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SCHOOL BUS DRIVERS

A person shall not drive a school bus, school activity bus, or multifunction school activity bus unless he or she is physically qualified to do so.  Each school bus driver shall undergo and successfully complete an annual physical examination in compliance with the requirements of 49 CFR 391.41 and 391.43, which list those physical and mental conditions for which the medical examiner is directed to disqualify an applicant.   A driver shall not operate a school bus, school activity bus, or multifunction school activity bus unless he or she has on his or her person the original or photographic copy of the medical examiner's certificate stating that the driver is physically qualified to drive a school activity bus, or multifunction school activity bus.  Trans. Code 521.022; 37 TAC 14.12
A person disqualified on the basis of the medical examination may request special consideration in accordance with 37 TAC 14.13.

DEFINITIONS

The definitions related to individuals with disabilities and exceptions to those definitions included in policy DAA shall be used in applying and interpreting this policy and any policy adopted in conjunction with this policy.

BLOODBORNE PATHOGEN CONTROL

The School employs employees who provide services in a public facility providing health care-related services who have a risk of exposure to blood or other material potentially containing bloodborne pathogens in connection with exposure to sharps. As such the School shall comply with the minimum standards set by the Texas Department of Health (TDH).

“Sharps” Defined

"Sharps" means an object used or encountered in a health care setting that can be reasonably anticipated to penetrate the skin or any other part of the body and to result in an exposure incident, including a needle device, a scalpel, a lancet, a piece of broken glass, a broken capillary tube, an exposed end of a dental wire, or a dental knife, drill, or bur. 

Minimum Standards

The minimum standards in TDH's Bloodborne Pathogens Exposure Control Plan require the School to:

  1. Develop, review annually, update as necessary, and document its actions regarding a comprehensive exposure control plan appropriate to the School and its particular facilities;
  2. Provide, at School expense, personal protective equipment and Hepatitis B vaccinations to affected employees, and if an employee declines to be vaccinated, maintain a record of the employee's written refusal;
  3. Provide to affected employees pre-service and annual refresher training as described in the TDH Exposure Control Plan;
  4. Record all exposure incidents (e.g., "sticks" by needles or other "sharps") in a sharps injury log and report the sharps injury to TDH on a standardized form.
  5. Provide a post-exposure evaluation and follow up with an employee who has a sharps injury.

Health Code 81.301-.307; 25 TAC 96

COST OF HEPATITIS TESTING AFTER ACCIDENTAL EXPOSURE

If certified emergency medical services personnel, a firefighter, a peace officer, or a first responder who renders assistance at the scene of an emergency or during transport to the hospital is accidentally exposed to blood or other body fluids of a patient, the hospital to which the patient is transported shall take reasonable steps to test the patient for hepatitis B or hepatitis C.  If the School employs the person, or the person works as a volunteer for the School in connection with rendering the assistance, the School is responsible for paying the costs of the test.  Health and Safety Code 81.095(B)

GENETIC INFORMATION

Any receipt of genetic information in response to a request for medical information shall be deemed as inadvertent if a district uses language such as that at 29 CFR 1635,8(b)(1)(B)

29 CFR 1635.8(b)(1)(A)  [See DAB]

PRE-EMPLOYMENT INQUIRIES AND EMPLOYMENT ENTRANCE EXAMINATIONS

The School shall not conduct a medical examination, or make inquiries of a job applicant, as to whether such applicant is an individual with a disability, or as to the nature or severity of a disability, except as provided below. However, the School is permitted to make pre-employment inquiries into the ability of an applicant to perform job-related functions, such as asking an applicant to describe, or demonstrate, how, with, or without, reasonable accommodation the applicant will be able to perform job-related functions. 42 U.S.C. 12112(c)(2); 29 CFR 1630.14(a)

The School may require a medical examination (and/or inquiry) after an offer of employment has been made to a job applicant and prior to the beginning of employment duties, and may condition the offer on the results of such examination (and/or inquiry), provided all entering employees in the same job category are subjected to such an examination (and/or inquiry), regardless of disability.

The results of a pre-employment medical examination shall be used only to determine the applicant's ability to perform job-related functions.

42 U.S.C. 12112(c)(3); 29 CFR 1630.14(b)

EXAMINATION AND INQUIRIES OF EMPLOYEES

The School may require a medical examination (and/or inquiry) of an employee that is job-related and consistent with business necessity and may make inquiries into the ability of en employee to perform job-related functions.

EXAMINATION DURING EMPLOYMENT

The Superintendent may require an employee to present medical information regarding the employee's ability to perform the regular duties of his/her position at any time during employment. If the medical information indicates that the employee is not currently able to perform the duties of the position, the Superintendent may require the employee to take a leave of absence until the employee submits medical information that (s)he is able to perform the duties of the position. During the period of the leave of absence, the employee must use all applicable forms of paid leave and, after paid leave is exhausted, shall be placed on leave without pay for the remainder of the absence. An employee on a leave of absence under this provision may be entitled to the benefits of the Family and Medical Leave Act (FMLA, and the leave may be designated as FMLA leave. (See also DEC)

See 42 U.S.C. 12112(c)(4); 29 CFR 1630.14(c)

The results of an employee's medical examination shall be used only to determine the applicant's ability to perform job-related functions.

42 U.S.C. 12112(c)(4); 29 CFR 1630.14(c)

CONFIDENTIALITY

Information obtained regarding the medical condition, or history, of the applicant shall be collected and maintained on separate forms and in separate medical files and shall be treated as confidential medical records.  However, supervisors and managers may be informed regarding necessary restrictions on the
employee's work, or duties, and necessary accommodation; first aid and safety personnel may be informed when appropriate, if the disability may require emergency treatment.  29 CFR 1630.14(c)

AIDS TESTING

The School may not require an employee to undergo medical procedures or tests for AIDS or HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS unless the procedure is necessary as a bona fide occupational qualification, and there exists no less discriminatory means of satisfying the occupational qualification. "Bona fide occupational qualification" means a qualification that is reasonably related to the satisfactory performance of job duties and for which there is reasonable cause to believe that a person who tests positive would be unable to perform satisfactorily the job duties safely.

Health and Safety Code 81.101(3), 81.102(a)(5)(a)

Adopted:          11/7/80
Amended:         3/12/82, 11/12/87, 1/26/90, 1/29/93, 11/19/93, 11/17/95, 11/14/97, 1/28/00, 3/26/02, 1/28/05, 4/5/13
Reviewed: