Transportation agencies put proposed sleep apnea testing to rest

Sources: Federal Motor Carrier Safety Administration (FMCSA); CP staff

FMCSA and the Federal Railroad Administration have withdrawn a March 2016 advance notice of proposed rulemaking concerning the prevalence of moderate-to-severe obstructive sleep apnea (OSA) among individuals occupying safety-sensitive highway or rail transportation positions. The agencies believe that current safety programs and FRA’s rulemaking addressing fatigue risk management are the appropriate avenues to address OSA.

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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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