CDME Module 4: Respiratory-Department of Transportation. Notice of withdrawal of proposed rulemaking on evaluation of safety sensitive personnel for moderate-to-severe obstructive sleep apnea (OSA)

Department of Transportation. Notice of withdrawal of proposed rulemaking on evaluation of safety sensitive personnel for moderate-to-severe obstructive sleep apnea (OSA)

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The Federal Motor Carrier Safety Administration (FMCSA) and Federal Railroad Administration (FRA) have announced the withdrawal of the March 2016 advance notice of proposed rulemaking (ANPRM) regarding the evaluation of safety sensitive personnel for moderate-to-severe obstructive sleep apnea (OSA). The ANPRM was issued to address the prevalence of OSA among individuals in safety sensitive positions in highway and rail transportation, as well as its potential consequences for transportation safety. The Agencies have decided not to issue a notice of proposed rulemaking at this time.<br /><br />The decision to withdraw the ANPRM was based on the belief that current safety programs and FRA's rulemaking addressing fatigue risk management are the appropriate avenues to address OSA. FMCSA will consider updating its January 2015 'Bulletin to Medical Examiners and Training Organizations Regarding Obstructive Sleep Apnea' regarding the physical qualifications standard and related advisory criteria concerning respiratory dysfunction. This update would use the August 2016 Medical Review Board recommendations as a basis.<br /><br />FMCSA will also continue to recommend the use of the North American Fatigue Management Program (NAFMP) for drivers and employers to address fatigue while maintaining a healthy work-life balance. FRA is aware of several railroads implementing OSA identification and treatment programs and anticipates these programs will help define their role in addressing OSA in the industry.<br /><br />Both Agencies will continue monitoring the voluntary OSA programs and implementation of fatigue risk management plans in order to assess the need for any further action. If regulatory action is determined to be necessary in the future, the Agencies will consider it at that time.

Asset Caption

Federal Register. August 8, 2017;37038-9

Keywords

Federal Motor Carrier Safety Administration

FMCSA

Federal Railroad Administration

FRA

withdrawal

advance notice of proposed rulemaking

obstructive sleep apnea

OSA

safety sensitive personnel

transportation safety