(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 motor van as defined in rule
3301-83-04 of the Administrative Code, for the purpose of transporting
pupils.
(B) Annual physical exams are to be
performed for operators of school buses and motor vans as set forth in
divisions (A) and (B) of section 3327.10 of the Revised Code by one or more
medical examiners annually appointed by the school bus or motor van owner. For
purposes of this rule, a "medical examiner"is one of the
professionals listed in those divisions of section 3327.10 of the Revised Code.
(C) Physical examination time
schedule
(1) School bus and motor
van drivers' medical examinations are to be scheduled after the first day
of May and the completed medical examination is valid for the upcoming school
year. A completed T-8 form is to be on file in accordance with procedures
established by the department of education and workforce and completed before
drivers will be qualified to operate a school bus or motor van with passengers
on board for the next school year.
(2) Persons employed as
new drivers before January first are to meet the physical qualifications as
defined in paragraph (E) of this rule prior to operating a school bus or motor
van with passengers on board and be re-examined if re-employed as a school bus
or motor van driver for the next school year.
(3) Persons employed as
new drivers on or after January first are to be examined prior to operating a
school bus or motor van with passengers on board and the examination will
remain valid throughout the following school year.
(D) A person may be certified by the appointed medical
examiner as physically qualified to operate a school bus or motor van if the
person:
(1) Has no loss of a
foot, a leg, a hand, fingers, or an arm. Upon request to the department, 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 or motor van and satisfactorily perform other related
duties. Individuals who are granted an impaired or missing limb waiver are to
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 or motor van. Upon request made to
the department, a driver applicant with an impairment of 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 or motor van and satisfactorily perform
other related duties. Individuals who are granted an impaired or missing limb
waiver are to 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 are not eligible to
operate school buses or motor vans unless they have obtained a waiver from the
department pursuant to paragraph (F) of this rule;
(4) Annual urinalysis
screening for glucose is to be performed. If glucosuria is detected, a medical
examiner's statement regarding the potential condition of diabetes
mellitus and any necessary treatment is to be attached to the T-8 form. If the
medical examiner determines diabetes mellitus is not likely to impair the
ability to operate school buses or motor vans, and the individual is not
insulin dependent, a medical examiner will provide certification to that effect
with the examination report;
(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 will
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 or motor van. If it is determined that
the surgery or abnormality is not likely to impair the ability, a medical
examiner 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 or motor van;
(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 or motor van;
(8) Has blood pressure
not higher than 160/90 mmHg. If the blood pressure is greater than 160/90 mmHg,
a medical certificate is to be attached referencing the hypertension. To be
eligible to drive a school bus or motor van, the medical certificate is to
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 or motor van. 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 will be
furnished to the employer by the driver's treating medical examiner
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 or motor
van;
(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
or motor van;
(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 or motor van;
(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) Z24.5. (Hearing
in at least one ear is to meet the preceding criteria). The hearing
qualification does not apply to drivers employed by Ohio deaf and blind
education services when transporting students enrolled at any division of Ohio
deaf and blind education services, interpreters, and authorized passengers as
provided within rule 3301-83-17 of the Administrative Code, after pre-trip
procedures are conducted for each trip, including confirming communication
capability to ensure the driver has the ability to communicate with passengers.
The deaf driver's ability to communicate may be satisfied by transporting
groups of students and employees that can communicate using both speech and
sign language or a group that includes a sighted individual that can
communicate using speech and sign language;
(14) Has no current
clinical evidence or clinical record of use of illegal substances, or the use
of prescription drugs not in accordance with a current, valid prescription, 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 or motor van;
(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 or motor van;
(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 or motor
van 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 are to be
re-examined at the discretion of the school bus or motor van owner in
accordance with this rule.
(2) Currently employed
school bus or motor van drivers disqualified by the appointed medical examiner
are to be notified by the school bus or motor van owner within fifteen days
following receipt of the examination report. Currently employed school bus or
motor van drivers desiring to appeal a disqualification may file the appeal in
writing within no more than fifteen days with the school bus or motor van
owner.
(3) Upon receipt of an
appeal, the school bus or motor van owner is to arrange for a medical
re-examination. The re-examination may be conducted by a public health board or
private medical examiner who was not the medical examiner that performed the
original examination.
