FEDERAL REGULATIONS IN THE NEAR FUTURE WILL MANDATE TRUCK AND BUS DRIVERS IN SAFETY SENSITIVE POSITIONS TO BE TESTED FOR SLEEP DISORDERS TO DECREASE CRASH RATES AND FATALITIES

In the past, I have written much on my blog about the duties owed by common carriers, including but not limited to commercial bus companies and their drivers and trucking companies and their drivers, to the public to make sure that such safety sensitive positions require testing for drugs, alcohol and common sleep disorders.

It has been determined that many truck drivers, bus drivers and railroad workers suffer from a disorder known as obstructive sleep apnea that is a major cause of excessive daytime sleepiness that leads people to fall asleep while sitting, reading, and even driving. According to yearly statistics, more than 13,000 fatalities and 70,000 injuries are directly caused by drowsy driving. Surprisingly, 53% of Americans report driving while drowsy and another 19% have reported nodding off while behind the wheel. Another 23% of American drivers claim to personally know of someone who has crashed due to drowsy driving.

The Federal Motor Carrier Safety Administration (FMCSA) has taken positive action. This government organization has established a medical expert panel on sleep apnea to determine the prevalence and effect of sleep apnea on commercial truck drivers. A nationally known sleep expert, Dr. Mark Mahowald, Director of The Minnesota Regional Sleep Disorders Center and past President of The American Academy of Sleep Medicine, states that it is absolutely indefensible that Federal Highway Safety officials do not have commercial truck and bus drivers screened for sleep disorders. “This is a major safety issue. There is no reason not to enact guidelines to check drivers.”

In a study performed at The University of Pennsylvania, 406 licensed truck drivers were examined and research has found that 13% of all truckers routinely skimped on sleep and nearly 5% had severe sleep apnea and those truckers performed worse on reaction and driving tests. An article by Dr. Allan Pack of The University of Pennsylvania published in the American Journal of Respiratory Critical Care Medicine states “we identified some very impaired people.” Researchers mailed surveys to about 4,800 people with a commercial driver’s license living near Philadelphia. Approximately 1,300 truckers completed the surveys and Dr. Pack invited them to The University of Pennsylvania sleep lab for testing. A total of 406 drivers agreed to be tested and those truckers rated their sleepiness, spent a night in a sleep lab to check for sleep apnea, and kept sleep hours and wore activity monitors for a week. Many of the truckers scored as poorly on these tests as a result of lack of sleep as people have after drinking alcohol.

Recently a medical expert panel established by the FMCSA has recommended that the Federal Motor Carrier Safety Administration will incorporate a method to determine excessive daytime sleepiness in CMV medical report form. The FMCSA is currently reviewing data to determine to appropriate re-certification process to be launched in the next 24 to 36 months. Certain physical features, such as excessive weight, indicate one is more likely to suffer from sleep apnea. A BMI of 30 or greater (i.e. 220 lbs for a 6 foot tall person) puts people at a higher risk of developing obesity-related medical conditions such as sleep apnea.

A medical review board of the Federal Motor Carrier Safety Administration has recommended that commercial driver license holders with a mass body index of 30 or higher be referred for sleep apnea testing. However, at this point there is no timetable for action on this recommendation.

The goal of the Federal Motor Carrier Safety Administration is to reduce commercial motor vehicle related fatalities, as well as the number of persons injured in and by commercial vehicle related crashes by 50% by the year 2010. The FMCSA has a slogan that says “staying awake means staying alive”.

Weighing in as an experienced lawyer handling trucking and common carrier accident cases for almost 30 years, I am more than delighted that the FMCSA is taking steps towards researching and testing relative to motor carrier and bus safety security in an attempt to reduce the number and severity of commercial motor vehicle crashes. At the Philadelphia truck accident law firm of Reiff and Bily, we have handled cases involving many truck drivers and common carrier drivers that explained in their testimony that they were drowsy or had fallen asleep at the wheel. This has resulted in serious and catastrophic injuries, if not death. We are pleased that active testing and diligence is being directed towards sleep apnea testing, as this represents a positive measure for automotive safety in the prevention of catastrophic injuries.

The Philadelphia truck accident law firm of Reiff and Bily has been representing clients injured by semi-trucks, tractor trailers, 18 wheeler trucks, delivery trucks and common carriers in Pennsylvania since 1979. We are a nationally recognized truck accident and personal injury law firm that is committed to obtaining the best possible result for our client. Truck drivers of 18 wheeler trucks, semi-trucks and common carriers must abide by both Pennsylvania and Federal regulations. The leading cause of truck accidents still remains driver fatigue and improperly maintained trucks and parts.

If you or a loved one has been injured by a truck driver or trucking company due to their negligence or non-compliance with Federal or Pennsylvania laws or if you have lost a loved one in a trucking accident, contact our experienced trucking accident lawyers for a free consultation. We have the experience and resources to properly prepare and litigate a truck accident claim. Call us for a free consultation at 1-800-421-9595 or contact us online at www.reiffandbily.com. Time is of the essence. You may need to act immediately to preserve evidence in your trucking accident case.