In the wake of Hours of Service rule exemptions, ready mixed producers are following Federal Motor Carrier Safety Administration (FMCSA) work-in-progress guidance on testing of drivers for risk of obstructive sleep apnea (OSA). The condition attends obesity and sees tissues around the upper respiratory tract relax and physically block the airway. The FMCSA Medical Review Board links the condition to daytime sleepiness, making truck drivers more accident prone.
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ADA proves no shield for obese driver refusing sleep apnea test
Sources: U.S. Court of Appeals for the Eighth Circuit, St. Louis; Littler P.C., San Francisco; CP staff
A three-judge Appellate Court panel has affirmed a U.S. District Court decision favoring Lincoln, Neb.-based Crete Carrier Corp., which had defended a policy subjecting drivers with body mass index (BMI) of 35 or higher to testing for risk of obstructive sleep apnea (OSA)—where tissues around the upper respiratory tract relax and physically block the airway.
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