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Safety Recommendation Details

Safety Recommendation H-04-012
Details
Synopsis: On April 4, 2002, about 8:19 a.m., a 15-passenger Ford E-350 van, driven by a 27-year-old driver and transporting six children to school, was southbound in the left lane of Interstate 240 in Memphis, Tennessee. The van was owned and operated by Tippy Toes Learning Academy (Tippy Toes), a private child care center. A witness driving behind the van stated that the vehicle was traveling about 65 mph when it drifted from the left lane, across two other lanes, and off the right side of the roadway. She said that she did not see any brake lights. The van then overrode the guardrail and continued to travel along the dirt and grass embankment until the front of the van collided with the back of the guardrail and a light pole. The rear of the van rotated counterclockwise and the front and right side of the van struck the bridge abutment at the Person Avenue overpass before coming to rest. The driver was ejected through the windshield and sustained fatal injuries. Four of the children sustained fatal injuries, and two were seriously injured.
Recommendation: TO THE STATES AND THE DISTRICT OF COLUMBIA CHILD CARE TRANSPORTATION OVERSIGHT AGENCIES: Implement an oversight program for child care transportation that includes the following elements: Preemployment, random, postaccident, and "for cause" drug testing for all child care transportation providers and the prohibition of anyone who tests positive for drugs from transporting children.
Original recommendation transmittal letter: PDF
Overall Status: Open - Unacceptable Response
Mode: Highway
Location: Memphis, TN, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: hwy02MH015
Accident Reports: 15-Passenger Child Care Van Run-Off-Road Accident
Report #: HAR-04-02
Accident Date: 4/4/2002
Issue Date: 4/21/2004
Date Closed:
Addressee(s) and Addressee Status: Commonwealth of Kentucky, Office of Inspector General (Open - Unacceptable Response)
Commonwealth of Massachusetts, Office of Child Care Services (Open - Unacceptable Response)
Commonwealth of Pennsylvania, Department of Public Welfare (Open - Acceptable Response)
Commonwealth of Virginia, Department of Social Services (Open - Unacceptable Response)
District of Columbia, Department of Health (Open - Acceptable Response)
State of Alabama, Department of Human Resources (Open - Acceptable Response)
State of Alaska, Department of Health and Social Services (Open - Unacceptable Response)
State of Arizona, Department of Health Services (Open - Unacceptable Response)
State of Arkansas, Department of Human Services (Open - Unacceptable Response)
State of California, Department of Social Services (Open - Acceptable Response)
State of Colorado, Department of Human Services (Open - Unacceptable Response)
State of Connecticut, Department of Public Health (Open - Acceptable Response)
State of Delaware, Department of Services for Children, Youth and Families (Open - Unacceptable Response)
State of Florida, Department of Children and Families (Open - Unacceptable Response)
State of Georgia, Department of Human Resources (Open - Unacceptable Response)
State of Hawaii, Department of Human Services (Open - Unacceptable Response)
State of Idaho, Department of Health and Welfare (Open - Unacceptable Response)
State of Illinois, Department of Human Services (Open - Acceptable Response)
State of Indiana, Family and Social Services Administration (Open - Acceptable Response)
State of Iowa, Department of Human Services (Open - Unacceptable Response)
State of Kansas, Department of Health and Environment (Open - Unacceptable Response)
State of Louisiana, Department of Social Services (Open - Unacceptable Response)
State of Maine, Department of Health and Human Services (Closed - Unacceptable Action)
State of Maryland, Department of Human Resources (Open - Unacceptable Response)
State of Michigan, Family Independence Agency (Open - Unacceptable Response)
State of Minnesota, Department of Human Services (Open - Unacceptable Response)
State of Mississippi, Department of Health (Open - Acceptable Response)
State of Missouri, Department of Health and Senior Services (Open - Unacceptable Response)
State of Montana, Department of Public Health and Human Services (Open - Unacceptable Response)
State of Nebraska, Department of Health and Human Services (Open - Unacceptable Response)
State of Nevada, Department of Human Resources (Open - Unacceptable Response)
State of New Hampshire, Department of Health and Human Services (Open - Unacceptable Response)
State of New Jersey, Department of Human Services (Open - Unacceptable Response)
State of New Mexico, Department of Children, Youth, and Families (Open - Unacceptable Response)
State of New York, Department of Family Assistance (Closed - Unacceptable Action)
State of North Carolina, Department of Health and Human Services (Open - Unacceptable Response)
State of North Dakota, Department of Human Services (Closed - Unacceptable Action)
State of Ohio, Department of Job and Family Services (Open - Unacceptable Response)
State of Oklahoma, Department of Human Services (Open - Unacceptable Response)
State of Oregon, Employment Department (Open - Unacceptable Response)
State of Rhode Island, Department of Children, Youth and Families (Open - Unacceptable Response)
State of South Carolina, Department of Social Services (Open - Unacceptable Response)
State of South Dakota, Department of Social Services (Open - Unacceptable Response)
State of Tennessee, Department of Human Services (Closed - Acceptable Action)
State of Texas, Department of Human Services (Open - Acceptable Response)
State of Utah, Department of Health (Open - Unacceptable Response)
State of Vermont, Human Services Agency (Open - Unacceptable Response)
State of Washington, Department of Social and Health Services (Open - Unacceptable Response)
State of West Virginia, Department of Health and Human Services (Open - Unacceptable Response)
State of Wisconsin, Department of Health and Family Services (Open - Unacceptable Response)
State of Wyoming, Department of Family Services (Open - Unacceptable Response)
Keyword(s):

Safety Recommendation History
From: NTSB
To: State of Mississippi, Department of Health
Date: 9/4/2014
Response: Has Mississippi taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of Mississippi, Department of Health
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Mississippi does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers. When a child care center employee or anyone transporting children in a licensed facility test positive for drugs, including alcohol, and the fact becomes known to the oversight agency, Mississippi takes steps to prevent the individual from ever transporting children for child care centers.
From: NTSB
To: State of Mississippi, Department of Health
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Mississippi does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers, but child care centers are not prevented from establishing such policies. When a child care center employee or anyone transporting children in a licensed facility test positive for drugs, including alcohol, and the fact becomes known to the oversight agency, Mississippi takes steps to prevent the individual from ever transporting children for child care centers.
From: NTSB
To: State of Mississippi, Department of Health
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060371) to our 6/2/2006 request for an update, which indicated that: According to MC 2060371, Mississippi does not require preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers, but child care centers are not prevented from establishing such policies. Should a child care center employee or anyone transporting children in a licensed facility test positive for drugs, including alcohol, and the fact becomes known to the oversight agency, Mississippi would take steps to prevent the individual from ever transporting children for child care centers.
From: State of Mississippi, Department of Health
To: NTSB
Date: 7/28/2006
Response: Letter Mail Controlled 8/4/2006 2:07:19 PM MC# 2060371: Neither the MDI 1, the child care facility licensing regulations, nor State law require that transportation providers be subject to a preemployment, random post accident, and "for cause'' drug testing. However, this does not prevent the child care provider licensee from establishing such policies. Should a child care facility employee or anyone transporting children in a licensed facility test positive for drugs, including alcohol, and the fact becomes known to the MDH, we would take steps to prevent that individual from ever again transporting children cared for in a licensed child care facility. Authority: Mr. Festus Simkins, Interim Director, Child Care Facilities Licensure, Mississippi Department of Health. If you have questions or concerns, please call Mr. Simkins at (601) 576-7613.
From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 9/4/2014
Response: Has Montana taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Montana does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. Commercial drivers within Montana must have pre-employment, random, post accident and drug testing before receiving their commerical drivers licenses.
From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Montana does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. Montana has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.
From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060355) to our 6/2/2006 request for an update, which indicated that: According to MC 2060355, Montana does not require preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers or prohibit anyone who tests positive for drugs from transporting children. Staff has been unable to determine whether Montana considered applicable legislation or regulations in 2005 or 2006.
From: State of Montana, Department of Public Health and Human Services
To: NTSB
Date: 7/11/2006
Response: Letter Mail Controlled 7/24/2006 11:50:59 AM MC# 2060355: Montana docs not require any drug tcsting for child care transportation drivers for preemployment, random, and post accident. No changcs are espccted during the 2007 legislature.
From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 2/26/2015
Response: We are disappointed that you have not required the recommended drug testing and driving prohibition, and that you have no plans to implement this recommendation. Accordingly, Safety Recommendation H-04-12 is classified CLOSED—UNACCEPTABLE ACTION.
From: State of Maine, Department of Health and Human Services
To: NTSB
Date: 10/9/2014
Response: -From Lauren V. Stewart, Director, Maine Department of Public Safety, Bureau of Highway Safety: There are no plans to implement this recommendation.
From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 9/4/2014
Response: Has Maine taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Maine does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit someone who tests positive for drugs from transporting children. It has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.
From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Maine does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit someone who tests positive for drugs from transporting children. Maine requires child care center staff responsible for or assisting with the care of children to be emotionally stable and mature, able to exercise good judgment, and not to engage in any action or practice that may be deemed detrimental to the welfare of children. Maine requires all child care center drivers to pass a Bureau of Motor Vehicle Driver History Report check; anyone with a poor record is prohibited from transporting children. Maine has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.
