NJ Transit Workers Contest Post-Crash Safety Policies

[D.H.]

Really, they should not be penalizing employees for the "wait time" or charging them for testing that the job requires. Since these workers have health insurance anyhow (even absent Obamacare), we're only talking co-payment and possibly deductible.

Since the selection criteria is based on solid medical science, I don't think that this is illegal discrimination any more than charging an older person more for life insurance.

Link ===> https://www.courthousenews.com/nj-trans ... ken-crash/

[chunkyfrog]

Your point?
My guess, but don't these same workers get paid considerably more than the rest of us?
First world whinge.

[Gary_UT]

I have to have a DOT medical card for my job, Neck circumference and BMI are the criteria thy use to require a sleep study.

I was not compensated for my time to do the sleep study. I had to pay my copayment for the 2 sleep studies I have had, along with the copayment for the CPAP machine.

All in all it was about $600 dollars out of pocket, it was that or find another job.

It is what it is...

Gary

[Arlene1963]

Since the selection criteria is based on solid medical science, I don't think that this is illegal discrimination
Link ===> https://www.courthousenews.com/nj-trans ... ken-crash/

I can't let this go without comment.

I think that every single engineer/conductor should have an overnight sleep study. Not only do I think the way this was done is discriminatory but it also not based on the most recent medical evidence which points to the prevalence of OSA being very high in the general population and not just among fat people. This sort of thing does quite a disservice to those reading this in their newspaper and who are left thinking that OSA is only what happens to obese people. It also overlooks the engineers who are slim, but who nevertheless might have severe undiagnosed OSA, and who are still out there putting people's lives at risk.


Arlene (who at time of diagnosis of moderate OSA had a BMI of 24.9 and neck circumference 12.5" so using the guidelines for the screening process I would not have been tested )

[49er]

Since the selection criteria is based on solid medical science, I don't think that this is illegal discrimination
Link ===> https://www.courthousenews.com/nj-trans ... ken-crash/

I can't let this go without comment.

I think that every single engineer/conductor should have an overnight sleep study. Not only do I think the way this was done is discriminatory but it also not based on the most recent medical evidence which points to the prevalence of OSA being very high in the general population and not just among fat people. This sort of thing does quite a disservice to those reading this in their newspaper and now thinking that OSA is only what happens to obese people, and also to the engineers who are slim, but who nevertheless might have severe undiagnosed OSA, and are still out there putting people's lives at risk.


Arlene (who at time of diagnosis of moderate OSA had a BMI of 24.9 and neck circumference 12.5" so using the guidelines for the screening process I would not have been tested )

I couldn't agree more Arlene as a thin person who twice was diagnosed with moderate OSA.

[amenite]

Really, they should not be penalizing employees for the "wait time" or charging them for testing that the job requires. Since these workers have health insurance anyhow (even absent Obamacare), we're only talking co-payment and possibly deductible.

Since the selection criteria is based on solid medical science, I don't think that this is illegal discrimination any more than charging an older person more for life insurance.

Link ===> https://www.courthousenews.com/nj-trans ... ken-crash/

This was a new requirement hastily enacted and perhaps not sufficiently thought out. Going forward I would like to see them all tested regardless of BMI or neck size. As for the time spent off the job the state mandated disability insurance system should be able to compensate fairly for that.

[Arlene1963]

I agree it was hasty and ill considered.

In this thread posted about the topic last year I wondered how exactly they identified those who were screened. viewtopic.php?f=1&t=157285&p=1206415&hi ... s#p1206415

To pretend that they have dealt with this issue when in fact all they have done is target fat people really riles me.

There are surely better screening algorithms, including looking at clustered co morbidities like hypertension, nocturia, diabetes/prediabetes, high cholesterol. AFIB, arrythmias, along with BMI, gender, age and menopausal status in women. Limiting screening for OSA to BMI and neck circumference is pathetic, and cuts corners in haste, and frankly I am surprised that other employers have been able to get away with this.

[chunkyfrog]

I agree it was hasty and ill considered.

In this thread posted about the topic last year I wondered how exactly they identified those who were screened. viewtopic.php?f=1&t=157285&p=1206415&hi ... s#p1206415

To pretend that they have dealt with this issue when in fact all they have done is target fat people really riles me.

There are surely better screening algorithms, including looking at clustered co morbidities like hypertension, nocturia, diabetes/prediabetes, high cholesterol. AFIB, arrythmias, along with BMI, gender, age and menopausal status in women. Limiting screening for OSA to BMI and neck circumference is pathetic, and cuts corners in haste, and frankly I am surprised that other employers have been able to get away with this.

Most of these comorbidities are private under HIPAA;
while obesity and a fat neck cannot be hidden.
The only way to catch them all would be to test them all.
Probably at company expense.

[zonker]

Most of these comorbidities are private under HIPAA;
while obesity and a fat neck cannot be hidden.
The only way to catch them all would be to test them all.
Probably at company expense.

thank you for teaching me a new word today!

[chunkyfrog]

"Comorbidity"?
Arlene used it first, with a space, (which is also acceptable, IMO).
I learned it when I was first diagnosed with OSA, as my AHI alone was insufficient,
but my hypertension put me over the hump to get treated.

[USMCVet]

If they are really worried about sleep apnea I agree with testing them all since not just fat people have sleep apnea. I'm under BMI and neck circumference and have severe sleep apnea. We don't profile drug users right? We use random testing. At a minimum why not use random sleep apnea testing. Company should cover it as well as cost of doing business. When I have been drug tested for work I never was paid. Heck when I was finger printed I was paid for me time.

[Arlene1963]

Most of these comorbidities are private under HIPAA;
while obesity and a fat neck cannot be hidden.
The only way to catch them all would be to test them all.
Probably at company expense.

The article states "Alleyne says he was scheduled for his yearly physical on Oct. 5, 2016, and was informed afterward by NJ Transit’s doctors that his BMI was over 35. As a result, he says he was taken out of service without pay until an overnight sleep study could be completed."

Is BMI private under HIPAA I wonder?

[Okie bipap]

Generally speaking, anything that a company doctor finds that, in his or her opinion may have a negative impact on your ability to do your job, is going to be reported to management. Several years ago, I had a company physical when I signed up to be a driver for our van pool. Once they found out I had asthma, they notified the van pool office and I was immediately taken off the van pool driver's list. Even though my asthma was not severe, the company considered it to be detrimental for operating a company owned van.

[chunkyfrog]

So, HIPAA is secondary to safety.
It makes sense.

[Goofproof]

So, HIPAA is secondary to safety.
It makes sense.

And Safety is secondary to Profit! Jim