Transportation Operations; Bus, Rail and Facilities
Maintenance;
Human Resources; Safety; Information Technology
|
|
Title: CDL/DOT
Requirements and Expiration Tracking
|
SOP 015
|
Date: REVISED 3/14/2012
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Page 1 of 19
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1.0 Purpose:
This procedure
outlines the Commercial Drivers License (CDL) and Department of Transportation Medical
Examiner’s Certificate (DOT) requirements for TriMet Transportation and
Maintenance employees.
Per
Federal requirements, an employee in
a CDL-required job classification who does not have a valid CDL, for any
reason, may not perform CDL-required work. A DOT medical card, which certifies
that the holder is physically fit per Federal criteria to operate a vehicle,
must be current and a copy must be maintained on file with the State DMV (i.e.,
Oregon or Washington, as applicable) for a CDL to be valid.
Administrative
requirements of TriMet departments to maintain CDL records, track expiration
dates, and provide notification to employees prior to expiration dates are also
outlined in this procedure.
2.0 Procedures:
TriMet has
established general CDL/DOT medical card requirements by job classification:
Transportation
Operations classifications
|
class B CDL, with passenger
endorsement and without air brake restriction
|
Bus Maintenance
Journeyworker/Apprentice classifications
|
class A CDL, with passenger
endorsement and without air brake restriction
|
Rail Equipment Maintenance,
Rail Maintenance of Way,
Facilities Maintenance, and Commuter
Rail Vehicle Journeyworker/Apprentice classifications
|
class A CDL, without air
brake restriction; passenger endorsement is not required
|
Maintenance Helper (Service
Worker) classifications (Bus & Rail)
|
class B CDL, with passenger
endorsement and without air brake restriction
|
Note: Detailed list by job title is
maintained by Human Resources (Exhibit 2)
2.1
Hiring Employees in Job Classifications Requiring CDL
1. Human Resources shall specify CDL
requirements in all applicable TriMet job descriptions and job postings.
2. Human Resources maintains a listing of
job titles for which CDL requirements apply for reference by all other
departments (Exhibit 2)
3. Human Resources shall make any initial
offer of employment for job classifications requiring a CDL a conditional
offer. The offer letter shall state that obtaining a CDL permit with proper
endorsements and DOT card is required prior to start of TriMet employment. This
requirement also applies to an existing TriMet employee in a CDL-not-required
position being accepted for transfer into a CDL-required position.
4. Human Resources shall verify that a
CDL permit has been obtained and shall not issue a confirmed offer of
employment letter without this verification. In the case of a transfer,
verification shall be required prior to final processing of the transfer Personnel
Order and informing the Employee and the Employee's leaving Supervisor that the
transfer shall occur.
5. The new employee shall show his/her
CDL permit (or license) and DOT card to the appropriate administrator in their
department - this may be the Administrative Specialist, Bus Operator Training
department (Mini-Run Operator trainees), or the Maintenance Timekeeper, Bus
Maintenance department (Service Worker new hires) - at the start of employment.
These personnel shall:
a.) Make a copy of the employee's CDL
permit (or license) and DOT card as part of the traveling file for the
employee, and shall record CDL expiration date information (along with other
Employee data) in the Human Resources information system;
b.) Schedule the employee for CDL driver
training, provided by the Bus Operator Training department; and
c.) Upon successful completion, the CDL
expiration date information will be updated in the Human Resources information
system.
2.2
Requirements for Employees in Job Classifications Requiring CDL
·
New-hire
employees to which CDL requirements apply shall obtain a DOT card and CDL
permit prior to beginning TriMet employment.
·
TriMet
provides at company expense a medical evaluation service for employees' use
(including new hire employees) in order to obtain a DOT card. Employees who opt
to use a different provider are responsible for the expense; it is not
reimbursed by TriMet or covered under TriMet medical plans. The physical examination is on the employee's
personal time. TriMet does not reimburse mileage for the use of an employee's
personal car to travel for this examination.
·
New-hire
employees must successfully complete TriMet’s CDL drive test to continue
employment.
·
Employees
whose job requires a CDL/DOT must carry the CDL and DOT card upon their person
while on-duty (see examples, Exhibit 1).
·
Employees are required to show renewed CDL and DOT cards, and new
CDL and DOT cards issued due to a change of residence, to their Transportation
Station Management or Maintenance Timekeeper, as applicable so that TriMet may
record the new date(s) of expiration.
·
CDL
holders are notified by their State DMV (i.e., Oregon or Washington, as
applicable) prior to CDL expiration, but not for DOT card expiration. TriMet
notifies employees within 45 days and again within 14 days of CDL or DOT card
expiration.
·
TriMet
reimburses an employee's CDL renewal fee, including fees for any endorsements
(or upgrade from class B to class A) required by TriMet for the employee's job
classification, but not including fees for any endorsements purchased for
personal use.
·
Employees
with an expired CDL or DOT card will not be allowed to work and will be
considered AWOL as of the expiration date.
·
Failure
to obtain a valid DOT card or CDL within five (5) days after the expiration
date will result in discipline, up to termination.
·
Employees
shall notify their Supervisor/Manager within 30 calendar days of conviction for
any traffic violations, except parking, no matter what type of vehicle was
being driven. (Federal requirement)
·
Employees
shall notify their Supervisor/Manager within one business day if their license
is suspended, revoked, or canceled, or if they are disqualified from driving
for any reason. (Federal requirement)
Note: Oregon DMV issues an interim license (a paper
card), which expires 30 days after it is issued. Employees must show the interim CDL at the
time it is obtained, and show the actual CDL license (laminated plastic card)
with the actual expiration date, for renewal fee reimbursement, when it is
obtained.
