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Sleep apnea rule officially withdrawn

By Butler Prather LLP on August 14, 2017

A proposed rule that would standardize sleep apnea screening requirements was to be withdrawn on Aug. 7. This was according to an announcement issued by the Federal Motor Carrier Safety Administration on Aug. 4. It would provide objective criteria as to when truck drivers in Georgia and around the country should be subject to lab tests for the condition. It would also provide objective rules for how testing was to be conducted.

If that rule had been passed, as many as 40 percent of drivers could have been subject to testing. Tests may be expensive for both drivers and those who own their own truck or fleet of trucks. As of right now, there are several different procedures used to determine if a driver should be tested for the condition. This has some drivers complaining that referrals for testing are nothing more than an attempt by those in the medical field to make money.

In 2016, there were listening sessions and a call for input from trucking industry. stakeholders The Motor Carrier Safety Advisory Committee and other groups suggested that those with a BMI over 40 be subject to apnea screening. If a trucker was picked for screening, he or she would receive a temporary certification until the test results were known.

Truck accidents can be caused by many factors, but one of the leading ones is truck driver fatigue. This can arise due to a trucker being behind the wheel for prolonged periods without being allowed to take a rest break, and it can be exacerbated by conditions such as sleep apnea. People who have been injured in an accident caused by a fatigued driver might want to ask an attorney if there is any recourse against the trucking company.

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