Issue link: https://read.dmtmag.com/i/743325
20 Oil Prophets Mark S. Morgan PMAA Regulatory Counsel Washington D.C. - The Federal Motor Carrier Safety Administration (FMCSA) is moving closer to mandatory obstructive sleep apnea (OSA) screening for CDL drivers, a move that could significantly reduce the pool of qualified drivers available to petroleum marketers. The FMCSA is asking for public comment on whether mandatory sleep apnea screening should be included in CDL driver medical examinations. The National Transportation Safety Board recommended that FMCSA take action to address OSA screening and treatment for transportation workers, placing it on its Most Wanted List of transportation safety improvements for 2016. OSA is a chronic disease that afflicts at least 25 million adults in the U.S., including more than 20 percent of commercial truck drivers, according to the American Academy of Sleep Medicine (AASM). A frequent warning sign for sleep apnea is excessive daytime sleepiness, which can manifest as drowsy driving. It is estimated that 328,000 crashes on U.S. roads each year, including 6,400 fatal crashes, involve a drowsy driver AASM says. The FMCSA maintains that driver fatigue is the single most important risk factor contributing to fatal accidents involving commercial motor vehicles (CMVs). FMCSA sponsored studies identify OSA as a major cause of driver fatigue. Currently, the FMCSA has no sleep apnea regulations on the books, but has issued guidelines that make such screenings discretionary. Despite the discretionary nature of the FMCSA guidelines, many medical examiners are already including OSA screenings in their examination protocols. Since the FMCSA screening guidelines are vague, medical examiners are using various body mass index ratings and neck circumference measurements to screen for OSA. As a result, CDL drivers are more likely to be referred to sleep studies than ever before and, in many cases required to purchase and use corrective breathing devices designed to keep airways open during sleep to provide a more restful sleep period. These devices are expensive, often not covered under many insurance plans and uncomfortable to wear while sleeping. Getting drivers with sleep apnea to purchase and use these devices will be a major challenge. The concern in the trucking industry is that the FMCSA proposal will create mandatory screening for all drivers with a body mass index of 35 or higher and/or a neck circumference of 17 inches or more. Divers will be forced to use corrective breathing devices for a probationary period after which they must reduce BMI and neck circumference measurements to maintain CDL licensure. However, the AASM, disagrees, maintaining that the federal guidelines currently provide insufficient guidance for medical examiners and sleep specialists in the diagnosis, evaluation and ongoing management of sleep apnea among transportation operators. "Sensible, evidence-based management plans have great potential to improve the health of commercial motor vehicle drivers and train operators while reducing the devastating accidents that can result from untreated sleep apnea," said AASM President Dr. Nathaniel Watson. "The comprehensive development and swift implementation of evidence-based sleep apnea policies is necessary to protect the well-being of transportation operators and maximize public safety." PMAA and other industry groups are actively involved in fighting mandatory sleep apnea screening for short haul drivers. The regulatory process may take more than a year and could be delayed further by industry led law suits. In any event, there is a reasonable chance that an exemption can be carved out of the OSA requirements for short haul drivers. In the meantime, it is important for drivers and their employers to know more about OSA, its symptoms and treatment in order to lessen the impact of the sleep apnea rule if it is finalized by the FMCSA. The following information on OSA is a proactive step marketers can take to avoid losing a driver due to an OSA diagnosis. What is Sleep Apnea? Sleep apnea is a breathing-related sleep disorder that causes brief interruptions of breathing during sleep. These pauses in breathing can last at least 10 seconds or more and can occur up to 400 times a night. Sleep apnea is a serious, potentially life-threatening condition that often goes unrecognized and undiagnosed. REGULATORY CORNER New FMCSA Sleep Apnea Proposal Could Lead