For the first time in seven years, physicians have reliable guidance they can use to help determine if commercial truck drivers are physically fit to operate their vehicles.
The Federal Motor Carrier Safety Administration on Tuesday published a draft of its new Medical Examiner’s Handbook (MEH). The handbook provides information on driver health requirements and guidelines used by medical examiners (MEs) listed on FMCSA’s National Registry of Certified Medical Examiners to interpret regulations on physical qualifications for commercial drivers.
An ME is licensed, certified, and/or registered in accordance with state laws and regulations to perform physical examinations and must also be knowledgeable of the physical and mental demands associated with operating a truck.
“Other health care professionals, such as treating providers and specialists, may provide additional medical information or consultation, but the ME ultimately decides whether the driver meets the physical qualification standards of FMCSA,” according to the agency.
FMCSA also emphasized that, unlike regulations, the recommendations and guidance in the handbook “do not have the force and effect of law and are not meant to bind MEs, drivers or the public in any way. Rather, such guidance itself is only advisory and not mandatory.”
FMCSA first posted the MEH on its website in 2008 but had to withdraw it in 2015 because some of the information was “obsolete or was prescriptive in nature,” according to FMCSA, and therefore MEs and training organizations were told not to consider the MEH as guidance to interpret federal regulations.
Potential for sleep apnea rulemaking
While federal regulations do not include specific requirements related to testing drivers for obstructive sleep apnea (OSA), “the big question is whether FMCSA will use [the MEH] as a potential launchpad for a formal rulemaking on OSA,” P. Sean Garney, co-director of Scopelitis Transportation Consulting, told FreightWaves.
To address the issue, FMCSA would have to go through a formal rulemaking process, Garney noted. In 2016, FMCSA and the Federal Railroad Administration (FRA) issued an advanced notice of proposed rulemaking on OSA, but the Trump administration withdrew the proposal in 2017. “The agencies believe that current safety programs and FRA’s rulemaking addressing fatigue risk management are the appropriate avenues to address OSA,” the agencies stated at the time.
Over the last decade, however, “there is a lot more data available on [OSA], and the industry’s take on the issue has evolved as well. The time could be right,” Garney said.
FMCSA addresses OSA in the handbook by providing a link to recommendations made in 2016 by the Medical Review Board, an advisory committee to the agency. It includes suggestions on risk factors, screening, testing and medical certification of drivers with OSA.
Comments on the draft handbook must be received on or before Sept. 30.
C.D
Do not go to Concentra in Houston off beltway they look at me and told if I didn’t weigh less than 200 lbs I could not go to the back. I’ve pass the test in recent years same weight, same bmi but this Practitioner has a problem with me been out of work for 2 months. Went to another clinic paid 95 dollars was certified less than a hour. But my job deals with Concentra only so they want except my approved cert. I don’t know what to do. No work no money.
Will morrison
I was forced onto a apap by a mickey mouse at home test. I used to be a well rested 8 hour a night sleeper. After 2 years on apap I still go to work tired and theow the mask on the floor at the 4 hour mark every night because it keeps me awake. If they really cared they would get away from 70 hour weeks week in and week out but hey. Theres no money in that. No kickbacks and vacations for dot Drs who make everyone take a sleep study. The fmcsa is just as corrupt as the rest of government.
noora
Makes 💵$340 to 💵$680 per daydf online work and I received 💵$21894 in one month online acting from home. I am a daily student and work simply one to a pair of hours in my spare time. Everybody will do that job and online ask extra cash by simply
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Calvin
Main goal is to stifle the transportation of goods in the United States. Agenda driven!
Marvin Cubit
Not everyone that is large in stature has sleep apnea. So why should we be charged for a sleep test just because of our size?
Anthony Green
It should apply to Bus Drivers as well,got that Greyhound?
Dale drabek
No matter what rules they put out there within a year they change them. They No little to nothing about the trucking industry
Morris
It not a law I’m not doing it nobody’s going to force me to do it and that’s the government’s going to pay for the deal I’m not paying their copay the government wants it they need to make it law and they need to pay for every truck driver and take it not expected to come out of their pockets