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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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A Dot physical exam is now required and linked to a Commercial

Customer Question

A Dot physical exam is now required and linked to a Commercial Motor Vehicle license. I have been taking dilatin for 35 years and have had a CDL for 30 years. The medical examiner will not issue me a DOT medical card as Dilatin is on the list of disqualifying meds. This now makes my license invalid and me unable to work. My employer is giving me an opportunity to resolve the issue, but will have to eventually replace me. Do I have any recourse with the DOT rules taking my livelihood away?
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Submitted: 6 months ago.
Category: Employment Law
Expert:  Roger replied 6 months ago.
Hi - my name is ***** ***** I'll be glad to assist. I'm sorry for your trouble with this and the possibility of facing a critical situation in regard to your employment. But, you likely don't have the right to sue the DOT for instituting these rules, but you could approach the DOT about adding the drug to the approved list of medications. But, the DOT has a right to make its rules, and you can't sue if the rules aren't necessarily favorable to you. An easier route could be to consult your doctor to determine if there is a drug on the approved list that you can take instead of dilation. Another option could be to ask the DOT for a variance in your case since you've held a license and used the drug for 30 years. But, such a variance would be up to the DOT.

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