Almost a year and a half after the FMCSA’s sleep apnea proposal was announced, it has been officially dismantled with a ruling that the current regulations that are in place are the “appropriate avenues” for dealing with Obstructive Sleep Apnea (OSA).
The FMCSA’s Advance Notice of Proposed Rulemaking (ANPRM) regarding OSA was issued in March of 2016 after a study found that about 28% of commercial drivers suffered from mild to severe sleep apnea. The FMCSA announcement claims that OSA “can cause unintended sleep episodes and resulting deficits in attention, concentration, situational awareness, and memory, thus reducing the capacity to safely respond to hazards when performing safety sensitive duties.”
To their credit, the FMCSA decided to issue an ANPRM and gather more information on the subject before launching in to an NPRM and creating a rule right away. The ANPRM requested comments and input from the public on the potential benefits and risks of regulatory action.
In response, the FMCSA received more than 700 comments from individuals, labor groups, medical professionals, industry groups, government agencies like the National Transportation Safety Board, and even three members of Congress.
The notice of withdrawal, published in the Federal Register, was a joint statement from the Federal Motor Carrier Safety Administration and the Federal Railroad Administration. In it, they announce that they believe that “current safety programs and FRA’s rulemaking addressing fatigue risk management are the appropriate avenues to address OSA,” and that a separate rule will not be needed.
This withdrawal leaves the decision of whether a driver should receive sleep apnea screening up to his or her medical examiner and won’t require drivers to undergo mandatory screening based off of other factors. The notice does however urge medical examiners to require sleep apnea testing if they think that “the driver’s respiratory condition is in any way likely to interfere with the driver’s ability to safely control and drive a commercial motor vehicle.”
Just because this rule has been killed before it even really started, doesn’t mean that further restrictions won’t be put in place using existing medical examination rules in the future. For now however, the decision of whether or not a driver needs OSA screening will be left up to medical examiners.
Source: truckinginfo, federalregister, fleetowner, overdrive, ntsb
Well, health isn’t all of it either. If these office folk ever try sleeping in a noisy Truckstop on a mattress similar to the ones found on futons, supported by a sheet of steel, you’d start to snore too. My first few trucks had those defacto camp mattresses, but my last 2 trucks were nicer. My KW T680 had a nice thick SERTA mattress in it, and my sleep quality and breathing got better. Then when I went O/O, I put a Temper Pedic memory foam one in my 2007 Peterbilt 387. And I suffered no sleep issues.
Money grab… Necks should NEVER be measured. 10 %body fat at 5 11 224 lbs. 18.5inches neck. FMCSA getting kickbacks from examiners…duh
I agree. The company I’m with forgot to but the mattress and bought a box spring instead. I just had to purchase toppers for the thing after 3 weeks of groaning.
forgot to buy not but
Good. Now can the FMCSA please send out a memo to all certified providers reminding them there is no such thing as a requirement for testing based on neck size?
AMEN
I totally agree
That neck size deal ,Is a complete SCAM!
AMEN!!!
A hangover can cause awareness issues too, so why don’t we ban drivers from consuming any alcohol?
Nicotine withdrawal can cause trouble sleeping, so why don’t we ban drivers from smoking/vaping?
My dentist says the sleep apnea business is getting way out of hand. My 4 year old granddaughter went to a dentist and he said she should have a sleep study. How rediculous. My dentist just shook his head and made the comment as stated above.
Shhhhhhhh!!!! They’ll hear you and like the idea man!
It’s just a money scam. Whenever someone comes up with something to improve safety, SOMEONE is making money off it. They don’t give a damn about safety, it’s all about the money. 😠
Yes!😡
So true just like elogs u tell me it’s safer for a driver to drive in rush hour traffic than him using his judgement and breaking to allow traffic to ease up really
Yeah, probably members of Congress and their friends who manufacture the CPAP machine
This exactly correct. MONEY SCAMS IN THE NAME OF SAFETY. It’s been going on for years in all industries too. It’s almost impossible to argue with because “everyone wants safety”. I remember this all starting with mandatory seatbelt usage in the 80’s. Everyone that could pilled on after that.
Kinda like the ELD makers are all boohoo that they can’t make them quick enough?
I read an interview with one, where the executive said “I feel bad for these guys(drivers),but….”
But he’s making bank off the rules, thats what.
Make a rule nation wife $.50 a mile by the hub and $10 per hr on duty time and hotel room for the 34…. Trump would love that last one ….. more hotels and 1000s of jobs.
