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Recent CPAP Legislation for the Trucking Industry

The recent legislation debate over whether trucking companies should test for obstructive sleep apnea (OSA) and enforce Continuous Positive Airway Pressure (CPAP) therapy may be of interest to all of our blog readers who are regular CPAP users. Earlier this year two members of the House introduced a bill requiring the Federal Motor Carrier Safety Administration (FMCSA) to carry out a formal rule-making process to create guidelines for commercial truck drivers about OSA. This will delay CPAP compliance legislation for the trucking industry.

Trucking companies know that changes are coming. Department of Transportation (DOT) Physicians will soon need to perform sleep testing during the medical physical if a driver has any symptoms of a sleep disorder. So in other words if the trucking company knows the driver has OSA but doesn’t impose CPAP compliance, and the driver is in an accident, the trucking company is guilty by indifference. If the company didn’t test for OSA then the company is guilty by incompetence.

Almost 30 percent of the drivers in the US are on the road, driving with undiagnosed and untreated sleep apnea, including about one third of all commercial drivers! Drivers with OSA are 6 to 7 times more likely to be involved in auto accidents. This is likely because their reaction time is impaired – just as though they had a blood alcohol level of 06 (BAC)!

Some would argue that if trucking companies work with DOT to perform OSA screening and CPAP treatment for their drivers with sleep apnea, their drivers will be healthier, more alert, and the companies will avoid many legislative fines and penalties because drivers will not be fatigued due to medical reasons. Trucking companies will save because accidents will be reduced as well.

We decided to discuss the issues related to this legislation with Pennsylvania Civil Rights and Accident Attorney Stuart Carpey.

Our Interview with Pennsylvania Accident Attorney Stuart Carpey

Chris began the discussion by asking Stuart whether the new legislation may actually begin effecting other areas of the transportation industry. Here Stuart explains that the reason he thinks it will be limited at least at first to the trucking industry is that this industry is heavily regulated already, and it will be easier to bring truckers into compliance than to bring every individual that has a driver’s license into CPAP compliance.

Settlements and Fines Imposed When Driver Fatigue is a Factor

Next, Chris asked about the settlements and fines leveraged after driver fatigue was proven to have been a factor in motor vehicle accidents.

Is Education and a Common Sense Approach the Logical Answer?

CPAP therapy has been shown to not only decrease incidences of driver fatigue, but it also improves health and quality of life for people with OSA. Chris and Stuart finish their discussion by debating the ways that the new legislation will positively effect commercial drivers. The other side of the debate is that the trucking industry will have to pay for all this testing and to ensure compliance among drivers with OSA. The new legislation requires that rule makers perform a cost-benefit analysis before imposing rules because the trucking industry estimates a cost of $1 billion for OSA testing.

There are many new options for truckers, with smaller, better machines like the Z1 that have been designed to fit easily into the lifestyle of an active person who travels. This machine weighs just 10 ounces and fits easily into the palm of your hand. It is only 6.5 inches long, has an FAA approved integrated battery, holds pressure settings, and is super quiet. Truckers who use the Z1 Travel CPAP Machine will find all the premium features of a larger cpap machine without the bulk!