FMCSA says 1 in 3 drivers may have Sleep Apnea

With all due respect, there is no FMCSA guidance when it comes to OSA. There was along with things like neck size etc until Congress made them stop. I have looked at the ME handbook several times. All it says is go over yes replies to any health questions when it comes to breathing. There is NO section anywhere that justifies these "fishing expeditions" when it comes to sleep studies. What is basically happening is some MEs are simply crooks that have financial interests in sleep labs and they use these phantom guidelines and standards to tell a driver you are guilty of having OSA until you can prove otherwise. This is pure BULL (redacted) and is right now illegal! Your advice to find another ME is sound! That is what I tell drivers all the time. Just don't doctor shop. Make dang sure you tell the 2nd ME about the first one. In my last several physicals I had the ME to look at my throat. I hear most of the better ones today look at the throat and put that blood oxygen meter on your finger. If all is good they will give you a card.

 

it is a true story. he didn't call them. a year latter they closed their doors. i didn't hear why

 

It would be nice if you could voluntarily get a sleep study and a CPAP machine for a relatively low cost without the threat to your CDL if it's such a public health threat.

 

I don't know about health insurance in general, but if you are an honorably discharged US Veteran you can get both a sleep study AND a CPAP. I have had a sleep study done already through the VA. Look, I am not in any way saying OSA is not a problem because I know it is. The primary problem I have is there are a lot of crooked people pushing OSA for (OTHER) than safety reasons using safety and the FMCSA as their justification. It is what it is, not trying to offend drivers that have a legit case of OSA and use the CPAP to get better restful sleep. I know for a fact several MEs in the Norfolk/Hampton Roads/Richmond areas of Virginia that are simply crooks with ties to sleep labs and CPAP sales! While not a great example, this situation reminds me of that old saying about telling a good lie. The best lies are the ones with just enough truth in them to sound believable! Your mileage may vary!

 

Ok, I keep researching this all out & you seem to be very knowledgeable of the guidelines for these sleep apnea “tests”. I am one who was told I needed to get one, & gave me a 3 month card. I didn’t agree, I told the company I wanted a 2nd opinion, they said I could get one. Went & answered everything the same way as previous medical paperwork & received a 2 yr card. The only thing is I didn’t read previously was that you had to tell the 2nd dr you were getting a 2nd opinion. Anyways, I did all this back in November, and now the company is coming back & telling me I am on some DOT out of compliance national list. Work is stating that they are only going by the 3 month card, when I had the 2 yr card done after. A. I was told I can’t have 2 DOT medical cards, which I don’t, I was given the ok, I sent them that medical card paperwork, that is the physical that is on file with my DMV. B. Now they are telling me I have to go back to get a physical done where they send me. I asked what happens when they try to say I need testing & I ask for a 2nd opinion, not given much an answer. The place they send us for Dot physical (Concerta) is known to request these tests. What is it that I can throw back at them, when they don’t take their findings off of the fact. I don’t have a “yes” answer to any of those sleep related questions they ask? I’m just confused about it all, mostly because this is just now supposedly coming up, when their so called 3 month card would of expired in February. FMCSA told me yes I can get a 2nd opinion but I need to go to the employers preferred ME, how does that make sense? When it was their first ME I didn’t agree with. Please help, I’m going to be redoing this test tomorrow. I need to get back on the road & this #### they are pulling is a bunch of BS

 

The FMCSA tossed BOTH physicals. They can and sometimes will do this when two physicals hit the system close together. I wish I could help you, but in all honesty, once the FMCSA tosses the physical you have no physical AND will also get notified soon about your CDL being downgraded. The company is right about you having to go back. Right now you have two basic options. Go back and do the OSA thing with Concerta, or 2 find another carrier that uses a more reasonable ME. Just make dang sure the next ME you see knows ABOUT ALL physicals. It is CRITICAL that you do this. These kinds of situations infuriate me more than you know. This entire OSA thing has NO accident data backing it up!

 

It takes 3 months after their card is expired to find out, that’s crazy. So they say a person can get a 2nd opinion, and when they do, they toss it anyways. Yeah I’m going back to their bogus ME tomorrow. I thought I was going back to work today after time off & whilst I’m looking I still gotta make money. What are your thoughts on taking the test? As far as I know if I’m told I have to take one & even tho I pass it, I will still have to report it going forward every time I need a new medical card?

 

You can get a 2nd opinion. Drivers do this a lot! You just can't "doctor shop". If you discuss the first physical with the 2nd examiner it's getting a 2nd opinion and fully legal. You DO NOT tell the 2nd examiner about the first physical and it may be called doctor shopping!

Again, I am sorry you are having to deal with this BS.

 

At the time I had only been able to find out that it is not considered dr shopping if all the medical information was the same exact way as the first Physical. It was just a in the last day, I saw that I had to disclose that I was asking for a 2nd opinion. I will make sure to report it all tomorrow, paperwork is saying I need a re-certification.