From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060335) to our 6/2/2006 request for an update, which indicated that: Maine requires child care center staff responsible for or assisting with the care of children to be emotionally stable and mature, able to exercise good judgment, and not to engage in any action or practice that may be deemed detrimental to the welfare of children. According to MC 2060335, Maine does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers or prohibit someone who tests positive for drugs from transporting children. Maine requires all child care center drivers to pass a Maine Bureau of Motor Vehicle Driver History Report check; anyone with a poor record is prohibited from transporting children. Staff has been unable to determine whether Maine considered applicable legislation or regulations in 2005 or 2006.
From: State of Maine, Department of Health and Human Services
To: NTSB
Date: 7/14/2006
Response: Letter Mail Controlled 7/17/2006 1:18:16 PM MC# 2060335: Drug testing is not required by child care facilities. All drivers are required to pass a Maine Bureau of Motor Vehicles Driver History Report check. Anyone with a poor record on either check is prohibited from transporting children.
From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 1/31/2005
Response: The Safety Board notes that according to Maine's Rules for the Licensing of Child Care Facilities § XIII 5, "child care staff responsible for or assisting with the care of children in the facility and other paid or unpaid staff and volunteers shall be emotionally stable and mature, able to exercise good judgment in the handling of children and shall not engage in any action or practice that may be deemed detrimental to the welfare of children." While these traits are important, they do not meet the intent of our safety recommendation. We would like to know what requirements exist for preemployment, random, postaccident, and "for cause" drug testing for all child care transportation providers and for prohibiting those who test positive for drugs from transporting children. If no such requirements exist, please tell us what plans you have to establish such testing requirements. Pending further response regarding drug testing, Safety Recommendation H-04-12 is classified "Open--Unacceptable Response."
From: State of Maine, Department of Health and Human Services
To: NTSB
Date: 6/2/2004
Response: Letter Mail Controlled 6/9/2004 10:29:59 AM MC# 2040289 The Rules for the Licensing of Child Care Facilities were revised effective November 12, 2002. They will be reviewed again within the next three years. The recommendations of the National Transportation Safety Board will guide the revision of the sections related to child care transportation oversight.
From: State of South Carolina, Department of Social Services
To: NTSB
Date: 12/2/2014
Response: -From Leroy Smith, Director, South Carolina Department of Public Safety: Implement an oversight program for child care transportation that includes the following elements: Preemployment, random, post-accident, and "for cause" drug testing for all child care transportation providers and the prohibition of anyone who tests positive for drugs from transporting children. NTSB Response/Question: South Carolina does not require pre-employment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit someone who tests positive for drugs from transporting children. Has South Carolina taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed- Unacceptable Action". Status: No legislation has been filed in the 2013- 2014 session of the South Carolina General Assembly which addresses this issue. SCDPS and the SC Department of Social Services are not aware of any legislative effort to file a bill concerning these matters in the session commencing in January, 2015. However, please note that the South Carolina Department of Social Services, as a recipient of federal grant funds, is subject to the Drug Free Schools and Communities Act. Further, the agency has been conferred regulatory authority over child care centers and both drivers and vehicles, when transporting children, are considered part of a center. Regulatory code 114-505 A(3), Health, Sanitation and Safety, states "During hours of operation there shall be no smoking or consumption of alcoholic beverages in the areas used by children or in the food preparation or storage areas. Smoking shall be permitted only in designated areas, a safe distance from the center. Consumption of alcoholic beverages or use of other non--prescription narcotic or illegal substances is prohibited on the center premises. People who appear to be under the influence of alcohol or other drugs shall not be in the center when children are present." (Source: Leigh Bolick, Director, Division of Early Care and Education, South Carolina Department of Social Services, October 10, 2014).
From: NTSB
To: State of South Carolina, Department of Social Services
Date: 9/4/2014
Response: Has South Carolina taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of South Carolina, Department of Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: South Carolina does not require preemployment, random, postaccident, or "for cause" drug testing for child care center drivers. South Carolina has not provided information on whether it prohibits anyone who tests positive for drugs from transporting children or whether it considered applicable legislation or regulations in 2007 or 2008.
From: NTSB
To: State of South Carolina, Department of Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: South Carolina does not require preemployment, random, postaccident, or "for cause" drug testing for child care center drivers. South Carolina has not provided information on whether it prohibits anyone who tests positive for drugs from transporting children or whether it considered applicable legislation or regulations in 2006 or 2007.
From: NTSB
To: State of South Carolina, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060311) to our 6/2/2006 request for an update, which indicated that: According to MC 2060311, South Carolina does not require preemployment, random, postaccident, and "for cause" drug testing for child care center drivers. Staff has been unable to determine whether South Carolina prohibits anyone who tests positive for drugs from transporting children or whether South Carolina considered applicable legislation or regulations in 2005 or 2006.
From: State of South Carolina, Department of Social Services
To: NTSB
Date: 6/27/2006
Response: Letter Mail Controlled 7/5/2006 11:08:50 AM MC# 2060311: Currently, the SC Department of Social Services does not require drug testing for child care transportation providers.
From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 11/21/2014
Response: -From Steven O. Dale, Governor’s Representative for Highway Safety: Thank you for allowing the State of West Virginia to respond to your Safety Recommendations of September 4, 2014. In the last few years West Virginia has passed a model Child Passenger Safety Law, Primary Seatbelt Law, Primary Texting and Hand Held Cell Phone Law, and is recognized as a DRE State. We have made significant progress and will continue to work towards making our roadways safe. Highway safety is a priority within State Government. West Virginia will review in depth all your recommendations and take them under consideration. The Governor's Highway Safety Program (GHSP) makes programming decisions based upon West Virginia Data as opposed to National Data because of our state's topography and small population base. Therefore, with that in mind what follows is West Virginia's response to your recommendations. West Virginia does not require pre-employment, random, post-accident, or "for cause" drug testing for all child care center drivers and does not prohibit someone who tests positive for drugs from transporting children. No immediate action is planned. Currently, child care center regulations require drivers to be at least 21 years old, and have a valid driver's license authorizing the driver to operate the vehicle being driven. Prior to hiring, submittal of evidence of a safe driving record for the five year period is required with no record of DUI related convictions for a five year period. Rules also require the driver not be impaired at the time of transporting children, including impairment caused by prescription medication: additionally, the driver must submit to drug and alcohol testing if required by center policy and he/she will not be hired if he or she refuses a required drug and alcohol test or tests positive.
From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 11/21/2014
Response: -From Steven O. Dale, Governor’s Representative for Highway Safety, West Virginia Department of Transportation, Division of Motor Vehicles: No immediate action is planned. Currently, child care center regulations require drivers to be at least 21 years old, and have a valid driver's license authorizing the driver to operate the vehicle being driven. Prior to hiring, submittal of evidence of a safe driving record for the five year period is required with no record of DUI related convictions for a five year period. Rules also require the driver not be impaired at the time of transporting children, including impairment caused by prescription medication: additionally, the driver must submit to drug and alcohol testing if required by center policy and he/she will not be hired if he or she refuses a required drug and alcohol test or tests positive.
From: NTSB
To: State of West Virginia, Department of Health and Human Services
Date: 9/4/2014
Response: Has West Virginia taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed—Unacceptable Action."
From: NTSB
To: State of West Virginia, Department of Health and Human Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Fourteen states (AK, DE, FL, GA, KS, MD, MO, NH, NM, ND, OH, OK, SD and WV) do not require the recommended drug testing for all child care center drivers and have not taken action to implement the recommended action in recent years. Therefore, Safety Recommendation H 04 12 is classified OPEN--UNACCEPTABLE RESPONSE for these 14 states. Indiana requires “for cause” drug testing if an employee is suspected of using illegal drugs or alcohol. Therefore, Safety Recommendation H 04 12 is classified “Open?Acceptable Response,” for Indiana.
From: NTSB
To: State of West Virginia, Department of Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: West Virginia does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers. Its oversight agency may request the child care center to submit results of drug and alcohol tests if good cause is found during an inspection or investigation. Child care centers must also develop an administrative manual that includes policies regarding circumstances under which the center reserves the right to require drug and alcohol screening for drivers, other staff, and volunteers. Regulations specify that a driver shall not be used if the driver refuses a required drug and alcohol test or tests positive.
From: NTSB
To: State of West Virginia, Department of Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: West Virginia does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers. According to MC 2070314, West Virginia's oversight agency may request the child care center to submit results of drug and alcohol tests if good cause is found during an inspection or investigation. Child care centers must also develop an administrative manual that includes policies regarding circumstances under which the center reserves the right to require drug and alcohol screening for drivers, other staff, and volunteers. Regulations specify that a driver shall not be used if the driver refuses a required drug and alcohol test or tests positive.
From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 7/2/2007
Response: Letter Mail Controlled 7/3/2007 9:56:07 AM MC# 2070314: WV Dept Education - Ben Shew - No change in status as of 6/1/07 DHHR Response-The following child care center regulation has been added and applies: 5781.5. Inspection and Investigation...5.4. The Secretary may request the licensee to submit the results of a health examinatin. psychological examination drug and alcohol screening result on the licensee or any personnel of the center if good cause is found during an inspection or investigation. 6 3.a An applicant or llcensee shall ensure that each center has an administrative manual that includes the center's policies and procedures with the dates they were implemented or revised, regarding:..(Circumstances under which the center reserves the right to require drug and alcohol screening for drivers, other staff and volunteers. 9.5 Driver. A driver shall [message truncated]
From: NTSB
To: State of West Virginia, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060292) to our 6/2/2006 request for an update, which indicated that: As confirmed by MC 2060292, West Virginia does not require preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers or specifically prohibit anyone who tests positive for drugs from transporting children. West Virginia regulations specify that anyone under the influence of a controlled substance that impairs function is prohibited from having contact with children or from being on a child care center premises. Licensing staff may request the child care center to obtain drug tests for an employee for reasonable cause.
