Ohio Admin. Code 3301-83-07 - School transportation driver physical qualifications rule
(A) A person who
meets the physical qualifications set forth in this rule as certified by a
proper medical authority may be authorized to operate a school bus, as defined
by division (F) of section
4511.01 of the Revised Code or a
vehicle other than a school
bus
van as
defined in paragraph (C) of rule
3301-83-19
of the Administrative Code, for the purpose of transporting pupils.
(B)
Annually,
one
One or more of the following
licensed individuals shall
will be appointed
annually by all school bus owners to
conduct the medical examinations in compliance
with this rule:
(1) A person licensed under
Chapter 4731. of the Revised Code or by another state to practice medicine and
surgery,
or
osteopathic medicine and surgery, or
chiropractic ;
(2) Physician
assistant;
(3) Certified nurse
practitioner;
(4) Clinical nurse
specialist; or
(5) Certified nurse-midwife; or
.
(6)
A medical
examiner who is listed on the national registry of certified medical examiners
established by the federal motor carrier safety administration in accordance
with 49. C.F.R. part 390.
(C) Physical examination time schedule
(1) School bus driver medical examinations
shall
will be
scheduled after the first day of May
first and the
completed medical examination shall be valid for the upcoming school year. A
completed T-8 form must be on file in accordance with procedures established by
the department and must be accomplished before drivers will be qualified
to operate a school bus or other pupil transportation
vehicle described in rule
3301-83-19
of the Administrative Code with passengers on board for the next school
year. The medical examination is valid so long as it
has been completed by one of the licensed persons identified in paragraph (B)
of this rule.
(2) Persons
employed as new drivers before January first must meet the physical
qualifications as defined in paragraph (E) of this rule prior to operating a
school bus or other pupil transportation vehicle
described in rule
3301-83-19
of the Administrative Code with passengers on board and be re-examined if
re-employed as a school bus driver for the next school year.
(3) Persons employed as new drivers on or
after January first must be examined prior to operating a school bus
or other pupil transportation vehicle described in rule
3301-83-19
of the Administrative Code with passengers on board and the examination
will remain valid throughout the following school year. Re-examination will be
required if the driver is to be employed as a school bus driver for the second
complete school year.
(D)
A person may be certified by the appointed examiner as physically qualified to
operate a school bus if the person:
(1) Has no
loss of a foot, a leg, a hand, fingers, or an arm. Upon request to the
department of education, a driver applicant
missing a foot, leg, fingers, hand, or arm, may request a performance
evaluation to be conducted by the Ohio pre-service program instructor(s) to
determine the person's ability to control and safely operate a school bus and
satisfactorily perform other related duties. Individuals who are granted a
missing limb waiver shall be re-evaluated prior to applying for renewal of a
T-9 certificate;
(2) Has no
impairment of the use of a foot, a leg, a hand, fingers, or an arm, and no
other structural defect or limitation which is likely to interfere with a
person's ability to control and safely operate a school bus. Upon request made
to the Ohio department
of education, a driver applicant missing a
foot, leg, fingers, hand, or arm, may request a performance evaluation to be
conducted by the Ohio pre-service program instructor(s) to determine the
applicant's ability to control and safely operate a school bus and
satisfactorily perform other related duties. Individuals who are granted a
missing limb waiver shall be re-evaluated prior to applying for renewal of a
T-9 certificate;
(3) Has no
established medical history or clinical diagnosis of diabetes mellitus
currently requiring insulin for control. Drivers who are insulin dependent
shall be failed on this item, and shall be required to obtain a waiver from the
Ohio department of education pursuant to paragraph (F) of this
rule;
(4) Annual urinalysis
screening for glucose is required. If glucosuria is detected, a statement
regarding the potential condition of diabetes mellitus and any required
treatment is to be attached;
(5)
Has no current clinical diagnosis of myocardial infarction, angina pectoris,
coronary insufficiency, thrombosis, or any other cardiovascular disease of a
variety known to be accompanied by syncope, dyspnea, collapse, or congestive
cardiac failure. A person with a history of cardiovascular surgery or
abnormality shall be given a more stringent examination (example: stress
testing, holter monitoring, angiography or other examinations) to determine
whether or not the surgery or abnormality is likely to impair a person's
ability to control, inspect, and safely operate a school bus. If it is
determined that the surgery or abnormality is not likely to impair the ability,
