Very interesting report. It brings an answer to FREDAcheck : EVERYBODY may have microsleep. It is not a disease in se.
Machinbird you told us your recent event but tomorrow it may happen to FREDAcheck and there is no trial risk to break a taboo.
My reading of the report is that "microsleeps" may happen to anyone, but that they are induced by fatigue. If you are aware that you are fatigued, and you are aware of the dangers, but you still do a task that puts lives at risks, courts might decide that you are negligent.
I'm not being judgemental about this, merely commenting that there might be a greater legal liability if you voluntarily, deliberately and knowingly do something dangerous.
For a pilot or other shift worker it might be different: you are doing something that is a normal part of your employment, and which meets industry safety norms. Whether those norms are correct or not is another matter, but you might reasonably expect that patterns of behaviour that conform to the industry norms have been assessed for safety by someone else.