Requires sleep apnea testing for locomotive engineers who operate an intrastate locomotive in New York; further requires written documentation of compliance.
STATE OF NEW YORK
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136
2019-2020 Regular Sessions
IN SENATE(Prefiled)
January 9, 2019
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Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the railroad law, in relation to sleep apnea testing for
locomotive engineers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The railroad law is amended by adding a new section 97-b to
2 read as follows:
3 § 97-b. Medical examinations. 1. To operate an intrastate locomotive
4 in the state of New York, locomotive engineers shall be required as part
5 of their current training to be screened for sleep apnea, as defined in
6 subdivision nine of section two hundred sixty-two of the public health
7 law, by a physician, a certified nurse practitioner to the extent
8 authorized by law and consistent with subdivision three of section
9 sixty-nine hundred two of the education law, or a registered physician
10 assistant who is not the personal physician, nurse practitioner or
11 physician assistant of the locomotive engineer.
12 2. Locomotive engineers who test positive for sleep apnea shall be
13 required by their employer to attain documentation of compliance with
14 treatment for sleep apnea as qualification to be employed as a locomo-
15 tive engineer.
16 § 2. This act shall take effect on the one hundred twentieth day after
17 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05338-01-9
