Legal Question in Employment Law in Texas

I am a truck driver for a large company in Dallas, Texas and I think I am being denied the right to work. For the pass two months I haven't work because a doctor in a small clinic desided doing my DOT physical for my medical certification card that I needed to be tested for sleep apnea. I drive within the city limits everyday, and according to the State of Texas Department of Public Safety guidelines I have the right to do my job driving. The artical states in Drive Qualification File (391.51) the Texas Medical Examination say that Texas drivers who are not transporting placardable amounts of hazardous material and were regularly employed in Texas as commerical vehicle drivers prior to August 28, 1989 are not required to meet the medical standards set out in the federal regulations. Drivers born 08-28-1971 must meet all medical standards. I have been driving since 1978 and this law sould apply to me. Because of this situation I don't have any income coming in causing me to get behind on my bills. Is there anything I can do about this

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Asked on 2/28/10, 6:33 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

In my opinion, you have no legal remedy..no lawsuit against anyone will help..but why can't you be tested for sleep apnea?.....and talk to your company supervisors..perhaps that will help

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Answered on 3/05/10, 6:42 am


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