2.3
Record-keeping, Notification, and Management Requirements
Human Resources Department: Shall maintain a listing of job titles for
which CDL requirements apply, for reference by all other departments and shall
specify CDL requirements in all applicable TriMet job descriptions (Exhibit 2).
Safety
Department: Shall
maintain and manage a contract for TriMet-provided medical evaluation services
for employees' use (including new hire employees) in order to obtain a DOT
card.
Information
Technology Department:
Shall maintain information systems for the purpose of CDL/DOT expiration
records and tracking.
Operations
Assistants/Specialists in Transportation Operations, Maintenance Timekeepers:
1. Retain a copy of each employee's
current CDL and DOT card in the employee's traveling file.
2. Enter employee's CDL and DOT card
expiration date information in Human Resources information system. Record the
expiration date for the interim CDL at the time it is shown, and record the
expiration date for the actual CDL license (laminated plastic card) when it is
shown.
3. At least once weekly, on a consistent
day of the week:
- Use the CDL/DOT reporting tool within the TransHR information system to identify employees with upcoming CDL/DOT expirations (see Exhibit 7 for sample expiration report).
- Issue notifications to employees within 45 days and 14 days of CDL or DOT card expirations. (see Exhibits 3 and 4 for Transportation expiration notices; see Exhibits 5 and 6 for Maintenance expiration notices).
- For Transportation employees, an Operator Receipt Form (501) is included, with the renewal notice which the Employee signs and returns to the OA, who retains it in the employee's traveling file until a copy of the renewed CDL or DOT card is received. A copy of the expiration notice is sent to the employee's Station Management, or a current posting of upcoming expirations is maintained in the Station Manager's office.
- For Maintenance employees, a copy of the expiration notice is sent to the employee's Supervisor and to the Maintenance Manager.
4. Submit expense reimbursement requests
on behalf of the employee for the CDL renewal fee (excluding fees for any
endorsements purchased by the Employee for personal use).
Transportation
and Maintenance Managers:
1. Ensure ongoing timely performance of
the CDL/DOT expiry notifications process within their department.
2. Ensure that employees who are issued
not-less-than 14-day expiration notices are personally contacted by their
Assistant Station Manager (Transportation) or Supervisor (Maintenance) and
reminded of the necessity for renewal and consequences for failure to renew.
3. Implement discipline for employees who
do not maintain a valid DOT card or CDL, including hardship modification, when
warranted, if a license is suspended, revoked or canceled (see Section 2.4).
4. Implement disability accommodation,
when warranted under ADA guidelines, if an employee is disqualified from
driving due to a qualifying disability. (see Section 2.4)
2.4 Suspension or Non-renewal of CDL by Employees
in Job Classifications Requiring CDL and DOT:
1. When an employee’s driving record
disqualifies the employee from holding or maintaining a valid CDL/DOT:
a. Transportation department Managers and
Maintenance department Managers will send an AWOL notice letter upon discovery
of a loss of CDL and may implement termination as the first discipline step.
b. The employee has the option to request
a hardship modification as the first discipline step. If a hardship
modification is requested:
·
The
employee shall furnish documentation from Oregon State DMV or Washington State
DOL (as applicable) as to the earliest date a renewed, valid CDL may be
obtained. No more than 90 days shall be allowed from the date of the hardship
modification agreement for the Employee to obtain a new, valid DOT card or
renewed, valid CDL.
·
Job
or job duties as determined by the Transportation or Maintenance Manager which
do not require a valid CDL to perform must be available. If such a job or
duties are not available, the Manager shall not offer the employee a hardship
modification agreement.
·
If
CDL can be obtained within 90 days of the hardship modification and a non-CDL
job or job duties are available, the Manager may exercise the option to provide
a hardship modification. The hardship modification agreement shall contain the
following information:
a.)
A
specific date by when a renewed, valid CDL shall be obtained. No more than 90
days shall be allowed from the date of the hardship modification agreement for
the Employee to obtain a new, valid DOT card or renewed, valid CDL.
b.) Specification of the job or job duties
that the employee may perform for which a CDL is not required; and the job or
jobs which the employee may sign at the next work signup for which a CDL is not
required, until the date specified in (a);
c.) A clear and explicit statement that
the employee's failure to obtain a renewed, valid CDL by the date specified in
(a) shall result in the employee’s termination within five (5) days of that
date; and
d.) The employee’s signature accepting the
agreement.
IMPORTANT
NOTE: the employee's signature is not required for the hardship modification to
be effective. In any event, the Transportation or Maintenance Manager shall
document that the Employee has received the hardship modification.
2. When an employee fails to renew their
CDL, Transportation department Managers, and Maintenance department Managers,
shall implement discipline according to the standards outlined in the CDL/DOT
expiration notification letters to Employees:
"If you allow your
DOT medical card / CDL to expire, you will be marked off AWOL until you show
that you have obtained a new, valid DOT card / renewed, valid CDL. Failure to
obtain a new, valid DOT card / renewed, valid CDL within five (5) days after
the expiration date will result in discipline, up to termination."
An employee facing termination for
failure to obtain a new, valid DOT card or renewed, valid CDL as required by
their job classification may seek a different job at TriMet that does not
require a CDL, if available, through sign-up bid or application.
3. When an
employee is fails to obtain a new, valid DOT card or renewed, valid CDL due to
the employee's medical or health condition:
a.
The employee may ask their Transportation or
Maintenance Manager or the Human Resources Department for accommodation under
the Americans with Disabilities Act (ADA).
b.
