Page 36 - ATR 2 2014 web
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SLEEP,
              Continued from page 22


              down to rest, they’ve lost 50 minutes,
              not 30.
                 “What we know, we know from
              our survey data collection on what driv-
              ers are telling us, that they are in many
              cases more fatigued as a result of these   examiNers typically flag driVers wheN
              rules changes,” she said.                  the Neck size is 17.5" or larger, body
                 Brewster took issue with the            mass iNdex is 35 or greater or haVe a
              FMCSA’s study that the two rest periods   coNditioN like diabetes, hyperthyroid or
              are reducing driver fatigue. She said
              the agency studied a small group of                   high blood pressure.
              drivers operating under the new rules.
              Moreover, the differences between the
              two groups of drivers was small enough
              that some have questioned if it’s a valid
              finding.
                 Additionally, the industry is just
              weeks away from the deadline for truck-
              ers who may be at risk for sleep apnea   have one of the aforementioned condi-  record for average medical examiner
              to be tested and treated to be medically   tions and haven’t been tested. To avoid   performance, OOIDA said.
              certified by FMCSA-approved examin-  this he recommended drivers be proac-  The group also argued that many
              ers.                               tive about getting tested so they can   drivers won’t be able to find registered
                 FMCSA’s National Registry for   bring test results or proof of treatment   examiners to certify them before their
              Certified Medical Examiners rule goes   to the medical examiner when they go   prior certification expires or will face
              into effect May 21, and after that date   in for medical certification.  burdens such as having to travel farther
              all drivers must use an examiner from   Drivers can get tested at any clinic   to find an examiner.
              the agency’s registry when renewing or   or testing service they’d like — those   In response to OOIDA’s petition,
              first obtaining medical clearance.  examiners don’t have to be certified by   FMCSA said it is “closely monitoring the
                 Speaking at the Mid-America Truck   FMCSA, McDermand said. Drivers only   growing list and locations of certified
              Show last month, Greg McDermand    need to be able to show their FMCSA-  medical examiners to ensure that an
              of Phoenix Sleep Solutions said that   approved examiner documents show-  adequate number are registered by the
              because the agency doesn’t have formal   ing they’ve been tested and are being   May 21 deadline,” and also emphasized
              rules regarding sleep apnea testing or   treated, if they tested positive.  that most drivers will not need a new
              criteria for testing, medical examin-  The Owner-Operator Independent   physical exam immediately following
              ers must use criteria that increase risk   Drivers Association (OOIDA) has   the May deadline as certificates remain
              of apnea occurrence, like weight and   requested a delay on the FMCSA rule. As   valid until the expiration date.
              underlying medical conditions, as a   of March 28, there were 10,223 regis-  The American Trucking
              means to relieve themselves of liability   tered medical examiners, which “is little   Associations (ATA) supports the nation-
              in case of a crash.                more than half of those that would be   al registry as a way to ensure all drivers
                 “Examiners are getting very aggres-  needed under FMCSA’s most optimistic   are medically qualified. "However, we
              sive because of liability,” McDermand   (although unsupported by the record)   are concerned with the relatively slow
              said. “They’re not comfortable letting   estimate that 20,000 would be a suf-  pace at which medical professionals are
              [at risk] people walk out.”        ficient number of medical examiners   being certified by FMCSA,” ATA said in
                 Examiners typically flag drivers   to perform all of the examinations   response to the OOIDA petition. “We
              when the neck size is 17.5" or larger,   required by the regulated community,”   continue to work with FMCSA and our
              body mass index is 35 or greater or have   OOIDA said in its petition.  state association partners to identify
              a condition like diabetes, hyperthyroid   Based on the assumption that 2.6   underserved areas and we encourage
              or high blood pressure.            million annual examinations are need-  FMCSA to be flexible in addressing any
                 McDermand said he’s hearing fre-  ed, the average examiner would need to   shortcomings."
              quently of drivers who say the examin-  perform 130 certifications per year – far
              ers aren’t renewing med cards if they   more than FMCSA’s expectations in the

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