Transcript Insulin Dependent School Bus Drivers - Char

Insulin Dependent School Bus
Drivers
Medical Waiver Board Appeal
Process
Prior to June 22, 2010
 The school bus driver medical standards
were set by the Pupil Transportation Act, Act
187 of 1990. Under the rules, a bus driver
with diabetes qualified for a school bus
medical certificate provided they met certain
conditions.
 It was not a waiver
 No waivers were available.
After June 22, 2010
 Public Act 93 of 2010 was signed into law
 As of this date, the medical requirements of
bus drivers changed to “the
requirements…found in 49 CFR 391.41 to
391.49.
 Commonly called the “DOT Physical”
 391.41(b)(3) disqualifies a driver that uses
insulin to control diabetes.
Two Exceptions
The requirement of 49 CFR 391.41 (b)(3)
does not apply if either of the following is
true:
The driver of the school bus has been
granted a waiver under section 3 of the
motor carrier safety act of 1963, 1963 PA
181, MCL 480.13. (Was not possible at the
time.)
Two Exceptions
Or
The driver of the school bus is employed as
a school bus driver on the effective date of
the amendatory act that added this
subdivision, diabetes is noted at the time of
examination, and the requirements of
subdivision (c) are met. (Grandfathered)
Motor Carrier Safety Appeal Board
 Created in Act 181, Motor Carrier Safety
Act.
 480.13 of Act 181 states The Appeal Board
shall decide applications for waivers from
medical requirements of this act and the
rules promulgated pursuant to this act.
 480.15 also stated This act and the rules
promulgated under this act do not apply to a
school bus …
House Bill 4360
 Signed into law Public Act 156 on
September 27, 2011
 Amended Act 181 section 5 to read “Except
for the purpose of granting a waiver in
accordance with section 53 of the pupil
transportation act this act and the rules
promulgated under this act do not apply to a
school bus…
So now school bus drivers can
apply for a waiver from the
insulin controlled diabetes
disqualifier.
Three Possible Situations
 A bus driver that was diagnosed with
diabetes and was employed as a bus driver
prior to June 22, 2010
 A current bus driver that develops diabetes
after June 22, 2010
 A new hire bus driver that does not pass the
medical examination.
Diabetic driver before June 22, 2010
 Grandfathered in.
 Follow the rules that were in effect prior to
June 22, 2010.
 Continues to carry a blue MDE medical
card.
 Does not need a waiver.
Medical Waiver Board Process
 Driver fails DOT Physical due to insulin use.
 The employer determines if they will support
the driver operating their school buses with
a medical waiver. They are not required to.
 A waiver packet is submitted to the State
Police Commercial Vehicle Enforcement
Division Medical Waiver Unit.
Waiver Packet to be submitted
includes
 MC-027 Application for Intrastate Medical
Waiver
 MC-028 Physician’s Statement of
Examination
 MC-029 Vision Specialist Statement of
Examination
 DOT Medical Examination Report
 60 days of blood sugar readings
 Employment application
 Driving record
 Copy of accident reports for any accidents
applicant has been involved in the last five
years.
 May submit any other documentation to
support appliacation.
Common Problems
 Incomplete forms. All information requested
is required.
 Each medical document must be completed
by a different medical professional.
 Paperwork too old. All exams must be
completed within the prior 60 days.
 Missing documentation. No blood sugar
reading, driving record, crash report…
Waiver Board Meeting
 After the complete packet is submitted the
driver will be schedule to attend the next
waiver board meeting.
 The driver must attend or a waiver will not
be approved.
 The employer is encouraged to attend.
 The waiver will be approved or denied at the
meeting.
General Information
 The waiver board meets the third
Wednesday of the month in January, April,
July, and October.
 The application packet is due two weeks
before the waiver board hearing.
 The waiver will be valid for no more than
one year. May be less if board has
concernes.
General Information (cont)
 The waiver is only valid for the company
(school district) listed on the waiver.
 The waiver is only valid in intrastate
operations. (Within Michigan)
 Driver may have more than one waiver.
Renewal
 Same packet is required except instead of
an employment application, a list of
accidents and sick time used since last
waiver was issued is required.
 Unless something unusual happened, the
applicant does not have to attend another
waiver board hearing.
Additonal Information
 Michigan Department of Education Web
Page. Pupil Transportation link.
 Michigan Department of State Police Web
Page. Commercial Vehicle Enforcement
Division link.
 Michigan State Police Medical Waiver Unit
(517)241-0542
Touch HERE to move on to
MCL 480.13 Motor Carrier Safety
Review Board
Regulation