Senate passes sleep apnea bill, president’s signature would make it law

| October 07, 2013

sleep apneaThe U.S. Senate passed last week a two-page piece of legislation — the so-called sleep apnea bill — that would require that any action taken by the Federal Motor Carrier Safety Administration pertaining to sleep disorder screening for trucking companies come via formal rulemaking and not guidance, as the agency had previously hinted it planned to do.

The bill now moves on to President Barack Obama, who can make the bill law with his signature.

Kevin Hall, communications director for bill co-sponsor Sen. Mark Warner (D-Va.), said the Senate’s vote was unanimous. The House cleared the bill with a unanimous vote, 405-0, Sept. 26.

The bill does not require that FMCSA take any action related to sleep disorder screening. It only prevents FMCSA from using guidance to issue what would essentially be informal rules, which, according to House bill sponsor Rep. Larry Buschon (R-Md.), would make carriers vulnerable to lawsuits.

It also would not allow the rule to be fully analyzed before becoming a regulation, Buschon said in a letter to colleagues last month when rallying support for the bill.

The legislation is supported by the American Trucking Associations and the Owner-Operator Independent Drivers Association.

After the House introduced the bill, FMCSA issued a statement saying it would pursue rulemaking on sleep apnea screening rather than guidance.


Sleep Apnea testing is being forced on Drivers from Dot Doctors based on BMI, Neck Size or other so called signed that are not Completely accurate .

I had a DOT Physical by a Doctor would said he would not pass me unless I did a Sleep Apnea test. This was employment.

NOW HERE IS THE KICKER. I seen this very same Doctor not 5 months ago and he renewed my DOT Physical for 2 yrs. it is still good for another aprox 19 months.......WTH

The company still would not hirer me unless he would take that off my medical report and would not let me see another doctor for a DOT Physical or use my current DOT Physical from that same Doctor.

1) My understanding it isn't a requirement by the FMCSA so why would it be a part of the Physical.

2) I would have to wait 30/45 days to have one scheduled and they sure the heck would hold a job open for you to complete that and the wait for results or GOD FORBIDE longer till you used the stupid CPAP for compliance.

3) I have no insurance for that as others probably don't either and a company hiring you sure wouldn't pay for that. That leaves you holding the dirty end of the stick.

4) That Doctor sure wasn't going to give me a referral for it and my Doctor thinks he is full of it.

EVERYONE PLEASE CALL/WRITE your Congressmen, Senators and voice your concerns about this for all our sakes.