Question Re: DOT Physical & Sleep Apnea

I’d quit, get a physical from my personal dr and drive somewhere that doesn’t require me to take a physical in lieu of the one I already have.
Secondly, anytime you talk to a new company one of your first question should be if they will accept your current physical or get a new one.
If they require one from their dr, then they are not the place for you

 

Move on to new employment. There is zero reason nor cause for any company to dictate your personal health.

 

I'm sorry you are in this position, this is why I hate how the big clinics push the sleep apnea stuff with the only treatment being acceptable is a CPAP machine. Now, let's not make a bad situation worse. You can't just get a new medical card from a different provider without being honest, the results of your Concentra exam are filed with the FMCSA and they will likely notice the discrepancy. This can result in fines and penalties to you.

Now, you said you will be taking 4 months off for surgery and don't want to lose your CDL. No problem, just update your CDL in Texas to self-certify "intrastate only - exempt" and this will keep your CDL qualification without a physical. Once you get the new card you can reselect "interstate non-exempt" and be back on the road after your operation.

Commercial Driver License (CDL) Medical Certification Requirement | Department of Public Safety

This isn't exactly the right thing to do but it beats the alternative of being downgraded while waiting for a CPAP machine and a new medical certification, risking the process getting held up and needing to start all over with your CDL. Now, if you do get downgraded you have up to two years in Texas to resume your CDL classification with some restrictions (info also in the link I shared). This means you could be downgraded during your wait for a CPAP machine and the recovery from your operation and then get your CDL back if you want to be 100% legit and not mess with changing your self-certification classification to avoid filing a medical examiner certification.

 

This can be done in theory. However, if you DO NOT tell that 2nd examiner about the first exam there is a great chance the FMCSA will see it and toss the 2nd physical. This is considered doctor shopping and is prohibited by the FMCSA.

About a year ago I was talking to a safety person who had this happen to one of the company drivers. This is how unfeeling and insidious the FMCSA are. They invalidated the physical, changed the physical information on the CDLIS, then the driver got a letter from his DMV about having no physical later. The company had no choice but to pull him off the road. I never heard how this ended, but I do know that for about 90 days the driver was still not driving.

All I know is it was about OSA and that (redacted) bunch of (redacted) at Concentra. I really wish the forum owner would find a prominent area of this forum to pin a locked comment to be VERY careful about getting physicals at Concentra.

 

You can take an at-home sleep test. Once you go to the Concentra and they report your new DOT exam your previous and stillvalid DOT exam will become expired. The company put you in a jam by sending you to Concentra. I believe there is a way to go to another DOT doctor, maybe a chiropractor, but chances are the employer won't accept your DOT exam unless it is from Concentra. This isn't an issue I've dealt with, so I don't recall how it can be solved but I am at least 75% sure it can be solved.

I would immediately self-certify with your state that you are using or plan to use your CDL in one of the categories that doesn't require you have an active DOT exam. That will keep your CDL valid while you figure out how to get this resolved. You cannot use your CDL to haul freight that requires a valid DOT exam, except for the 45 days the new exam is valid. I'm not lawyer, and the results will land on you, so be careful and double check any advice before betting your CDL on such advice.

 

Self-certification with your current state WILL NOT allow you to drive most CDL jobs, so only do the self-certify to keep you CDL in effect while this is worked out, not to drive. Once you get a new and valid DOT exam you self-certify you plan to use your CDL in the category that is appropriate for whatever job you work in. I'm just trying to emphasize self-certification isn't a way to get around the DOT exam requirement, but it can be used to keep your unused CDL from being downgraded.