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The Journal Gazette

  • Associated Press photos A passenger train lies on its side Dec. 1, 2013, in the Bronx borough of New York City after derailing, killing four people. The engineer suffered severe obstructive sleep apnea, federal regulators determined.

  • Engineer William Rockefeller, being wheeled from the crash site, said he felt dazed before the crash. The railroad found that 11.6 percent of its engineers have sleep apnea.

Wednesday, August 09, 2017 1:00 am

Experts: No sleep testing risks lives

MICHAEL BALSAMO and MICHAEL R. SISAK | Associated Press

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 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. One railroad that does test, Metro-North in the New York City suburbs, found that 11.6 percent of its engineers have sleep apnea.

The decision to kill the sleep apnea regulation is the latest step in President Donald Trump's campaign to drastically slash federal regulations. The Trump administration has withdrawn or delayed hundreds of proposed regulations since he took office in January – moves the Republican president has said will help bolster economic growth.

Sleep apnea 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.

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 regulatory 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.

“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,” NTSB spokesman Christopher O'Neil said.

Metro-North and the Long Island Rail Road started testing 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 New Jersey Transit train that slammed into a station in Hoboken last September, killing a woman, also suffered from undiagnosed sleep apnea, according to his lawyer.@_ID/NormalParagraphStyle:

Senate Minority Leader Chuck Schumer said he will push the federal agencies to reconsider withdrawing the proposed regulation.