New York Commercial Drivers to Be Screened for Sleep Apnea

ALBANY, NY, April 13, 2012

Sleep apnea, a condition in which the narrowing of the upper airway results in poor, disrupted sleep, not only results in a bad night's sleep, but also leads to fatigued drivers. In fact, some believe that when it comes to driving, sleep apnea may present as great a danger as too much alcohol.

For this reason, the U.S. Federal Motor Carrier Safety Administration (FMCSA), in conjunction with the American Transportation Research Institute of the American Trucking Associations (ATA), will begin screening commercial driver's license (CDL) holders thought to be susceptible to sleep apnea. The determining factor in deciding who will be subjected to undergo an initial screening is the driver's body mass index. A BMI of 35 or higher will subject that driver to mandatory screening.

"Staying awake means staying alive" is the slogan of the program. The goal is to reduce fatalities resulting from commercial vehicle accidents. CDL holders with higher BMIs are thought to be more prone to sleep apnea and therefore more likely to be involved in accidents. Prior to establishing the program, FMCSA and ATA sponsored a study on sleep apnea using 1,391 drivers with commercial licenses. The researchers then tested the likelihood that each driver would be considered "high risk" for sleep apnea.

Of the total commercial drivers tested, 778 drivers had scores indicating a high risk of sleep apnea. The findings indicated that the two most important factors to determine whether a driver was at risk for sleep apnea were age and weight. Essentially, the study found that older, heavier drivers are most at risk.

Based on the study's findings, recommendations have been made that further research be conducted in order to determine how much of a role sleep apnea actually plays in commercial vehicle safety. The study also highlights the importance of developing fine tuned strategies for identifying the drivers most at risk and implementing a safety plan for dealing with this public safety issue.

At this point an official notice has not yet been published. It is unclear whether commercial drivers found to have sleep apnea will face revocation of their commercial driver's licenses.

Colwell, Colwell & Petroccione, LLP
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