From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 6/20/2006
Response: Letter Mail Controlled 6/20/2006 10:47:40 AM MC# 2060292: West Virginia does not require preemployment, random, postaccident, and "for cause" drug testing for all child care transportation providers, and West Virginia does not specifically prohibit anyone who tests positive for drugs from transporting children. West Virginia regulations specify that anyone under the influence of a controlled substance that impairs function is prohibited from having contact with children or from being on a child care center premises. Licensing staff may request the child care center to obtain drug tests for an employee for reasonable cause. Unawre of any changes
From: NTSB
To: State of West Virginia, Department of Health and Human Services
Date: 4/1/2005
Response: The Safety Board notes that West Virginia's child care center licensing regulations do not require drug testing for the transportation provider and that the Department will review and revise its regulations in 2005. The Board further notes that §78-I-8.4.b. prohibits anyone from having contact with children or from being on child care center premises whose health or behavior would harm children. The law extends these prohibitions to anyone else who is under the influence of a controlled substance that impairs functioning; licensing staff may request the center to obtain drug testing of an employee for reasonable cause. Pending revisions to the child care center licensing regulations in 2005 to include the elements addressed in Safety Recommendation H-04-12, it is classified "Open--Acceptable Response."
From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 5/21/2004
Response: Letter Mail Controlled 6/1/2004 2:51:53 PM MC# 2040258 There is no child care center licensing regulation that requires drug testing for the transportation provider. §78-I-8.4.b. prohibits anyone from having contact or being on the premises whose health or behavior would harm children, or anyone else that is under the influence of a controlled substance that impairs functioning. The licensing staff may request the center to obtain drug testing of an employee for reasonable cause. The Department will review and revise the regulations as necessary in 2005. This recommendation will be addressed during that process.
From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 9/4/2014
Response: Has New Hampshire taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Fourteen states (AK, DE, FL, GA, KS, MD, MO, NH, NM, ND, OH, OK, SD and WV) do not require the recommended drug testing for all child care center drivers and have not taken action to implement the recommended action in recent years. Therefore, Safety Recommendation H 04 12 is classified OPEN--UNACCEPTABLE RESPONSE for these 14 states. Indiana requires “for cause” drug testing if an employee is suspected of using illegal drugs or alcohol. Therefore, Safety Recommendation H 04 12 is classified “Open?Acceptable Response,” for Indiana.
From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 7/6/2010
Response: Please advise what action New Hampshire has taken to implement this recommendation.
From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: New Hampshire does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers nor prohibit anyone who tests positive for drugs from transporting children. Its Department of Safety is considering sponsoring such legislation in the 2009 session.
From: State of New Hampshire, Department of Health and Human Services
To: NTSB
Date: 6/27/2008
Response: MC# 2080404: New Hampshire does not currently require pre-employment, random, post-collision, or for cause drug testing for all child care transportation providers and the prohibition of anyone who tests positive for drugs from transporting children and no such legislation was enacted in 2007 or 2008. The Department of Safety is considering sponsoring such legislation in the 2009 session.
From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: New Hampshire has not provided information on whether it requires preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers or prohibits anyone who tests positive for drugs from transporting children. New Hampshire has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.
From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether New Hampshire requires preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers or prohibits anyone who tests positive for drugs from transporting children. Staff has been unable to determine whether New Hampshire considered applicable legislation or regulations in 2005 or 2006.
From: NTSB
To: State of Delaware, Department of Services for Children, Youth and Families
Date: 9/4/2014
Response: Has Delaware taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of Delaware, Department of Services for Children, Youth and Families
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Fourteen states (AK, DE, FL, GA, KS, MD, MO, NH, NM, ND, OH, OK, SD and WV) do not require the recommended drug testing for all child care center drivers and have not taken action to implement the recommended action in recent years. Therefore, Safety Recommendation H 04 12 is classified OPEN--UNACCEPTABLE RESPONSE for these 14 states. Indiana requires “for cause” drug testing if an employee is suspected of using illegal drugs or alcohol. Therefore, Safety Recommendation H 04 12 is classified “Open?Acceptable Response,” for Indiana.
From: NTSB
To: State of Delaware, Department of Services for Children, Youth and Families
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Delaware does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit an individual who tests positive for drugs from transporting children. Its regulations prohibit a person from exhibiting signs of alcohol or drug use while at a child care center.
From: NTSB
To: State of Delaware, Department of Services for Children, Youth and Families
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Delaware does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit an individual who tests positive for drugs from transporting children. Delaware regulations prohibit a person from exhibiting signs of alcohol or drug use while at a child care center.
From: NTSB
To: State of Delaware, Department of Services for Children, Youth and Families
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060331) to our 6/2/2006 request for an update, which indicated that: According to MC 2060331, Delaware does not require preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers. Delaware does not prohibit an individual who tests positive for drugs from transporting children, although Delaware regulations prohibit a person from exhibiting signs of alcohol or drug use while at a child care center.
From: NTSB
To: State of California, Department of Social Services
Date: 9/4/2014
Response: Has California taken action to require drug testing as recommended? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of California, Department of Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: California requires random drug testing. Also, upon receipt of serious arrest information, the oversight agency conducts an investigation; if it is found that an individual, whether or not the individual transports children, was under the influence of drugs or alcohol, the oversight agency has the authority to exclude that individual from working in a center licensed by the agency.
From: State of California, Department of Social Services
To: NTSB
Date: 8/27/2008
Response: Letter Mail Controlled 8/28/2008 3:17:38 PM MC# 2080523: California requires a background check and medical evaluation for drivers of the following vehicles: school bus, school pupil activity bus, youth bus, and general public paratransit vehicle. California requires drug and alcohol testing compliance if the vehicle meets the federal definition of a bus. California ensures compliance with these requirements through unannounced facility inspections, complaint investigations, consultations, education and technical support, and by issuing deficiency notifications. However, drivers of child care center transportation vehicles (passenger vehicles) are not required to submit to a background check, medical evaluation, or drug testing. The California Highway Patrol (CHP) did not consider legislation or regulations in 2007 and 2008, since statutes and regulations addressing the recommended elements already exist for school bus, school pupil activity bus, youth bus, and general public paratransit vehicle.
From: NTSB
To: State of California, Department of Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: California requires child care center staff to report to the oversight agency any observations of staff being under the influence of alcohol or drugs. The oversight agency also receives arrest information, including serious moving violations, for all child care center staff. Upon receipt of serious arrest information, the oversight agency conducts an investigation; if it is found that an individual, whether or not the individual transports children, was under the influence of drugs or alcohol, the oversight agency has the authority to exclude that individual from working in a center licensed by the agency. According to MC 2070348, California's Public Utilities Commission requires all child care centers to obtain a permit to provide passenger transportation. As part of the permit process, these businesses are required to have a random drug and alcohol testing program in place for all drivers, similar to Federal requirements in 49 CFR Part 382.
From: State of California, Department of Social Services
To: NTSB
Date: 7/12/2007
Response: Letter Mail Controlled 7/13/2007 12:44:13 PM MC# 2070348: California requires child care center staff to report to the oversight agency any observations of staff being under the influence of alcohol or drugs. The oversight agency also receives arrest information, including serious moving violations, for all child care center staff. Upon receipt of serious arrest information, the oversight agency conducts an investigation; if it is found that an individual, whether or not the individual transports children, was under the influence of drugs or alcohol, the oversight agency has the authority to exclude that individual from working in a center licensed by the agency. The California Public Utilities Commission (PUC) requires all day care centers to obtain a permit to provide passenger transportation (ref. 5374 California Public Utilities Code). As part of the permit process, these businesses are required to have a random drug & alcohol testing program in place for all drivers, similar to federal requirements in 49 CFR Part 382 (ref. 1032.1 California Public Utilities Code).
From: NTSB
To: State of California, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060033, 2060379) to our 6/2/2006 request for an update, which indicated that: According to recent correspondence, California requires child care center staff to report to the oversight agency any observations of staff being under the influence of alcohol or drugs. The oversight agency also receives arrest information, including serious moving violations, for all child care center staff. Upon receipt of serious arrest information, the oversight agency conducts an investigation; if it is found that an individual, whether or not the individual transports children, was under the influence of drugs or alcohol, the oversight agency has the authority to exclude that individual from working in a center licensed by the agency. California does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers, nor does California prohibit anyone who tests positive for drugs from transporting children.
