Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Sleep Apnea Can Create Legal Risks for Trucking Companies

Sleep apnea is a public health problem and a truck safety problem that could soon morph into a legal problem for the trucking industry, experts say. Three in 10 truck drivers suffer from mild to severe sleep apnea, says Anne Ferro, chief of the Federal Motor Carrier Safety Administration. "Drivers with severe sleep apnea are at greater risk of being involved in a crash," Ferro said in remarks at a conference on the disorder last month

by Staff
May 27, 2010
Sleep Apnea Can Create Legal Risks for Trucking Companies

 

6 min to read


Sleep apnea is a public health problem and a truck safety problem that could soon morph into a legal problem for the trucking industry, experts say.

Three in 10 truck drivers suffer from mild to severe sleep apnea, says Anne Ferro, chief of the Federal Motor Carrier Safety Administration.

"Drivers with severe sleep apnea are at greater risk of being involved in a crash," Ferro said in remarks at a conference on the disorder last month.

Apnea promotes fatigue, and fatigue is estimated to be an associated factor in 13 percent of all truck crashes and 28 percent of single vehicle crashes, she said.

Fertile Soil For Litigation

At the one-day conference, hosted by the American Sleep Apnea Association and sponsored by FMCSA and American Trucking Associations, Attorney Clay Porter of the Atlanta firm Dennis, Corry, Porter & Smith, said that the sleep apnea problem is fertile soil for plaintiff's attorneys involved in truck accident lawsuits.

He has not seen it happen yet, but Porter predicted that sleep apnea is going to become a complicating factor for trucking companies involved in fatigue-related accident litigation.

"It's now possible to demonstrate that a carrier can be aware that a certain percentage of his driver population is likely to suffer from this condition, which will create fatigue," he said. "This opens the door for a plaintiff's attorney to say there is a lack of management at this company on fatigue issues."

Porter said this circumstance arises from a transition in truck litigation over the past five years toward a much more dangerous environment for companies, as plaintiff's attorneys share information about carriers, driver health and fatigue.

"Plaintiff's attorneys can show driver health reports that indicate the driver had symptoms of sleep apnea before an accident that a carrier should have caught."

Regulatory Guidance

Porter's warning underscored a theme that emerged from the conference: sleep apnea is a problem that requires regulatory attention and action by individual trucking companies, as well as a collective raising of the industry's consciousness about driver health and wellness.

Don Osterberg, senior vice president of safety at Schneider National and an industry leader in sleep apnea treatment, delivered this message to FMCSA: "We need some regulatory guidance. I have to make decisions about levels of treatment and I'm not really qualified to make that decision."

FMCSA's current rules were written more than a decade ago before sleep science became a mainstream discipline and do not explicitly require testing and treatment for sleep apnea.

The issue is covered through a requirement that a driver not have a respiratory dysfunction that impairs his performance.

The agency is working on a final rule due before the end of the year that will establish new standards for Medical Examiners that are intended, in part, to heighten examiners' awareness of sleep apnea.

In general, the agency is looking at recommendations from its Medical Review Board regarding more than a dozen different driver health concerns, including diabetes, cardiovascular disease, seizure disorders, renal disease and musculoskeletal disease as well as sleep disorders.

The Board does not think that a diagnosis of sleep apnea should necessarily bar a driver from certification, but that certification should be conditioned on the severity of the apnea and its impact on a driver's sleepiness, or on whether the driver is getting the treatment he needs.

The Board has recommended that all drivers be screened for obstructive sleep apnea. It has posted a long and detailed list of specific criteria for denying medical certification, including having been involved in a crash associated with falling asleep at the wheel and failing to comply with prescribed sleep apnea treatment.

Of particular interest are the Board's recommendations regarding overweight drivers. Doctors say obesity can be an indicator of sleep apnea although it is not necessarily decisive - other factors such as age and blood pressure are also important.

FMCSA is considering these recommendations but a specific sleep apnea rule would require more scientific data than is now available.

This is a point that is stressed by the owner-operator segment of the industry, in particular, which is alarmed by the possibility of drivers being sidelined as a consequence of what they see as unproven judgments about fatigue.

"We want to be sure that if someone is going to be denied employment, that it's for a scientifically valid reason," said Ray Warshaw, speaking on behalf of the Owner-Operator Independent Drivers Association at the conference.

Fatigue Management

Meanwhile, trucking companies are starting to take the issue into hand themselves.

Schneider probably is the industry's trend-setter in the area of fatigue management. Osterberg in remarks at the conference outlined a program that the company has built piece by piece over a number of years.

Early on the company did a study of 339 drivers who had been treated for sleep apnea, he said. They looked at performance 12 months before and 12 months after treatment, and found a 30 percent reduction in crash rates and a 48 percent reduction in the median cost of crashes.

Schneider uses a third party, Precision Pulmonary Diagnostics, to screen all driver applicants, do a sleep study on those who test positive, provide treatment if necessary, and follow up for as long as 90 days.

