Democratic senators express concern over DOT’s withdrawal of sleep apnea rule

Four Democratic senators are urging U.S. Transportation Secretary Elaine Chao to reconsider DOT’s withdrawal of a proposed rule that would have mandated testing commercial truck drivers and rail operators for obstructive sleep apnea.    Four Democratic senators on Monday sent a letter to U.S. Department of Transportation (DOT) Secretary Elaine Chao to express their concerns over DOT withdrawing a proposed rule earlier this month that would have mandated testing commercial truck drivers and rail operators for obstructive sleep apnea (OSA).
   The senators included Bob Menendez, D-N.J., Cory Booker, D-N.J., Charles Schumer, D-N.Y., and Kirsten Gillibrand, D-N.Y.
   “Obstructive sleep apnea is a serious medical condition that interrupts a person’s breathing while asleep, causing repeated awakening and subsequent severe fatigue,” the senators said in the letter. “While the National Transportation Safety Board has linked obstructive sleep apnea to a number of recent truck and rail accidents killing dozens of individuals, our region, in particular, has been devastated in recent years by rail accidents with links to sleep apnea.”
   The senators requested the data DOT used to make the decision to withdraw the March 10, 2016 advance notice of proposed rulemaking (ANPRM), and the department’s plan to identify and treat truck drivers and rail operators suffering from OSA.
   Commenting on the withdrawal of the ANPRM, DOT’s Federal Motor Carrier Safety Administration and Federal Railroad Administration said in a Federal Register notice earlier this month, “The agencies received valuable information in response to the ANPRM and a series of public listening sessions in May 2016. The agencies believe that current safety programs and FRA’s rulemaking addressing fatigue risk management are the appropriate avenues to address OSA.”