From: State of California, Department of Social Services
To: NTSB
Date: 12/22/2005
Response: Letter Mail Controlled 1/9/2006 2:46:41 PM MC# 2060033: As previously mentioned, all licensees, staff persons, and employees (including persons who transport children) must secure a criminal record clearance prior to being present in a licensed child care facility. The CDSS also receives subsequent arrest information for those individuals, including serious moving violations. Upon receipt of serious arrest information, an investigation is conducted. If it is found that the individual, whether or not he/she transports children, was under the influence of drugs or alcohol while caring for children, the CDSS has the authority to immediately exclude that individual from working in any facility licensed by the CDSS. The individual would be entitled to a hearing before an Administrative Law Judge. In addition, Title 22 section 101216 requires personnel to report observations of any violation of children's personal rights, such as unsafe accommodations and equipment. Therefore, if any licensee, staff or employee observes what they believe to be an employee that is under the influence of drugs or alcohol, they are required to report it to the licensing agency. The licensing agency would then investigate the report and take any necessary action. Therefore, while we do not require preemplyment, random, post accident, and "for cause" drug testing, we do have a system in place to safeguard the children in care. As an added note, the CDSS has received a legislative inquiry related to drug testing of child care providers. If there are any statutory changes related to this issue, we will provide that information to you. With regard to labeling the vehicles belonging to a child care facility, while there are no such requirements in California, many of the large corporate child care facilities do label their vehicles. However, facilities are required to post a "Parents' Rights" poster that indicates all of the parents' rights and includes the name, address, and phone number of the local licensing agency. Parents are also given a form that includes the same information. If parents see a problem with a vehicle or any other health and safety issues, they have the phone number of the local licensing agency on hand.
From: NTSB
To: State of California, Department of Social Services
Date: 11/23/2005
Response: The Safety Board notes that California does not require preemployment, random, post accident, and "for cause" drug testing for child care transportation providers. The Board also notes that California does not require child care vehicles to be labeled with the child care center and oversight agency's names and phone numbers. The Board would like to know what action California plans to take to require the drug testing and vehicle labeling recommended. Pending receipt of this information, Safety Recommendations H-04-12 and -14 are classified "Open-Unacceptable Response."
From: State of California, Department of Social Services
To: NTSB
Date: 7/20/2004
Response: Letter Mail Controlled 7/29/2004 2:52:40 PM MC# 2040466: The California Department of Social Services does not have a drug testing policy in place for any employees in Child Care settings.
From: State of Tennessee, Department of Human Services
To: NTSB
Date: 2/8/2005
Response: Letter Mail Controlled 2/17/2005 1:27:10 PM MC# 2050071
From: NTSB
To: State of Tennessee, Department of Human Services
Date: 2/7/2005
Response: The Safety Board notes that since August 1, 2003, Tennessee has required that drivers be tested for drugs within 10 days of assuming their driving duties. The Board also notes that effective January 1, 2005, Tennessee requires pre-employment drug testing for persons being employed by a child care agency, a contractor of a licensed child care agency, or an existing employee assuming duties requiring the use of a vehicle to transport children. The Board further notes that while post-accident drug testing is conducted by the law enforcement organization handling the accident investigation, the Department works with law enforcement organizations to determine the effect on child care licensing and that drivers involved in accidents are prohibited from resuming their duties until accident causes have been determined. Accordingly, Safety Recommendation H-04-12 is classified "Closed--Acceptable Action."
From: State of Tennessee, Department of Human Services
To: NTSB
Date: 6/7/2004
Response: Letter Mail Controlled 6/16/2004 11:47:09 AM MC# 2040310 Pre-employment: A requirement that drivers receive a drug test within 10 days of assuming their driving duties became effective August 1, 2003. A new rule changing this requirement from "within 10 days" to "pre-employment" is currently in the final phase of the state-mandated rulemaking process and will, therefore, become effective in 2004. Random: The Department is responsible for the licensure of a large variety of child care agencies, including single-provider homes, corporate chains with centralized transportation services, and community-supported nonprofit agencies. The Department, therefore, determined that random drug tests could not effectively be required unless the Department directly administered or contracted with an independent third party to administer randomized tests. The costs necessary to reasonably implement randomization are significant. Currently, Tennessee is facing a critical, ongoing budget crisis in which we are struggling to provide to our citizenry the basic needs of food, shelter and healthcare. We will continue to study this issue and will continue to seek methods for reducing the risk of exposure to drug-impaired drivers. Post-accident: Accident investigations are conducted by local, state and federal law enforcement organizations, and may include post-accident drug testing as deemed appropriate by law enforcement and as required by any applicable local, state or federal law. The Department works in partnership with these agencies to determine the effect, if any, on child care licensing regulations. During the investigation, the Department imposes a Safety Plan prohibiting the driver from resuming their duties until a determination has been made by law enforcement regarding the cause of the accident. Once law enforcement has made this determination, the results are shared with the Department to bring licensing enforcement or other action as the circumstances warrant "For cause": The Department has always had the authority to require drug tests, criminal background checks, and physical or mental health examinations as deemed necessary in response to credible evidence of an impairment. The Department routinely requires such information not only from drivers but also from any caregiving staff, which exhibit evidence of an impairment. Pending the outcome of the results, the Department places the agency under a Safety Plan If the agency refuses to cooperate or fails to comply with the terms of the Safety Plan, the Department pursues legal enforcement action against the agency's license.
From: State of Nevada, Department of Human Resources
To: NTSB
Date: 12/29/2014
Response: -From Traci Pearl, Highway Safety Coordinator, Nevada Department of Public Safety, Office of Traffic Safety: Bus drivers must have a commercial driver license (CDL) if they drive a vehicle designed to seat 16 or more passengers. Generally, all CDL drivers are subject to DOT drug and alcohol testing, however there are no requirements for other industries. Federal law does not prohibit drug testing in any industry but it is the private employer's decision on whether to require a drug test. Please reference Nevada Administrative Code 432A.200 SERVICES AND FACILITIES FOR CARE OF CHILDREN, as well as NRS (Nevada Revised Statutes) 432A.077, 432A.141, 432A.170, 432A.175. See: http://www.leg.state.nv.us/Division/Legal/LawLibrary/NAC/NAC-432A.html AND http://www.leg.state.nv.us/NRS/NRS-432A.html#NRS432ASec077
From: NTSB
To: State of Nevada, Department of Human Resources
Date: 9/4/2014
Response: Has Nevada taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of Nevada, Department of Human Resources
Date: 9/4/2014
Response: Has Nebraska taken action to fully implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of Nevada, Department of Human Resources
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Nevada has not provided information on whether it requires preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers or prohibits anyone who tests positive for drugs from transporting children. Nevada has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.
From: NTSB
To: State of Nevada, Department of Human Resources
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Nevada has not provided information on whether it requires preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers or prohibits anyone who tests positive for drugs from transporting children. Nevada has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.
From: NTSB
To: State of Nevada, Department of Human Resources
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060333) to our 6/2/2006 request for an update, which indicated that: Staff has been unable to determine whether Nevada requires preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers or prohibits anyone who tests positive for drugs from transporting children. Staff has been unable to determine whether Nevada considered applicable legislation or regulations in 2005 or 2006.
From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 9/4/2014
Response: Has Virginia taken action to implement this recommendation? If no immediate action is planned this recommendation's status will be changed to "Closed--Unacceptable Action."
From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Virginia does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. Virginia did not consider applicable legislation or regulations in 2007 or 2008.
From: Commonwealth of Virginia, Department of Social Services
To: NTSB
Date: 7/3/2008
Response: Letter Mail Controlled 7/3/2008 2:46:32 PM MC# 2080397: No legislation was introduced dealing specifically with drug testing for child care transportation providers in the 2007 or 2008 sessions of the General Assembly, and no regulations were proposed. HB 3, introduced in the 2008 session of the General Assembly, was signed into law. It creates a voluntary Child Care Provider Registry, which will provide checks to determine whether registrants were the subject of substantiated complaints of abuse or neglect; it will contain information from child abuse/neglect investigations, but does not require random drug testing. It also contains provisions for a national background check. Implementation was dependent on funding being provided by the General Assembly. No funding was allocated; a study was requested instead.
From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Virginia does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. If child care center staff have a physical or mental condition that may jeopardize children's safety, child care centers shall, at a minimum, prohibit staff from being in contact with children until a physician or clinical psychologist confirms that any risk has been eliminated or reduced to an acceptable level through reasonable accommodations. Virginia has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.
From: Commonwealth of Virginia, Department of Social Services
To: NTSB
Date: 7/13/2007
Response: Letter Mail Controlled 7/13/2007 12:22:52 PM MC# 2070347: House Bill 1839 was (introduced in the 2007 session of the General Assembly. It would have created a Child Care Provider Registry, which would provide checks to determine whether registrants were the subject of substantiated complaints of abuse or neglect; however, participation would be voluntary. It would contain information from child abuse/neglect investigations, but did not require random drug testing. The bill failed to pass.
From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060339) to our 6/2/2006 request for an update, which indicated that: Virginia does not require preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers or prohibit anyone who tests positive for drugs from transporting children. According to MC 2060339, if child care center staff have a physical or mental condition that may jeopardize children's safety, child care centers shall, at a minimum, prohibit staff from being in contact with children until a physician or clinical psychologist confirms that any risk has been eliminated or reduced to an acceptable level through reasonable accommodations. Staff has been unable to determine whether Virginia considered applicable legislation or regulations in 2005 or 2006.
From: Commonwealth of Virginia, Department of Social Services
To: NTSB
Date: 7/7/2006
Response: Letter Mail Controlled 7/17/2006 3:23:50 PM MC# 2060339: Virginia DMV sought assistance from the Virginia Department of Social Services (VDSS) in responding to this recommendation. VDSS stated that as outlined by the Standards for Child Day Programs: When there is evidence that the safety of children may be jeopardized bjj contact with a staff member or volunteer because of the physical health or mental health of such staff member or volunteer, the licensee shall, at a minimum, prohibit the employee or volunteer from engaging in contact with the children or participation in the food service program until a phjysician or a clinical psyclrologist skilled in the diagnosis and treatment of mental illness confirms that any risk has been eliminated or can be reduced to an acceptable Ievel by reasonable accommodations. The requirement of subsection A of this section should trot be construed as a mandatory preconditionto any other employment action that an employer may otherwise take.
