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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 17141
Experience:  B.A.; M.B.A.; J.D.
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I drive living. On December fifth I had my physical

Customer Question

I drive for a living. On December fifth I had my physical for c dot. I went to Concentra.I explained that I am under a physicians care for apnea. I had showed the Concentra doctor my oral appliance custom made by my physician. Ihad passed my physical with one stipulation. That stipulation was having a sleep study done. On March twenty fifth I went back to Concentra. I had passed my sleep study. I also had a doctors release form, with confidence that I was capable of going back to work. Concentra denied my physical. I also went to my work, Access a Ride, to explain that I had failed. So I went to another company that works with c dot physicals and CDLs. I need just a CDL. But wanted a company that had competence and various other knowledges of physicals for drivers. I wanted a professional company. I went to point labs. And with their physician I had passed my test. So I went back to Concentra and showed that I had passed my c dot test. Unfortunately Concentra is not willing to work with an oral airway pressure device. They can't regulate my usage time. I explained that they could through my physician. If I do not use my device it will not fit my mouth. The point is responsibility. Concentra last summer had passed my physical regardless that I was having apnea moments. Why?? Because I had met the criteria of c pap usage and time . That is a lack of responsibility to pass a driver who is being honest and admitting sleepiness at the wheel. This of course is when I found out I had c pap intolerance. Being responsible I searched my options and found this this physician with his appliance
On the sleep study the results were remarkable. I no longer am having systems of driving under the influence of drowsiness. I need to know the responsibility of access a ride. I had gave them the papers showing my passed c dot physicals, doctors release, and the sleep study. No one has talked to me since upon I going to work and handing these papers. I feel that access a ride is just waiting to quit driving for them. I am in a limbo. And what is exactly access a ride s responsibility?? Access a ride pushes drivers to the limit, by working many drivers to elven and a half hours a day. That puts drivers in rush hour at least twice a day. And on my schedule I worked sometimes from 0800 to 1930. And then the next day I needed to start another eleven hour day at 0630. That was not enough down time. And access a ride does this to drivers that havesleep apnea?? The scheduling is extremly grueling and dangerous. Even wi thout apnea. What is access a rid es responsibility with that?? I want to work in a safe environment. I also just want to get back to work. I have been off since March fifth. Do I have any rights in the matter?? Thank you for your time and consideration in reading my letter. As I hope that I have appropriately explained some of the questions I need answered. Juli Sanidad. If you have any questions call me at(###) ###-####
Submitted: 5 months ago.
Category: Employment Law
Expert:  Phillips Esq. replied 5 months ago.
You need to file complaint against "Access a Ride" with Federal Motor Carrier Safety Administration ("FMCSA"). The time the drivers are required to be on the road by Access a Ride violates the FMCSA rules. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.

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