Go to Concentra for DOT Test then you automatically got to have a Sleep Study… Concentra Scammers!!! Do some STUDYING on Drivers Pay… A industry Regulated by the Hour and Paying by the Mile… What about pay for waiting to Load, Unload, Fueling and Checking Fluids, etc…
Yeah!!!!!! I am with you driver!!!!
Man I was just about to say. This Concentra over in here in Waco,TX are in cahoots with the Providence Sleep Clinic. Upon telling you that you have to take a sleep study they(concentra) refers you to Providence Sleep Clinic. If your a CDL driver don’t bother. This place and Providence Sleep clinic are getting kickbacks from each other.They will go out of their way to set you up with a sleep study for sleep apnea. If the circumference of your neck is 16 centimeters or greater they will make you take a sleep study rather you snore or not. Dr Kathyln Wright asked me if I snored and I said absolutely not. She then proceed to measure my neck. which came to 15 centimeters. She then tells me I’m right on the bubble so she going to recommend a sleep study. My own wife told me that I do not snore. I have insurance, and even with insurance I still had to pay 500 dollars out of my pocket because I had not met my deductible. Guess what? The sleep study came back and I did not have Sleep Apnea. So I had to pay 500 dollars for the sleep doctor to tell me what I already knew all along. I’am a Coca Cola driver and every other driver that goes in to Concentra is being told they have to take a sleep study test for Sleep Apnea. Concentra refers you to Providence Sleep Lab. I really believe that these two companies are in cahoots with each other.The Sleep study clinic is so busy and full of cdl drivers(thanks to Concentra) now you have to make an appointment weeks in advance now. That was never the case before this sleep apnea part was added to the DOT physical. These two companies are getting kickbacks from each other, and they both need to be investigated,
I had to go to concentra in little rock Arkansas to do physical for Calark trucking I was told I needed a sleep study they was going to hit me for 450 dollars but I went Thu the . veterans affairs done the test came back negative concentra didn’t want to accept the results so I had to get a lawyer before they finally give me a physical card as I was persuing to sue them. I will never walk in their doors again
Concentrating in Murfreesboro TN just gets you to sign a paper saying you don’t have sleep apnea and your good to go.
Yeah, that company’s doctor walked out of the room saying you are good let me go right up your card and let me think I was done and was happy and relieved. Only to walk back in the room and tell me he had bad news that I had to go. I tried for over a month to get it scheduled. The sleep study place never would call me back. How hard is it to make an appointment? I’m releaved it’s over. Can’t blame the DOT anymore.
C.J. Moore, I totally agree with you. My kids’ dad has been in the business for well over 30 years. He said trucking has gotten way out of hand. “Trucking used to be fun. We all had a blast out on the road. Now, it’s not fun anymore due to all the DOT rules.”
I have hypothyroidism that was neglected and was told that I would be on sleep apnea machine for a big neck what a scam.
That actually makes sense in a way.. Hypothyroidism is a thryroid disorder. “They” say that you have a bigger chance of developing SA the more overweight you are. But to be on a SA machine just cause you have a big neck??? that’s crazy. I’m still trying to figure out what a “big neck” has to do with sleep apnea. What about those who take steroids and work out? They have big necks. Does that mean they will have SA, too?
Its all well and good for overweight drivers who are now literally celebrating, until a trucker kills one of your kids or wife because he didnt want to be tested for sleep apnea.
You much like the rest of society seem to think that Truck Drivers are rich. Many Drivers I know are one or two Paychecks away from bankruptcy. Many do not and can not afford Medical ins. Are you willing to pony up the cash to do your job of making the highways safer? They also proved that Sleep Apnea was a complete waste of time and money to enforce for miniscule results of safety. The majority of driver are smart enough to pull over and nap it off before there is an issue. You wanna make the roads safer? Change the HOS.
ANYONE — be it a truck driver or a driver of a 4-wheeler or Evil Knievel — could kill your family member regardless of weight! Danny, I agree with you. Truck drivers aren’t rich especially those who work for USX. My kids’ dad just quit this past weekend cause he’s not getting the miles nor do they give raises but every 5 yrs, and bringing home less than $600 every week! It’s not worth it to stay gone for so long and not make any money.
The clinic I went to said it was their “company policy” to require screening based on BMI, as well as 70% compliance as they don’t know what D.OT. will require.