From: NTSB
To: State of New York, Department of Family Assistance
Date: 6/12/2015
Response: Although we note your recent efforts to expand Article 19-A of the New York State Vehicle and Traffic Law to apply to all childcare center drivers so that they would be subject to commercial driver evaluation and testing requirements, we are disappointed that the bill did not pass the legislature. Because the recommended requirement and testing were not established in the 11 years since these recommendations were issued, Safety Recommendations H-04-11 and 12 are classified CLOSED—UNACCEPTABLE ACTION.
From: State of New York, Department of Family Assistance
To: NTSB
Date: 11/4/2014
Response: -From Chuck DeWeese, Assistant Commissioner, Governor’s Traffic Safety Committee: On behalf of New York State DMV Commissioner Barbara Fiala, I have attached the updates on Open NTSB Highway Safety Recommendations. New York continues to make progress on some of the outstanding issues but, as you are aware, many of the areas of concern require legislative action which often takes years to achieve passage. The New York State Department of Motor Vehicles remains committed to the safety of transportation on our highways and will continue to seek improvements, including those recommended by the NTSB. Please advise if you have any questions. The drug testing regulations for commercial motor vehicle operators are set by the USDOT Federal Motor Carrier Safety Regulations. It is our understanding that those regulations found in 49 CFR Part 382 only apply to school bus drivers who operate vehicles seating 16 or more adult passengers including the driver so drivers of smaller size vehicles that are defined as school buses in NYS are currently not subject to the testing. Legislation was introduced in 2013-14 (A.8052) that would provide for random drug and alcohol testing of bus drivers; further provides that no person shall consume a drug, controlled substance or an intoxicating liquor, regardless of its alcoholic content, or be under the influence of an intoxicating liquor or drug, within eight hours before going on duty or operating, or having physical control of a bus. This bill did not pass the legislature in 2013 or 2014.
From: NTSB
To: State of New York, Department of Family Assistance
Date: 9/4/2014
Response: Has New York taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of New York, Department of Family Assistance
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: New York does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. New York previously reported that if legislation passes to define child care center vehicles as school buses, child care center drivers would be subject to the drug and alcohol testing applied to school bus drivers. It has not provided information on whether New York considered applicable legislation or regulations in 2008.
From: NTSB
To: State of New York, Department of Family Assistance
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: New York does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. According to MC 2070376, if legislation passes to define child care center vehicles as school buses, child care center drivers would be subject to the drug and alcohol testing applied to school bus drivers.
From: State of New York, Department of Family Assistance
To: NTSB
Date: 7/19/2007
Response: Letter Mail Controlled 7/27/2007 9:44:08 AM MC# 2070376: New York has not taken any action that relates to child-care transportation. If legislation (See H-04-008 above) were to pass, child-care drivers would be subject to the drug and alcohol testing applied to school bus drivers.
From: NTSB
To: State of New York, Department of Family Assistance
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060348, 2060619) to our 6/2/2006 request for an update, which indicated that: According to MC 2060348, New York does not require preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers or prohibit anyone who tests positive for drugs from transporting children. If legislation passes to define child care center vehicles as school buses, child care center drivers would be subject to the drug and alcohol testing applied to school bus drivers. Staff has been unable to determine whether New York considered applicable legislation or regulations in 2005 or 2006.
From: State of New York, Department of Family Assistance
To: NTSB
Date: 7/11/2006
Response: Letter Mail Controlled 7/19/2006 11:17:40 AM MC# 2060348
From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 9/4/2014
Response: Has New Mexico taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Fourteen states (AK, DE, FL, GA, KS, MD, MO, NH, NM, ND, OH, OK, SD and WV) do not require the recommended drug testing for all child care center drivers and have not taken action to implement the recommended action in recent years. Therefore, Safety Recommendation H 04 12 is classified OPEN--UNACCEPTABLE RESPONSE for these 14 states. Indiana requires “for cause” drug testing if an employee is suspected of using illegal drugs or alcohol. Therefore, Safety Recommendation H 04 12 is classified “Open?Acceptable Response,” for Indiana.
From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: New Mexico does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. Depending on the size of the vehicle, number of passengers and usage, Federal regulations pertaining to post-accident requirements may apply. It did not consider applicable legislation or regulations in 2007 or 2008. Child care center regulations do prohibit drivers who have been convicted in the last 7 years of a misdemeanor or felony DWI/DUI from transporting children.
From: State of New Mexico, Department of Children, Youth, and Families
To: NTSB
Date: 9/5/2008
Response: Letter Mail Controlled 9/26/2008 1:48:42 PM MC# 2080593: CY FD: New Mexico does not require drug testing for child care center drivers New Mexico did not consider legislation or regulations in 2007 or 2008 to address specific drug-testing requirements There may be an effort to address this recommendation in the future. MTD: Depending on the size of the vehicle, number of passengers and usage, there are Federal Regulations pertaining to the post accident requirements under CFR 49 Part 391.
From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: New Mexico has not provided information on whether it requires preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers or prohibits anyone who tests positive for drugs from transporting children. New Mexico has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.
From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether New Mexico requires preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers or prohibits anyone who tests positive for drugs from transporting children. Staff has been unable to determine whether New Mexico considered applicable legislation or regulations in 2005 or 2006.
From: State of North Carolina, Department of Health and Human Services
To: NTSB
Date: 12/9/2014
Response: -From Don Nail, Director, GR, Governor’s Highway Safety Program, North Carolina Department of Transportation: NC Child Care Requirements do not require pre-employment, random, post accident, or "for cause" drug testing for child care center drivers. However, the rules do prohibit an individual from driving if they have had a conviction of Driving While Impaired (DWI) or any other impaired driving offense within the previous three years.
From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 9/4/2014
Response: Has North Carolina taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: North Carolina has not provided information on whether it requires preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers or prohibits anyone who tests positive for drugs from transporting children. It also has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.
From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: North Carolina has not provided information on whether it requires preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers or prohibits anyone who tests positive for drugs from transporting children. North Carolina also has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.
From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether North Carolina requires preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers or prohibits anyone who tests positive for drugs from transporting children. Staff has been unable to determine whether North Carolina considered applicable legislation or regulations in 2005 or 2006.
From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 9/4/2014
Response: Has Kansas taken action to fully implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Fourteen states (AK, DE, FL, GA, KS, MD, MO, NH, NM, ND, OH, OK, SD and WV) do not require the recommended drug testing for all child care center drivers and have not taken action to implement the recommended action in recent years. Therefore, Safety Recommendation H 04 12 is classified OPEN--UNACCEPTABLE RESPONSE for these 14 states. Indiana requires “for cause” drug testing if an employee is suspected of using illegal drugs or alcohol. Therefore, Safety Recommendation H 04 12 is classified “Open?Acceptable Response,” for Indiana.
From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Kansas does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers. Regulations prohibit staff from being impaired by alcohol or drugs, and some centers have instituted drug screening as center policy.
From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Kansas does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers. Regulations prohibit staff from being impaired by alcohol or drugs, and some centers have instituted drug screening as center policy.
From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060343) to our 6/2/2006 request for an update, which indicated that: According to MC 2060343, Kansas does not require preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers. Regulations prohibit staff from being impaired by alcohol or drugs, and some centers have instituted drug screening as center policy.
From: State of Kansas, Department of Health and Environment
To: NTSB
Date: 7/10/2006
Response: Letter Mail Controlled 7/19/2006 9:21:00 AM MC# 2060343: Child care center regulations do not require drug testing but regulations do require that staff not be "impaired due to the use of alcohol or drugs.'' Some centers have instituted drug screens as center policy.
From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 9/4/2014
Response: Has Indiana taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Fourteen states (AK, DE, FL, GA, KS, MD, MO, NH, NM, ND, OH, OK, SD and WV) do not require the recommended drug testing for all child care center drivers and have not taken action to implement the recommended action in recent years. Therefore, Safety Recommendation H 04 12 is classified “Open?Unacceptable Response” for these 14 states. Indiana requires “for cause” drug testing if an employee is suspected of using illegal drugs or alcohol. Therefore, Safety Recommendation H 04 12 is classified “Open?Acceptable Response,” for Indiana.
From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Indiana has not provided information on whether it requires preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers or prohibits anyone who tests positive for drugs from transporting children or whether it considered applicable legislation or regulations in 2007 or 2008.
From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Indiana has not provided information on whether it requires preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers or prohibits anyone who tests positive for drugs from transporting children or whether it considered applicable legislation or regulations in 2006 or 2007.
From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether Indiana requires preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers or prohibits anyone who tests positive for drugs from transporting children or whether Indiana considered applicable legislation or regulations in 2005 or 2006.
From: NTSB
To: State of Georgia, Department of Human Resources
Date: 9/4/2014
Response: Has Georgia taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of Georgia, Department of Human Resources
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Fourteen states (AK, DE, FL, GA, KS, MD, MO, NH, NM, ND, OH, OK, SD and WV) do not require the recommended drug testing for all child care center drivers and have not taken action to implement the recommended action in recent years. Therefore, Safety Recommendation H 04 12 is classified OPEN--UNACCEPTABLE RESPONSE for these 14 states. Indiana requires “for cause” drug testing if an employee is suspected of using illegal drugs or alcohol. Therefore, Safety Recommendation H 04 12 is classified “Open?Acceptable Response,” for Indiana.
