Passenger Trains > Schumer: test all LIRR engineers for sleep apnea

Senator Chuck Schumer (D-NY) called for all Long Island Rail Road engineers to be tested for sleep apnea in the wake of a recent bumper over ride in Brooklyn terminal.  The Minority Leader demanded to know why the MTA has not expanded the testing of all its engineers and operators (subway, too) in the wake of recent crashes.

Senator Schumer has had an occasionally testy relationship with NY Governor Andrew Cuomo, who controls the MTA (Metro-North, LIRR, subways, buses), so this may suggest he is very concerned. The Gov recently hired several political operatives for a possible 2020 national campaign, as has Mayor Bill deBlasio.


LIRR

LIRR has had 2 wrecks in the last couple of months with many injuries. One due to protruding MofW equipment that may have totalled 4 MU cars, and now the Brooklyn Terminal "Hoboken-lite" wreck.

Cuomo does not like being shown up his railroads are subject to such criticism. Second Avenue Subway fluff is what he likes.

I strongly resent the Government mandating more testing, when it's not warranted.  This man has a problem, so don't throw us all under the bus.  

I demand that all Senators now take lie detector tests to prove that they still deserve to be in office.  I know many of the them are honest, but I don't care.  Test them all.

Start with Schumer.

coach Wrote:
-------------------------------------------------------
> I strongly resent the Government mandating more
> testing, when it's not warranted.  This man has a
> problem, so don't throw us all under the bus.  
>
> I demand that all Senators now take lie detector
> tests to prove that they still deserve to be in
> office.  I know many of the them are honest, but
> I don't care.  Test them all.

You're a truck driver. Do you resent having to have a current medical to do your job?
The reason you have to have that medical was because of the actions of your fellow drivers in the past.

So I have a quetion. If someone comes up positive for sleep apnea AND they are being treated by wearing a device at night etc. - what happens? Even if you are being "treated" would that jeopardize your job? It was recently mentioned to me that I may have sleep apnea, yet if I test positive I plan on getting treatment (wearing that night pack thing). If worked for a RR or Trucking company, would that now put me in jeopardy of my job? I take blood pressure medication. One could deduct that I am prone to have a heart attack. But the medication is trying to prevent that so that doesn't really play into anything. Is that how sleep apnea would be viewed IF  someone tested positive. This could be a really slipper slope.

.



Edited 1 time(s). Last edit at 05/19/17 00:23 by darkcloud.

jp1822 Wrote:
-------------------------------------------------------
> So I have a quetion. If someone comes up positive
> for sleep apnea AND they are being treated by
> wearing a device at night etc. - what happens?
> Even if you are being "treated" would that
> jeopardize your job? It was recently mentioned to
> me that I may have sleep apnea, yet if I test
> positive I plan on getting treatment (wearing that
> night pack thing). If worked for a RR or Trucking
> company, would that now put me in jeopardy of my
> job? I take blood pressure medication. One could
> deduct that I am prone to have a heart attack. But
> the medication is trying to prevent that so that
> doesn't really play into anything. Is that how
> sleep apnea would be viewed IF  someone tested
> positive. This could be a really slipper slope.

Don't know about the RR, but for trucking when you get your DOT phys, you need to show the doctor a 90 day download of the chip that measures compliance and as long as the numbers are in the parameteers, you should be could to go. Same with blood pressure, they don't care if your taking meds,as long as the numbers are good. The only difference is you get a one year card rather than a two year.

And for trucking, the criteria for testing is body mass, weight, neck size and family history.

Posted from Android

Doug Wetherhold
Macungie, PA

In this thread from a few days ago, this employee describes what happens if you have sleep apnea, have it treated, and get your doctor's OK to return to work.  If the company says NO, you're out of luck. Collect your unemployment, and then look for something else.

TrainOrders

In many non-rail companies, the process could be a little different.  The sleep apnea would be considered as a temporary disability while you were being treated. You would be off work, but paid under disability, prob 66% of pay, depends on the arrangement. . If your doctor pronounced you qualified for work, you could go back.  If the employer declined to take you back on account of the apnea,  you would likely qualify for a disability related pension.



 

To answer PHall, I don't resent that I have to get a phys, because I've seen drivers that are a such a physical disaster I don't know how they even climb in the truck. I resent the fact that the doctors have to blindly follow numbers in a book without giving any consideration to the individual person's situation.

Posted from Android

Doug Wetherhold
Macungie, PA

Lackawanna484 Wrote:
-------------------------------------------------------
> In this thread from a few days ago, this employee
> describes what happens if you have sleep apnea,
> have it treated, and get your doctor's OK to
> return to work.  If the company says NO, you're
> out of luck. Collect your unemployment, and then
> look for something else.
>
> TrainOrders
>
> In many non-rail companies, the process could be a
> little different.  The sleep apnea would be
> considered as a temporary disability while you
> were being treated. You would be off work, but
> paid under disability, prob 66% of pay, depends on
> the arrangement. . If your doctor pronounced you
> qualified for work, you could go back.  If the
> employer declined to take you back on account of
> the apnea,  you would likely qualify for a
> disability related pension.
>
>
>
>  

For trucking, if the numbers aren't absolutely horrible, most times you can get a temp. med. card (usually 30,60 or 90 days) to keep you working while you get whatever the issue is taken care of then go back for another phys.

Posted from Android

Doug Wetherhold
Macungie, PA

Thanks, I should have been clearer in my non-rail generalization.  I intended to cover non-transportation or safety etc employees.

It's interesting that trucking uses a temporary ticket, while rail doesn't, during the treatment phase.

It's at the discretion of the Dr. My numbers are just enough that I'm on the radar, so that usually helps.

Posted from Android

Doug Wetherhold
Macungie, PA

ALCO630 Wrote:
-------------------------------------------------------
> To answer PHall, I don't resent that I have to get
> a phys, because I've seen drivers that are a such
> a physical disaster I don't know how they even
> climb in the truck. I resent the fact that the
> doctors have to blindly follow numbers in a book
> without giving any consideration to the individual
> person's situation.
>
> Posted from Android

And exactly what system that GARANTEES COMPLIANCE would you come up with? It used to be fairly easy to get a medical card. That is until some fatal accident investagations turned up that the driver with a valid medical card had a medical condition that would have precluded him from any drivers license. Yes in some cases it was a scheme with a doctor being paid off. But in others, it was a case of the driver convincing the doctor that he was fine when questionable test results were found.

JST, I agree 100 percent. My point was some people have conditions so minor that they become a victim of the numbers even if it's so small it doesn't affect them.

Posted from Android

Doug Wetherhold
Macungie, PA

THis should not even be debateable. Everyone who operates a train can and must be tested for sleep disorders and NOT permitted under ANY circumstances to operate a train if there is the slightest doubt about fitness for duty. Safety is NUMBER ONE, ALWAYS!

DavidJustinLynch Wrote:
-------------------------------------------------------
> THis should not even be debateable. Everyone who
> operates a train can and must be tested for sleep
> disorders and NOT permitted under ANY
> circumstances to operate a train if there is the
> slightest doubt about fitness for duty. Safety is
> NUMBER ONE, ALWAYS!

And exactly how often should those tests be performed? A person's medical condition can and will change over time.

Do you also have the exact same opinion for alcohol and other narcotics?

Are rail and trucking employees subject to the Americans with Disabilities Act?  That law has broad impact over accommodations for employees who are recovering from or coping with disabling injuries.  Many states have their own versions which offer even broader protections.

Sleep apnea, without question, would be a disabling condition which can be managed in many employees. Allowing them to work productive and fulfilling lives.

(My recollection is FELA replaces ADA, but without many of the safeguards for workers covered under rail law.)

"Testing" or "screening"? There's a big difference. For a proper diagnosis, a sleep study and specialist evaluaiton is required, and even then a sleep study can be inconclusive and open to interpretation. If it's just "screening"--your physician asking you questions to assess risk factors for sleep apnea--that seems beneficial and should be routine part of medical practice.

Paul Wilson
Arlington, VA