7 SCHOOL BUS DRIVERS, SUBSTITUTES, AND BUS ASSISTANTS RESPONSIBILITIES
7.1 Accidents and Emergencies
The term vehicle is used in this section to refer both to a school bus and to school-owned vehicles used to transport students to and from school and on school-sponsored activity trips.
7.1.1 Reasons for Emergency Evacuations
a. Fire or danger of fire. The vehicle shall be stopped and evacuated immediately if any portion is on fire. Passengers shall move a safe distance away from the vehicle and remain there until the driver of the bus has determined that no danger remains.
b. Unsafe position. If a vehicle is stopped the driver shall determine immediately whether it is safe for passengers to remain in the vehicle or to evacuate. The driver shall evacuate if:
(1) The vehicle stops in the path of any train.
(2) The stopping position of the vehicle is subject to change and thus increases the danger to passengers.
(3) The stopping position of the vehicle is such that there is danger of collision.
7.1.2 Responsibilities of the Driver
In the case of any accident involving a school bus or school-owned vehicle, the driver’s first responsibility is to the safety of the passengers. In addition, the driver shall:
a. Stop immediately.
b. Maintain control of passengers.
c. Protect the accident scene.
d. Remain at the scene of the accident and not move the vehicle.
e. Render reasonable assistance to any person injured in the accident.
f. Notify Police, the local transportation provider, and the School District Administrator, in that order.
g. If it is necessary to evacuate passengers, make certain that all passengers are in a safe location away from traffic and that they are not permitted to leave the scene of the accident on their own.
h. Place reflectors appropriately to warn traffic.
i. Obtain information such as names, license numbers, registration numbers, location, time, road and weather conditions, and a listing of all passengers including their seating locations.
j. Make no admission of liability or assume responsibility for the accident.
k. Comply with local policy and procedure in reporting the accident.
l. Adhere to any vital emergency medical information provided.
m. Report all school bus accidents in accordance with local district and state accident reporting procedures.
7.1.3 Procedure for Reporting Bus Accidents to Parents
1. The School Principal and/or designee will telephone all parents and inform them that their child was involved in a bus/auto accident as soon as possible.
2. The principal or designee shall convey the following information when placing the call:
a. We are calling you to inform you that the bus your child was riding was involved in an auto/bus accident. Your child was not (REPEAT) was not hurt and no apparent injury is being identified.
OR
b. Your child reports that he/she was bumped on the head, etc., however, no apparent injury is present.
OR
c. Your child was injured and has been transported for examination or treatment to Hospital.
3. All students will be asked by driver, police officers, transportation director, and contractor if they were injured/bumped etc., at the scene of the accident.
4. The police officer responding to the accident should assist in determining whether medical assistance is needed at the scene of the accident.
7.2 Student Safety
a. The driver and/or assistant shall meet all needs identified in a student’s IEP.
b. Driver shall not permit any passengers to occupy any area in front of the passenger seating area while the bus is in motion.
c. No vehicle shall carry more than the rated seating capacity. All students shall be seated when the bus is in motion.
d. The driver shall not carry on any unnecessary conversations with students while driving.
e. The driver shall have the authority to assign students to seats. Drivers/Contractors will maintain a roster/seating chart for all students riding a school bus.
f. The driver shall not permit the transportation of firearms, knives, explosives, breakable glass, laser lights, balloon bouquets, flower arrangements, or other dangerous objects, reptiles, or animals, except those animals authorized by an IEP. Animals can only be transported if they are prescribed by a doctor for a specific disability. The animal will be certified, trained in the specific area of disability and have all up to date immunizations.
g. Only under exceptional circumstances when it is impractical to unload passengers, shall buses be fueled while students are on board.
h. Be responsible for the safety and orderly conduct of he passengers on their assigned bus routes.
i. Report all serious discipline cases to the school district administrator or designee in accordance with the local school board’s policy and in compliance with this regulation.
j. Drivers are not allowed to use cell phones while driving a bus, except in the case of an extreme emergency. Cell phone use is allowed when the school bus is stopped and secured in a safe location.
7.3 Daily Driver Pre-Trip/Post-Trip Inspection Requirements
All school bus drivers are required to perform, at a minimum, the following duties:
a. Safe and efficient operation of the school bus in accordance with Federal, State, and Local Statutes and Regulations.
b. A daily, thorough pre-trip operational check of the school bus and special equipment unless completed by other qualified personnel. A documented pre-trip and post-trip inspection shall be conducted which shall cover at a minimum:
Outside the Vehicle
(1) Wheels, tires, lug bolts and nuts for serviceability.
(2) All exterior lights for serviceability and operation.
(3) All glass, mirrors, windshields (clean and unbroken and mirrors adjusted for the driver).
(4) Exhaust system for leaks, looseness, etc.
(5) Oil, water, and any other fluid leaks (power steering, power brakes, transmission, differential, etc.)
(6) Service door, emergency exits, and buzzers.
(7) Stop arm and signs.
(8) Engine compartment for serviceability, battery, belts, wiring, etc. and proper oil and water levels.
(9) Lift system for those vehicles equipped.
(10) Fuel filler cap.
Inside The Vehicle
(1) All gauges, seats, and interior lights.
(2) Horn and windshield wipers.
(3) Emergency equipment i.e., first aid kit, fire extinguisher, reflectors, body fluid clean-up kit.
(4) Emergency exits and buzzers.
(5) Parking brake and service brake.
(6) Interior mirror.
(7) Cleanliness of vehicle.
(8) Heaters and defrosters.
7.3.1 Repair of Bus That Does Not Meet Inspection Requirements
The driver shall not operate any bus that does not meet the pre/post trip inspection requirements. The contractor shall immediately repair or provide a spare bus to temporarily service the route.
7.3.2 Ensuring No Students Remain on Bus at Conclusion of Trip
The driver shall, as part of each post-trip inspection, ensure that no student remains on the bus at the conclusion of the trip.
7.3.3 Reporting of all Faulty/Improperly Functioning Equipment
Report in writing on the appropriate forms signed by the driver all faulty or improperly functioning equipment to the local transportation provider or to the school district administrator.
7.4 Physical Qualifications
Before transporting students, a school bus driver, activity driver substitute driver and bus assistant are required to have a physical examination, and renewed every 24 months from the date of the last examination, or before as specified by a licensed physician. School bus drivers, activity school bus drivers and substitute school bus drivers are required to use the physical examination form established by the department of transportation (DOT).
Additional physical examinations shall be required at any other time at the request of the Roswell Independent School District, State Transportation Director, or local transportation provider.
All physical examinations shall be conducted by a licensed physician under criteria developed by and certified on a form specified by the State Transportation Director.
7.4.1 Controlled Substance and Tobacco Restrictions
All school buses shall be alcohol, drug, and tobacco free areas.
The driver or the bus assistant shall not use alcoholic beverages, illegal substances, or legal substances prior to or during duty hours which would impair the drivers ability to drive the school bus or the bus assistants ability to perform required duties.
7.4.2 Drug Testing
The Omnibus Transportation Employee Testing Act of 1991 requires alcohol and drug testing of safety-sensitive employees in the aviation, motor carrier, railroad, and mass transit industries. The Department of Transportation published rules mandating anti-drug and alcohol misuse prevention programs in February 1994. Effective January 1, 1996, employers who employ fewer than 50 individuals for safety sensitive positions must implement the federal drug and alcohol testing requirements. School bus drivers fall within the federal definition of safety sensitive employees. 10% of employees must undergo random alcohol testing, 50% of employees must undergo random drug testing.
All substance abuse/alcohol testing will be done in compliance with Federal Register 49 CFR Part 40, 49 CFR Part 382 and 49 CFR Part 391. All employees who possess a Commercial Drivers License and are required by their job description to perform in a safety sensitive position are prohibited from being under the influence of controlled substances and/or alcohol while performing their job, and shall be subject to the drug and alcohol testing programs outlined below.
Safety Sensitive Function as defined in 49 CFR Part 382.107:
All time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work.
All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer.
All time inspecting equipment as required by 392.7 and 392.8 of this subchapter or otherwise inspecting, servicing or conditioning any commercial motor vehicle at any time.
All time spent at the driving controls of a commercial motor vehicle in operation.
All time, other than driving time, in or upon any commercial motor vehicle expect time spent resting in a sleeper berth (a berth conforming to the requirements of 393.76 of this subchapter).
All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and
All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Prohibitions:
No employee shall possess or carry beverage alcohol or a controlled substance in a commercial vehicle.
No employee shall report for duty or remain on duty while under the influence of alcohol or a controlled substance.
No employee shall use alcohol or a controlled substance while performing a safety sensitive function.
No employee shall perform in a safety sensitive function within four hours of using alcohol or a controlled substance.
No employee required to submit to a post-accident alcohol or controlled substance test shall use alcohol for eight hours following the accident, or until the driver undergoes the required post-accident test, whichever occurs first.
No employee shall refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol or controlled substance test.
The following constitutes refusal to submit:
Failure to provide adequate breath for testing without a valid medical explanation by a medical doctor.
Failure to provide adequate urine for testing within a reasonable time without a valid medical explanation from a medical doctor.
Failure to sign the alcohol breath testing certification form and/or initial the log book entry for the screening and/or confirmation test.
Engaging in conduct that clearly obstructs the testing process.
No employee shall report for duty or remain on duty while using any controlled substances unless used in accordance with the prescription of a medical doctor who has advised that the substance will not adversely affect the drivers ability to safely operate a commercial motor vehicle. Employees shall be required to report any prescribed drug use to their immediate supervisor.
All testing procedures used to test for alcohol and controlled substances will be in accordance with Federal Register 49 CFR Part 40. All employees in, or applicants for, safety sensitive positions shall be tested for substance and/or alcohol use in accordance with the following:
Pre-employment testing – All applicants for safety sensitive positions shall be tested for controlled substance use prior to final consideration for hire.
Post-accident testing – An employee who is operating a commercial vehicle involved in an accident that results in the loss of life or a moving violation for the operator shall submit to an alcohol and controlled substance test as soon as practicable after the accident. When reporting the accident, the employee is required to report whether the accident resulted in the loss of life or a moving violation. It is then the responsibility of the local transportation provider supervisor or School District Administrator to arrange testing.
If the alcohol and/or substance use tests are not administered within eight hours following the accident, the district shall document the reasons the tests were not administered within that time. If the alcohol test is not administered within eight hours following the accident or the controlled substance test is not administered within 32 hours following the accident; no such tests shall be conducted. The district shall document the reasons the tests were not conducted within the required time frame.
Drivers who are subject to this post-accident testing shall remain readily available for the test or may be deemed to have refused the tests. Drivers shall not be prohibited from leaving the scene of the accident for the period of time necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
The results of alcohol or controlled substance tests administered by Federal, State of local officials having independent authority for the test may be used to satisfy this section, provided the tests comply with applicable Federal, State, or local requirements and the results of the test are obtained by the District.
Reasonable suspicion testing – It will be the responsibility of local transportation provider supervisor to monitor employees in safety sensitive positions for alcohol and controlled substance use. When a local transportation provider supervisor has reasonable suspicion, based on the training provided, that an employee in a safety sensitive position is under the influence of alcohol or a controlled substance, the local transportation provider supervisor shall require reasonable suspicion testing of the employee. The required test(s) shall proceed as follows: