Can a company require you to prove 90 days of CPAP usage even if you only need 20 days to get your CDL?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a company require you to prove 90 days of CPAP usage even if you only need 20 days to get your CDL?

I work for Schwan’s Home Services and needed 20 days of CPAP usage to get a CDL
to drive truck, I was suspended until I got it. Now, after I have my CDL
License, the company is requesting I show 90 days of CPAP usage of 4 hrs or more
a night. I feel that this is being intrusive, because I have difficulty with the
CPAP machine and don’t use it but still get sleep. The company does not require
anyone else to tell them how long they sleep at night. Also, if someone is
taking medicine for diabetes or heart, proof that they are taking their pills. I
was told I would be suspended again if I could not prove 70 usage for 90 days.
Is this legal?

Asked on June 5, 2019 under Employment Labor Law, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Unless this action violates the terms of an employment contract or union agreement, it is legal. The fact is that most work relationships are "at will". This means that a business can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Therefore, your employer can require that you continue to use a CPAP or demonstrate that you no longer need it since having a worker who is sleep deprived puts the company at risk. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, it is legal, because it is reasonable: having a sleep deprived employee driving for the company puts the company at considerable liability (i.e. getting sued) risk, so the company is allowed to have you demonstrate longer and more consistent usage that then law requires, in order to prove that you don't pose a heightened liabilty risk. The employer does not need to accept a higher risk of being sued.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption