Current through Register Vol. XLI, No. 38, September 20, 2024
19.1. The operator
shall pass an annual physical examination from a medical examiner. This
examination shall be conducted no earlier than April
1st to receive certification for the following
school term.
19.2. The county
superintendent shall maintain the original of the physical examination of each
operator.
19.2.a. The original of the
physical examination of designated Head Start operators is to be maintained by
the employing agency.
19.2.b.
Physical examinations shall be recorded on the USDOT Medical Examination Report
Form (for Commercial Driver Medical Certification). It is preferred that the
physical examination be performed by an FMCSA Certified medical examiner
because other medical providers may not be sufficiently informed regarding the
physical requirements for operators to safely transport students.
19.2.c. All operator physical examinations
are considered confidential and protected under the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) (
Public
Law 104-191) and shallbe reviewed only by approved
administrative staff. Designated staff of the certifying agency (WVDE) also may
review this information when warranted.
19.3. The physical examination for all
operators shall ensure that:
19.3.a. there is
no past or present history of convulsive seizures.
19.3.b. there is no established medical
history or clinical diagnosis of diabetes mellitus currently requiring insulin.
If an operator who is currently employed by a county board or who is otherwise
subject to WVBE rules governing operators is diagnosed with diabetes
mellitus,that operator is eligible for employment if that operator is properly
credentialed to the satisfaction of the WVDMV.
19.3.c. there is no loss of use of joints of
either hand that interferes with prehension or power grasping such that the
applicant cannot receive or would not be able to renew a CDL with the
appropriate endorsements.
19.3.d.
average hearing loss in the better ear of the operator shall not be greater
than 40 decibels (dB) at 500 Hz, 1000 Hz, and 2000 Hz with or without hearing
aids. When needed, an approved hearing aid with back up batteries shall be used
by the operator.
19.3.e. there is
no current clinical diagnosis of:
19.3.e.1.
myocardial infarction (heart attack).
19.3.e.2. angina pectoris (chest
pain).
19.3.e.3. coronary
insufficiency.
19.3.e.4. thrombosis
(blood clots).
19.3.e.5. stroke
(mini-strokes/TIA, paralysis or weakness).
19.3.e.6. other infectious diseases that
would prevent the operator from performing his/her duties as determined by a
public health officer.
19.3.f. there is no cardiovascular disease of
a variety that is accompanied by:
19.3.f.1.
syncope (fainting or passing out).
19.3.f.2. (difficulty breathing or shortness
of breath).
19.3.f.3. collapse
(unconsciousness).
19.3.f.4.
congestive cardiac failure.
19.3.f.5. any protein, blood, or sugar found
in the urinalysis. Such a finding may indicate a need for further testing to
rule out underlying medical conditions prior to the final determination that an
operator is medically qualified.
19.3.g. if any of the conditions in sections
19.3.e.1 through 19.3.f.4 exist, a letter from a cardiologist must be presented
to the county director stating that the operator is medically qualified to
operate a bus.
19.3.h. blood
pressure is less than or equal to 140 systolic and 90 diastolic (140/90). If
the operator fails the blood pressure test, the operator shall provide medical
evidence of three separate blood pressure readings below the identified levels
on three different days within a seven day period prior to certification. These
readings shall be certified by a medical examiner. When an operator is required
to use a pacemaker, his/her return to work shall be approved by two
cardiologists not affiliated with each other.
19.3.i. while performing operator duties, the
operator shall wear a truss for any small hernia. Large hernias shall be
surgically repaired.
19.3.j. there
is no medical history or clinical diagnosis of the following which interferes
with the ability to operate a bus safely:
19.3.j.1. rheumatic disease.
19.3.j.2. arthritic disease.
19.3.j.3. muscular disease.
19.3.j.4. neuro muscular disease.
19.3.j.5. vascular
disease.
19.3.k. both
eyes are functional and the operator:
19.3.k.1. has distant visual acuity of at
least 20/40 (Snellen) in each eye with or without corrective lenses.
19.3.k.2. does not have monocular
vision.
19.3.k.3. has a field of
vision no less than 70 degrees in the horizontal meridian of each
eye.
19.3.k.4. is able to identify
the colors red, green, amber, and blue.
19.3.k.5. wears corrective lenses, if
necessary, while operating a bus.
