The Federal Motor Carrier Safety Administration said it will not issue regulatory guidance to recommend that certain truck drivers be screened and treated for sleep apnea, and instead go through the formal rulemaking process.
In a Sept. 19 statement to Transport Topics, FMCSA spokeswoman Marissa Padilla said the agency “will issue a notice to address obstructive sleep apnea through the formal rulemaking process after collecting and analyzing the necessary data and research.”
Previously, FMCSA had said it would issue guidance to medical examiners saying that commercial drivers with a body mass index of 35 or higher should be tested for sleep apnea and treated if they are diagnosed. The agency would start the rulemaking process after the guidance is made final, it said.
Shortly before FMCSA's Sept. 19 statement, the House Transportation and Infrastructure Committee passed a bill that would prohibit the agency from issuing guidance on the issue. The committee voted unanimously to send the bill to the full House.
American Trucking Associations welcomed the bill, crediting the bill action for FMCSA’s reversal on the guidance. But despite FMCSA’s action, the legislation is still necessary, ATA said.
“While FMCSA has said they are receptive to a rulemaking process in lieu of sleep apnea guidance, we urge the House and Senate to follow through with swift approval” of the bill, ATA President Bill Graves said.
