AR31

An Assembly Resolution urging federal officials to reconsider withdrawing the advance notice of proposed rulemaking concerning “Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea.”

Whereas, On March 10, 2016, the Federal Motor Carrier Safety Administration (FMCSA) and the Federal Railroad Administration (FRA) issued a joint advance notice of proposed rulemaking and request for public comments concerning “Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea” (OSA ANPRM); and

Whereas, According to the OSA ANPRM, obstructive sleep apnea (OSA) is a respiratory disorder that is characterized by a reduction or cessation of breathing during sleep and repeated episodes of upper airway collapse, which can cause the affected person to awaken partially and, if undiagnosed or inadequately treated, can result in deficits in attention, concentration, situational awareness, and memory; and

Whereas, People who suffer from undiagnosed OSA are often unaware that they have experienced interrupted sleep from difficulty breathing and OSA is often underdiagnosed; and

Whereas, The OSA ANPRM requested “data and information concerning the prevalence of moderate-to-severe…[OSA] among individuals occupying safety sensitive positions in highway and rail transportation, and on its potential consequences for safety of rail and highway transportation”; and

Whereas, The OSA ANPRM also sought, in part, information concerning the “costs and benefits of requiring motor carrier and rail transportation workers in safety sensitive positions who exhibit multiple risk factors for OSA to undergo evaluation and treatment by a healthcare professional with expertise in sleep disorders”; and

Whereas, The OSA ANPRM provides examples of accidents where the National Transportation Safety Board (NTSB) determined that OSA was a factor in causing a motor carrier or train accident or near-accident, including the December 1, 2013 Metro-North Railroad derailment in which a southbound Metro-North passenger train derailed near Spuyten Duyvil Station in New York City, resulting in over 60 injured passengers and four fatalities; and

Whereas, The NTSB concluded that the probable cause of the Metro-North accident “was the engineer’s noncompliance with the 30-mph speed restriction because he had fallen asleep due to undiagnosed severe obstructive sleep apnea exacerbated by a recent circadian rhythm shift required by his work schedule”; and

Whereas, The lawyer of the train engineer who was involved in the September 29, 2016 Hoboken Terminal accident that resulted in one fatality and approximately 110 injured passengers and crewmembers has indicated that the train engineer had undiagnosed severe sleep apnea; and

Whereas, The FMCSA and FRA stated in the OSA ANPRM that they believed that regulatory action may be necessary “[b]ased on the potential severity of OSA-related transportation incidents and accidents, and the varied, non-regulatory, OSA-related actions taken by the Department’s Operating Administrations to date” and that “the Agencies are considering taking regulatory action to ensure consistency in addressing the safety issue presented by transportation workers with safety sensitive duties who are at risk for OSA”; and

Whereas, The NTSB has recommended that the FRA “[r]equire railroads to medically screen employees with safety-sensitive positions for sleep apnea and other sleep disorders” and, according to news reports, an NTSB spokesperson stated that OSA “has been in the probable cause of 10 highway and rail accidents investigated by the NTSB in the past 17 years and …[OSA] is an issue being examined in several, ongoing, NTSB rail and highway investigations”; and

Whereas, On August 8, 2017, the FMCSA and FRA withdrew its OSA ANPRM stating, in part, that the “current safety programs and FRA’s rulemaking addressing fatigue risk management are the appropriate avenues to address OSA”; and

Whereas, Since OSA has been a factor in causing motor carrier and train accidents which have resulted in fatalities and injuries, it is in the interest of the traveling public and residents of this State that the Administrator of the FMCSA and Administrator of the FRA reconsider withdrawing the joint advance notice of proposed rulemaking concerning “Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea”; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey:

1. This House urges the Administrator of the Federal Motor Carrier Safety Administration and Administrator of the Federal Railroad Administration to reconsider withdrawing the joint advance notice of proposed rulemaking concerning “Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea.”

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the Administrator of the Federal Motor Carrier Safety Administration, Administrator of the Federal Railroad Administration, U.S. Secretary of Transportation, and President of the United States.

STATEMENT

This resolution urges the Administrator of the Federal Motor Carrier Safety Administration and Administrator of the Federal
Railroad Administration to reconsider withdrawing the joint advance notice of proposed rulemaking concerning “Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea.”