FMCSA withdraws rule that would have required ‘nearly all’ truckers to test for sleep apnea

The FMCSA has withdrawn a set of proposed rules that would have required a large number of truck drivers to take sleep apnea screenings.

The rules, originally proposed in 2016, would have required anyone that met the following conditions to test for sleep apnea:

Body mass index is greater than or equal to 40

OR

Body mass index is greater than or equal to 33 and meets at least three of the following criteria:

  • Age 42 or older
  • Male or postmenopausal female
  • Type 2 diabetes
  • High blood pressure
  • Neck size greater than 17 inches (males) or 15.5 inches (females)
  • History of heart disease or stroke
  • Loud snoring
  • Has had witnessed apneas
  • Small airway to the lungs
  • Untreated hypothyroidism or hypertension
  • Has micrognathia or retrognathia

In addition, drivers who tested positive for sleep apnea would have been granted a one-year exemption, instead of the standard two-year cerification. Retesting would have also been mandated if a driver’s weight increases by ten percent.

Drivers immediately took issue with the proposal, claiming that an overwhelming majority of drivers would fall under the criteria for required testing. For example, a 42-year-old male would only need one other symptom to mandate the testing.

The Owner-Operator Independent Drivers Association (OOIDA) also heavily opposed the recommendations, arguing that the guidelines were illogical. Jay Grimes, OOIDA’s manager of federal affairs, explained that most drivers would have met the criteria for age, sex and neck size.

On August 7th, 2017, the FMCSA officially withdrew the proposed rules, stating that the current rules are “sufficient.” Currently, sleep apnea testing is based on a medical examiner’s recommendation.

The sleep apnea rule withdrawal is the second regulation to be withdrawn by the FMCSA this month, as the organization also eliminated the mandate that required insulin-using diabetic truckers to apply for an FMCSA waiver in order to drive.


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