Larry Bucshon: “This legislation is simple, but has the potential to save the trucking industry nearly $1 billion. If the Department of…”

“This legislation is simple, but has the potential to save the trucking industry nearly $1 billion. If the Department of Transportation--specifically the Federal Motor Carrier Safety Administration--decides they want to weigh in on sleep apnea, they need to do so by a rulemaking process. On April 20, 2012, FMCSA published a Federal Register notice that stated FMCSA was going to publish regulatory guidance related to sleep apnea. Subsequently, as has been mentioned, they decided to go through the rulemaking process. But I still believe this bill is necessary to codify that position into law and give the opinion of Congress to FMCSA on this issue. The problem with issuing guidance instead of traditional rulemaking is that guidance is nonbinding and open to interpretation. When somebody with a commercial driver's license goes to a physician to get a physical, the doctor can follow the guidance and recommend a sleep apnea test. Sleep apnea tests cost thousands of dollars, and the cost would be shifted to the employer of the driver, or if they are an independent driver, to themselves. If the doctor chose to ignore the guidance, they would be open to possible legal actions. I know from experience that most physicians already practice defensive medicine, and any guidance related to this issue would only drive up the cost of medicine and hurt an industry that is already facing high unemployment.…”