The United States Supreme Court will not hear an appeal filed by a driver challenging the sleep apnea program of its employer, an interstate motor carrier, leaving in place the 8th Circuit ruling that the program did not violate the Americans with Disabilities Act (42 U.S.C. 12101, et seq.), as charged by the driver.
In 2010, the motor carrier initiated a program requiring drivers with a body mass index of 35 or greater to participate in sleep apnea testing. In this case, the driver, who passed a Commercial Driver Fitness Determination administered by his personal doctor, twice refused to submit to the testing leading to his firing. The driver sued the motor carrier claiming that the testing violated drivers' rights under the Americans with Disabilities Act.
The 8th Circuit Court of Appeals agreed with the motor carrier that (1) sleep apnea increases the risk of accidents; (2) that a sleep apnea test was the best way to diagnose the condition; (3) that high body mass index is correlated with sleep apnea; and (4) that sleep apnea can be treated resulting in fewer fatigue-related accidents. The Court held that the motor carrier's program was "consistent with business necessity" because the program determined if a driver had sleep apnea, "a condition that poses a public safety hazard."
A 2002 study by the University of Pennsylvania found that 28% of commercial truck drivers have mild to severe sleep apnea. Drivers with untreated sleep apnea are more likely to be involved in fatigue-related accidents, because the condition affects the quality of their sleep and thus their ability to stay alert and attentive while driving.
Currently, FMCSA regulations do not mandate driver sleep apnea testing. However, last year, the FMCSA Medical Review Board recommended a rule requiring drivers with body mass index greater than 33, along with other health related concerns, to submit to a sleep apnea study.
A drivers' health is an area of focus for plaintiff's counsel in any tractor-trailer accident. The Court's endorsement of the motor carrier's program could pave the way for a future FMCSA regulation on this issue. Regardless as to the FMCSA's action, it is clear that sleep apnea testing programs benefit the driver, by addressing a potentially life-threatening health condition, and the carrier, by avoiding future fatigue-related accidents and the associated costs.