Sleep Apnea Regulations.

Discussion in 'Trucking Industry Regulations' started by Wyattdusty77, May 30, 2013.

  1. Wyattdusty77

    Wyattdusty77 Bobtail Member

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    So, I read some of the post here regarding sleep apnea. While I didn't read all of them, I didn't see an actual reference to any regulations/guidelines that FMSCA have set in place.
    I've seen the section that says if you have been diagnosed with any breathing issues, but I didn't see a statement saying you must be tested. I did not see a statement saying the doctor has the right to only issue a 30/90 day medical card if you refuse to be tested.
    I have seen that this is an issue FMSCA is considering making a part of the physical exam but as of yet has not.
    So if any of you would know where to find the specific regulations/guidelines regarding this I would appreciate being able to read it.

    I have not been diagnosed with this condition, and while overweight do not believe I have it. I sleep well and my wife says I don't snore. I know there are other things that can cause apnea, not just snoring, but I'm comfortable with the sleep I get.

    I really want to see the specific laws as I am not one to just do something because someone tells me to. If its actually required by the dot to continue my job, so be it. I want to be informed tho. Thanks a lot.
     
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  3. ironpony

    ironpony Road Train Member

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    There aren't any regulations on it at this time, nor is there any requirement that you get a sleep study. When you start with a new company, they'll want a fresh DOT physical. That physical must meet the minimum requirements of the FMCSRs, but there's nothing that prevents a company from screening you for sleep apnea as long as that screening is done in a equitable fashion among all new drivers and it's something that is directly related to your job function.

    Here's a link to a page on sleep apnea on the FMCSA's web site...

    http://www.fmcsa.dot.gov/safety-security/sleep-apnea/tools/fact-sheet.aspx
     
  4. CondoCruiser

    CondoCruiser The Legend

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    There is no regulation. It's still in the study phase since about 2007 and they are scared if they do anything they will have a real driver shortage problem.

    As of right now it is only a requirement of some mega carriers to be tested if you meet certain BMI or neck size..

    If you bring to light in a physical you have diagnosed sleep apnea then you have to prove you are compliant and successful with the treatment which usually means you use a Cpap daily.

    ...is the only regulation


    http://www.fmcsa.dot.gov/rules-regu.../Sleep-Apnea-Final-Executive-Summary-prot.pdf


    http://www.fmcsa.dot.gov/rules-regulations/TOPICS/mep/report/Sleep-MEP-Panel-Recommendations-508.pdf
     
  5. helmhead

    helmhead Bobtail Member

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  6. ironpony

    ironpony Road Train Member

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    They're entitled to do that under the labor laws, as long as its applied to all employees equitably.
     
  7. helmhead

    helmhead Bobtail Member

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    But it doesn't. I was just given a 2 year card from my PCP who also has been taking care of my sleep apnea. You apparently did not read what I posted to begin with. Hunt is claiming that DOT says they HAVE to follow those guidelines. which is simply not true.
     
  8. ironpony

    ironpony Road Train Member

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    They can "say" whatever they want. Just because they're lying doesn't mean anything. You want a job? You jump through the hoops. As long as they are not just picking on you, individually, and it somehow relates to your job function they can pretty much require anything.
     
  9. Wyattdusty77

    Wyattdusty77 Bobtail Member

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    This is funny to me. Not comical funny but odd funny, sad funny, really? funny! You reply as if there aren't a hundred companies out there all looking for drivers, especially OTR. If enough drivers start saying, no, I won't do that, they'll get the hint. Just because they say you have too doesn't mean you do. Lets stand up for ourselves! If we continue with your mentality, they will be able to come into our homes and tell us our everyday activites! Oh wait! Those OTR they're already in your homes (the truck you drive)!

    I don't know if you noticed but the man you replied to says he has 30 years experience. I have 11 years experience and I can't imagine the changes he's seen. The reason we are in the condition we are as a trucking industry is because we allowed it. "I have to pay my bills,so I have to do what they say". I would rather work two jobs and 80-90 hours a week than continue to allow the government, companies and dot related people to tell me I "have" to do things without knowing my rights.
     
  10. RickG

    RickG Road Train Member

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    The thread is on sleep apnea . Soon the physical forms will be sent to the DMV by the examining physician and linked to your CDL . If the form says you don't qualify and need a sleep study you either get a sleep study or you don't drive .
    For every driver that says no CDL mills turn out 5 drivers that say yes . I don't see that changing .
     
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