If there's a state or jac panel decision on "fatigued" being exempted I'd like to know it if it covers Ohio or the Central Region.
A State or JAC panel would never make a "blanket" ruling like that.
It would be " based on the facts in this instant case....".
Our doctor said he can get the work load reduced to an 8 hr day. Approval would have to be within the federal guidelines now wouldn't they?
Your doctor is delusional. That would be an ADA type situation and there is no chance
that would fly. Maybe back in the 90's when the ADA was implemented.... not now.
There was at least one OSHA case where a driver said he wasn't well enough to drive, got a Drs note to that effect, and when the company disciplined him for taking off work they got fined.
Is that parallel?
Never heard of that one.
The only risk you run, is the company could require a "fitness for duty" evaluation.
It's kind of a dealers choice situation.
Maybe get approved for FMLA or go the route of fatigue, and make the company prove
a case against you. Because then again.... At least in the Central Region....
What is the mutually accepted standard on attendance ?
Hint: there is none.
-Bug-