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Lost job because of Severe OSA

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tracohn +0 points · 22 days ago Original Poster

Hello everyone. I have some questions and a story to tell. First off I am a truck driver for a major LTL carrier. I live and work in Ohio. I’ve been with the company for 19 years and a driver for 15. Well, almost 3 years ago I started feeling different. Had hard time concentrating and just started missing little things. I ended up getting 4 preventable incidents in a 5 month period. We are allowed to have 5 within a 3 YEAR period. I switched to a stable route but still was having major problems. Almost passed out at the wheel a couple of times. I went to DR and had tests galore done and was finally diagnosed with Severe Obstructive Sleep Apena in May of last year. Began wearing my CPAP and everything changed. I felt awake and ready to face the day. Unfortunately.... I made a foolish mistake last month which triggered the 5 in 3 Year rule and was disqualified from driving for our company. They haven’t fired me but I’m not sure they will have a spot for me. I appealed the decision explaining that my diagnosis was made after the first 4 and am now being treated for it. The appeal was denied and now I have to wait to see if I have a job. My questions to everyone is have any of you dealt with situations like this ? Do I have any recourse against them under the ADA ? I had been a safe and very good driver until that 5 month period. Things happen as a city driver and we all have had our bumps and bruises. Even my manager has said he thinks this is all wrong but safety won’t work with him. This has been a month of living hell and I hope I can find the answers I’m looking for

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Sierra +0 points · 21 days ago Sleep Innovater

Sorry to hear about your situation, but it is good that you are now getting CPAP treatment. I am from Canada and not familiar with the driving rules in the US. Is there any possibility of having your sleep doctor write a letter detailing what the condition is, and that you are being effectively treated. The ResMed and DreamStation machines have the ability to transmit your compliance data (AHI and hours used) to your doctor. Perhaps you could ask that your doctor or sleep clinic monitors your compliance and make that part of the letter to support that you are under treatment and are in compliance.

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tracohn +0 points · 21 days ago Original Poster

I turned in the doctors diagnosis paperwork during the appeal. I was not disqualified because of the OSA. Was demoted because of incidents which could have been caused because of the OSA. Everyone, including my manager, thinks this is wrong and I should have never been disqualified. I have been given a position on the dock for now but it has to be approved to keep me there. I was wondering if I have any recourse against them if it is not approved and I am let go. They seem to have not given any consideration to having OSA. We have had other drivers do much worse and blame it on medical conditions and were exonerated from all fault

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tracohn +0 points · 21 days ago Original Poster

Also... to add more. I gave them NO other reason to disqualify me. Perfect attendance and one of , if not the best driver we have. All of the incidents were minor and I have never been a problem employee

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Biguglygremlin +0 points · 20 days ago Sleep Commentator

Do Ohio truckdrivers have an association or union of some kind?

Does the government have an unfair dissmissals department or something similar?

Do you have an ombudsman or other representative?

Most of those recourses are toothless but sometimes the threat of extra paperwork is enough to make a difference or at least buy you some time.

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