The District will follow the legal requirements for
evaluating such requests and, if appropriate, for determining whether a
reasonable accommodation must be made.
c. If the
employee’s medical or health condition does not come under the coverage of the
ADA, a hardship modification may be requested and accommodated if possible
and/or the employee may
seek a different job at TriMet that does not require a CDL, if available,
through sign-up bid or application.
4. In individual cases where the facts
and circumstances surrounding the loss of an employee's CDL are present,
compelling, and mitigate the suspension of the employee's CDL, the General
Manager at his/her sole discretion may grant a leave of absence without pay,
not to exceed one year:
a.
The
employee shall provide a written statement requesting the leave, the period of
the leave requested and the reason why the leave is needed.
b.
If
the reason for the leave request is beyond the control of the employee, this
shall be clearly stated. If it is not beyond the control of the employee, the
employee shall state clearly the extraordinary reasons such an exception should
be granted. Included in the request shall be a description of the steps taken
(being taken) by the employee to ensure that the circumstance will not recur.
c. If there is a professional working
with the employee, a formal submission from that professional addressing the
reason that led to the suspension, steps being taken to deal with those reasons
and the expected outcome shall be required.
References:
Exhibit 1 Sample Commercial Driver's License and
DOT Medical Card
Exhibit 2 Human Resources department listing of
job classifications requiring a CDL
Exhibit 3 Transportation Operations CDL
Expiration Notification to Employee
Exhibit 4 Transportation Operations DOT
Expiration Notification to Employee
Exhibit 5 Maintenance departments CDL Expiration
Notification to Employee
Exhibit 6 Maintenance departments CDL Expiration
Notification to Employee
Exhibit 7 Sample expiration report from CDL/DOT
web-based reporting tool in TransHR
Exhibit
1
Commercial
Driver’s License (example) and DOT Medical Card
Exhibit 2 - Listing
Maintained by Human Resources Department (as of 5/08)
Page 1 of 2
Positions requiring
Commercial Drivers License (CDL)
Validated by each
department
Position Title
|
Pos.#
|
CDL Required Y/N
|
Required in Job
Description Y/N
|
Employee
Reimbursement
For CDL Y/N
|
Apprentice
Mechanic
|
934
|
Y
|
Y-Class A
|
Y
|
Assistant Station Manager
|
820
|
N
|
N
|
N
|
Assistant
Supervisor/Facilities
|
964
|
Y
|
Y-Class
A
|
Y
|
Assistant
Supervisor Fare Lift
|
550
|
Y
|
Y-Class
A
|
Y
|
Assistant
Supervisor/Bus Maintenance
|
930
|
Y
|
Y-Class
A
|
Y
|
Assistant
Supervisor/OCS and Substation
|
566
|
Y
|
Y-Class
A
|
Y
|
Asst. Supv./Commuter Rail Veh. Maint.
|
872
|
Y
|
Y-Class
A
|
Y
|
Assistant Supervisor/Rail Maintenance
|
529
|
Y
|
Y-Class
A
|
Y
|
Assistant Supervisor/Signals
|
556
|
Y
|
Y-Class
A
|
Y
|
Assistant Supervisor/Track
|
564
|
Y
|
Y-Class
A
|
Y
|
Assistant Mgr. Field Operations
|
1140
|
N
|
Optional
|
N
|
Assistant Mgr. Rail Transportation
|
511
|
Y
|
Y-Class B
|
Y
|
Assistant Mgr. Rail Transp.Training
|
514
|
Y
|
Y-Class B
|
Y
|
Chief Fare
Inspector
|
341
|
N
|
N
|
N
|
Chief Station
Agent
|
830
|
N
|
N
|
Y
|
Cleaner (hired
before 7/1/04)
|
940
|
N
|
N
|
Y
|
Command Center Lead
|
700
& 538
|
N
|
N
|
Y
|
Communications Technician
|
505
|
Y
|
Y-Class A
|
Y
|
Communications Technician Assistant
|
504
|
Y
|
Y-Class
A
|
Y
|
Commuter Rail Veh. Maint. Technician
|
888
|
Y
|
Y-Class A
|
Y
|
Dispatcher
|
836
|
N
|
N
|
Y
|
Fare Inspector
|
342
|
N
|
N
|
Y
|
Fare Maintainer
|
542
|
Y
|
Y-Class A
|
Y
|
Fare Maintainer Apprentice
|
544
& 567
|
Y
|
Y-Class A
|
Y
|
Field Operations
Coordinator
|
819
|
N
|
N
|
Y
|
Helper/Bus
|
933
|
Y
|
Y-Class B
|
Y
|
Helper Rail
Equipment/Wayside Cleaner
|
533
|
Y
|
Y-Class
B
|
Y
|
Journeyman
Mechanic
|
931
|
Y
|
Y-Class A
|
Y
|
Lead Road
Supervisor
|
489
|
Y
|
Y-Class
B
|
Y
|
Maintenance Mechanic
|
932
|
Y
|
Y-Class
B
|
Y
|
Maintenance Trainer
|
918
|
Y
|
Y-Class A
|
Y
|
Manager, Bus Maintenance
|
910
|
N
|
N
|
N
|
Manager MOW
Operations
|
530
|
N
|
Optional
|
N
|
Manager MOW
Programs
|
565
|
N
|
N
|
N
|
Manager Rail
Equipment
|
911
|
N
|
Optional
|
N
|
Manager, REM
Training & Engineering