From: NTSB
To: State of Georgia, Department of Human Resources
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Georgia does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers; child care centers have the responsibility of requiring drug testing. If substance abuse leads to criminal charges, the Department of Human Resources would review this for continued employment. In addition, Georgia's child care center rules prohibit staff from being under the influence of alcohol or drugs on the center premises during hours of operation or at any other time or place where children are present for whom staff is responsible.
From: State of Georgia, Department of Human Resources
To: NTSB
Date: 9/23/2008
Response: Letter Mail Controlled 9/24/2008 1:08:58 PM MC# 2080586: There is no legislation that allows the Georgia Department of Human Resources to perform pre-employment, random, post-accident and "for cause" drug testing for child care transportation providers. Child care centers are responsible for hiring staff and drivers and would have the responsibility of requiring drug testing. However, if substance abuse led to criminal charges, the Department would review this for continued employment. In Addition, the Rules for Child Care Learning Centers 591-1-1-.28 (1) state "Staff, chaperons and students in training shall not be under the influence of or consume alcohol, marijuana or other controlled substances on the center premises during the hours of operation or at any other time or place where there are children present for whom the center staff is responsible." Violation of the rule can subject the center to various civil penalties and/or license revocation.
From: NTSB
To: State of Georgia, Department of Human Resources
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: According to MC 2070308, Georgia requires child care center staff not to be under the influence of alcohol or drugs on the center premises during hours of operation or at any other time or place where children are present for whom staff is responsible. Georgia does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers. Georgia has not provided information on whether it prohibits anyone who tests positive for drugs from transporting children or whether it considered applicable legislation or regulations in 2006 or 2007.
From: State of Georgia, Department of Human Resources
To: NTSB
Date: 6/29/2007
Response: Letter Mail Controlled 7/3/2007 8:39:12 AM MC# 2070308: The Georgia child care licensing rules address this through rule for all staff that they "shall not be under the influence of or consume alcohol, marijuana or other controlled substances on the center premises during the hours of operation or at any other time or place where there are children present for whom the center staff is responsible.'' Rules for Child Care Learning Centers 591-1-1-.28 (1) The licensing rules don't require any type of drug testing.
From: NTSB
To: State of Georgia, Department of Human Resources
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060422) to our 6/2/2006 request for an update, which indicated that: According to MC 2060422, Georgia does not require preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers. Staff has been unable to determine whether Georgia prohibits anyone who tests positive for drugs from transporting children or whether Georgia considered applicable legislation or regulations in 2005 or 2006.
From: State of Georgia, Department of Human Resources
To: NTSB
Date: 8/22/2006
Response: Letter Mail Controlled 8/24/2006 8:36:35 AM MC# 2060422: For random testing requirements, see response to H-04-13. Under 20-2-1122, a school bus driver found to have used an illegal drug, or who refuses testing, shall be terminated from his or her employment. For child care centers, there is not a drug testing requirement by state law or by state regulation.
From: State of Utah, Department of Health
To: NTSB
Date: 12/16/2014
Response: -From Kristy K. Rigby, Director, Highway Safety Office: No change.
From: NTSB
To: State of Utah, Department of Health
Date: 9/4/2014
Response: Has Utah taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of Utah, Department of Health
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Utah does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. Utah has not considered applicable legislation or regulations.
From: State of Utah, Department of Health
To: NTSB
Date: 6/16/2008
Response: Letter Mail Controlled 6/24/2008 12:28:05 PM MC# 2080368: No change to the current status has occurred. No additional legislation has been proposed to change the employment requirements to meet this recommendation.
From: NTSB
To: State of Utah, Department of Health
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: According to MC 2070310, Utah does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. Utah has not considered applicable legislation or regulations.
From: State of Utah, Department of Health
To: NTSB
Date: 6/21/2007
Response: Letter Mail Controlled 7/3/2007 9:06:26 AM MC# 2070310: No change to the current status has occurred. No additional legislation has been proposed to change the vehicle requirements to meet this recommendation.
From: NTSB
To: State of Utah, Department of Health
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060367) to our 6/2/2006 request for an update, which indicated that: Staff has been unable to determine whether Utah requires preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers or prohibits anyone who tests positive for drugs from transporting children. Staff has been unable to determine whether Utah considered applicable legislation or regulations in 2005 or 2006.
From: State of Utah, Department of Health
To: NTSB
Date: 7/14/2006
Response: Letter Mail Controlled 7/27/2006 3:02:07 PM MC# 2060367: The UHSO suggests the most accurate information may be obtained by contacting: Teresa Whiting, Bureau Director Utah Department of Health Bureau of Child Care Licensing 288 North 1460 West Salt Lake City, Utah 84114-2003 (801) 538-6320
From: State of Wisconsin, Department of Health and Family Services
To: NTSB
Date: 12/3/2014
Response: -From Mark Gottlieb, P.E., Secretary, Department of Transportation: Currently, Wisconsin does not require drug testing for child care transportation providers. To date, there has not been any legislative activity on this issue.
From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 9/4/2014
Response: Has Wisconsin taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Wisconsin does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. Wisconsin did not consider applicable legislation. Its Department of Children and Families recommends that child care centers establish drug testing standards, and many insurance carriers require drug testing as a condition of employment before the carriers will insure child care centers.
From: State of Wisconsin, Department of Health and Family Services
To: NTSB
Date: 9/4/2008
Response: Letter Mail Controlled 9/18/2008 10:13:03 AM MC# 2080570: There was no legislation introduced in the 2007-08 session that would have required drug testing of drivers at child care centers. The Wisconsin Department of Children and Families does recommend child care centers establish drug testing standards, and many insurance carriers require drug testing as a condition of employment before they will insure child care centers.
From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Wisconsin does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. Wisconsin's Department of Health & Family Services recommends child care centers make drug testing standard, and many insurance carriers require drug testing as a condition for child care centers. Wisconsin has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.
From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060344) to our 6/2/2006 request for an update, which indicated that: According to MC 2060344, Wisconsin does not require preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers or prohibit anyone who tests positive for drugs from transporting children. Wisconsin's Department of Health & Family Services recommends child care centers make drug testing standard, and many insurance carriers require drug testing as a condition for child care centers. Staff has been unable to determine whether Wisconsin considered applicable legislation or regulations in 2005 or 2006.
From: State of Wisconsin, Department of Health and Family Services
To: NTSB
Date: 7/7/2006
Response: Letter Mail Controlled 7/19/2006 9:44:12 AM MC# 2060344: No State law/administrative rule exists requiring drug testing of childcare transportation service providers. Nor does State law/ administrative rule prohibit the employment of drivers who have tested positive for drugs. However, the Department of Health & Family Services recommends childcare providers make drivers subject to drug testing, and many insurance carriers make drug testing a condition of coverage for childcare providers.
From: State of Rhode Island, Department of Children, Youth and Families
To: NTSB
Date: 11/6/2014
Response: -From Michael P. Lewis, Director, Rhode Island Department of Transportation: The DCYF program administrator is responsible for ensuring that a criminal record background check and a clearance of agency activity is conducted on all new staff prior to the assignment of child care duties, including consultants, whether full or part-time requires personnel transporting children to be immunized and subject to a background check.
From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 9/4/2014
Response: Has Rhode Island taken action to require drug testing as recommended? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Child care center drivers of commercial motor vehicles designed to transport 16 or more passengers including the driver are required to participate in a controlled substance and alcohol testing program per 49 CFR Parts 382 and 40. Rhode Island does not require preemployment, random, postaccident, or "for cause" drug testing for child care center drivers of smaller vehicles. Rhode Island did not consider applicable legislation or regulations in 2007; it has not provided information on whether it considered applicable legislation or regulations in 2008.
From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: According to MC 2070365, child care center drivers of commercial motor vehicles designed to transport 16 or more passengers including the driver are required to participate in a controlled substance and alcohol testing program per 49 CFR Parts 382 and 40. Rhode Island does not require preemployment, random, postaccident, or "for cause" drug testing for child care center drivers of smaller vehicles. Rhode Island did not consider applicable legislation or regulations in 2006 or 2007.
From: State of Rhode Island, Department of Children, Youth and Families
To: NTSB
Date: 6/27/2007
Response: Letter Mail Controlled 7/24/2007 2:00:18 PM MC# 2070365: Child Care Center drivers of commercial motor vehicles designed to transport 16 or more passengers including the driver are required to participate in a controlled substance and alcohol testing program per 49 CFR Parts 382 and 40. I am not aware of any additional state reauirements in this area for smaller vehicles.
From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060380) to our 6/2/2006 request for an update, which indicated that: According to information received subsequent to Rhode Island's annual letter, child care center regulations do not require preemployment, random, postaccident, and "for cause" drug testing for child care center drivers. Staff has been unable to determine whether Rhode Island prohibits anyone who tests positive for drugs from transporting children or whether Rhode Island considered applicable legislation or regulations in 2005 or 2006.
From: NTSB
To: State of Oregon, Employment Department
Date: 9/4/2014
Response: Has Oregon taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of Oregon, Employment Department
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Oregon does not require preemployment, random, postaccident, or "for cause" drug testing for child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. It has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.
