Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: http://read.dmtmag.com/i/376180
32 | Overdrive | September 2014 SLEEP APNEA Q&A Rosarion says congressional attention to apnea with last year's legislation raised awareness in the medical community and among drivers about the condition. That legislation pulled back the reins on FMCSA's piecemeal approach by requiring that any new apnea regulation go through a formal rulemaking. In addition, the National Registry of Certifi ed Medical Examiners' institution this year has been reinforcing a lot of the guidance that exists on the condi- tion, Stanton notes. "The actual training that the medical (Continued on Page 86) The Americans With Disabilities Act, as amended in 2008, was changed to defi ne a person as disabled even with a "disabil- ity corrected by an assistive device like a CPAP machine," says Bob Stanton of Truckers for a Cause. The person is still considered as being disabled even though the disability is corrected. Employers, thus, must make reasonable accommodations for the disability – and they can't refuse to hire the person or fi re him or her because of it, Stanton says. "After 2008, you can't be fi red for having sleep apnea, but they can fi re you if you're not currently and effectively treated." Reasonable accommoda- tions could mean allowing a driver to install an inverter in his truck to run a CPAP device, Stanton adds, whether sharing costs for the installation or not. "Not every CPAP plugs straight into a cigar plug." Another fear of many, he says, is that "they won't get hired" after receiving a diagnosis, says Stanton, but "medical info like having sleep apnea is confi dential." Only those who truly need to know – direct supervisors or an HR representative – should be in possession of such information if you'd rather others, such as recruiters, not know. Who you must tell, however, is the DOT medical examiner. "If you lie to the medical examiner and you're in a major accident of any kind," says Stanton, "all of your medical records will be subpoenaed. Your credibility on everything then goes out of the window." CAN AN EMPLOYER FIRE OR REFUSE TO HIRE ME ON ACCOUNT OF A SLEEP APNEA DIAGNOSIS? truck MATTRESS truck MATTRESS SO COMFORTABLE, YOU'LL NEVER COUNT THESE GUYS AGAIN ™ Visit bostromseating.com for more information today! THESE GUYS AGAIN THESE GUYS AGAIN 7-SERIES MATTRESS * Refer to www.bostromseating.com for details. American Strong Since 1935 Text INFO to 205-289-3555 or visit www.ovdinfo.com