|
575
|
N
|
Optional
|
N
|
Manager Rail
Transportation
|
517
|
N
|
N
|
N
|
Mgr. Bus Operator
Training
|
814
|
N
|
N
|
N
|
Mini-Run
Operators/Bus Part-time
|
881
|
Y
|
Y-Class
B
|
Y
|
MMIS/Timekeeper
Clerks/Bus
|
937
|
N
|
N
|
Y
|
MMIS/Timekeeper
Clerks/Rail
|
543
|
N
|
N
|
Y
|
MOW Laborer
|
561
|
Y
|
Y-Class A
|
Y
|
MOW/Facilities
Landscapers
|
974
|
N
|
N
|
N
|
MOW Supervisor
|
563
|
N
|
Optional
|
N
|
MOW Supervisor/Communications
|
525
|
N
|
Optional
|
N
|
Operators/Bus
Full-Time
|
0880
|
Y
|
Y-Class
B
|
Y
|
Plant Maintenance
Mechanic/Apprentice
|
809
& 572
|
Y
|
Y-Class
A
|
Y
|
Plant Maintenance
Mechanic/Bus
|
968
|
Y
|
Y-ClassA
|
Y
|
Plant Maintenance
Mechanic/Rail
|
557
|
Y
|
Y-Class
A
|
Y
|
Plant Maintenance Technician
|
965
|
N
|
N
|
N
|
Power Maintainer (OCS)
|
531
|
Y
|
Y-Class
A
|
Y
|
Power Maintainer/Apprentice (OCS)
|
547
& 569
|
Y
|
Y-Class
A
|
Y
|
Rail Controller
|
538
|
N
|
N
|
Y
|
Rail Equipment
Engineer
|
539
|
N
|
N
|
Y
|
Rail Mechanic
|
551
|
Y
|
Y-Class A
|
Y
|
Rail
Mechanic/Apprentice
|
534
& 573
|
Y
|
Y-Class
A
|
Y
|
Rail Operator
|
580
|
Y
|
Y-Class B
|
Y
|
Rail Supervisor
|
536
|
Y
|
Y-Class
B
|
Y
|
Road Supervisor
|
834
|
Y
|
Y-Class B
|
Y
|
Service Worker
/Bus (hired after 7/1/04)
|
944
|
Y
|
Y-Class
B
|
Y
|
Service Worker
/Rail (hired after 7/1/04)
|
945
|
Y
|
Y-Class
B
|
Y
|
Signal Maintainer
|
541
|
Y
|
Y-Class
A
|
Y
|
Signal Maintainer/Apprentice
|
546
& 568
|
Y
|
Y-Class
A
|
Y
|
Spotter
|
936
|
Y
|
Y-Class B
|
Y
|
Station Agent
|
835
|
N
|
N
|
Y
|
Station Manager
|
815
|
N
|
N
|
N
|
Streetcar
Operator
|
488
|
Y
|
Y-Class
B
|
Y
|
Streetcar
Superintendent
|
146
|
Y
|
Y-Class B
|
Y
|
Supv. Rail Transp. Training (Non-Union)
|
582
|
Y
|
Y-Class
B
|
Y
|
Supervisor/Bus
Maintenance
|
916
|
N
|
Optional
|
Y
|
Supervisor/Engineering
Training
|
415
|
Y
|
Y-Class
A
|
Y
|
Supervisor/Rail
Maintenance
|
526
|
Y
|
Y-Class
A
|
Y
|
Tireman
|
941
|
Y
|
Y-Class
B
|
Y
|
Track Maintainer
|
540
|
Y
|
Y-Class A
|
Y
|
Traction Substation Maintainer
|
531
|
Y
|
Y-Class
A
|
Y
|
Traction Substation Maintainer Appr.
|
545
& 570
|
Y
|
Y-Class
A
|
Y
|
Training
Assistant/Rail
|
462
|
Y
|
Y-Class
B
|
Y
|
Training
SupervisorBus Transp.
|
832
|
Y
|
Y-Class
B
|
Y
|
Training
Supervisor/Rail Transp.
|
775
|
Y
|
Y-Class
B
|
Y
|
Wayside Clnr./Pressure
Washer/Steamer
|
537
|
Y
|
Y-Class
B
|
Y
|
Exhibit 2 - Listing
Maintained by Human Resources Department (as of 5/08)
Page 2 of 2
Exhibit
3
Transportation
Operations CDL Expiration Notification to Employee
Date: «date»
To: Operator (if applicable)
«name» «last name», Badge #«badge»
From: (name)
, (title) , (facility name) (mailstop)
Subject: CDL Renewal Reminder
Our records indicate that your
Commercial Driver's License (CDL) will expire on «date of expiration». Your CDL must be valid, as a requirement of
your job. This memo is a reminder for you to renew your CDL if you have not
already done so.
It is your responsibility to renew your
CDL, and show TriMet that you have renewed it, before your current CDL expires.
You may renew your CDL for four (4) or
eight (8) years. After you show your renewed CDL, TriMet will reimburse you for
the renewal fee (for either 4 or 8 years, as applicable), but not for any
endorsements which you purchase for your personal use.
After you have obtained your renewed CDL
card, show it along with your current DOT medical card to (Station Agent,
Assistant Station Manager, Operations Assistant, Rail Control, as applicable),
who will make a copy for TriMet's records. We will update our CDL expiration
date information so that we can provide you a reminder in the future before the
next expiration.
Beginning in 2007, Oregon DMV issues an
interim license (a paper card), which expires 30 days after it is issued. We
will need a copy of your interim CDL to update records, but we will not
reimburse you for the renewal fee until we have received a copy of the actual
CDL license (laminated plastic card) with the actual expiration date. You
should receive your actual CDL about two weeks after DMV issues your interim
CDL; if you don’t, you need to contact the Oregon DMV.
As of January 30, 2012, you are required
to submit a copy of your current Medical Examiner’s Certificate (DOT) to your
State DMV (i.e., Oregon or Washington, as applicable) when you renew or replace
your CDL.
