Atlanta Injury Law Blog

The Medical Review Board of the Federal Motor Carrier Safety Administration has recommended that CDL holders with a body mass index of 30 or higher be referred for sleep apnea testing. There is no timetable for action on this recommendation.

Sleep apnea is a serious disorder that interrupts a person’s breathing during sleep.  It can cause sleeplessness, fatigue, excessive snoring, acid reflux and other health problems, and can aggravate any existing heart or lung trouble. Certain physical features, such as excessive weight, are common to people with sleep apnea, although people who aren’t obese can suffer it as well. A BMI of 30 or greater – 220 pounds for a 6-foot-tall person – puts people at risk for developing obesity-related medical conditions such as sleep apnea.

My anecdotal observation, as a trial lawyer in Atlanta handling catastrophic tractor trailer accident cases and interviewing a great many truck drivers, is that sleep apnea is a substantial hazard in the trucking industry, that a significant number of drivers are very much at risk, and that many of them may be motivated to avoid the sort of medical consultation that would lead to diagnosis and treatment because of the perceived risk of loss of income.

To require sleep apnea testing for the group of drivers most at risk could be a positive measure for both the safety of the traveling public and the health of the truck drivers.

I think that is a great idea but one point you need to take into affect if you want this to take affect you would need it would need go in towards the cdl physical which many small buisness would not be able to fork that bill b/c the testing for such is not cheap anywere between 1,000 and up right so lets think twice. And remeber if they can not fork it the compines would go out of buisness or even bankrupt b/c of the testing of the physical added expense that most truck compines cover phsyical cost. And there for there is the posiblty of no food no gas from gas staion take into affect all of what truck drivers deliver along with wages the truck drivers make vary depnding on the load of what is being transported. And if they would be able to make a liveing with the out of pocket expense. And rember truck drivers are not the only ones on the road with sleep apnea. Thank for my Comment and taking all into consideration when maybe trying to pass a bill.

I have heard the pro's and con's of such rulings many times. The fact is that everyone who falls into this category should be tested, not just truck drivers. I have sleep apnea and drive for my sales job. It puts me in a tough spot if I don't use my cpap and need to work the next day. It's a tough issue.

I was confused and did not understand I had to report with my CPAP card once a month. My doctor sent letters to an address that I lived at 3 years ago and when the letters were returned, never followed up.
When I went into their office last Monday, July 13, the woman who talked to me was rude and threatening. She said she would pull my drivers license, I am a inner state truck driver.
I have been complying and wearing the mask at night, I asked for a larger mask but my doctor has not sent the information to the medical service company so I can get a new and larger mask, maybe to punnish me.
Can they pull my license? Is there any legal steps I can take against this woman for threatening and blackmailing me?

I also have a concern. My husband has sleep apnea and he is a truck driver. He wears the machine but tends to push it off during sleep. His company request a report from his machine once a month and if he does not meet 4 hrs a day at 70% of the days he gets suspended. At his company they have an individual the handles this area and gives medical advice, and she in no way holds a medical degree or a degree in respriatory therapy. He feels since he did not use the company doctors and machines the they are in violation of the HIPPA laws. He should have a right to privacy concerning his medical records, also every time that his machine is read the rules change. I know at this time there is no DOT regulations in place, but if you are cleared to drive and have passed your DOT physical why should they be able to suspend you for something they have not right to view or give medical advice, wouldn't this be a violation of civil rights.