AUGUST 15, 2017 – On March 10, 2016, the Federal Motor Carrier Safety Administration (FMCSA) and the Federal Railroad Administration (FRA) issued a Notice of Proposed Rulemaking concerning Moderate-to-Severe Obstructive Sleep Apnea (OSA) in safety-sensitive individuals. The proposed rulemaking was originally issued to address potential safety risks with OSA workers. It also aimed to provide guidance for medical examiners on how to diagnose OSA when they administer medical examinations for medical certificates.
However, on Tuesday August 8, 2017, the two respective agencies withdrew that proposed rulemaking. In the notice, the agencies stated that they “believe that current safety programs and FRA’s Rulemaking addressing fatigue management are the appropriate avenues to address OSA.”
The FMCSA will consider an update to the “Bulletin to Medical Examiners and Training Organizations Regarding Obstructive Sleep Apnea,” specifically addressing how the physical qualifications standard and related advisory criteria concerning respiratory dysfunction apply to drivers who may have OSA. The purpose of this update is to “ensure that medical examiners fully understand their role in screening drivers for OSA, identify drivers at the greatest risk of having OSA, and refer only those individuals to a sleep specialist for testing.” Currently, medical certification determinations for drivers with OSA will be made by the examiner based on their medical judgement rather than a federal regulation or requirement.
FMCSA will also continue to recommend driver and employers use the North American Fatigue Management Program (NAFMP), which is a voluntary, web-based service education and training on the causes and effects of fatigue, including OSA. Drivers currently under FMCSA will see no change to the process of medical certification.
https://www.foleyservices.com/news/sleep-apnea-proposed-rulemaking-withdrawn/#comment-10900
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