If you allow
your CDL to expire, you will be marked off AWOL until you show that you have
obtained a renewed, valid CDL. Failure to obtain a renewed, valid CDL within
five (5) days after the expiration date will result in discipline, up to termination.
Also,
you must carry your DOT medical card with you at all times to validate your
CDL. Thank you.
Exhibit
4
Transportation
Operations DOT Expiration Notification to Employee
Date: «Date»
To: «Name» Operator #«Number»
From: (name)
, (title) , (facility name) (mailstop)
Subject: DOT Medical Card Renewal Reminder
Our records indicate that your DOT
Medical Card will expire on «Expires». Your DOT card must be current for
your Commercial Driver's License (CDL) to be valid, which is a requirement of
your job. This memo is a reminder for you to renew your DOT card if you have
not already done so.
It is your responsibility to schedule
and receive a medical exam, show TriMet that your DOT card has been renewed, and
submit a copy of your renewed DOT card to your
State DMV (i.e., Oregon or Washington, as applicable) before your
current DOT card expires. TriMet provides free DOT medical exams
through Northwest Occupational Health Services, 9370 SW Greenburg Road, Suite
101, Tigard. Call (503) 246-7030 between 8:00 am and 4:30 pm Monday through
Friday, to schedule your exam. Exams may also be available on a limited basis
at Gresham Urgent Care, 2850 East Powell Valley Road, Gresham, [call
503-246-7030 for Gresham hours]. Please schedule your appointment as soon
as possible to be sure it occurs before your DOT card expires; last-minute
appointments may not be available. Attached is the DOT medical examination
form, which you should fill out before your appointment. The physical examination
is on the employee's personal time, as per Human Resources SOP HR332.3.
You may choose your own physician to
perform the DOT medical exam; however, TriMet will not reimburse you for the
cost of the exam, if you choose your own physician. If you choose your own
physician, the physician must provide a DOT card. Be sure that the completed
card shows the date of expiration (in addition to the date of the exam).
If you have a medical problem that must
be corrected, please be sure to return to the original examining physician
after the problem has been corrected. Failure to do so may result in a
statement of medical disqualification being sent to the DMV.
After you have obtained your renewed DOT
card, show it along with your current CDL to (Station Agent, Assistant
Station Manager, Operations Assistant, Rail Control, as applicable),
who will make a copy for TriMet's records. We will update our DOT card
expiration date information so that we can provide you a reminder in the future
before the next expiration. You must
also submit a copy of your renewed DOT
card to your State DMV (i.e., Oregon or Washington, as applicable),
failure to do so will result in the cancelation of your CDL.
If you allow
your DOT medical card to expire, you will be marked off AWOL until you show
that you have obtained a new, valid DOT card. Failure to obtain a new, valid
DOT card within five (5) days after the expiration date will result in
discipline, up to termination. The DOT medical card must be carried
with you at all times to validate your commercial driver's license. Thank you.
Attachment: DOT
Medical Examination Report & letter to your physician regarding sleep
apnea. It is important that you complete and review both of these
attachments with your doctor.
Exhibit
4 – Continued
Transportation
Operations DOT Expiration Notification to Employee
Commercial Drivers and Sleep Apnea
Dear Examining Physician:
Sleep apnea is a major contributor
to drowsiness-a condition that could prove deadly for commercial bus and light
rail operators, and involved passengers.
Studies have shown that
individuals with undiagnosed sleep apnea are at greater risk of being involved
in an accident. Because of this, the
Federal Motor Carrier Safety Administration is encouraging DOT medical examiners
to pay close attention to the issue of operator fatigue and sleepiness.
Given the safety sensitive nature
of public transportation, it is important for examining physicians to:
n Assess the compliance / effectiveness of CPAP use in
those with diagnosed sleep apnea
n Screen for sleep apnea in those most at risk for the
problem
As you are aware, the risk of
sleep apnea increases with obesity and neck circumference. Some physicians screen for sleep apnea by
measuring neck circumference and examining the Body Mass Index (BMI).
n If an individual has a neck circumference of 17.5
inches and a BMI over 35, there is a strong chance they have sleep apnea. A formal sleep study should be considered,
even in the absence of any symptoms of sleep apnea.
We appreciate your careful
assessment of our employees. Thank you
for considering important issue of sleep apnea and sleepiness in bus / rail
operators as well as other TriMet employees working in safety sensitive
positions requiring a DOT examination.
TriMet Safety Department
Exhibit 4 – Continued
Transportation Operations DOT Expiration Notification to
Employee
Northwest
Occupational
Health Associates Medical
Examination Report
FOR COMMERCIAL DRIVER FITNESS DETERMINATION
1.
|
DRIVER’S
INFORMATION
|
|
Driver Completes this section
|
||||||||||
Driver’s Name (Last, First,
Middle)
|
Social Security No.
|
|
Birth Date
MM/DD/YYYY
|
Age
|
Sex
q
M
q
F
|
q
New
certification
q
Recertification
q
Follow up
|
Date of Exam
|
||||||
Address
|
City, State, Zip Code
|
|
Work Tel: ( )
Home Tel: ( )
|
License Class
|
State of Issue
|
||||||||
q
A
q
C
q
Other
|
q
B
q
D
|
||||||||||||
2.
|
HEALTH HISTORY
|
Driver completes this section,
but medical examiner is encouraged to discuss with driver.
|
|||||||||||
Yes No
q q Any illness or
injury in the last 5 years?