19.4. All operators using Continuous Positive
Airway Pressure (CPAP) devices must meet requirements as follows:
19.4.a. Obstructive Sleep Apnea (OSA)
precludes an individual from obtaining unconditional certification to drive a
commercial motor vehicle (CMV). However, it should not exclude all individuals
with the disorder. An individual with an OSA diagnosis who is receiving
positive airway pressure (PAP) treatment may be certified to drive if that
individual meets the following criteria:
19.4.a.1. is referred to a clinician with
relevant expertise;
19.4.a.2. has
adequate PAP established through one of the following means:
19.4.a.2.A. an in-laboratory titration study;
or
19.4.a.2.B. an auto-titration
system without an in-laboratory titration.
19.4.b. individuals with OSA who have been
treated with PAP may be certified if they have been successfully treated for a
minimum of one week. Successful PAP treatment is defined as follows:
19.4.b.1. demonstration of good compliance
with treatment; and
19.4.b.2.
resolution of excessive sleepiness when driving.
19.4.c. individuals with OSA who are treated
with PAP must demonstrate compliance with treatment by objective
documentation.
19.4.d. compliance
is defined as using PAP for the duration of total sleep time, or as prescribed
by the treating provider.
19.4.e.
optional treatment efficacy occurs with seven hours or more of use during
sleep; however, four hours of documented time at pressure per major sleep
episode is minimally acceptable.
19.4.f. based on current standards of
practice, an acceptable CPAP use is at least four hours of use per night on at
least five nights per week.
19.4.g.
prior to an operator being allowed to resume driving, the clinician must
provide a statement that the treatment and the operator meet these criteria. It
is the operator's responsibility to keep a log of his/her compliance and
provide documentation to the county director on a quarterly basis. County
boards shall maintain all such records.
19.5. The operator shall have no mental,
nervous, organic, or functional disease, or psychiatric disorder, and take no
medication likely to interfere with his or her ability to operate the bus
safely. (See Appendix A, Prescription and Over-the-Counter Medication Policy
Template.)
19.6. All operators and
county employees in safety sensitive positions who possess a CDL shall be
subject to pre-employment, random, post-accident, and reasonable suspicion drug
testing for the use of certain controlled substances and alcohol as per all
regulations of OTETA. For random tests, all operators and safety sensitive
employees who possess a CDL, including trainees, shall be included in the DOT
drug testing pool. The pool shall be spread out evenly throughout the year. An
employee who has been removed from the DOT drug testing pool for 30 days or
more shall have a pre-employment drug test prior to returning to work. The
county board shall develop a drug testing policy for non-CDL drivers in safety
sensitive positions and those shall be in a different random pool. For
post-accident, the test for alcohol shall be administered within two hours of
the accident. The post-accident test for controlled substances shall be
administered as soon as practical but within 32 hours of the accident. If
either test cannot be administered within the required timelines, the employer
shall maintain a record that states the reason the test could not be
administered. Further information on required timelines may be found in FMCSA
Section 382.303. Post-accident drug and alcohol tests shall be required after
crashes according to the following chart:
|
Type of Accident Involved
|
Citation Issued to the Driver
|
Test Must Be Performed by
Employer
|
|
Human Fatality
|
Yes
|
Yes
|
|
Human Fatality
|
No
|
Yes
|
|
Bodily Injury With Immediate Medical Treatment
Away From the Scene
|
Yes
|
Yes
|
|
Bodily Injury With Immediate Medical Treatment
Away From the Scene
|
No
|
Yes
|
|
Bodily Injury With Immediate Medical Treatment
on the Scene
|
Yes
|
Yes
|
|
Bodily Injury With Immediate
Medical
|
No
|
Yes
|
|
Disabling Damage to Any Motor Vehicle Requiring
Tow Away
|
Yes
|
Yes
|
|
Disabling Damage to Any Motor Vehicle Requiring
Tow Away
|
No
|
Yes
|
19.6.a. County
boards shall provide the WVDE, by certified mail, the name and Social Security
number of employees who hold safety sensitive positions as described by the
OTETA, and who test positive for the tested substances. The WVDE shall maintain
the positive test records for two years.
19.7. The medical examiner shall print
his/her name in the designated area as well as providing his/her signature on
the physical form.
