W. Va. Code R. § 126-092 app. A
[Insert county board.]
Purpose
The National Transportation Safety Board (NTSB) issued a directive to the Federal Transit Administration (FTA) to educate service agencies on the potential safety risks associated with the use of prescription (Rx) and over-the-counter (OTC) medications by employees who perform safety sensitive functions.
In the interest of complying with this directive and protecting employees and others, the West Virginia Department of Education (WVDE) has developed this Rx/OTCpolicy template for use by county boards. County boards are encouraged to use this template to adopt their own policy. All safety-sensitive employees must make sure that any prescribed drug, any over-the-counter medication, or combination of drugs being taken will not adversely impact their job performance. The employee must inform the prescribing medical practitioner of the employee's job duties performed and the medical practitioner must approve the medications to ensure that the employee's job duties can be performed safely.
Applicability.
This Rx/OTC policy shall apply to all school bus operators, mechanics, aides, and county directors.
The procedure set forth herein applies only to medications that are to be taken or that would have an effect while at work.
Prescription Medications.
The appropriate use of legally prescribed medications is not prohibited.
Employees have the responsibility to discuss the potential effects of any prescription medication with the prescribing medical practitioner including its potential to impair mental functioning, motor skills, or judgment.
Employees must refrain from performing any safety sensitive duties any time their ability to safely perform their job duties is adversely impacted using a prescription medication.
A legally prescribed drug means the employee has a prescription or other written approval from a medical practitioner for his/her use of a drug in the course of medical treatment. The written statement must include the employee's name, the name of the substance, quantity/amount to be taken, and the period of authorization.
The misuse or abuse of prescription medications is prohibited. Examples of misuse and/or abuse include:
a) use of a medication that is not prescribed by the employee;
b) the employee exceeds the prescribed dosage;
c) use of any medication that contains alcohol within four hours of performing safety-sensitive functions; and
d) use of any prescription medications that adversely impacts the employee's ability to safely perform his/her assigned duties;
The WVDE requires that all safety sensitive employees obtain a statement from their medical practitioner for each medication prescribed indicating whether the employee should be medically disqualified from performing safety-sensitive functions during the duration of the treatment.
The statement must be provided to the county where it will be kept in the employee's confidential medical file.
Over-the-Counter Medications
The misuse or abuse of OTC medications is prohibited. Examples of misuse and/or abuse include:
a) use of any medication that contains alcohol within four hours of performing safety-sensitive functions;
b) use of any OTC that adversely impacts the employee's ability to safely perform his/her job duties;
c) using an OTC for other than its intended purpose; and
d) exceeding the recommended dosage.
The WVDE requires that all safety-sensitive employees obtain a statement from their medical practitioner or pharmacist for each OTC used that has a warning label or caution that indicates that mental functioning, motor skills, or judgment may be adversely affected.
As an example, the warning label might indicate, "May cause drowsiness. Use care when operating a car or heavy machinery."
The statement should indicate whether the employee should be medically disqualified from performing safety-sensitive functions during the duration of the treatment.
The statement must be provided to the county board where it will be kept in the employee's confidential medical file.
Medical Disqualification.
Ultimately, the employee is the best judge of how a substance is impacting him/her.
As such, the employee has the responsibility to inform the medical practitioner/pharmacist of performance altering side effects and request medical disqualification from performance of his/her duties.
The employee is encouraged to discuss/consider alternative treatments that do not have the performance altering side effects.
An employee will be medically disqualified from the performance of safety-sensitive functions if the medical practitioner/pharmacist determines that the side effects of the medication being taken pose a potential threat to the safety of co-workers, the public, and/or the employee.
The medical practitioner/pharmacist determination is subject to review by the WVDE or county boardphysician (physician).
The physician may consult with the medical practitioner/pharmacist to obtain additional information as necessary. Based on the information provided, the physician may determine that the employee should be medically disqualified.
The physician's decision will be deemed final.
The medical practitioner/pharmacist statements and any other medical information obtained through this process are confidential information and will be maintained in confidential medical files in the county board office.
Procedural Guidelines.
The employee has the responsibility to assess his/her fitness for duty while using Rx/OTC prescription medication.
The employee has the following responsibilities:
a) to discuss the potential effects of any OTC drug with a medical practitioner or pharmacist, including any adverse impact on the safe performance of his/her job duties. The employee is encouraged to discuss with his/her medical practitioner/pharmacist alternative treatments that do not have performance altering side effects;
b) to inform the medical practitioner/pharmacist of performance altering side effects experienced and request medical disqualification from the performance of safety-sensitive job duties;
c) must have the medical practitioner/pharmacist determine if he/she should be medically disqualified from the performance of safety-sensitive job duties based on the side-effects of the OTC; and
d) must request the medical practitioner/pharmacist to complete a statement indicating whether or not the employee should be medically disqualified, and if so, the duration of the disqualification.
Employees are required to provide the medical practitioner/pharmacist statement to their employer.
The employee must notify his/her immediate supervisor of the duration of his/her medical disqualification. The employee will be immediately removed from duty.
Employees will be allowed to use their accumulated sick leave, personal time, and/or vacation for the duration of the medical disqualification.
A list of medications that are of the greatest concern may be obtained from the county board or the WVDE Office of School Facilities and Transportation.
The list of medications will be provided as a guide only and should not be considered all-inclusive.
Use of the list of medications to identify potential problematic medications does not exempt the employee from the process as defined herein, but should be used to trigger more in depth discussions with the medical practitioner/pharmacist.
Consequences of Policy Violation.
An employee who fails to report the use of an Rx/OTC medication or who performs safety-sensitive functions when his/her performance is being adversely impacted by an OTC medication will be subject to the following discipline.
Failure to Report (First Offense) [Insert county disciplinary action here.]
Failure to Report (Second Offense) [Insert county disciplinary action here.]
Performance of safety-sensitive function when adversely impacted by OCT medication. [Insert county disciplinary action here.]
Falsification of medical practitioner/pharmacist statement. Discharge
W. Va. Code R. 126-092 app A