NY, NJ senators ask USDOT to reconsider sleep apnea testing mandate

Written by Mischa Wanek-Libman, editor
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Clockwise from top left, Sens. Menendez, Booker, Schumer and Gillibrand are asking USDOT to reconsider a proposed rule that would mandate sleep apnea testing of rail workers and truck drivers.

New York and New Jersey's senatorial delegation are asking the U.S. Department of Transportation (USDOT) to reconsider a rule that would require sleep apnea testing of rail workers and commercial truck drivers.

 

The four senators, Bob Menendez (D-N.J.), Cory Booker (D-N.J.), Charles Schumer (D-N.Y.) and Kirsten Gillibrand (D-N.Y.), sent a letter to USDOT Secretary Elaine Chao asking to see data used to withdraw a rule that would have mandated sleep apnea testing among transportation workers in safety critical roles.

“We strongly believe that USDOT should immediately reconsider the decision in order to help avoid future fatigue-related tragedies,” the senators wrote. “Due to our serious concern over this decision to vacate this potentially life-saving rule, please provide our offices all data and information used to make the decision to withdraw the rule, and USDOT’s plan to identify and treat operators suffering from obstructive sleep apnea before more fatal tragedies take place.”

In early August, the Federal Railroad Administration (FRA) and Federal Motor Carrier Safety Administration (FMCSA) withdrew a proposed rule regarding sleep apnea testing.

The rule was originally proposed in March 2016 and the senators say it provided a “modest, common-sense approach to combating fatigue on our roads and rails.”

The senators cited two recent accidents were sleep apnea was either determined to be factor or is under investigation as being a factor in the incidents, as well as the National Transportation Safety Board’s continued call to require sleep apnea testing on all railroads.

FRA and FMCSA say the proposed rule was withdrawn because they “believe that current safety programs and FRA’s rulemaking addressing fatigue risk management are the appropriate avenues to address [obstructive sleep apnea].”

The senators concluded their letter by writing that they “look forward to begin working with you to improve safety throughout our nation’s transportation systems.”

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