Below are the first 10 and last 10 pages of uncorrected machine-read text (when available) of this chapter, followed by the top 30 algorithmically extracted key phrases from the chapter as a whole.
Intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text on the opening pages of each chapter.
Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.
Do not use for reproduction, copying, pasting, or reading; exclusively for search engines.
OCR for page 17
17
3. Recordkeeping Requirements cal condition requirements for school bus drivers. Penn-
Records must be kept of workplace injuries and ill- sylvania requires school bus operators to receive an
nesses.131 In particular, employers must record work- annual physical examination administered by a school
related injuries and illnesses on an OSHA Form 301: transportation physician, practical nurse, or physician's
Injury and Illness Incident Report or an equivalent assistant.138 Oregon's requirements for a school bus en-
form. These include injuries and illnesses resulting in dorsement appear to exceed Federal CDL require-
loss of consciousness, days away from work, restricted ments.139
work activity or job transfer, or medical treatment be- States may also have stricter drug and alcohol re-
yond first aid.132 This incident report form could be used quirements for school bus drivers. For example, in Illi-
as a trigger for assessing the need for a fitness-for-duty nois a person who drives or is in actual physical control
exam.133 of a school bus or any other vehicle owned or operated
OSHA also requires the employer to protect the pri- by or for a public or private school is deemed to have
vacy of the ill or injured employee in recording illnesses given consent to a chemical test or tests of blood,
134
and injuries. Moreover, OSHA directly addresses the breath, or urine for the purpose of determining the al-
confidentiality of employee medical records in its regu- cohol content of the person's blood.140
lations.135 However, OSHA workplace injury and illness New York also appears to impose some restrictions
records must be made available to OSHA representa- that are stricter than those under Federal CDL re-
tives.
136
The "other federal laws" defense should be quirements. For example, New York State Department
available to any claim of a violation of ADA confidenti- of Motor Vehicle Regulations mandate that an insulin-
ality requirements for providing records to authorized dependent diabetic who has had an incident of hypogly-
representatives pursuant to 29 C.F.R. § 1904.40. cemic shock within 2 years is disqualified from driving
141
school buses. Other restrictions include barring waiv-
D. School Bus Drivers ers from Federal CDL requirements142 and requiring
States generally require additional school bus en- 138
67 PA. CODE § 71.3 (2005).
dorsements, but not necessarily anything that requires 139
physical ability tests in addition to the required CDL The requirements are:
137
physical exam. States may have quite specific physi- (i) No impairment of use of foot, leg, finger, hand or arm, or
other structural defect or limitation, likely to interfere with safe
driving or other responsibilities of a school bus driver. Drivers
131 may be required to demonstrate ability to: open and close a
29 C.F.R. pt. 1904--Recording and Reporting Occupa-
manually operated bus entrance door control with a force of at
tional Injuries and Illnesses,
least 30 pounds; climb and descend steps with a maximum step
www.access.gpo.gov/nara/cfr/waisidx_09/29cfr1904_09.html. height of 17 1/2 inches; operate two hand controls simultane-
132
OSHA Forms for Recording Work-Related Injuries and ously and quickly; have a reaction time of 3/4 of a second or less
Illnesses, from the throttle to the brake control; carry or drag a 125 pound
www.osha.gov/recordkeeping/OSHArecordkeepingforms.pdf. person 30 feet in 30 seconds or less; depress a brake pedal with
133 the foot to a pressure of at least 90 pounds; depress a clutch
Of the 14 transit agencies that responded to the report
pedal with the foot to a pressure of at least 40 pounds unless op-
questionnaire, only the MBTA and CTA indicated that fitness erating an automatic transmission; exit from an emergency door
for duty exams are required after any incident that results in opening of 24 x 48 inches at least 42 inches from the ground in
an OSHA 301 incident report (or equivalent state report). Such ten seconds or less. Drivers must be physically able to open all
an exam does not, however, necessarily include functional emergency exits installed in any school bus they drive.
physical ability testing. Response to question V.A., Source of OR. ADMIN. R. 581-053-0006, School Bus Driver Training
requirements for conducting employee tests: In general. and Certification (7)(d)(A),
134
29 C.F.R. § 1904.29(b)(6) through (10), http://arcweb.sos.state.or.us/rules/OARS_500/OAR_581/581_05
http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/29cfr1904.29.p 3.html. However, these requirements do not appear to apply to
df. drivers of public transit who transport students on a nonexclu-
135
29 C.F.R. § 1913.10, Rules of agency practice and proce- sive basis. School Bus Endorsement,
dure concerning OSHA access to employee medical records, www.oregon.gov/ODOT/DMV/driverid/cdlendrest.shtml#PassR
http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/29cfr1913.10.p estr.
140
df. 625 ILL. COMP. STAT. 5/6-106.1a., Cancellation of school
136
29 C.F.R. § 1904.40, Providing records to government bus driver permit; trace of alcohol,
representatives, www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050H
http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/29cfr1904.40.p Ch%2E+6&ActID=1815&ChapAct=625%26nbsp%3BILCS%26
df. nbsp%3B5%2F&ChapterID=49&ChapterName=VEHICLES&S
137
E.g., Indiana, School Bus Endorsement, ectionID=28511&SeqStart=71300000&SeqEnd=90150000&
www.in.gov/dor/3418.htm, IND. CODE 20-9.1-3-1, Physical Fit- &ActName=Illinois+Vehicle+Code%2E.
141
ness for School Bus Driver or School Bus Monitor, cited by Christopher v. Laidlaw Transit Inc., 899 F. Supp. 1224,
Indiana Department of Revenue, Motor Carrier Services Divi- 1226 (S.D.N.Y. 1995), citing N.Y. COMP. CODES R. & REGS. tit.
sion, Commercial Driver's License Section, Instructions and 15, pt. 6, 6.11(b)(3).
142
Information for Physical Examination Forms of CDL Holders E.g., Maryland: CDL Medical Waiver Information Packet,
(Apparently SPE not available), www.in.gov/dor/files/4195. Requesting Interstate Waiver/Exemption, Requesting Intra-
htm#cdl (click on CDL-PHY, State Form 49867 "Physical Ex- state Waiver, at 2,
amination Form."). www.mva.maryland.gov/Resources/CDLWaiver.pdf.
