NEW YORK (CBSNewYork/AP) — U.S. officials are abandoning plans to require sleep apnea screening for truck drivers and train engineers, a decision that safety experts say puts millions of lives at risk.
The Federal Railroad Administration and Federal Motor Carrier Safety Administration said late last week that they are no longer pursuing the regulation that would require testing for the fatigue-inducing disorder that’s been blamed for deadly rail crashes in New York City and New Jersey and several highway crashes.
The agencies argue that it should be up to railroads and trucking companies to decide whether to test employees.
Sleep apnea can cause daytime drowsiness, and experts said the decision to stop testing could put millions of lives at risk.
The condition has bene blamed for multiple train derailments and crashes in the area, and The Metro-North Railroad found that 11.6 percent of its engineers suffer from it.
The decision to kill the sleep apnea regulation is the latest step in President Donald Trump’s campaign to slash federal regulations drastically. The Trump administration has withdrawn or delayed hundreds of proposed regulations since he took office in January — moves the president has said will help bolster economic growth.
Late last year, the FRA issued a safety advisory that was meant as a stopgap measure urging railroads to begin sleep apnea testing while the rules made their way through the legislative process. Without a regulation mandating testing, which would have needed approval from Congress, regulators couldn’t cite trucking companies or railroads if a truck or train crashed because the operator fell asleep at the helm.
Sleep apnea is especially troubling for the transportation industry because sufferers are repeatedly awakened and robbed of rest as their airway closes and their breathing stops, leading to dangerous daytime drowsiness. Treatments include wearing a pressurized breathing mask, oral appliances or nasal strips to force the airway open while sleeping. Some severe cases require surgery.
“It’s very hard to argue that people aren’t being put at risk,” said Sarah Feinberg, the former administrator of the FRA, who had issued the safety advisory in December. “We cannot have someone who is in that condition operating either a train going 70 mph or operating a multi-ton truck traveling down the interstate. It’s just not an appropriate level of risk to be exposing passengers and the traveling public to.”
The National Transportation Safety Board said it was disappointed the agencies decided to scrap the “much-needed rulemaking.”
“Obstructive sleep apnea has been in the probable cause of 10 highway and rail accidents investigated by the NTSB in the past 17 years and obstructive sleep apnea is an issue being examined in several, ongoing, NTSB rail and highway investigations,” NTSB spokesman Christopher O’Neil said.
The NTSB has long recommended sleep apnea testing for engineers, and Metro-North and the Long Island Rail Road started requiring it after finding the engineer in a 2013 Metro-North crash had fallen asleep at the controls because he had a severe, undiagnosed case of sleep apnea. The engineer, William Rockefeller, told investigators he felt strangely “dazed” right before the crash, which occurred as he sped through a 30 mph curve at 82 mph.
The engineer of a NJ TRANSIT train that slammed into a station in Hoboken last September, killing a woman, also suffered from undiagnosed sleep apnea, according to his lawyer.
As CBS2’s Jennifer McLogan reported, Long Island Rail Road commuters likewise were not pleased to hear about the testing requirement being set aside.
“It’s a danger to the people around them if like, they’re not tested for sleep apnea,” one man said.
“How do you not have them tested with everything going on?” a woman said.
“It seems odd that that would be one that they’re going to deregulate,” another woman added.
U.S. Senate Minority Leader Charles Schumer (D-New York) is now urging the Trump administration restore the planned sleep apnea testing in the name of public safety.
“Not the railroads, not the unions — no one that I’m aware of was pressuring them to get rid of this. They just did it,” Schumer said at a news conference on Long Island, “and I know they’re against – they ‘re saying there are too many regulations — but you’ve got to look at each one on an individual basis.”
He added, “We know from just recent examples that if there had been testing for sleep apnea there would be people alive walking the face of the earth today who are not unfortunately because the engineer had sleep apnea.”
When asked about the government’s contention that businesses could enact their own testing policies, the New York Democrat said: “Tell that to the families of the people who died in Spuyten Duyvil,” referring to the Bronx neighborhood where the Metro-North train crashed in 2013, killing four people.
Both the Federal Motor Carriers Administration and FRA said, “Current safety programs and rule-making regarding fatigue risk management are the appropriate ways to address sleep apnea.”
As a taxpayer, Jeffrey Smith of Mineola agrees.
“Absolutely,” he said, “I don’t like big brother, and I don’t need to be monitored.”
But when asked if he would have a problem if he were told he had to be tested, truck company manager Courtney Brown said, “No, I wouldn’t.”
With fluctuating work schedules and growing obesity, doctors at NYU Winthrop Sleep Disorder say one in four Americans suffer from sleep apnea.
“The patients we’re seeing are often snoring, waking up having difficulty breathing at night. feeling sleepy in the day, and not getting enough sleep — and that together can escalate collision risk,” said Dr. Qanta Ahmed of NYU Winthrop Hospital.
Train engineers are currently required to undergo vision and hearing testing at least every three years. Some railroads require annual physicals, but there are no federal standards for comprehensive medical exams. Many of the largest passenger railroads, including Amtrak, require engineers to undergo sleep apnea screening.
The Association of American Railroads, an industry group, said railroads are continuing to take steps to combat worker fatigue, including confidential sleep disorder screening and treatment.
A notice posted in the Federal Register said the Federal Motor Carrier Safety Administration would consider updating a 2015 bulletin to medical examiners about the physical qualifications standard and respiratory dysfunction. Duane DeBruyne, a spokesman for the agency, declined to answer questions about the NTSB’s concerns.
(© Copyright 2017 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)