the examining physician will provide certification to that effect with the
examination report;
(6) Has no
history of transient ischemic attack (TIA), carotid insufficiency, cerebral
vascular accidents (stroke) or other vascular abnormalities which are unstable
or uncontrolled and/or likely to interfere with a person's ability to control
and safely operate a school bus;
(7) Has no established medical history or
clinical diagnosis of respiratory dysfunction likely to interfere with a
person's ability to control and safely operate a school bus;
(8) Has blood pressure not higher than 160/90
mmHg. If the blood pressure is greater than 160/90 mmHg, a medical certificate
must be attached referencing the hypertension. Said medical certificate must
establish the nature of the treatment, that the blood pressure is now
controlled at or below 160/90 mmHg, with treatment documented, and that the
hypertension and treatment are not likely to interfere with a person's ability
to control and safely operate a school bus. If initial blood pressure systolic
is 161-180 and/or diastolic is 91-104, a non-renewable temporary certificate
may be issued for up to ninety days pending control of blood pressure at or
below 160/90 mmHg. In all cases where blood pressure is initially greater than
160/90 mmHg, a six month follow-up certificate must be furnished by the
driver's
drivers treating physician stating the blood
pressure remains at or below 160/90 mmHg and under good control;
(9) Has no established medical history or
clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, or
neuromuscular, disease which is likely to
interfere with a person's ability to control and safely operate a school
bus;
(10) Has no established
medical history or clinical diagnosis of epilepsy or any other seizure disorder
and has no other condition which is likely to cause loss of consciousness or
any loss of a person's ability to control and safely operate a school
bus;
(11) Has no mental, emotional,
nervous, organic, or functional disease or psychiatric disorder which is likely
to interfere with a person's ability to control and safely operate a school
bus;
(12) Has distant visual acuity
of at least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with corrective
lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with
or without corrective lenses, field of vision of at least seventy degrees in
the horizontal meridian in each eye, and the ability to recognize the colors of
traffic signals and devices showing standard red, green, and amber. Persons may
use corrective lenses to attain these standards;
(13) Screening audiometer test does not
indicate an average hearing loss in the better ear greater than forty decibels
at five hundred Hz, one thousand Hz, and two thousand Hz with or without a
hearing aid when the audiometric device is calibrated to "American National
Standard" (formerly ASA standard) Z 24.5. (Hearing in at least one ear must
meet the preceding criteria);
(14)
Has no current clinical evidence or clinical record of use of illegal
substances and has no current clinical evidence or clinical record of use of
legally prescribed medication which is likely to interfere with a person's
ability to control and safely operate a school bus;
(15) Has no recent history of alcohol abuse
and has no current clinical diagnosis of alcoholism;
(16) Has no neurologic deficit that would
impair a person's ability to control and safely operate a school bus;
(17) Does not show clinical evidence of
active pulmonary tuberculosis or other communicable diseases; and
(18) Has speech and
other communication capabilities to give clear and understandable
directions or commands.
(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.
(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.
(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.
(F) Insulin dependent waivers
The Ohio department
of education may grant waivers to insulin
using individuals under the following conditions:
(1) The individual has not had a previously
issued insulin waiver revoked or lapsed;
(2) The individual completes an insulin
dependent waiver packet and submits the packet to the
Ohio department's
of education's pupil transportation
office;
(3) The individual has
passed all other requirements of the Ohio school transportation vehicle
physical;
(4) The individual
possesses a currently valid operator's driver license and has had a driving record for a three-year period
immediately preceding the date of application that:
The individual has had a driving
record for a three-year period immediately preceding the date of application
that
(a) Contains no
suspensions or revocations of their licenses for the operation of any motor
vehicle, including their personal vehicle, except for suspensions or
revocations due to nonpayment of fines;
(b) Contains no involvement in a reportable
accident in any vehicle with an associated citation for a moving traffic
violation; and
(c) Contains no
involvement in more than one serious traffic violation in any vehicle as
defined in division (II)
divisions (D)(D)(1) to (D)(D)(7) of section
4506.01 of the Revised Code.
(5) Medical requirements
for application
(a) The individual has
provided a licensed endocrinologist with a complete medical history including,
but not limited to, the date insulin use began, all hospitalization reports,
consultation notes for diagnostic examinations, special studies pertaining to
the diabetes, all follow-up reports, and reports of any hypoglycemic insulin
reactions within the last three years;
(b) The individual has been examined by a
licensed endocrinologist and a complete medical evaluation concerning their
medical history and current status has been made, including, at a minimum, the
following:
(i) Fasting blood studies (glucose,
glycostylated hemoglobin/HB A1c, including lab reference range) and urinalysis
performed during the last six months; and
(ii)A detailed report of insulin dosages and
types, diet utilized for control, and any significant factors such as smoking,
alcohol use, and other medications or drugs taken.
(c) The individual submits a signed statement
prepared by the examining endocrinologist whose license status is indicated.
The signed statement shall include separate declarations indicating the
following medical determinations:
(i) That the
endocrinologist is familiar with the applicant's medical history for the past
three years either through actual treatment over that time or through
consultation with a physician who has treated the applicant during that
time;
(ii) That the applicant has
been using insulin to control his/her diabetes on the date of the
application;
(iii) That the
applicant does not have severe hypoglycemia or episodes of altered
consciousness requiring the assistance of another person to regain
control;
(iv) The applicant does not
have hypoglycemia unawareness or the inability to recognize the early symptoms
of hypoglycemia such as sweating, anxiety, forceful heartbeat, and
light-headedness;
(v) That, within
the past three years, the applicant has not had a hypoglycemic reaction at any
time that resulted in any change in mental status that would have been, in the
endocrinologist's opinion, detrimental to safe driving;
(vi) That the applicant's diabetic condition
will not adversely affect his/ her ability to operate a school bus or a school
van;
(vii) That the applicant has
been educated in diabetes and its management, thoroughly informed of and
understands the procedures that must be followed to monitor and manage his/her
diabetes, and what procedures should be followed if complications arise;
and
(viii) That the applicant has
the ability and has demonstrated willingness to properly monitor and manage
his/her diabetes.
(d) The
individual submits a separate statement from an examining ophthalmologist that
the applicant has been examined and that the applicant does not have unstable
proliferative diabetic retinopathy or unstable advancing disease of blood
vessels in the retina and has stable visual acuity of at least 20/40 (Snellen)
in each eye separately, with or without corrective lenses.
(6) Requirements of driver to maintain a
valid waiver.
Special conditions that shall be met for any waiver issued to an insulin-using diabetic driver to remain valid. Each driver shall comply with the following requirements:
(a) Carry,
use, and record, in a log, the readings from a portable self-monitoring blood
glucose device (SMBG) that is equipped with a computerized memory. Blood
glucose monitoring shall be performed one hour prior to and approximately every
four hours while on duty. Paper tapes generated by SMBG's having a printing
capability may be used in lieu of a log prepared by the waived driver. Log
records of blood glucose values shall be made available to any authorized
enforcement official upon request;
(b) Carry, upon their person, and use, as
necessary, a source of rapidly absorbable glucose;
(c) Carry insulin and the equipment/materials
necessary for administering the medication;
(d) Report, in writing, any citation for a
moving violation involving the operation of any vehicle, including personal
vehicles, to the employer and the
Ohio department of education no later than fifteen days following
the issuance of such citation. A photostatic copy of the citation issued shall
accompany the written report;
(e)
Report, in writing, the judicial or administrative disposition of any citation
for a moving violation involving the operation of any vehicle, including
personal vehicles, to the employer and the
Ohio department of education no later than fifteen days following
the notice of disposition;
(f)
Report, in writing, any involvement in
an
any
accident whatsoever, regardless of whether the driver
was cited, while operating any vehicle, including personal vehicles, to
the employer and Ohio
the department of
education no later than fifteen days following the accident, and
include in that report, any state, insurance company, and/or motor carrier
accident reports;
(g) Report, in
writing, any change of residence, address, or telephone number to the
Ohio department of education no later than fifteen days after such
change;
(h) Report, in writing, any
change of employer, including name, address, and telephone number, or type of
vehicle operated to the Ohio department
of education no later than fifteen days
after such change;
(i) Submit any
medical information derived from medical assistance or treatment arising from
any accident involvement to the Ohio
department of education no later than
fifteen days following the accident. A copy of the attending medical
specialist
specialist's and laboratory reports shall also meet
the reporting requirement;
(j)
Submit log records of blood glucose values for a twenty-four hour period
immediately prior to any accident involvement to the Ohio department of
education no later than fifteen days following the accident;
(k) Submit a signed statement from the
licensed endocrinologist who conducted the initial medical evaluation to the
Ohio department of education no later than fifteen days before each
six-month anniversary of the waiver issuance date, that the driver has been
examined and that any diabetic condition is currently stable and under control.