q q Head/Brain injuries, disorders or illnesses
q q Seizures,
epilepsy
q Medication
q q Eye
disorders or impaired vision (except corrective lenses)
q q Ear
disorders, loss of hearing or balance
q q Heart disease or heart attack ; other cardiovascular
condition
q Medication
q q Heart surgery (valve replacement/bypass, angioplasty,
pacemaker)
q q High blood pressure
q Medication
q q Muscular disease
q q Shortness of breath
|
Yes No
q q Lung disease, emphysema, asthma, chronic
bronchitis
q q Kidney
disease, dialysis
q q Liver disease
q q Digestive problems
q q Diabetes or elevated blood sugar controlled by:
q diet
q pills
q insulin
q q Nervous or psychiatric disorders, e.g. sever
depression
q Medication
q q Loss of,
or altered consciousness
|
Yes No
q q Fainting, dizziness
q q Sleep
disorders, pauses in breathing while asleep, daytime sleepiness, loud snoring
q q Stroke or paralysis
q q Missing or impaired hand, arm, foot, leg, finger or
toe
q q Spinal injury or disease
q q Chronic low back pain
q q Regular, frequent alcohol use
q q Narcotic
habit forming drug use
|
|||||||||||
For
any YES answer, indicate onset date, diagnosis, treating physician’s name and
address, and any current limitation. List all medications (including
over-the-counter medications) used regularly or recently.
|
|||||||||||||
I certify that the above
information is complete and true. I
understand that inaccurate, false or missing information may invalidate the
examination and my Medical Examiner’s Certificate.
Driver’s
signature Date
Medical
Examiner’s Comments on Health History (The
medical examiner must review and discuss with the driver any “YES” answers and
potential hazards of medications, including over-the-counter medications, while
driving.)
Exhibit 4 – Continued
Transportation Operations DOT Expiration Notification to
Employee
D.O.T. EXAMS
We are pleased to offer TriMet employees work-related
physical exams. We are located just East of Washington Square.
Please call 503-246-7030 for appointments, directions
or questions.
ASK ABOUT GRESHAM CLINIC APPOINTMENTS, IF DESIRED
(LIMITED AVAILABILITY)
Exhibit
5
Maintenance
Departments CDL Expiration Notification to Employee
Date: «date»
To: «name» «last name», Badge
#«badge»
From: (name)
, (title) , (facility name) (mailstop)
Subject: CDL Renewal Reminder
Our records indicate that your
Commercial Driver's License (CDL) will expire on «date of expiration». Your CDL must be valid, as a requirement of
your job. This memo is a reminder for you to renew your CDL if you have not
already done so.
It is your responsibility to renew your
CDL, and show TriMet that you have renewed it, before your current CDL expires.
You may renew your CDL for four (4) or
eight (8) years. After you show your
renewed CDL, TriMet will reimburse you for the renewal fee (for either 4 or 8
years, as applicable), but not for any endorsements which you purchase for your
personal use.
After you have obtained your renewed CDL
card, show it along with your current DOT medical card to (Timekeeper,
Supervisor, or “me,” as applicable), who will make a copy for TriMet's
records. We will update our CDL expiration date information so that we can
provide you a reminder in the future before the next expiration.
Beginning in 2007, Oregon DMV issues an
interim license (a paper card), which expires 30 days after it is issued. We
will need a copy of your interim CDL to update records, but we will not
reimburse you for the renewal fee until we have received a copy of the actual
CDL license (laminated plastic card) with the actual expiration date. You
should receive your actual CDL about two weeks after DMV issues your interim
CDL; if you don’t, you need to contact the Oregon DMV.
As of January 30, 2012, you are required
to submit a copy of your current Medical Examiner’s Certificate (DOT) to your State
DMV (i.e., Oregon or Washington, as applicable) when you renew or replace your
CDL.
If you allow
your CDL to expire, you will be marked off AWOL until you show that you have
obtained a renewed, valid CDL. Failure
to obtain a renewed, valid CDL within five (5) days after the expiration date
will result in discipline, up to termination. Also, you must
carry your DOT medical card with you at all times to validate your CDL. Thank
you.
Exhibit
6
Maintenance
Departments DOT Expiration Notification to Employee
Date: «Date»
To: «Name» Operator #«Number»
From: (name)
, (title) , (facility name) (mailstop)
Subject: DOT Medical Card Renewal Reminder
Our records indicate that your DOT
Medical Card will expire on «Expires». Your DOT card must be current for
your Commercial Driver's License (CDL) to be valid, which is a requirement of
your job. This memo is a reminder for you to renew your DOT card if you have
not already done so.
It is your responsibility to schedule
and receive a medical exam, show TriMet that your DOT card has been renewed,
and submit a copy of your renewed DOT card to your
State DMV (i.e., Oregon or Washington, as applicable) before your
current DOT card expires. TriMet provides free DOT medical exams
through Northwest Occupational Health Services, 9370 SW Greenburg Road, Suite
101, Tigard. Call (503) 246-7030 between 8:00 am and 4:30 pm Monday through
Friday, to schedule your exam. Exams may also be available on a limited basis
at Gresham Urgent Care, 2850 East Powell Valley Road, Gresham, [call
503-246-7030 for Gresham hours]. Please schedule your appointment as soon
as possible to be sure it occurs before your DOT card expires; last-minute
appointments may not be available. Attached is the DOT medical examination
form, which you should fill out before your appointment. The physical
examination is on the employee's personal time, as per Human Resources SOP
HR332.3.
You may choose your own physician to
perform the DOT medical exam; however, TriMet will not reimburse you for the
cost of the exam, if you choose your own physician. If you choose your own
physician, the physician must provide a DOT card. Be sure that the completed card shows the
date of expiration (in addition to the date of the exam).
If you have a medical problem that must
be corrected, please be sure to return to the original examining physician
after the problem has been corrected. Failure to do so may result in a
statement of medical disqualification being sent to the DMV.
