMCSA.  What’s Eating the FMCSA?, because a lot seems afoul with the new rule.  But to be fair, the FMCSA does rely on medical expert opinion from the Medical Review Board (MRB), the Medical Expert Panel (MEP), as well as the Office of Medical Programs within the FMCSA itself to help with the interpretation and application of it’s medical regulations and recommendations.  The FMCSA ultimately decides what recommendations made to the agency by it’s medical experts to accept.  It publishes notice of proposed rules such as the current rule at hand and submits it for a period of public comment.  Why does the FMCSA need such a wide body of medical experts to help it understand medical issues like insulin and diabetes and many other medical conditions?  The simple answer is it’s complicated, both understanding the medicine and to properly apply it through the legal system without over burdening drivers, and simultaneously maintaining public safety.

So I ask again, What’s eating Gilbert Grape?  What’s really eating the FMCSA?  Less I feign an answer, I’m afraid that what ever I say now would just be speculation, so your guess is as good as mine.  However, as a medical professional, I and many others see a lot wrong “medically” with the new proposed rule as written, and I hope to have some of those colleagues contribute their thoughts to the next post.

Memorial Day is here.  To be continued…..

Related Post
“Qualifications of Drivers” Diabetes Standard- FMCSA ‘s Notice of Proposed Rule Making

© 2015, Randolph Rosarion. All rights reserved.

Technorati Tags: diabetes exemption, DOT medical examiner, FMCSA, Medical Examiners Handbook, National Registry of Certified Medical Examiners, new proposed rule, NPR, Qualifications of Drivers; Diabetes Standard, Randloph Rosarion

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