This semiannual examination shall be conducted within the six-week period
immediately preceding each six-month anniversary of the waiver issuance date.
Log records of blood glucose values for the preceding three months shall be
made available to the examining endocrinologist at the time of the required
examination;
(l) Waived drivers who
use a medical specialist, other than the specialist who conducted the initial
medical evaluation, shall be re-examined by an endocrinologist, using the
criteria and procedures established for the pre-qualification examination, and
submit a signed statement from that licensed endocrinologist;
(m) Submit a signed statement from an
ophthalmologist to the Ohio department
of education no later than fifteen days
before each anniversary of the waiver issuance date that the driver has been
examined and does not have unstable proliferative diabetic retinopathy, and
that the driver continues to have stable visual acuity of at least 20/40
(Snellen) in each eye, corrected or uncorrected. This annual examination shall
be conducted within the six-week period immediately preceding the anniversary
of the waiver issuance date.
(7) All documentation described in paragraph
(F)(5) of this rule shall be mailed to the Ohio
department's
department of education's pupil
transportation office, 25 South Front street, Columbus, Ohio 43215-4183.
Failure to timely submit reports may be cause for waiver revocation.
(8) Any individual school bus driver operating
a school bus or other pupil transportation vehicle described in rule
3301-83-19
of the Administrative Code granted a waiver pursuant to this rule shall
remain subject to the provisions of section
3327.10 of the Revised Code,
including the reporting requirements specified in division (D) of section
3327.10 of the Revised
Code.
(9) Applicants for a waiver
from the insulin-using diabetes mellitus qualification requirement shall be
required to submit applications on plain paper and include all supporting
documents and the information as set forth in paragraph (F)(9) of this rule.
Each information item shall contain a complete and appropriate answer, or, if
an item is not applicable, marked with "none."
(a) Vital statistics
(i) Name of applicant (first name, middle
initial, last name);
(ii) Address
(street number and name);
(iii)
City, state, and zip code;
(iv)
Telephone number (including area code);
(v) Sex (male or female);
(vi) Date of birth (month, day, and
year);
(vii) Age;
(viii) State driver's license number and a
list of all licenses held during the three-year period immediately preceding
the date of application to operate a school transportation vehicle;
(ix) Issuing state;
(x) Driver's license expiration
date;
(xi) Driver's license
classification; and
(xii)
Employer's or prospective employer's name, address, and telephone
number.
(b) Experience
(i) Number of years and approximate miles
driving school buses;
(ii)
Approximate number of years and miles driving a CMV other than a school bus;
and
(iii) Number of years driving
vehicles other than a CMV or school bus.
(c) Experience factor
(i) Unless the Ohio department of
education is satisfied otherwise, a driver must have accumulated at
least three years experience operating a CMV on a regular basis and that
experience must be recent enough to reflect the driver's capabilities;
and
(ii) Additionally, to qualify
for a waiver, a driver shall have a clean driving record as described in
paragraph (F)(4)(a) of this rule for the three years immediately preceding the
date of your application.
(d) Applications shall include supporting
documents for the requirements set forth in this rule and any other documents
deemed necessary by the Ohio department
of education.
(10) A waiver issued by the
Ohio department of education is valid for three years from the date
of issuance unless the waiver is revoked by the department for cause or based
on a change in statute or rule.
(11) A waiver issued by the
Ohio department of education may be revoked for failure to comply
with any requirement included in this rule.
(12) All medical documentation submitted to
the Ohio department
of education as required by this rule may
be reviewed by a panel of physicians appointed by the
Ohio department of education. This panel of physicians shall make a
recommendation on whether a waiver should be issued based upon medical
documentation.
(13) The
Ohio department of education shall have final say on all waiver
determinations.
Notes
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3327.01, 4511.76
Rule Amplifies: 3327.01, 3327.10, 4511.01
Prior Effective Dates: 03/31/1975, 08/01/1980, 10/22/1984, 10/11/1985 (Emer.), 01/01/1986, 04/01/1988, 07/01/1991, 03/04/1994 (Emer.), 07/01/1994, 10/05/1998, 11/13/2001, 08/01/2007, 07/01/2012
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