After you have obtained your renewed DOT
card, show it along with your current CDL to (Timekeeper, Supervisor, or
“me,” as applicable), who will make a copy for TriMet's records. We
will update our DOT card expiration date information so that we can provide you
a reminder in the future before the next expiration. . You must also submit a copy of
your renewed DOT card to your State DMV (i.e., Oregon or Washington, as
applicable), failure to do so will result in the cancelation of your CDL.
If you allow
your DOT medical card to expire, you will be marked off AWOL until you show
that you have obtained a new, valid DOT card. Failure to obtain a new, valid
DOT card within five (5) days after the expiration date will result in
discipline, up to termination. The DOT medical card must be carried
with you at all times to validate your commercial driver's license. Thank you.
Attachment: DOT
Medical Examination Report & letter to your physician regarding sleep
apnea. It is important that you complete and review both of these
attachments with your doctor.
Exhibit
6 – Continued
Maintenance
Departments DOT Expiration Notification to Employee
Commercial Drivers and Sleep Apnea
Dear Examining Physician:
Sleep apnea is a major contributor
to drowsiness-a condition that could prove deadly for drivers of commercial buses
and light rail vehicles.
Studies have shown that
individuals with undiagnosed sleep apnea are at greater risk of being involved
in an accident. Because of this, the
Federal Motor Carrier Safety Administration is encouraging DOT medical
examiners to pay close attention to the issue of operator fatigue and
sleepiness.
Given the safety sensitive nature
of public transportation, it is important for examining physicians to:
n Assess the compliance / effectiveness of CPAP use in
those with diagnosed sleep apnea
n Screen for sleep apnea in those most at risk for the
problem
As you are aware, the risk of
sleep apnea increases with obesity and neck circumference. Some physicians screen for sleep apnea by
measuring neck circumference and examining the Body Mass Index (BMI).
n If an individual has a neck circumference of 17.5
inches and a BMI over 35, there is a strong chance they have sleep apnea. A formal sleep study should be considered,
even in the absence of any symptoms of sleep apnea.
We appreciate your careful
assessment of our employees. Thank you
for considering important issue of sleep apnea and sleepiness in bus / rail
operators as well as other TriMet employees working in safety sensitive positions
requiring a DOT examination.
TriMet Safety Department
Exhibit 6 – Continued
Maintenance Departments DOT Expiration Notification to
Employee
Northwest Occupational
Health Associates Medical
Examination Report
FOR COMMERCIAL DRIVER FITNESS DETERMINATION
1.
|
DRIVER’S INFORMATION
|
|
Driver Completes this section
|
||||||||||
Driver’s Name (Last, First,
Middle)
|
Social Security No.
|
|
Birth Date
MM/DD/YYYY
|
Age
|
Sex
q
M
q
F
|
q
New
certification
q
Recertification
q
Follow up
|
Date of Exam
|
||||||
Address
|
City, State, Zip Code
|
|
Work Tel: ( )
Home Tel: ( )
|
License Class
|
State of Issue
|
||||||||
q
A
q
C
q
Other
|
q
B
q
D
|
||||||||||||
2.
|
HEALTH HISTORY
|
Driver completes this section,
but medical examiner is encouraged to discuss with driver.
|
|||||||||||
Yes No
q q Any illness or
injury in the last 5 years?
q q Head/Brain
injuries, disorders or illnesses
q q Seizures, epilepsy
q Medication
q q Eye disorders or impaired vision (except corrective
lenses)
q q Ear disorders, loss of hearing or balance
q q Heart disease or heart attack ; other cardiovascular
condition
q Medication
q q Heart
surgery (valve replacement/bypass, angioplasty, pacemaker)
q q High
blood pressure
q Medication
q q Muscular
disease
q q Shortness
of breath
|
Yes No
q q Lung disease, emphysema, asthma, chronic
bronchitis
q q Kidney
disease, dialysis
q q Liver disease
q q Digestive problems
q q Diabetes or elevated blood sugar controlled by:
q diet
q pills
q insulin
q q Nervous or psychiatric disorders, e.g. sever
depression
q Medication
q q Loss of,
or altered consciousness
|
Yes No
q q Fainting, dizziness
q q Sleep
disorders, pauses in breathing while asleep, daytime sleepiness, loud snoring
q q Stroke or paralysis
q q Missing or impaired hand, arm, foot, leg, finger or
toe
q q Spinal injury or disease
q q Chronic low back pain
q q Regular, frequent alcohol use
q q Narcotic
habit forming drug use
|
|||||||||||
For
any YES answer, indicate onset date, diagnosis, treating physician’s name and
address, and any current limitation. List all medications (including
over-the-counter medications) used regularly or recently.
|
|||||||||||||
I certify that the above
information is complete and true. I
understand that inaccurate, false or missing information may invalidate the
examination and my Medical Examiner’s Certificate.
Driver’s
signature Date
Medical
Examiner’s Comments on Health History (The
medical examiner must review and discuss with the driver any “YES” answers and
potential hazards of medications, including over-the-counter medications, while
driving.)
Exhibit 6 – Continued
Maintenance Departments DOT Expiration Notification to
Employee
D.O.T. EXAMS
We are pleased to offer TriMet employees work-related
physical exams. We are located just East of Washington Square.
Please call 503-246-7030 for appointments, directions
or questions.