(4) All re-examinations
will be based on the school bus or motor van driver physical qualifications set
forth in this rule and are final.
(5) Physical
qualification examination reports are to contain a release authorization to be
signed by the examinee for purposes of evaluation by the medical
examiner.
(6) Costs for
examinations are the responsibility of the school bus or motor van
owner.
(7) Physical examination
reports for persons certified by the medical examiner as meeting this rule are
to be retained for a period of six years by the school bus or motor van owner.
(F) Insulin dependent
waivers
The department 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
department's pupil transportation office;
(3) The individual has
passed all other components 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 two-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) of section 4506.01
of the Revised Code.
(5) Medical components
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;
and
(iii) Assessment of
proliferative diabetic retinopathy.
(c) The individual submits a signed statement prepared by
the examining endocrinologist whose license status is indicated. The signed
statement is to 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 medical examiner who has treated the applicant during that
time;
(ii) That the applicant
has been using insulin to control the applicant's 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 the
applicant's ability to operate a school bus or a motor van;
(vii) That the applicant
has been educated in diabetes and its management, thoroughly informed of and
understands the procedures that are to be followed to monitor and manage the
applicant's 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
the applicant's 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) Maintaining a valid
waiver.
Each insulin-dependent driver will:
(a) Carry, use, and record readings from a portable
self-monitoring blood glucose device (SMBG) that is equipped with a
computerized memory. Blood glucose monitoring is to be performed one hour prior
to and approximately every four hours while on duty. The driver will present
the glucometer or a printout of the device's electronic records, showing
the preceding three months of blood glucose values, 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 department no later than fifteen days following the issuance
of such citation. A photostatic copy of the citation issued is to 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 department no
later than fifteen days following the notice of disposition;
(f) Report, in writing, any involvement in an accident
whatsoever, regardless of whether the driver was cited, while operating any
vehicle, including personal vehicles, to the employer and the department no
later than fifteen days following the accident, and include in that report, any
state, insurance company, and/or motor carrier accident reports;
(g) Submit any medical information derived from medical
assistance or treatment arising from any accident involvement to the department
upon request following the accident. A copy of the attending medical specialist
and laboratory reports may be provided to satisfy this paragraph;
(h) Submit a signed statement from a licensed
endocrinologist, upon request of the employer, that the driver has been
examined and that any diabetic condition is currently stable and under control.
Log records of blood glucose values for the preceding three months are to be
made available to the examining endocrinologist at the time of the examination.
(7) All documentation
described in paragraph (F)(5) of this rule is to be submitted by secured
electronic transmission to waiverapp@education.ohio.gov or mailed to the
department'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 driver
operating a school bus or motor van granted a waiver pursuant to this rule
remains subject to the provisions of section 3327.10 of the Revised Code,
including providing written notice of incidents as set forth in division (D) of
section 3327.10 of the Revised Code.
(9) Applicants for a
waiver from the insulin-using diabetes mellitus qualification are to submit
applications on plain paper and include all supporting documents and the
information as set forth in this paragraph. Each information item is to 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 commercial motor vehicle (CMV) as defined in rule
4901:2-5-01 of the Administrative Code; and
(iii) Number of years
driving vehicles other than a CMV or school bus.
(c) Experience factor
(i) Unless the department
is satisfied otherwise, the driver has accumulated at least two years'
experience operating a motor vehicle on a regular basis and that experience is
recent enough to reflect the driver's capabilities; and
(ii) Additionally, to
qualify for a waiver, a driver has a clean driving record as described in
paragraph (F)(4)(a) of this rule for the three years immediately preceding the
date of the application.
(d) Applications will include supporting documents
necessitated by this rule and any other documents deemed necessary by the
department.
(G) The following applies to waivers
under this rule:
(1) A waiver issued by
the department is valid for six 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.
(2) A waiver issued by
the department may be revoked for failure to comply with this
rule.
(3) All medical
documentation submitted to the department according to this rule may be
reviewed by a panel of physicians appointed by the department. This panel of
physicians is to make a recommendation on whether a waiver should be issued
based upon medical documentation.
(4) The department has
final approval say on all waiver determinations.
