Potential Sleep Apnea Rule Garners Praise, Criticism

In May, the US Department of Transportation's Federal Railroad Administration and Federal Motor Carrier Safety Administration launched a joint effort to gather input on ways to best prevent railway and roadway accidents caused by workers with obstructive sleep apnea (OSA), an issue that affects some 22 million adults nationwide. OSA is a respiratory disorder that can cause frequent breathing interruptions during sleep, robbing victims of restorative rest. This can cause problems with concentration, focus and alertness, significantly boosting the risk of accident and injury.

America answered the call, with a total of 593 comments submitted representing a wide range of viewpoints about whether the agencies should regulate the diagnosis and treatment of OSA for transportation workers in safety-sensitive positions. Most respondents agree that OSA is an important issue that needs to be addressed. But many criticized the option of mandating that carriers pay for tests and treatment that can cost thousands of dollars and often aren't covered by insurance.

Some recommended amending hours-of-service rules for commercial truck drivers to allow workers to stop and take naps without cutting into their on-duty time, and many urged improved screening for new railroad and trucking employees and those suspected of having OSA.

While an investigation is ongoing, some suspect that OSA may have been a factor in the recent crash of a New Jersey Transit train into a Hoboken Terminal. Engineer Thomas Gallagher told investigators he has no recollection of the accident and remembers only waking up on the floor of the train's cab after the crash. The accident killed one and injured more than 100 during the busy morning commute.

If you or someone you love is injured due to someone else’s negligence while working on or riding a train, call 888-519-RAIL to speak with a railroad injury attorney.