Despite the FMCSA announcement late this summer that they would be abandoning the proposed sleep apnea rule, bills have been introduced in both the House and Senate that would require the FMCSA to start the rulemaking process back up again.
Around a year and a half ago, the FMCSA issued an Advance Notice of Proposed Rulemanking (ANPRM) regarding Obstructive Sleep Apnea (OSA). The rule was prompted by a study which found that as many as 28% of commercial drivers suffer from some form of sleep apnea.
During the public comment period on the ANPRM, the FMCSA received over 700 comments, many of which claimed a rule was unnecessary since OSA already falls under a driver’s standard medical exam. But according to others, there is too much confusion about when and how to test drivers for OSA, and what the standard protocol should be.
Currently, it is up to medical examiners to make decisions based off any one of a series of tests whether or not a driver should be submitted for screening. This policy has reportedly caused some doctors, testing facilities, and device manufacturers to take advantage of drivers by taking and paying kickbacks – though no formal data on this has been made available.
Some members of Congress pushing for sleep apnea regulation are hoping that by implementing a rule, the FMCSA would be able to ensure that drivers are subject to standardized tests and effective treatments. Others see increased sleep apnea testing as a necessary safety precaution.
“Whether on the roads or the rails, the safety of the traveling public must be our highest transportation priority,” said Sen. Bob Menendez, according to Heavy Duty Trucking. “I’m disappointed that the administration chose to put the traveling public at risk by ignoring the threat sleep apnea poses. This legislation would address that failure and implement this commonsense public safety policy to protect riders, save lives, and make our rails and roadways safer.”
Source: truckinginfo, overdrive, truckersreport
Here we go again…
So in short the decision as wheather or not a Driver has Sleep Apnea… The diagnosis will be determined by a doctor?
I think it should be a decision left up to the Driver… Depending on how severe the Sleep Apnea is… If it’s to extreme, leave it up to the doctor… If it’s not that serious… It should optional…
These idiots claim safety yet refuse to address 70-80 % of the problem on the road and its the very same driving public they claim to want to protect.
EXACTLY !!!!!!!!
Put all trucks off the road for three days and the accident rate will not change only thing missing will be the trucks. Trains have an alarm box that flashes a light every ten minutes or so if the operator doesn’t press the two buttons at the same time an alarm sounds and the train dethrottles at least in freight trains
Isn’t Sen. Menendez on trial for taking bribes?
has congress come up with a law yet that prevents themselves from having sex with young boys yet???? and having wild drug crazed orgies…. OH of course not…we have to stop THE BIG BAD KILLING MACHINE CALLED THE TRUCKER!!!
and i’m pretty sure this comment will be HELD FOR MODIFICATION…in other words will never see the light of day…
I am one of the many people in transportation that was taken advantage of by a doctor and finders fees or kickbacks or whatever you want to call them have destroyed my life my career my finances with nothing I can do about it . It is about time that someone noticed this failure of government power and reimburse those that have been taking advantage of and civil lawsuits given to those that took advantage of it innocent people that were caught up in the controversy . If there is ever a civil lawsuit against people I definitely want to be notified thank you
The latest fashionable witch hunt. They can’t prove apnea ever caused one single wreck EVER….total bs
I have a CPAP machine. I got it while driving for a larger truck trucking company. Of course they do the physical and they have the sleep apnea doctor and they all work together and you get your physical card no big deal. Then go to work for a smaller company and get your own physical that’s where the problem arises now you got to go to some sleep apnea doctor to get him to sign off it’s nothing but a scam. How to fleece you out of more money. There’s a card in there this has whether you use it or not any doctor or anybody that does the physical should be able to see that you use the machine and get you your card. Is a lot of guys like me I have lived in Oklahoma Delaware and North Carolina in the last 3 years. I will not give up my CDL I’ve had it an awfully long time I currently don’t drive for a living. But dear God Hazmat TWIC card physical you pay over and over for things sometimes twice for the same service the whole problem is 11 and 14 hours. That leads to more fatigue than wearing a c-pac any day of the week. Pushing drivers to the Limit in scheduling appointments that aren’t kept Buy the consignee or the shipper is the big problem waiting sometimes 6 to 7 hours or longer to get loaded or unloaded without getting paid most of the time the whole Trucking industry has to be assertive and get paid for your truck to sit in somebody’s lot because they overbooked the receiving time or their pickup time as long as there’s no Laws regulating the shipper or the consignee we’re going to have problems what the hell they govern everything else big brothers nothing more than a big hemorrhoid!
sorry to hog the comments, but you hit on THE basis for all this ‘lawmaking’, which is that the HOS is wrong from the get go. That AG in Washington state made the headlines just last week, when he put the kabosh to a detention center that paid the guys $1 an hour.
Let’s write him, or any other of the AGs we can find that are willing to stand up for what is right. Show them how we are shut out of the FLSA, by edict, and while every other American worker has to be paid for all their on duty time, we have to ‘donate’ ours. congress will not be moved, I have tried writing my senator and rep. But these AGs can kick butt. What do you think? It certainly seems a more promising avenue to pursue than writing to one another here or marching down somebodies parade route.
I hope they dont make a new rule
” truckers with Emorrhoid cant drive more than 10 hours” lol
the govment changes its mind more often than a blonde changes boyfriends.
for the last couple of decades, congress has only served special interests.
Better to try a different avenue such as the AG with class action, making independent studies of Sleep Apnea.
The cards are loaded just like CARB and EPA working with vendors to sell everyone a new truck, when the older fleets were doing the job. Carb/EPA
admitted this a couple of years ago in Fleet Owners mag…
absolutlely no shame from vendors selling their wares!
what is wrong withe censors here.. every comment awaits moderation!
Public schooling ?
“Whether on the roads or the rails, the safety of the traveling public must be our highest transportation priority,” said Sen. Bob Menendez” Okay, Sen. Menendez. Let’s get EVERYONE who drives on America’s highways tested for this condition – INCLUDING members of Congress. What’s good for the (golden) goose is good for the gander. transportation workers have been shoved into this or that controlled group for too long. It’s long past time the same restrictions (hours driving, speed, weight, “safety” inspections) were foisted on the rest of the motorists. Passing a physical in order to get a license would be a good place to start.
Well if Congress wants all driver’s to be tested then let’s see that ALL driver’s are tested ever time there license is renewed,or once every four years, weather they have a operators license or a CDL license everyone who has a license to drive a vehicle.
So the corporate lobbyists have spread the CPAP manufacturing money around to the greedy little politicians who need to fill their coffers at the expense of the truck driver. Remember they will only do what we allow them to do so reach out to your congressional representatives and tell them how you feel about it and VOTE !!!
Well, this is a “do nothing Congress” so, nothing to worry about fellas!
is it ok? not to tell your DOT examiner that you wear a CPAP machine?
This kind of crap is what is making the roads more dangerous than they have ever been.Simple , keep harassing drivers and they will find another way to make a living.