Legal requirement sources

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1 Driver qualifications and compliance, record keeping MTA 17-3 February, 2017 OSBA leads the way to educational excellence by serving Ohio s public school board members and the diverse districts they represent through superior service, unwavering advocacy and creative solutions. Legal requirement sources Federal regulations CDL (FMCSA) Ohio Revised Code Ohio Administrative Code District policy / requirements Ohio Admin. Code Known as rule, is essentially law Supported by ORC Must be complied with by Drivers Owners and supervisors 1

2 Driver age issues OAC states: Must be at least 21 years of age with minimum of 2 years driving experience ODE has an alternative position, believes this should be 18 years of age Problem sources from the interpretation of language in ORC Bottom line make certain your drivers are insurable and comply with existing code Driver physicals Federal (FMCSA) vs. State (OAC) Different standards Different authorized examiners Different time frame Different reporting / evidence FMCSA rule applicability (f) exceptions (1) all school bus operations as defined in Use of a school bus to transport only school children and/or personnel between home and school (2) transportation performed by... a state or any political subdivision of a state 2

3 Ohio s driving staff Public school employees Public schools are political subdivisions Excepted in all school bus uses Private school bus company employees Excepted only when on school routes Non-excepted on field trips Non-excepted on private contract work What do they need? Public school employees T-8 Private contractor employees T-8 for route work DOT physical for all other work Some may need both physicals Ohio T-8 Ohio Administrative Code It is law Includes Administration requirements Standards for drivers Due process for failures 3

4 Who is authorized? 1. A person licensed under Chapter of the Revised Code or by another state to practice medicine and surgery or osteopathic medicine and surgery; 2. A physician assistant; 3. A certified nurse practitioner; 4. A clinical nurse specialist; 5. A certified nurse-midwife. Ref Ohio Revised Code (B)(1) The employer s role Establish a formal relationship with a designated practitioner or a practice to perform physicals Establish any additional standards they wish to have assessed Provide the appropriate state forms and send the drivers Manage the results, including notifying driver and the state department of education Blood Pressure Special Cases Insulin dependent Missing limb Additional information needed Federal guidance 4

5 Blood Pressure 1. Not higher than 160/90 = passes 2. Higher than 181/105 = fails (no retest) 3. Systolic or Diastolic = conditional pass 90 day recheck, must meet 1 or fails 6 month recheck, must meet 1 or fails Special Cases Insulin dependent Must have a passing T8 EXCEPT for the insulin dependence Requires a waiver Missing limb Must have passing T8 EXCEPT for the missing limb Requires a waiver Additional Information needed If a physician needs additional information, the should request it from the appropriate source The physical must be closed out in a timely manner. Failing receipt of the information, mark the physical as incomplete and return it. 5

6 Use of FMCSA interpretations Cardiac Syncope, collapse, CHF Implanted Pacemakers, defibrillators Respiratory dysfunction Difference between risk and dysfunction Orthopedic, muscular, neuromuscular, vascular disease Epilepsy Current clinical diagnosis- defined Information release T8 contains a driver s signed release Employers are required by law to have this physical information to consider the employment of their drivers T8 administration rule (E) Administration (1) School bus drivers who have experienced a prolonged period of absence due to illness or injury or who have a significant change in their state of health may be required by the school bus owner to be re-examined in accordance with this rule. 6

7 Disqualifications (2) Currently employed school bus drivers disqualified by the appointed examining physician shall be notified by the school bus owner within fifteen days following receipt of the examination report. Currently employed school bus drivers desiring to appeal a disqualification shall file the appeal in writing within fifteen days with the school bus owner. (3) Upon receipt of an appeal, the school bus owner shall arrange for a medical re-examination. The re-examination may be conducted by a public health board or private physician. The re-examining physician shall not be the physician administering the original examination. (4) All re-examinations shall be based on the school bus driver physical qualifications rule and shall be final. FERPA, costs and records (5) Physical qualification examination reports shall contain a release authorization to be signed by the examinee for purposes of evaluation by constituted authorities. (6) Costs for examinations required to the extent of compliance with this rule shall be the responsibility of the school bus owner. (7) Physical examination reports for persons certified by the examining physicians as meeting this rule shall be retained for a period of six years by the school bus owner. The employing school bus owner shall file the appropriate copy of the examination report with the department of education within thirty days following the examination. Sleep Studies and federal law Public Law was enacted to address sleep studies Screening tests are prohibited They may be recommended, but cannot be a condition of passing the exam 7

8 Obstructive Sleep Apnea If a driver has been diagnosed and is under treatment, it is reasonable for the examiner to ensure that the driver is following medical orders If not diagnosed, screening is not allowed as part of the T-8 Motor Vehicle records Must be obtained through ODE s SFPS web access Lifetime vs. an abstract (3 years) Understanding points Never come off, but may not be current Look for specific disqualifiers Disqualifications More than 6 points in 2 years When are they eligible again? DUI in last 6 years Is this enough for your district? Two or more serious traffic violations in the last 2 years Serious CDL violations 8

