BoomerD
No Lifer
- Feb 26, 2006
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So...is this test mandated by your company?
The current Oregon DOT and FMCSA don't require such a test...unless you have a diagnosed history of it...
http://www.landlinemag.com/Magazine/2014/May/News/sleep-apnea-testing.aspx
http://www.trucking.org/Safety/Obst...ercial Driver Medical Qualification_FINAL.pdf
http://www.oregon.gov/ODOT/DMV/pages/faqs/cdlmedcert.aspx
https://www.fmcsa.dot.gov/regulations/title49/section/391.43
It's NOT impossible for the medical examiner to be a bit...enthusiastic...in recommending testing that exceeds the required tests...that's one thing the medical profession has been very good at in recent years...
BUT, it could also be a requirement mandated by your company...in which case, you have to take the test...like it or not, and IF you're diagnosed with some form of sleep apnea, you COULD end up with some licensing difficulties.
(from the first link)
BUT...
The current Oregon DOT and FMCSA don't require such a test...unless you have a diagnosed history of it...
http://www.landlinemag.com/Magazine/2014/May/News/sleep-apnea-testing.aspx
http://www.trucking.org/Safety/Obst...ercial Driver Medical Qualification_FINAL.pdf
http://www.oregon.gov/ODOT/DMV/pages/faqs/cdlmedcert.aspx
https://www.fmcsa.dot.gov/regulations/title49/section/391.43
It's NOT impossible for the medical examiner to be a bit...enthusiastic...in recommending testing that exceeds the required tests...that's one thing the medical profession has been very good at in recent years...
BUT, it could also be a requirement mandated by your company...in which case, you have to take the test...like it or not, and IF you're diagnosed with some form of sleep apnea, you COULD end up with some licensing difficulties.
(from the first link)
The Federal Motor Carrier Safety Administration is silent on sleep apnea testing. Many truckers who have been told that the testing is mandatory are probably either very puzzled or very upset right now.
The Federal Motor Carrier Safety Regulations state:
391.41(b) A person is physically qualified to drive a commercial motor vehicle if that person (5) has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his/her ability to control and drive a commercial motor vehicle safely.
Not a word in there about testing. In order to get the full scoop on what FMCSA expects from the regulations, you must look at the “guidance” the agency issues on various regulations. The agency has established guidance for chronic sleep disorders, including sleep apnea.
In that guidance, the agency lays out the minimum waiting period for certification or recertification of an individual with a chronic sleep condition after starting treatment. There is a minimum one-month waiting period after starting a continuous positive airway pressure device (called a CPAP). Individuals with surgical treatment are to wait a minimum of three months before certification or recertification. Medical examiners are directed by the agency to certify the driver for only one year.
Here is where the “mandated testing” comes in. After someone is diagnosed, the agency’s guidance directs the medical examiner to certify or recertify someone who has started nonsurgical treatment and has had “multiple sleep latency testing values within the normal range.” The guidance does not directly address sleep latency testing for drivers who sought surgical treatment. The guidance merely directs doctors to monitor the resolution of symptoms.
Nowhere in any of that did you read neck size, body mass index or anything of the sort? The sleep industry has come up with those types of criteria. Not FMCSA.
So why am I being told that it’s mandatory?
That’s where we go from concrete to somewhat speculative. Explanations vary when talking to medical examiners and motor carriers who insist on the testing, but one common theme is liability.
What got us to this point is twofold. First FMCSA published, very briefly, proposed guidance that would have expanded on sleep apnea testing in April 2012. The proposed guidance was pulled down days later, but that bell wasn’t completely unrung. The cat was out of the sleep apnea bag: FMCSA was looking to regulate it further.
Follow that up with the fact that the agency is in the process of implementing the National Registry of Certified Medical Examiners. This is a registry – basically a database – of medical examiners who have paid a fee and gone through FMCSA’s testing. Drivers will only be able to get DOT medical certification from individuals listed on the registry after May 21. (See related article Page 38.)
FMCSA has been forthcoming about the medical examiners’ responsibilities under the regulations and what the penalties could be if they circumvent those regs and incorrectly certify a driver as medically qualified when the driver actually is not medically qualified. Those fines are pretty steep: $10,000 in one instance, $250,000 – a quarter of a million dollars – in another. We won’t get into the likelihood of such fines being levied; the mere threat seems to be enough.
Toss in an added threat of litigation if a driver with a disqualifying medical condition is in a wreck, and the medical examiner who certified him could be facing some liability issues there as well.
All of that amounts to motor carriers and medical examiners looking to cover their assets – so to speak – and ordering more tests to prove they did all they could.
BUT...
What can you do?
Last year at the urging of large numbers of angry truck drivers, Congress passed (in what seemed like record time) a bill that prevents FMCSA from proceeding with any regulation of sleep apnea without going through a rulemaking process. That involves public comment periods, legitimate research, cost-benefit analysis, etc.
Soon thereafter, President Obama signed the measure into law.
Without the agency going through that rulemaking process, the current regulations along with the guidance is all there is on the books to regulate, if you will, sleep apnea.
OOIDA Executive Vice President Todd Spencer pointed out that while the issue was being considered in Congress, FMCSA maintained they planned to do the rulemaking all along.
“However, a time frame has yet to be mentioned and the issue doesn’t appear to be an agency priority,” he said. “So who knows when the appropriate level of scrutiny might take place to determine whether the billions in new costs to drivers are justified.”
In the meantime, drivers shouldn’t set themselves up to be victims. While apnea may not play a real role in any crashes, it is a medical condition that should be discussed and evaluated with a trusted and qualified physician, Spencer said.
He said that drivers should take care of this before their current medical certifications expire and the “proverbial gun is at your head.”
“That way you have options for testing and appropriate treatment that won’t break the bank,” Spencer said.