This is good but it won’t stop the nsaa and their buddy’s at occupational/immediate care places like US healthworks and Baptist worx from lying to people and saying Dot is requiring sleep apnea testing because of BMI.
FMCSA should have their safety inspector check for sleep apnea, i know some sleep on the job.
There are procedures to open your airway to the lungs. You can also tilt your bed so you torso is higher than your legs. That hose and mask would keep me awake.
I’ve been on that mask and hose for 4 months now and I feel worse than I did before I was on it. They told me I had sleep apnea because of my body-mass. My blood-pressure was good, My neck measure good, my blood-pressure was good, my airway was good just because I’m a big guy they said I had sleep apnea
Let’s just be honest. No one knows what your previous occupation was prior to becoming a truck driver. I say this because I have spent 20 years plus working in the healthcare profession. My duty was to work night shift sometime 8 hours sometimes 12 sometime 16. I learned that you sleep and you try to take a nap at work for your 30 minutes maybe 45 if staff is okay with you being gone that long from the floor. So over the course of working in different areas I have learned to cope with not sleeping especially the jobs are have been on call. I worked at open heart surgery for 3 years never realizing that I spent some days working 20 hours before I got a chance to see my bed. And I understand about the quality of the mattress period even at home if your mattress is not a quality for you to relax and enjoy a peaceful sleep and that’s including your pillows to you find it very difficult and you have a Restless sleep pattern. I enjoy my bed don’t get me wrong but I also enjoy my job. If they knew how much that we drive erratic hours they will understand how can you get restful sleep when you may work 3 days on day shift and then one day or one night shift at which enters your sleep off for the next couple of days. I never been a night sleeper. I love my bed early mornings and getting up around 9 or 10 and I’m able to function just fine. So if you’re going to pass this law or not it should not be based on physical traits but how a person really do sleep when at home and at work. I’m glad they not passing that stupid rule. It’s bad enough I’m a light sleeper because I have to watch my load and make sure nobody’s breaking in my trailer. Which is a requirement of the job to secure your load at all time and being aware of where your parking at. I hope you guys are getting plenty of rest be safe out on the road and may God bless those who provide for others. Tone dog
And what about us that drive on the city? At home every night in our own beds. Also why don’t cops have to go through this? I’ve seen a lot of them severely obese and they have to drive continuously?
It’s a trade off for the e-log mandate.To them your still an annoying drowsy chunk of meat BUT the e-log will ensure you are well rested. Right on the money for greed, safety, and pay issues. C’Mon President Trump, drain away !
This issue has absolutely zero to do with safety. Its all about financial. What about those of us that were found to have been diagnosed with osa? We have been downgraded to a one year med card, do we get to go back to a 2 year? The Dr. Has no reason to change us back as now they get paid every year for the same physical exam as s 2 year.
I noticed the ATA and Teamsters both came out against this within 30 minutes of it’s announcement- that right there should tell everyone who is behind this.
It’s all a SCAM based on 1951 U.S. Army BMI used at a MEPS station. BMI aka Body Mass Index on average back at that time I believe was 5’9″ 175lbs for the “average” American male. People were smaller simply put. So its ABSOLUTE BOGUS to use a random as well as outdated standard completely irrelevant to screen individuals 60 years later for a completely hypothesized theory that a big neck size automatically equals fat, unhealthy, out of shape, with blocked airways in a rest position. Ummmmmm, bodybuilders anyone? And ok…how about a 5 foot tall individual that weighs 250lbs that DOES NOT have a 18″ neck circumference? Obviously a fat, unhealthy, little dwarf unless that was all muscle. Then take a 6’4″ 250lb man that has a 19″ neck circum…do these sound like unhealthy stats to you? An NFL wide receiver or tight ends build? Sleep Apnea is NOT an exact science, it is TOO AMBIGUOUS IN ITS APPLICATION, and it is a giant RIP-OFF to suck up to 16k outta YOU or YOUR INSURERS pocket if not BOTH for a ‘sleep study’….to watch you sleep lmao!!!!! Then, it only gets better….oh yeah, the machine, the CPAP machine, it wont correct what amounts to sleeping POSITION ISSUES to correct irregular nighttime breathing…no no no no…it just forces air into you and you essentially just wind up mimicking Darth Vader. ITS ALL A SCAM!!!!!!!!!!!!!!!!!!!!!