9 Serious CDL violations Speed in excess of 15 mph over limit Reckless operation Improper lane changes Following too closely Traffic control violations Driving without a CDL or appropriate class or endorsements Driving without a license in possession Texting or Phone violation of state law Other disqualifications Railroad crossing in past year Violating school bus traffic lights Speed in a school zone Ref for these last two Beyond the BMV points... Look for pattern behavior Avoid habitual offenders Consider employment standards that may be more appropriate for your community Tougher if needed 9

10 CDL specific codes Limited driving privileges may not be granted to CDL holders Driving a commercial vehicle with impaired ability or alertness is prohibited CDL Required for all of our bus drivers 16 passenger, GVWR Drivers for political subdivision and home-to-school routes are excepted from certain provisions We are all subject to: Drug and alcohol testing Licensing and endorsements CDL structure Code of Federal Regulations Implemented through state law For vehicle operations: Ohio Revised Code chapter

11 CDL licensing Driving skills Federally mandated Do not correspond exactly with Ohio s codified school bus driving skills Written skills Federally mandated Additional tests for Ohio specific laws CDL program updates Entry Level Driver Training (ELDT) New requirements for entry level CDL drivers Final rule effective February 6, 2017 Compliance date is February 7, 2020 ELDT impacts New CDL applicants, individuals upgrading their license class, and applicants adding an endorsement Must complete a prescribed program of training by an entity registered with FMCSA Most pass competency assessments in written and B-T-W skills 11

12 The good news - ELDT FMCSA has established that many entities can be certified as trainers, including schools and other existing agencies (such as ODE preservice) There are NO minimum required hours for classroom or driving skills Drug and Alcohol clearing house Enacted January 4, 2017 Compliance by January 6, 2020 Establishes a database with information about violations of FMCSA s drug and alcohol regulations Impact of D/A Clearinghouse Employers must query the database Pre-employment Once per year during continued employment This replaces the current system of obtaining previous employment history Reporting to the system will be done by MRO s, not employers 12

13 The certificates There are two required , issued by superintendent Revocable, management issued 2. Preservice, issued by ODE Certifies completion of preservice training The separate qualifier: Drivers must be listed as ACTIVE on ODE s website This is a condition based upon the status of various different qualifications Things that can cause inactive : CDL status, T-8 status, T-9 status, Suspended (an ODE control) Pre-service Training New drivers: 15 hours class, 12 BTW Must pass proficiency driving test 3 opportunities to pass, 4 th with PS instructor At completion, all documents reported to ODE, driver not active until approved by preservice instructor or ODE 13

14 Certification term Certificates are valid for 6 years to the date of issue Driver s obligation to monitor But to district s advantage to monitor Not issued to the employer, but to the driver. They are valid for any employer Re certification Done in the 12 months prior to expiration 9 hours class (or advanced class) Satisfactory driving evaluation (or ROAD-E-O) District MUST submit the documents to ODE and have approved before they are valid Annual In-service 4 hours per year required At employer s discretion Topics are suggested in OAC Consider the options: Four hours all at once Schedule periodic shorter trainings Local vs. regional topics This is reportable in SFPS, but not mandated Keep good records 14

15 Training thoughts Done by in-house staff or outside experts Supervisor or other district staff Use OBI for ongoing skills training Use to address specific needs Can include FA or CPR as needed Criminal Background Checks Required pre-employment Can not hire conditionally State and FBI All checks run through Ohio BCI New federal check required every 6 years (with certification) BCI results Refer to the handout for disqualifying events Drivers are disqualified immediately when charged, and may not work with students until charges are cleared 15

16 Rehabilitation Certain offenses allow for employees to be considered for rehabilitation after a certain time period Rehabilitation is at the employer s discretion, and is not required Certain offenses are permanent disqualifications RAP back Drivers who are fingerprinted are entered into the state RAP-back system This monitors arrests and charges state-wide based upon fingerprint records Good system, but has flaws Drug and Alcohol Required by FMCSA Pre-employment (drug only) Random Post-accident Reasonable suspicion 16

17 Employer obligations Have an independent source (your DOT lab) provide your random lists Managing stand-downs... Employer has no authority to stand-down a driver unless you have received confirmed positive test results. Get training for reasonable suspicion Sending drivers for tests Typically ok to send them on their own Unless it is based upon reasonable suspicion. D & A background checks You must request background checks for any employee who operated a CMV in the previous 24 months. See sample forms provided This will go away when clearinghouse is implemented in

18 Medical marijuana NOT a valid use with respect to FMCSA drug tests. This disqualifies a driver. Additional references: refer to handouts ORC Qualifications chart for driving staff Qualifications flow chart Interview questions On-boarding form Driver records audit form Thank you! Ohio Visit our website at: 18