West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-092 - West Virginia School Bus Transportation Regulations, Procedures, and Specifications for the Design and Equipment of School Buses (4336) › Appendix A - Prescription and Over-The-Counter Medication Policy Template

Current through Register Vol. XLI, No. 28, July 12, 2024
[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