I agree with most of the comments above. The one that really gets my attention for the moment is the comment about not being paid for service rendered. The time a driver spends waiting on shippers/receivers, pre/post inspections, breakdowns, filling out forms, logs, paperwork etc.. Why isn’t anyone (OOIDA for example) doing anything to correct this legally unlawful practice. No, nobody is required to pay the driver anything, unless contractually obligated. This is quite a handy selling tool/incentive for the carrier and the shippers/receivers. It is abused by a large percentage of carriers, shippers/receivers. Fair compensation is also a SAFETY issue. Anyone who is concerned about SAFETY should understand why a diver should be compensated. Doctors, Lawyers and the like (especially lawyers) will try to charge you for every moment they can. Are they trying to tell us that their time is the only time with value. This obuse of the drivers time isn’t done out of stupidity or ignorance. It is called exploitation. The carriers and the shippers/receivers are putting money in their pockets for every hour a driver is being exploited of their time. I’ve personally been told by carriers, salesman and the shippers/receivers that their profits would be considerably diminished if they had to pay me fairly for my time. Salesmen telling me that “we can’t nickel and dime the customer over minor issues like this”, even though I lost 20 hours of my life. It’s simply abuse and exploitation. And you guys that want to tell me that if I don’t like it I shouldn’t be a truck driver. Go get a brain. I’ve been driving trucks since 1965.
Sleep apnea is a fraud science. It only profits doctors,clinics and manufactures of CPAP machine. Everyone snores, nobody ever died from it. The idiotic CPAP machine wakes me up more times every night than snoring ever has. I am more fatigued now than before I started using it. I tossed mine out two months ago. “F” it, I refuse to get another.
Umm, people die all the time from apnea. The machine, when used properly, enhances the quality of sleep by enormous amounts. I’ve had apnea now for nearly 10 years. If I can’t use my machine when I’m asleep, I wake up fatigued and with a sore throat from snoring.
I’m still laughing at your ignorant comment suggesting that people can’t die from it. That’s just stupid.
Now we need to ban the outdated HOS and have a “common sense for all approach” to driver rest breaks:
If you are sleepy, pull over and take a nap.
I know two people that are barely 100 lb with sleep apnea there are skinny as a post in fact if they turn sideways and stick their tongue out they almost resemble a zipper
First lemme say, this is the first reasonable thing I’ve heard outta FMCSA in as long as I can remember. Second, you guys that are crying about not getting paid right are the problem. If your getting screwed by your employer, f#%ing leave em. Do your research and find a better job. It won’t be with the super massive fleets I guarantee! I work 50 hrs a week, get paid hourly with overtime, home every night and off weekends and holidays. I don’t make the same bank I did OTR, but I’m not spending 80% of it at Peelot. If people will continue to work for the mega companies for what they are paying now, why would they change???
Can’t tell much by putting someone in a roam with a bunch of wires on him.then to keep coming in the room waking him up to put the wires back on every hour.then 6 hours later tell them they can go home.uncomfortable bed light shining thru door.don’t take much to keep someone awake
I’m SOOOO FREAKIN tired of these over bearing regulations that are meant to put you out of work (or pay up)…..
so i got diagnosed and was forced to use this machine. I haven’t started yet I’ve had it a week. Do I still have to go thru with it and wear it??? anybody know??
Your guess is as good as anybodys… Way too many unanswered questions. What if you have already been on it, Can you legally stop using it? Do we automaticly go back to a 2 year card?
My first introduction to the sleep apnea study requirement was when applying to Averitt Transportation. I’m a big boy and I don’t snore nor did I have any actual behavioral indicators, only neck size, hypertension (treated for over 10 year) and BMI. I shared a room with a skinny little guy, snored like a freight train and clearly had breathing issues during sleep. He was ignored, I was flagged. The Averitt ‘company doctor’? Ran the local sleep study clinic which billed drivers $2500 for their testing. Needless to say I walked away from the Averitt cult. I also left a doctor who had done my physicals for several years when he argued with me it was MANDATORY for him to flag me for a sleep study based on the physical factors alone.
I can only HOPE this ruling stays, and doctors quit with the ‘cover my ass’ bogus reporting not based on empirical evidence or self reporting.
I have been on this stupid machine since August 2017.I do not get the rest that I use to.You can’t sleep during these studies I am still pissed about having to use the cpap. It’s just another way for the medical community to make money.
In Ohio, you can’t have your own doctor write your med card anymore. They made it state certified and PCP’s don’t bother getting it. so you only have a few choices and they all still get you with the Apnea scam. its been over a year now and they still are doing it.