Can a company require you to prove 90 days of CPAP usage even if you only need 20 days to get your CDL?
Question Details: For my job, I needed 20 days of CPAP usage to get a CDL to drive a 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?
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.
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.