The Office of Inspector General (OIG) is an independent watchdog within the Department of Transportation (DOT) that is tasked with the job of reviewing the work done by the various agencies and departments within the DOT to root out fraud, waste, and abuse. The OIG has the power to institute criminal proceedings when warranted.
OIG Concerned With Fraud in Commercial Truck Driver Medical Certifications
The Department of Transportation’s Inspector General announced late last month that it is checking into the records and procedures of the Federal Motor Carrier Safety Administration (FMCSA). Seems there are questions about whether or not FMCSA is doing enough to make sure that commercial truck drivers are driving our roads with the proper medical certificate (as required by law).
One reason for the Inspector General’s concern: the number of criminal investigations involving fraud, where truckers were driving without proper medical certifications.
In the past four and a half years, the OIG has issued 8 indictments and obtained 6 convictions for criminal fraud in the medical certification of commercial truckers. In its announcement, the OIG gave one example of a single indictment which involved over 600 individual truckers’ medical certifications.
Growing Number of Fatal Commercial Truck and Bus Crashes
Looking into the FMCSA reports, the OIG compared the number of fraud investigations it has instituted regarding commercial driver medical certificates with FMCSA’s report of an 11% jump in the number of fatal accidents involving commercial trucks and buses in the past five years.
How much is the increase in fatal semi-truck crashes due to commercial drivers’ ill health which has been covered up in flawed or fraudulent medical certifications?
Truckers must be alert and vigilant behind the wheel of their semi-truck, big rig, 18-wheeler, or tractor-trailer truck. The importance of the commercial truck driver’s physical health while on the job cannot be understated.
After all, the weight of these trucks alone makes them difficult to maneuver, especially when hauling heavy cargo. Truckers have a hard job to perform in simply handling these machines on the road.
Added to this challenge are the needs of the truck driver to be responsive to changing weather conditions, road hazards, mechanical and technical difficulties with the rig (including brake failure or worn tires), as well as maneuvering through traffic where other drivers often ignore or are ignorant of the special concerns facing commercial truckers on the road.
Medical Certifications for Semi-Truck Drivers
Medical standards have been established for commercial truck drivers to insure that the trucker is healthy and fit for this challenging line of work.
Federal Requirements: Medical Examiner Certificate on File
The FMCSA mandates that anyone with a commercial driver’s license (CDL) must submit a current medical examiner’s certificate to the state driver licensing agency that issued the CDL. The trucker has to have a physical exam that meets the DOT requirements every two years.
For the past four years, copies of the truck driver’s medical certificates have been uploaded into a FMCSA database. FMCSA also maintains a list of all health care professionals who are authorized to issue medical examiner certificates for commercial drivers in its National Registry of Certified Medical Examiners.
Commercial Truck Driver Health Requirements
Commercial truckers must confirm they do not suffer from certain health conditions in order to be able to drive their rigs under federal law. 49 CFR 391.41. These are outlined in FMCSA’s Medical Examination Report For Commercial Driver Fitness Determination.
Included within these conditions and requirements are the following:
- Vision of 20/40 acuity (Snellen) or better in each eye. This can be with or without correction (eye glasses or contact lenses).
- Peripheral vision of at least 70 degrees in each eye. Again, this can be with corrective lenses if necessary.
- Hearing with either (a) first perceive forced whispered voice > 5 feet, with or without hearing aid, or (b) average hearing loss in better ear < 40 dB
- Blood pressure must not be diagnosed at a level that may hinder the ability to drive and operate a commercial vehicle.
- Diabetes that requires insulin injections disqualifies the individual unless an exemption applies.
For more on diabetes and commercial truck drivers, read: Truck Drivers with Diabetes Free to Drive Commercial Interstate Under New FMCSA Rule.
Fatal Crashes Caused by Failing Health of Truck Driver
Today, commercial truck drivers must confirm their ability to operate their rig on the road with confirmation by a doctor who performs certain medical tests as required by federal law.
However, the red flag being waived by the OIG is the presumption that medical certification is protecting both the trucker and those who share the roads with commercial trucks may be wrong.
If there is a serious or fatal truck crash, it is imperative to investigate the possibility that the physical health of the truck driver contributed to the accident. Certification cannot be a shield here. All too often, there may be a truck driver on the roads of Indiana or Illinois who has an unreported or unaddressed health issue or medical problem that endangers both the trucker and those on the roadway with him or her.
The OIG Audit only increases the need to investigate the physical health of any commercial truck driver in the aftermath of a severe or fatal truck crash.
For more, read: Truck Driver Health and Fatal Semi-Truck Crashes in Indiana and Illinois.
Fatal truck accidents are a serious concern in our part of the country, where so many commercial trucks drive through our “Crossroads of America.” Please be careful out there!
