The Owner-Operator Independent Drivers Association has filed a petition against the Federal Motor Carrier Safety Administration (FMCSA), claiming that the federal regulator has broken a law that prevents them from making sleep apnea regulations without a formal rule-making process.
According to JOC.com, the FMCSA recently added an appendix to the medical examiner's certification integration rule that contains language that implies that doctors are required to refer drivers with signs of sleep apnea (or other respiratory dysfunctions) to a doctor:
"If the medical examiner detects a respiratory dysfunction, that in any way is likely to interfere with the driver's ability to safely control and drive a commercial motor vehicle, the driver must be referred to a specialist for further evaluation and therapy."
The Owner-Operator Independent Drivers Association believes that this appendix breaks a 2013 law passed by Congress that prevents the FMCSA from making any sleep apnea regulations without going through a formal process.
A Rocky Road To Sleep Apnea Regulations
In recent years, obstructive sleep apnea has been to blame for a number of incident and accidents involving commercial trucks, airplanes, and trains. Because of these accidents, some of which involved loss of life, federal regulators have taken a close look at making new laws that would require transportation companies and organizations to screen their drivers, pilots, and engineers for sleep disorders.
However, many transportation organizations have pushed back, citing that sleep apnea screening, testing, and treatment regulations would be expensive, take drivers off of the road, and make trucking rates go up. Currently the two groups are working on a solution that is fair to all parties and that would make the roads, rails, and skies safer for passengers.
The FMCSA and the Federal Railroad Administration (FRA) have already begun the official joint rule-making process, which has involved an advanced notice of the rule-making process as well as a period for public commenting. At least two recent fatal railway accidents have been tied to sleep apnea in recent years.
Sleep Apnea Solutions Through Surgery
As federal regulations tighten and the trucking industry (and commercial drivers) are faced with change, it will be increasingly important for truck companies and individuals alike to find new strategies for confronting sleep apnea and related sleep disorders. At Surgical Sleep Solutions, we are committed to finding the best treatment for every person, whether it is a simple oral appliance, a CPAP device, or our innovative bimaxillary advancement surgery.
To learn more about our surgical sleep apnea solution, or to discuss our strategies related to sleep apnea trucking regulations, please call our office today at 855-560-7378 or fill out our quick contact form.