ASK ABOUT GRESHAM CLINIC APPOINTMENTS, IF DESIRED
(LIMITED AVAILABILITY)
|
Exhibit
7
Example from CDL/DOT expiration
reporting tool in TransHR information system; showing employees with 52 or less
days to CDL or DOT expiration; report date 5/14/08; badge numbers and names
omitted
Department
|
Badge
|
Full Name
|
CDL
Expires
|
CDL
Days
Left
|
DOT
Expires
|
DOT Days
Left
|
|
|
|
|
|
|
|
Bus Op: Powell
|
|
|
10/15/2013
|
1980
|
06/10/2008
|
27
|
Bus Op: Powell
|
|
|
11/15/2013
|
2011
|
05/26/2008
|
12
|
Bus Op: Powell
|
|
|
01/05/2014
|
2062
|
06/25/2008
|
42
|
Bus Op: Powell
|
|
|
01/30/2014
|
2087
|
06/14/2008
|
31
|
Bus Op: Powell
|
|
|
06/29/2014
|
2237
|
06/15/2008
|
32
|
Bus Op: Powell
|
|
|
01/04/2015
|
2426
|
06/11/2008
|
28
|
Bus Op: Powell
|
|
|
02/02/2015
|
2455
|
06/03/2008
|
20
|
Bus Op: Powell
|
|
|
04/21/2015
|
2533
|
07/01/2008
|
48
|
Bus Op: Powell
|
|
|
05/11/2015
|
2553
|
06/11/2008
|
28
|
Bus Op: Powell
|
|
|
07/26/2015
|
2629
|
06/15/2008
|
32
|
Bus Op: Powell
|
|
|
08/29/2015
|
2663
|
06/03/2008
|
20
|
Bus Op: Powell
|
|
|
11/29/2015
|
2755
|
05/20/2008
|
6
|
Bus Op: Powell
|
|
|
02/15/2016
|
2833
|
06/12/2008
|
29
|
Bus Op: Powell
|
|
|
03/30/2016
|
2877
|
06/29/2008
|
46
|
Bus Op: Timekeeping Center
|
|
|
06/08/2008
|
25
|
08/25/2008
|
103
|
Bus Op: Timekeeping Center
|
|
|
03/11/2009
|
301
|
06/30/2008
|
47
|
Bus Op: Timekeeping Center
|
|
|
04/18/2009
|
339
|
06/24/2008
|
41
|
Bus Op: Timekeeping Center
|
|
|
06/15/2013
|
1858
|
06/30/2008
|
47
|
Bus Op: Timekeeping Center
|
|
|
11/14/2014
|
2375
|
06/15/2008
|
32
|
Facilities Mgmt: Merlo
|
|
|
01/28/2009
|
259
|
06/16/2008
|
33
|
Facilities Mgmt: Powell
|
|
|
07/02/2008
|
49
|
12/20/2009
|
585
|
Facilities Mgmt: Ruby
|
|
|
10/30/2011
|
1264
|
06/03/2008
|
20
|
Facilities Mgmt: Ruby
|
|
|
03/16/2013
|
1767
|
06/01/2008
|
18
|
Fare Maintenance: Ruby
|
|
|
06/19/2008
|
36
|
06/28/2008
|
45
|
Fare Maintenance: Ruby
|
|
|
10/13/2012
|
1613
|
05/18/2008
|
4
|
Fare Revenue: Fare Maintenance
|
|
|
06/30/2013
|
1873
|
06/23/2008
|
40
|
Field Operations: Rail
Operations
|
|
|
03/11/2009
|
301
|
06/05/2008
|
22
|
Field Operations: Road
Operations
|
|
|
05/22/2008
|
8
|
04/16/2009
|
337
|
Field Operations: Road
Operations
|
|
|
07/01/2008
|
48
|
03/27/2010
|
682
|
Field Operations: Road
Operations
|
|
|
05/29/2009
|
380
|
05/18/2008
|
4
|
Field Operations: Road
Operations
|
|
|
10/27/2013
|
1992
|
06/29/2008
|
46
|
Field Operations: Road
Operations
|
|
|
10/29/2015
|
2724
|
06/30/2008
|
47
|
Light Rail Operators: Elmo
|
|
|
06/07/2008
|
24
|
12/10/2009
|
575
|
Light Rail Operators: Elmo
|
|
|
06/10/2008
|
27
|
04/28/2010
|
714
|
Light Rail Operators: Elmo
|
|
|
07/01/2008
|
48
|
01/16/2010
|
612
|
When I received the conditional job offer from trimet I already possessed my CDL permit and a uptodate DOT Card that was registered with DMV. I went to see trimet's examiner and it requested that he needed to speak with my doctor before he would give his approval. He spoke with her and then I informed him that i was switching doctors and he said he would need to speak with my new doctor first this was back on December 14th, 2018. When i asked why did he need to know who my doctor was and why he needed speak to her he replied " Trimet only allows certain kinds of cancers to affect individual's in order to drive for them. I then explained to him that I was diagnosed with stage 2 breast cancer back in 2017 and it had metastasized to stage 4 and i was no longer receiving the chemo injections and that i was currently only required to take a pill prescription. He said that he would need to physically see all my medical records and know when my next imaging would be performed. In Jan. of 2018 I released the information requested to him and they informed him that the cancer showed no signs of anymore spreading and everything looked good. When i contacted his office again he called me back to say that he was glad to hear the information provided to him by my doctors office but he would still need to speak with my doctor before he would provide his letter of clearance and he would not be able to look at doing that until after Feb. 4th because my doctor was on vacation. In section
ReplyDelete2.2 of the trimet operations and requirements documents it states:
TriMet provides at company expense a medical evaluation service for employees' use (including new hire employees) in order to obtain a DOT card. Employees who opt to use a different provider are responsible for the expense; it is not reimbursed by TriMet or covered under TriMet medical plans. The physical examination is on the employee's personal time. TriMet does not reimburse mileage for the use of an employee's personal car to travel for this examination.
So my question is can anything be done about this because it's really seeming like a stall process to me and by it being due to me having cancer it feels like a form of discrimination.