Sleep Study 'battle'

Topic 7017 | Page 2

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Rick S.'s Comment
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Important to note that, absent an actual regulation in 49 CFR 391.41 - there are no "requirements" that are enforced by FMCSA/DOT.

This is probably where they try to justify the OSA junk:

(5) Has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his/her ability to control and drive a commercial motor vehicle safely;

And even that is somewhat of a "leap" - because you actually don't have a "clinical diagnosis", until they use the "arbitrary BMI #", to justify sending someone FOR a "clinical diagnosis" - a simple "suspicion" based on BMI - meh.

While there are suggestions and hints at upcoming regulations - the resistance to this by the industry

Which is what leaves the sorry taste of SCAM in my mouth, every time this subject comes up.

I'm glad this is working out for you. Hopefully, they give you a TWO YEAR - since you are certainly ENTITLED TO IT - based on the simple fact that there is NO REGULATION and no regulation or advice from DOT/FMSCA with regards to OSA thresholds, that can be used to justify DENYING YOU a two year card.

Flip side of this is still - OSA can present a serious safety risk, swell as a health risk. But it's just as easy for someone like me, to drop some weigh (which I need to do anyway) and get down below the (arbitrary) BMI threshold, that would trigger an DOT M.E. to require a sleep study or deny me a card.

For people that spend 2-3 days riding the greydog - just to be denied because of some number - or be forced to do a "sleep study" and purchase a CPAP where their OSA doesn't even require it (since there is no regulatory threshold for REQUIRING IT), still seems a bunch of Voodoo Magic scamery.

At 5'5"/210 - 34.9 @ 200 - I'm a 33.3 - @ 190 a 31.6. So I could still be considered OBESE @ 200 - but below the BMI threshold. Or I could starve myself for a week or two - and get down to 195 and a 32.4 - almost a whole point - for 5 lbs. Don't think that 5 or 10 lbs is going to make that much of a difference in an OSA diagnosis - but it will get me a 2 year card, with no hassles.

I wonder - does the company that does this (no names, but we know PRIME IS ONE), make you return back to their clinic annually (or every two years) when it comes time to RENEW? Or can you just go anywhere to get your renewal?

My DOT examiner screwed me over on my last renewal for BP. I was able to get it down under the 140/90 threshold - and they still only gave me a 1 year card. Now, I didn't mind going to my primary and getting on some mild BP meds to get down below that threshold - and it IS IN MY HEALTH INTEREST to manage my BP (which will go away, when I drop the extra 50 lbs I'm lugging around) - but I scored a 140/102 unmedicated - which should have gotten me the 1 year card without meds and 3 return visits. A matter of the nurse-practitioner not being familiar with the rules - and wouldn't budge - even when I showed them to her.

Rick

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
  • CSA:

    Compliance, Safety, Accountability (CSA)

    The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

    FMCSA:

    Federal Motor Carrier Safety Administration

    The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

    What Does The FMCSA Do?

    • Commercial Drivers' Licenses
    • Data and Analysis
    • Regulatory Compliance and Enforcement
    • Research and Technology
    • Safety Assistance
    • Support and Information Sharing

    DOT:

    Department Of Transportation

    A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

    State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

    BMI:

    Body mass index (BMI)

    BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:

    • Underestimate body fat for older adults or other people with low muscle mass
    • Overestimate body fat for people who are very muscular and physically fit

    It's quite common, especially for men, to fall into the "overweight" category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention.

    CPAP:

    Constant Positive Airway Pressure

    CPAP is a breathing assist device which is worn over the mouth or nose. It provides nighttime relief for individuals who suffer from Sleep Apnea.

    Fm:

    Dispatcher, Fleet Manager, Driver Manager

    The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
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