It's expensive: the initial screening is only around $200 but the overall cost can run up to $3,500 if a driver needs to be treated and monitored. Osterberg considers it money well spent, in a practical and ethical sense.

There were a number of trucking companies at the conference looking for more information on this issue. Among them was J.B. Hunt, which is developing its own sleep apnea treatment program.

Debra Plumlee, special projects manager, explained that Hunt has partnered with apnea service providers SleepSafe Driver and FusionSleep to put together a company-wide voluntary program.

The company began by testing members of its management team with the same device its drivers would use, Plumlee said. This is being followed by a study of 100 drivers who are found to have sleep apnea. As of early April, the company had tested 74 drivers, of whom 56 were found to have the disorder.

When the study and treatment are done, the company plans to publish a paper on the data it has gathered, develop support groups for drivers, and commence the full voluntary program, Plumlee said.

Another carrier preparing to implement a program is British Columbia-based Coastal Pacific Xpress. Kevin Johnson of CPX explained that the sleep apnea effort is one element of a total driver health program.

"The idea is to make it as easy as possible for drivers to be aware of and address their health issues," he said.

For sleep apnea, he will use a Web-based screening service provided by a third party. If the screening comes back positive, the driver can take a self-administered overnight test that will be interpreted by a doctor who can prescribe a machine that provides continuous positive airway pressure while the driver is sleeping (known as a CPAP device). Monitoring of the treatment will be handled by wireless reporting from the CPAP machine to a web site.

"From sleep apnea and driver health, it's a very short step to a complete fatigue management program," Johnson said.

"For those who are waiting to be told what to do, I would encourage you not to wait," said Schneider's Osterberg. "We can hold ourselves to a very high standard, not to run from the litigation boogeyman but to understand that the real objective is to improve the welfare and safety not only of our own drivers but the motoring public as well."

More Safety & Compliance

Thumbnail for podcast episode
Safety & ComplianceMay 28, 2026

Short Takes: How K&B is Using AI

Fleets need to "get on board the train" with AI, says Lance Evans of K&B Transportation in this HDT Talks Trucking Short Takes episode.

Read More →
Thumbnail for podcast episode
Safety & ComplianceMay 28, 2026

Short Takes: Inside K&B’s Truck Safety Tech

Listen to learn how K&B Transportation uses cellphone-blocking technology, speed management systems, weather geofencing, bridge avoidance tools, and more to improve driver safety.

Read More →
Illustration with caution graphic in background and photos of autonomous trucks
Safety & Complianceby Jack RobertsMay 27, 2026

The Biggest Gap in Driverless Trucking Isn’t Tech. It’s Safety Validation

Nauto’s Stefan Heck says autonomous trucks are advancing quickly but proving they’re safe enough for large-scale deployment may be the industry’s hardest challenge.

Read More →
Ad Loading...
Illustration of rising costs with truck in background

Truck Crash Rates Are Down. So Why Do Insurance Costs Keep Rising?

ATRI’s latest research points to litigation, social inflation, and soaring claims costs as key drivers behind record-high liability premiums for trucking fleets. But there are things motor carriers can do.

Read More →
Safety & ComplianceMay 20, 2026

FMCSA Removes More Than a Dozen ELDs from Registered List

The FMCSA continues its efforts to fight electronic logging devices that don't meet federal requirements, removing more than a dozen from the registered ELD list in May.

Read More →
SCOTUS trucking broker verdict.
Safety & Complianceby Jack RobertsMay 19, 2026

How the Supreme Court Broker Liability Ruling Could Reshape Trucking’s Safety Landscape

The Supreme Court’s May 11 broker-liability ruling may not radically rewrite transportation law overnight. But industry experts say it will intensify pressure on brokers, carriers, and shippers to prove they are prioritizing safety.

Read More →
Ad Loading...

Recall of Fontaine Fusion Flatbeds Warns Owners Not to Use the Trailers

Some Fontaine Fusion flatbed trailer manufactured between February 2025, and March 2026 could have mainbeams weakened by hydrogen embrittlement because of a problem in the galvanizing process.

Read More →
Graphic with light bulbs, HDT Truck Fleet Innovators logo, and the word Nominations
Fleet ManagementMay 15, 2026

Deadline Extended for HDT Truck Fleet Innovators Nominations

Heavy Duty Trucking has extended the deadline for nominations for its Truck Fleet Innovators awards. The deadline has been extended to May 22.

Read More →
Illustration of U.S. Supreme Court building and a truck crash

Supreme Court Ruling Puts Freight Broker Vetting Practices in Spotlight

The unanimous SCOTUS ruling in the closely watched Montgomery v. Caribe case allows state negligence claims against freight brokers that hire unsafe motor carriers, raising new liability and vetting concerns among brokers.

Read More →
Ad Loading...
YouTube thumbnail illustration

The Truck Safety Tech K&B Transportation Says Is Making a Difference [Watch]

Can technology help prevent truck crashes? In this HDT Talks Trucking Short Takes episode, K&B Transportation explains how it’s using cameras, speed management tools, cellphone-blocking technology, and other systems to improve safety and reduce risk across its fleet.

Read More →