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Sleep apnea has been blamed for deadly truck and rail accidents in the United States. In spite of this fact, the FMCSA (Federal Motor Carrier Safety Administration) and the FRA (Federal Railroad Administration) announced the beginning of August 2017 that they are no longer pursuing regulations which would require drivers to be tested for sleep apnea. 

Sarah Feinberg, a former FRA administrator told Associated Press (AP) about the decision to abandon implementing the rule. Ms. Feinberg said, “It’s very hard to argue that people aren’t being put at risk. We cannot have someone who is in that condition operating either a train going 70 mph or operating a multi-ton truck traveling down the interstate. It’s just not an appropriate level of risk to be exposing passengers and the traveling public to.” 

The NTSB (National Traffic Safety Board) spokesperson, Christopher O’Neil told AP, “Obstructive sleep apnea has been the probable cause of 10 highway and rail accidents investigated by the NTSB over the past 17 years, and obstructive sleep apnea is an issue being examined in several ongoing NTSB rail and highway investigations.” 

The Harvard School of Public Health issued a press release in March 2016 stating that it is estimated that up to 20 percent of all large truck crashes are due to drowsy or fatigued driving, which would account for almost 9,000 fatalities and up to 220,000 serious injuries. 

Last year, a City of Miami Department of Public Works dump truck driver ran a red light, hit 11 vehicles and crashed into a taxi, killing its passenger, after the dump truck driver fell asleep at the wheel, according to Local10 News.

Some trucking companies are requiring sleep apnea testing 

Although it is unclear at this time whether trucking companies will voluntarily require sleep apnea testing following the recent administration’s actions, some have done so in the past. 

Trucks.com said on its website that a truck driver’s employer Crete Carrier Corp. required him to be tested for sleep apnea before being allowed to drive. He refused and was fired by the company. He got a note from his doctor saying the testing was not necessary and filed a suit claiming that the carrier violated his rights. The court ruled that the carrier did not violate his rights, and the truck driver appealed the lower court decision to the U.S. Supreme Court, which ruled that the carrier did not violate his rights under the American with Disabilities Act because he had a body mass index of 35 or higher, for which the FMCSA recommended sleep apnea testing. 

What is sleep apnea? 

WebMD says, “Sleep apnea is a serious sleep disorder that occurs when a person's breathing is interrupted during sleep. People with untreated sleep apnea stop breathing repeatedly during their sleep, sometimes hundreds of times. This means the brain -- and the rest of the body -- may not get enough oxygen. 

There are two types of sleep apnea: 

Obstructive sleep apnea (OSA): The more common of the two forms of apnea; it is caused by a blockage of the airway, usually when the soft tissue in the back of the throat collapses during sleep. 

Central sleep apnea: Unlike OSA, the airway is not blocked, but the brain fails to signal the muscles to breathe, due to instability in the respiratory control center.” 

“If you or a loved one has been injured in a trucking accident, contact the experienced attorneys at Spivey Law Firm, Personal Injury Attorneys, P.A. to determine your rights,” said Fort Myers Truck Accident Attorney, Randall Spivey.

Fort Myers Truck Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.