Special Report
Wired for Sleep?
A new federal push
to test bus drivers for sleep apnea WRITTEN BY SHARLA RIDDLE
C
ould most school bus drivers soon be required to undergo screening for sleep apnea? May- be. In March, the Federal Motor
Carrier Safety Administration announced a call for public comment on obstructive sleep apnea (OSA) testing for transpor- tation workers. Citing sleep apnea as the cause of several recent high-profile crashes, the government is seeking to pass new reg- ulations to screen truckers, bus drivers and railroad workers for the condition. For years, the federal government has been clear that sleep apnea causes driver fatigue, which in-turn causes crashes. Te FAA, for example, is already required to screen airline pilots, more than 4,900 of which are currently being treated for sleep apnea, according to the U.S. Department of Transportation. So the FMCSA, along with the Federal Rail Administration, slated public fact-gathering meetings for Chicago, Washington and Los Angeles. Why the formality? Because it’s been tried before, without the due process. In 2013, regulations were proposed that would require apnea screening of transpor- tation workers based on BMI (body mass index) and neck measurements. Because public input was not sought, members of Congress were incensed. As Rep. Larry Buschon (R-Md.) said, “Te FMCSA plan to use guidance alone would prevent the public from giving input.” In other words, laws shouldn’t be passed without an opportunity for the public to weigh in. Congress responded by passing a law
that required federal regulators to go through formal rulemaking procedures before they can require testing. So now, in 2016, the push for sleep apnea screening regulations is once again back on the table.
28 School Transportation News • MAY 2016
A diagram depicts how blocked airways affect the sleep of patients diagnosed with obstructive sleep apnea, a condition that FMCSA says is especially unsafe for school bus drivers.
Te FMCSA stated that it is “consid- ering taking regulatory action to ensure consistency in addressing the safety issue presented by transportation workers with safety sensitive duties who are at risk for OSA.” Te agency wants to screen workers for sleep apnea, but it’s first required by law to hold public hearings. It all affects school transportation per- sonnel in a very roundabout way. At the 2013 NAPT Summit, Anne Ferro, then administer of the Federal Motor Carrier Safety Administration, told audience mem- bers that “school bus operations conducted by school districts are exempt from most FMCSA regulations because transportation performed by state and local government entities are statutorily exempt from FMC- SA safety rules.” She added that school bus drivers weren’t a part of the 2013 sleep apnea study. She stopped short of saying that school bus drivers wouldn’t be required to be screened for sleep apnea, and there’s a reason—they still might be. According to Charlie Hood, executive
director of NASDPTS, some states already have provisions for screening respiratory disorders in their physical examinations of drivers. He added that the medical criteria
for school bus driver physicals hasn’t really changed much over the past few years. What has changed is the attention these criteria are now receiving from the feds. Tis focus on driver health began in 2012, when the FMCSA created the Na- tional Registry of Certified Medical Exam- iners. In order to be added to the national registry, medical examiners must complete training and successfully pass a test on the FMCSA’s physical qualification standards. Hood noted that in the last two years, the feds have ramped up the qualifications for these medical examiners. By May 2014, all commercial drivers
were required to receive their physical ex- aminations from certified medical examin- ers only. CMV drivers were no longer able to take physicals with their primary care physicians unless they were in the national registry. Tis increased training resulted in an increased scrutiny of the health issues that affect drivers. Te renewed push for sleep apnea screen- ing began last year, when the FMCSA sent a bulletin to healthcare professionals. Te purpose of this bulletin, according to the FMCSA, was to “remind healthcare profes- sionals on the agency’s National Registry of
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