From: NTSB
To: State of Oregon, Employment Department
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Oregon does not require preemployment, random, postaccident, or "for cause" drug testing for child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. Oregon advised that it will consider this recommendation during the cycle of rule revisions for the Rules for the Certification of Child Care Centers.
From: NTSB
To: State of Oregon, Employment Department
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: Oregon does not require preemployment, random, postaccident, and "for cause" drug testing for child care center drivers or prohibit anyone who tests positive for drugs from transporting children. Oregon advised that it will consider this recommendation during the cycle of rule revisions for the Rules for the Certification of Child Care Centers.
From: NTSB
To: State of Oregon, Employment Department
Date: 5/17/2005
Response: The Safety Board notes that Oregon does not currently have in place any of the recommended requirements. The Board also notes that these recommendations will be considered during the cycle of rule revisions for the Rules for the Certification of Child Care Centers, although there is no indication when the revisions can be expected. We would appreciate your providing us a copy of the revised regulations for child care centers once this action has been completed. Given Oregon's indication that it will consider these recommendations when revising regulations, and pending receipt of the revised regulations, Safety Recommendations H-04-8, -12 and -14 to the Oregon Employment Department are classified "Open--Acceptable Response." If the Board can provide assistance in these efforts, please contact Mr. Kevin Quinlan, Chief, Safety Advocacy Division, at (202) 314-6175.
From: State of Oregon, Employment Department
To: NTSB
Date: 5/17/2004
Response: Letter Mail Controlled 5/17/2004 1:49:26 PM MC# 2040211 The Child Care Division of the Oregon Employment Department is responsible for licensing child care businesses and promulgating administrative rules to ensure the health and safety of children in child care. The transportation of children in child care centers is addressed in Oregon Administrative Rule 414-300-0350. Four of the NTSB's seven recommendations (H-04-9, - 10, - 11, - 13) are currently included in the division's rules for certification of child care centers. The full text of the rule may be found at http://findit.emp.state.or.us/childcare/CCDl320701.pdf. The three recommendations that are not included, H-04-8, - 12, and - 14, will be taken under consideration in the next cycle of rule revisions.
From: State of Washington, Department of Social and Health Services
To: NTSB
Date: 12/4/2014
Response: -From Director Darrin T. Grondel, Washington Traffic Safety Commission: Washington has no plans to take action on this recommendation.
From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 9/4/2014
Response: The National Transportation Safety Board has issued a number of safety recommendations to Washington related to highway safety improvements. This letter addresses 16 highway safety recommendations currently in an open status to Washington. We are interested in knowing whether and how our safety recommendations are implemented, both to ensure that the traveling public is provided the highest level of safety and to identify creative solutions that might be shared with others. Normally, we expect actions to address our safety recommendations to be completed within 5 years. To monitor implementation of our highway safety recommendations, we are sending you this letter to (1) detail what our records show of actions taken by Washington to implement our recommendations, and (2) request from you verification and/or updates of our information. Although some of the information we are seeking will require you to contact other agencies or departments, we would appreciate receiving a response from you within 90 days from the date of this letter, informing us of actions that have been taken or that are planned to be taken to implement all of the recommendations listed in the enclosed table. Pending our timely receipt of your reply, the recommendations will retain their current classification, as indicated in the table. Please inform us about the progress of Washington’s actions to implement the indicated safety recommendations, preferably electronically at correspondence@ntsb.gov. The response does not need to come from the Governor but can come from you or the Governor’s Highway Safety Coordinator. Please include in your response any additional relevant information to assist us in evaluating actions taken to meet the intent of the recommendations and correct any erroneous information. If a response, including attachments, exceeds 10 megabytes, please e mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response. The full recommendation letter for each safety recommendation is available at www.ntsb.gov.
From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Washington does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. It has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.
From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Washington does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. Child care centers may mandate substance abuse evaluations if drug use is suspected. Washington has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.
From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060332, 2060291) to our 6/2/2006 request for an update, which indicated that: Washington does not require preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers, and Washington does not prohibit anyone who tests positive for drugs from transporting children. Child care centers may mandate substance abuse evaluations if drug use is suspected. Staff has been unable to determine whether Washington considered applicable legislation or regulations in 2005 or 2006.
From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 2/24/2006
Response: In its January 31, 2005, letter, the Safety Board classified Safety Recommendations H-04-8, -9, and -14 "Open-Unacceptable Response," and Safety Recommendations H-04-11 through -13 "Open-Acceptable Response." Your March 2005 response does not indicate any new actions to implement Safety Recommendations H-04-8, -9, or -11 through -14. Therefore, the classifications of these recommendations will remain the same. The Safety Board encourages the State to revise its child care licensing requirements to include the Board's recommendations for improving transportation safety for children transported to and from school and school-related activities by child care providers. Please notify the Board when any future action has been taken to address these recommendations. If the Safety Board can be of assistance to the State of Washington in this effort, please contact Mr. Kevin Quinlan, Chief, Safety Advocacy Division, at (202) 314-6170.
From: State of Washington, Department of Social and Health Services
To: NTSB
Date: 3/9/2005
Response: Letter Mail Controlled 3/17/2005 12:33:35 PM MC# 2050113: Drug testing is not a condition for employment for transporting children in Washington State. Substance abuse evaluations may be imposed by child care licensing staff if drug abuse is suspected.
From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 1/31/2005
Response: The Safety Board notes that Washington does not require drug testing for child care providers transporting children, but that if child care staff is suspected of abusing drugs, child care licensing staff can impose a substance abuse evaluation. This would meet only the "for cause" portion of the recommendation. The Board believes that to ensure children's safety, it is important to also require preemployment, random, and post accident drug testing for drivers. In the case of the Tennessee accident, the accident driver was a known frequent marijuana user and sometimes smoked while driving the child care van. Had pre-employment testing been conducted, the accident driver's drug use quite likely would have been detected and he may have been prohibited from transporting children. Pending an update on action taken to implement all elements of this recommendation, Safety Recommendation H-04-12 is classified "Open--Acceptable Response."
From: State of Washington, Department of Social and Health Services
To: NTSB
Date: 7/2/2004
Response: Letter Mail Controlled 7/13/2004 8:35:15 AM MC# 2040398: Drug testing is not a condition for employment for transporting children in Wahington State. Substance abuse evaluations may be imposed by child care licensing staff ifdrug abuse is suspected.
From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 9/4/2014
Response: Has Ohio taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Fourteen states (AK, DE, FL, GA, KS, MD, MO, NH, NM, ND, OH, OK, SD and WV) do not require the recommended drug testing for all child care center drivers and have not taken action to implement the recommended action in recent years. Therefore, Safety Recommendation H 04 12 is classified OPEN--UNACCEPTABLE RESPONSE for these 14 states. Indiana requires “for cause” drug testing if an employee is suspected of using illegal drugs or alcohol. Therefore, Safety Recommendation H 04 12 is classified “Open?Acceptable Response,” for Indiana.
From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Ohio does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. Ohio prohibits child care center employees from being under the influence of drugs while responsible for children. It does not require drug testing and does not anticipate establishing this requirement.
From: State of Ohio, Department of Job and Family Services
To: NTSB
Date: 9/22/2008
Response: Letter Mail Controlled 9/22/2008 2:42:03 PM MC# 2080582: Ohio rules require that drivers be free from the influence of any substance which could impair driving abilities. Currently, Ohio does not require any drug testing for child care center employees and does not anticipate enacting this requirement. Should the Ohio Legislature enact legislation requiring drug testing for child care center employees, Ohio will implement this recommendation following all guidelines set forth by the Ohio Legislature.
From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Ohio does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. The original draft of the recently revised regulations included a drug testing requirement, but it was removed before final enactment. Effective January 1, 2007, Ohio requires child care center employees not to be under the influence of drugs while responsible for children. According to MC 2070311, Ohio does not anticipate inclusion of this recommendation into any new legislation at this time.
From: State of Ohio, Department of Job and Family Services
To: NTSB
Date: 6/29/2007
Response: Letter Mail Controlled 7/3/2007 9:24:01 AM MC# 2070311: The Ohio Department of Jobs and Family Sewices does not anticipate inclusion of these lelements into any new legislation at this time.
From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060327) to our 6/2/2006 request for an update, which indicated that: Ohio does not require preemployment, random, postaccident, and "for cause" drug testing for all child care center drivers or prohibit anyone who tests positive for drugs from transporting children. Ohio advised that it will consider this recommendation for revisions to the Child Care Licensing Rules. According to information received subsequent to Ohio's annual letter, the original draft of the revised regulations included a drug testing requirement, but it was removed before final enactment. Effective January 1, 2007, Ohio requires child care center employees not to be under the influence of drugs while responsible for children.
From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 7/6/2005
Response: The Safety Board notes that Ohio does not currently have in place any of the recommended requirements listed above, but that Ohio will consider them for revisions to their Child Care Licensing Rules. The Board would like to know what action Ohio has taken to incorporate Safety Recommendations H-04-8, -12 and -14, into the Child Care Licensing Rules. Given Ohio's positive indication that it will consider these recommendations for rule revision, Safety Recommendations H-04-8, -12 and -14, are classified "Open--Acceptable Response." If the Board can provide assistance in your efforts, please contact Mr. Kevin Quinlan, Chief, Safety Advocacy Division, at (202) 314-6175.
