Deaf/Hard of Hearing ping list
with interests in health and society
Posted on 10/18/2006 8:03:28 AM PDT by Graybeard58
United Parcel Service Inc. employs hundreds of hearing-impaired people who may hold any job other than delivery-truck driver. The rule is based on the company's justifiable concerns about public safety (and predatory trial lawyers). But in ruling the policy discriminatory under the Americans With Disabilities Act (ADA), the 9th U.S. Circuit Court of Appeals has created a situation in which UPS and other companies may be sued no matter what they do.
The "9th Circus" ruled against UPS essentially because it failed to prove a negative. The company might have won had it put deaf people in the driver's seat and then paid out millions in claims to people injured when deaf UPS drivers failed to respond to the sound of horns, traffic or screeching tires. The decision ignores other issues, such as who will be liable for the pain and suffering of deaf delivery people would are mauled because they didn't hear the barks and growls of the vicious dog trained to protect his owner's property.
The case was remanded to a lower court, whose remedies may include forcing UPS to give hearing-impaired employees priority for promotions into driving jobs -- in effect discriminating against workers who hear perfectly well. The company has vowed to appeal.
The hearing-impaired are issued driver's licenses, and many have exemplary driving records. Like everyone else, those who cause accidents because of their disability are liable for the damage and injuries they cause. But to compel a company, under the threat of multimillion-dollar ADA lawsuits, to take on the considerable liability that comes with putting the hearing-impaired behind the wheel of multi-ton commercial vehicles stretches the ADA's reasonable-accommodation provision beyond the breaking point.
Unbelievable. Oh, never mind, it's the clowns in the 9th Circus.
What is next? Blind airline pilots?
I was taking a required health care workers AIDS course and the makers of the the video claimed that people who have contracted HIV are covered under the ADA act. What an abuse of the intended purpose of this law.
If we want to solve these ADA absurdity.
Eliminate the lawyer fees for ADA cases. ADA cases ALREADY provide that the plaintiff MAY NOT COLLECT MONEY for the claim.
Thus we eliminate the ADA lawyer mills which have popped up in many law firms. ADA cases are a cash cow for law firms and lawyers. Some smaller sole practitioners have made it their sole area of practice.
Better yet: just repeal the law.
A deaf person cannot qualify for a commercial drivers license... What is the 9th circus thinking?
Neidermeyer
Of course they can.
Wallcrawlr: for your ping list.
Deaf/Hard of Hearing ping list
with interests in health and society
§391.41 PHYSICAL QUALIFICATIONS FOR DRIVERS
(11) First perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid, or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5-1951.
The homeowner will be liable for failing to post a conspicuous sign warning invited guests that a vicious dog roams the premises. UPS' liability is limited to a scheduled payout under its workers compensation insurance policy, which is probably no greater than if a driver injures himself lifting a heavy box.
That's in CA. In other states, they can get one.
Heck, next time socialized medicine comes up, let's just make it contingent upon socializing lawyers first. That will prevent it from ever passing!
2nd Amendment Mama is correct - Commercial Driver's Licenses are a matter of interstate commerce, and thus governed by Federal Law. Specifically the CFR which implements the law states:
391.41(b)(11)
A person is physically qualified to drive a commercial vehicle if that person:
First perceives a forced whispered voice in the better ear at not less than five feet with or without the use of a hearing aid.
or
If tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to the American National Standard, [formerly American Standard Association (ASA)] Z24.5-1951.
Since the prescribed standard under the FMCSRs is the American National Standards Institute (ANSI), it may be necessary to convert the audiometric results from the International Standards Organization (ISO) standard to the ANSI standard. Instructions are included on the Medical Examination Report form.
If an individual meets the criteria by using a hearing aid, the driver must wear that hearing aid and have it in operation at all times while driving. Also, the driver must be in possession of a spare power source for the hearing aid.
For the whispered voice test, the individual should be stationed at least 5 feet from the examiner with the ear being tested turned toward the examiner. The other ear is covered. Using the breath which remains after a normal expiration, the examiner whispers words or random numbers such as 66, 18, 23, etc. The examiner should not use only sibilants (s-sounding test materials). If the individual fails the whispered voice test, the audiometric test should be administered.
If an individual meets the criteria by the use of a hearing aid, the following statement must appear on the Medical Examiner's Certificate "Qualified only when wearing a hearing aid."
See Hearing Disorders and Commercial Motor Vehicle Drivers at: http://www.fmcsa.dot.gov/rulesregs/medreports.htm
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Until ADA kicks in, and it will, and the law will be changed. I was under the impression that a deaf person could get a CDL. And I would support that.
Well, I would not support it. Have you ever driven an 18-wheeler? I have and you must have all your senses at alert to be safe!
Nope, I dont drive 18 wheelers. But I have seen enough drivers on their cell phones to know that hearing doesn't matter when it comes to driving.
Being deaf would make driving an 18 wheeler difficult if not absolutely impossible. Operating the truck itself {talking about 18 wheelers} requires hearing to shift gears. If you can't hear the engine you can tear the living daylights out of some very expensive equipment.
A UPS delivery van is not an 18 wheeler and someone who is deaf could likely operate it in a safe manner. There is a vast difference between the two. I think delivery van trannys are sync'd. I drove an 18 wheeler and I'm single eye functional. I passed the DOT physical too. Left eye checked, then right eye checked, and I passed. I can't use both eyes at once though. I drove OTR and had a good record.
But I have hearing and sensory issues now would make me a menace. I could still drive one but I have no business doing so. Being a UPS local delivery driver would be the same as being a local courier. There's no reason unless a person has other sensory issues then they likely couldn't do it.
A doctor though in most states has the power to have even you automobile license pulled on medical causes.
Hey I do want to tell you a good one and I saw it with my own two eyes. A local backhoe operator is an amputee his right arm IIRC. I watched him pull up in his dump truck, unload the backhoe, and dig the ditch then reload and drive off. It was a large dump truck. I listened as he pulled off and he didn't miss a gear. He proved he had the abilities to do the job.
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