W. Va. Code R. § 126-92-19

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 126-92-19 - Physical Examination for Operators and Contract Operators

19.1. The operator shall pass an annual physical examination from a medical examiner. This examination shall be conducted no earlier than April 1^st 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.

W. Va. Code R. § 126-92-19