Legal Focus

According to the General Duties Clause of the Occupational Safety and Health Act (OSHA), 29 U.S.C. § 654, each employer must furnish employees a place of employment free from recognized hazards that are likely to cause serious physical harm to employees. In the school bus industry that usually means protection from school bus violence. In January, 2017, OSHA fined a Pennsylvania psychiatric hospital $32,000 for exposing its employees to workplace violence caused by patients. Similarly, a Massach...

How school bus contractors respond when a student acts out on the school bus is a balancing act of knowledge, training, and consistency. School bus contractors are obligated to keep all students safe, and are mandated by state and federal laws to provide a safe environment on the school bus. Parents and school administrators have different concerns and legal obligations than do school bus contractors. Often, this makes it difficult for all three parties to see eye-to-eye, which increases the ne...

How should school bus operators respond when a special needs student acts aggressively on the school bus? Of course, school bus operators want to be sensitive to the special needs of the student who may be exhibiting violent behavior. But, school bus operators must keep all students safe and, as employers, are obligated under OSHA to provide a safe work environment for their workers (29 U.S.C. 29 U.S.C. § 654.)

The General Duties Clause of the Occupational Safety and Health Act (OSHA), says that “[e]ach employer shall furnish … employees … a place of employment … free from recognized hazards that are … likely to cause … serious physical harm to … employees”. 29 U.S.C. § 654, 5(a). Recently, OSHA fined a York, PA healthcare provider $98,000 because OSHA found that the employer did not properly respond to an employee’s request for help with treating violent patients. This article will discuss wh...

Aggressive behavior in children is both common and sometimes dangerous. Are your drivers trained in understanding aggressive behaviors and implementing best practices to calm them down? Outlined in this article are reasons why children may become aggressive, intervention tactics, and your legal rights as a bus contractor.