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Drug & Alcohol Policies - Discretionary or Zero Tolerance

The Federal Motor Carrier Safety Administration (FMCSA) maintains strigent requirements for drug and alcohol testing in addition employers should have effective written policies about testing and dealing with positive tests when they occur. Test accuracy, prescription medications, and other factors often arise as issues that must be considered and reconciled. This article will review a school bus contracto's responsibilities related to FMCSA Random Drug & Alcohol tests, as well as review h...
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Legal Updates for School Bus Contractors - Year in Review

2018 will see the effects of many laws and regulations that that were passed in the last year. Following is a brief “year in review” highlighting the federal and state regulations that matter to Pennsylvania’s school bus contractors.
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Legal Updates for School Bus Contractors – 2017 in Review

2018 will see the effects of many laws and regulations that that were passed in the last year. Following is a brief “year in review” highlighting the federal and state regulations that matter to Pennsylvania’s school bus contractors.
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Disqualifying Events for School Bus Drivers

The PA Public School Code 24 P.S. §111-1 requires background checks for employees and independent contractors employed by public and private schools, intermediate units and area vocational-technical schools. The list of disqualifying criminal offenses includes twenty-six criminal violations with no limit on the lookback period. This article discusses the existing state law and proposed federal legislation regarding DUI convictions that also have an unlimited lookback period.
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Disqualifying Events for School Bus Drivers

In September 2017, Rep. Grace Meng (D-NY) introduced H.R.3703, the No School Bus Drivers with DUIs Act, aimed at prohibiting state and local education agencies from hiring school bus drivers who have been previously convicted of a DUI. This bill stems from recent national news stories reporting on isolated incidents of poor background check protocols. The NSTA and related trade associations responded earlier this year to news reports circulated by CBS News alleging poor search practices, and ref...
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Electronic Logging Devices and Electronic OSHA Reporting Compliance Deadlines in December 2017

After December 1, 2017, school bus contractors with 20 or more employees will be required to report workplace injuries electronically. OSHA, at 29 CFR § 1904, requires employers to keep records of workplace injuries on forms 300, 300A, and 301. After December 1, 2017, the required reporting will be done on the OSHA Injury Tracking Application (ITA). More reporting information can be found at https://www.osha.gov/dcsp/osp/states.html.
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Electronic Logging Devices and Electronic OSHA Reporting Compliance Deadlines in December 2017

The compliance date for the Federal Motor Carrier Safety Administration’s (FMCSA) electronic logging device (ELD) requirement (keeping mileage logs electronically instead of on paper) is December 18, 2017. School bus operations are generally exempt from the federal ELD requirement according to 49 CFR 390.3 and 390.5. But, school bus contractors should be aware of the scope of the exemptions.
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