Sleep Apnea Discrimination Case Cleared to Proceed in Massachusetts

The Massachusetts Commission Against Discrimination (MCAD) has found probable cause to proceed with an investigation into possible discrimination and retaliation by the Holliston School District against a school psychologist. The school psychologist claimed that his sleep apnea treatment was insufficient to his symptoms and asked for accommodations for his intermittent fatigue. When the school district refused, he asked MCAD to intervene, at which point he says he received disciplinary actions that were retaliatory in nature.

According to the district, the type of accommodation sought by the psychologist was unreasonable. The psychologist had asked for permission to complete paperwork at home on days when he was fatigued, contingent on his immediate supervisor's consent. However, the district did not think this was reasonable because the school psychologist has to be available for crises and should not be gone for "an indeterminate amount of time each day," in the words of the superintendant.

In response, the psychologist took his request to MCAD, which made the preliminary findings that the case justified investigation. At which point, according to the psychologist, some accommodations were granted, but, he says, he also received unjustified disciplinary action based on conflicting reports about a meeting with a student and his grandmother.

Although it is unclear how this case will be resolved, it is clear that sleep apnea can significantly impair your ability to work if you do not receive adequate treatment. If you have been prescribed a treatment that you cannot tolerate or use successfully, you need to seek another treatment before your profession and livelihood suffer.

To learn more about CPAP treatment alternatives, please contact a local sleep dentist today.

"Landmark" New FAA Fatigue Rules Ignore Sleep Apnea

Earlier this month, the Federal Aviation Administration (FAA) announced that it was creating "landmark" new pilot fatigue rules that would "help protect 700 million air passengers each year," but the FAA rules continue to leave these passengers at risk by ignoring the danger of obstructive sleep apnea.

The new rules come from an extensive study of pilot fatigue that began after the crash of Colgan Air flight 3407 in February 2009. A number of safety forums were held and the recommendations of safety and fatigue specialists were consulted. However, although they addressed many key points relevant to pilot fatigue, they ignored the important issue of sleep apnea.

The potential significance of sleep apnea was highlighted by an incident one year before the Colgan Air crash. In February 2008, go! Flight 1002, a short-haul flight from Honolulu to Hilo, Hawaii, flew past its destination when the pilot and copilot both fell asleep for at least 18 minutes. In subsequent investigation, the pilot was found to have undiagnosed obstructive sleep apnea. As a result, the National Transportation Safety Board (NTSB) recommended that the FAA revise its medical examiner guidelines to better inform them of when pilot candidates need to be evaluated for this dangerous condition, due to the following rationale:

• About 7% of the US population is estimated to have obstructive sleep apnea
  
• Only about 0.5% of commercial airline pilots have been diagnosed with obstructive sleep apnea
  
• 1% of Air Force pilots have been diagnosed with obstructive sleep apnea
  
• Commercial airline pilots are more likely to be obese than Air Force pilots. Obesity is a major risk factor for obstructive sleep apnea, and studies indicate that 15 to 24% of commercial airline pilots are obese.
  
• The FAA is the only US Federal agency overseeing passenger safety that does not collect or utilize subjective data relevant to obstructive sleep apnea (such as reports of snoring).
  

Despite the alarming consequences of pilots with sleep apnea and its potential prevalence, the FAA's new fatigue rules ignore this condition, and despite a pilot education program, the actual rules regarding sleep apnea remain unchanged. Once diagnosed, the FAA recommends treatment with CPAP, oral appliances, medication, or surgery, but the FAA does not screen its pilots, so many of them may have undiagnosed sleep apnea.

Tell the FAA that your safety matters and that it should include sleep apnea in its recommendations for passenger safety. To learn more about sleep apnea, please contact a local sleep dentist today.