From: State of Ohio, Department of Job and Family Services
To: NTSB
Date: 5/17/2004
Response: Letter Mail Controlled 5/17/2004 2:26:08 PM MC# 2040215 Ohio's Child Care Licensing Rules currently provides for compliance with four of the seven recommendations made by NSTB, namely requirements for vehicle standards and maintenance, restraint usage, and driver fitness. The three other recommendations regarding use of vehicles meeting school bus standards, driver drug testing, and the requirement that child care vehicle be labeled with both the center and the oversight agency's names and phone numbers will be further explored for rule revision consideration.
From: NTSB
To: State of Texas, Department of Human Services
Date: 9/4/2014
Response: Has Texas taken action to require drug testing as recommended? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of Texas, Department of Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Texas requires preemployment, random, and "for cause" testing of all 24-hour residential child care center providers.
From: NTSB
To: State of Texas, Department of Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Texas requires preemployment, random, and "for cause" testing of all 24-hour residential child care center providers. Texas has not provided information on whether it requires postaccident drug testing for all child care center drivers and the above-listed testing for child care center providers that do not provide 24-hour service. Its legislature did not meet in 2006. According to MC 2070433, Texas did not pass applicable legislation in 2007.
From: State of Texas, Department of Human Services
To: NTSB
Date: 8/23/2007
Response: Letter Mail Controlled 8/24/2007 2:47:42 PM MC# 2070433: No legislation passed during the 2007 Legislative sesston addressing this recommendation.
From: NTSB
To: State of Texas, Department of Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060328, 2060227) to our 6/2/2006 request for an update, which indicated that: Texas requires preemployment, random, and "for cause" testing of all 24-hour residential child care center providers. Staff has been unable to determine whether Texas requires postaccident drug testing for all child care center drivers and the above-listed testing for child care center providers that do not provide 24-hour service. Staff has also been unable to determine whether Texas prohibits anyone who tests positive for drugs from transporting children and whether Texas considered applicable legislation or regulations in 2005 or 2006.
From: State of Texas, Department of Human Services
To: NTSB
Date: 7/10/2006
Response: Letter Mail Controlled 7/11/2006 1:33:30 PM MC# 2060328 According to recent correspondence (04/25/2006), Texas requires preemployment, random, and "for cause" testing of all 24-hour residential child care center providers. It is unclear whether Texas requires postaccident drug testing for all child care transportation providers and the above-listed testing for child care center providers that do not provide 24-hour service. It is also unclear whether Texas prohibits anyone who tests positive for drugs from transporting children.
From: State of Texas, Department of Human Services
To: NTSB
Date: 4/25/2006
Response: Letter Mail Controlled 5/8/2006 11:19:31 AM MC# 2060227 In response to your request, I would like to update you on actions DFPS has taken related to your transportation safety recommendations. Minimum standard rules, regarding the use of child safety seats and booster seats, are currently pending the rule approval process; Rules regarding drug testing have recently been implemented for 24-hour residential child-care employees, and include pre-employment and random unannounced testing, as well as testing for good cause; Licensed child-care centers have been required to have the center name, director or permit holder's name, and center's telephone number in the glove compartment or clearly visible inside the passenger compartment or on the outside of the vehicle, since 2003; and We have conducted background and criminal history checks on all persons who are regularly and frequently present at a child-care operation since 1997. In addition, our agency is currently conducting a public information campaign entitled "Look Before You Leave-Cars are not babysitters". This campaign, launched in the summer of 2004, incorporates multi-media exposure across the state and features a set of printed promotional materials. These promotional materials are available on our agency website at: http://www.dfps.state.tx.usllookbeforeyouIeave/main.aspor www.lookbeforeyou1eave.org. Our campaign has helped to raise public awareness regarding the risks of leaving children in unattended vehicles and has helped reduce the total number of heat-related child deaths in Texas. As you can see, we appreciate and share your concerns for the safe transportation of children. If you have additional questions, please feel free to contact Michele Adams, Licensing Policy Specialist, via email at Michele.Adarns@dfps.state.txxus or by telephone
From: NTSB
To: State of Texas, Department of Human Services
Date: 3/30/2006
Response: The Safety Board notes that you did not address Safety Recommendations H-04-11 through -14 in your letter. A review of Texas's licensing regulations for child care centers found that Texas Administrative Code, Title 40, Chapter 745, Subchapter F §745.615 requires criminal background checks for each person older than 14 years who will regularly or frequently be present at a child care center while children are in care. Safety Board staff was not able to verify whether State of Texas child care regulations require medical examinations for transportation providers, drug testing, or vehicle labeling as recommended. The Board would like to know whether the State has in place the requirements recommended in Safety Recommendations H-04-11 through -14. The Board would also like to know whether the State plans to revise child care licensing regulations to address these recommendations. Pending receipt of information regarding medical examinations, drug testing and vehicle labeling as recommended, Safety Recommendations H-04-11 through -14 are classified "Open-Unacceptable Response."
From: State of Texas, Department of Human Services
To: NTSB
Date: 6/7/2004
Response: Letter Mail Controlled 6/16/2004 11:50:34 AM MC# 2040310 Pre-employment random, post-accident. and "for cause" drug testing (H-04-12) Preemployment A requirement that drivers receive a drug test within 10 days of assuming their driving duties became effective August 1. 2003. A new rule changing this requirement from "within 10 days" to "pre-employment" is currently in the final phase of the state-mandated rulemaking process and will therefore become effective in 2004 Random: The Department is responsible for the licensure of a large variety of child care agencies, including single-provider homes, corporate chains with centralized transportation services, and community-supported nonprofit agencies. The Department. therefore, determined that random drug tests could not effectively be required unless the Department directly administered or contracted with an independent third party to administer randomized tests. The costs necessary to reasonably implement randomization are significant. Currently. Tennessee is facing a critical. ongoing budget crisis in which we are struggling to provide to our citizenry the basic needs of food, shelter and healthcare. We will continue to study this issue. and vdiI1 continue to seek methods for reducing the risk of exposure to drug-impaired drivers Post-accident: Accident investigations are conducted by local. state and federal law enforcement organizations, and may include post-accident drug testing as deemed appropriate by law enforcement and as required by any applicable local, state or federal law. The Department works in partnership with these agencies to determine the effect. if any, on child care licensing regulations. During the investigation. the Department imposes a Safety Plan prohibiting the driver from resuming their duties until a determination has been made by law enforcement regarding the cause of the accident Once law enforcement has made this determination, the results are shared with the Department to bring licensing enforcement or other action as the circumstances warrant For cause: The Department has always had the authority to require drug tests. criminal background checks, and physical or mental health examinations as deemed necessary in response to credible evidence of an impairment. The Department routinely requires such information not only from drivers but also from any caregiving staff which exhibit evidence of an impairment. Pending the outcome of the results. the Department places the agency under a Safety Plan If the agency refuses to cooperate or fails to comply with the terms of the Safety Plan. the Department pursues legal enforcement action against the agency's license.
From: State of Texas, Department of Human Services
To: NTSB
Date: 5/27/2004
Response: Letter Mail Controlled 6/10/2004 2:00:03 PM MC# 2040302 Thomas Chapmond asked that I respond to your letter dated April 21, 2004 regarding the Safety Board's recommendations for child-care transportation. Your letter was very informative and we too are concerned about the safe transportation of children. The child-care licensing division is charged with protecting approximately 800,000 children in out-of-home care in Texas by establishing minimum standards for their safety and protection. Minimum standards for child day care were revised in 2002 and became effective September 1, 2003. During the revision process, we updated and strengthened regulations regarding transportation and captured many of your suggestions at that time. I have enclosed a copy of these regulations for your review. Although these regulations prescribe the minimum safety expectations for child-care centers that transport children, at this time, they are in line with other Texas laws regarding transportation and they reflect public opinion. We also utilize technical assistance provided by our licensing staff, media campaigns, provider training, and best practices included in our publication as opportunities to educate permit holders and parents on issues that impact children's health and safety. We agree that safe transportation is an important issue and we will continue to look at ways to incorporate your safety recommendations.
From: NTSB
To: State of Arizona, Department of Health Services
Date: 9/4/2014
Response: Has Arizona taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."
From: NTSB
To: State of Arizona, Department of Health Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Arizona does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. It has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.
From: NTSB
To: State of Arizona, Department of Health Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Arizona does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers and does not prohibit anyone who tests positive for drugs from transporting children. Arizona has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.
From: NTSB
To: State of Arizona, Department of Health Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: Arizona does not require preemployment, random, postaccident, or "for cause" drug testing for all child care center drivers or prohibit anyone who tests positive for drugs from transporting children. Staff has been unable to determine whether Arizona considered applicable legislation or regulations in 2005 or 2006.
From: NTSB
To: State of Arizona, Department of Health Services
Date: 7/6/2005
Response: The Safety Board notes that Arizona does not require (1) the use of vehicles built to school bus standards by child care centers when transporting children, (2) drug testing for child care transportation providers, or (3) medical examinations for child care drivers. The Board further notes that implementing the above listed recommendations would require legislative action. Ms. Wiley indicated that the Department of Health Services (the department) had planned to include the Board's recommendations in its review of legislative priorities for the session that began in January. However, the Board notes that during Arizona's legislative session, which ended April 23rd, no legislation was introduced that would require the use of vehicles built to school bus standards, or drug and medical testing for all child care transportation providers and drivers. The Board would like to know what legislative action Arizona has planned to address these recommendations. Pending receipt of information regarding legislative action for Arizona's next session, Safety Recommendations H-04-8, -11 and