{"id":1508,"date":"2017-09-29T17:33:52","date_gmt":"2017-09-29T17:33:52","guid":{"rendered":"http:\/\/quicktransportsolutions.com\/blog\/?p=1508"},"modified":"2017-09-29T17:33:52","modified_gmt":"2017-09-29T17:33:52","slug":"the-new-paradigm-on-sleep-apnea-for-truck-drivers-too","status":"publish","type":"post","link":"https:\/\/quicktransportsolutions.com\/blog\/the-new-paradigm-on-sleep-apnea-for-truck-drivers-too\/","title":{"rendered":"The New Paradigm On Sleep Apnea For Truck Drivers Too"},"content":{"rendered":"

Although sleep apnea in trucking is not a new topic, it\u2019s come back to the forefront with a force, the United States Supreme Court has declined to hear a wrongful termination suit filed against a certain fleet carrier. In declining to hear the suit, the decision could create a legal precedent allowing for carrier-mandated sleep apnea testing.<\/p>\n\n\n\n
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But what are the details behind this case<\/a> the Supreme Court refuses to hear?<\/p>\n

In 2013, a truck driver sued the company he worked for based on a wrongful termination after he refused to take a sleep apnea test. All of this stemmed from the company changing their policy in 2010 to include a mandatory sleep apnea test.<\/p>\n

They based the change on whether the truck driver had a BMI of 35 or greater. According to the BMI index, a BMI of 25 to 29.9 qualified a person as overweight, anything over 30 is considered obese.<\/p>\n

The employee in question even brought a note from his doctor explaining that further testing was not necessary at this point, but the company refused to recognize the note. When the employee refused to take the test, the carrier suspended him indefinitely.<\/p>\n

When asked, the employee\u2019s attorney stated that the person in question had never been involved in any accidents nor had he exhibited any issues with fatigue in the past. As a matter of fact, he had even been given a safe driving award by a previous employer.<\/p>\n

The lawsuit brought before the court was filed claiming discrimination under the Americans with Disabilities Act. When the case made it to the 8th<\/sup> Circuit Court of Appeals, the court ruled in the company\u2019s favor.<\/p>\n

In their ruling the court stated that since sleep apnea could pose a major risk to the safety of the driver and those on the road, the company\u2019s request for a medical examination was valid. It went on to state that the trucker\u2019s high BMI made him at greater risk for sleep apnea and potential road injury.<\/p>\n

Since the Supreme Court decided to pass on the case, the original court\u2019s ruling will remain upheld. This means other motor carriers contemplating a similar measure have free rein to create similar edicts. Does this mean these carriers can consider themselves free from future legal challenges, however? Well, not exactly.<\/p>\n

What is Sleep Apnea?<\/strong><\/p>\n

For those unfamiliar with sleep apnea, it quite literally comes from the Greek root for the word \u201capnea\u201d, which quite literally means \u201cwithout breath.\u201d The most common type of apnea is called obstructive sleep apnea, in which a sleeping patient\u2019s tongue falls back against his or her soft palate. Which has a result of effectively closing the airway.<\/p>\n

People who suffer from sleep apnea often find themselves stopping and starting breathing repeatedly throughout the night, sometimes for 30 seconds to a minute or even longer. In most cases, the person suffering from sleep apnea doesn\u2019t even know this is happening because the breathing stoppage doesn\u2019t cause a full awakening. Still, it does cause other health problems down the road.<\/p>\n

A common sign of sleep apnea is when one is finding themselves fighting sleepiness during the daytime, whether at work or in other situations. At quiet moments in the day, one may find themselves drifting or unwittingly falling asleep. Another sign of sleep apnea is if one snores loudly at night or makes gasping or choking sounds as they sleep.<\/p>\n

Other potential signs include:<\/p>\n