[Pupiltransportation] Driver Training Records

[pupiltransportation at listsmart.osl.state.or.us]

TO:         Transportation Entity and Contract Supervisors

The message below is being sent to you on behalf of:

Sarah Drinkwater, PhD
Assistant Superintendent
Office of Learning / Student Services

September 4, 2015

Recently the Oregon Department of Education (ODE) has received several inquiries about training records as drivers move from one employer to another.  The purpose of this email is to review the legal requirements for an employee's training record.

As an additional resource, you or your drivers can contact the Oregon Bureau of Labor and Industry (BOLI).  Their Technical Assistance for Employers Division can be reached at (971) 673-0824 or bolita at boli.state.or.us.

Records Covered:  Oregon Revised Statute (ORS) 652.750 (2) refers to "personnel records of the employee that are used or have been used to determine the employee's qualification for employment, promotion, additional compensation or employment termination or other disciplinary action."

It would be difficult to argue in front of an impartial adjudicator that training records, including the performance checklist, skills test and previous ODE school bus driver application form, are not used to determine the employee's qualification for employment.

Further, Oregon Administrative Rule (OAR) 581-053-0004 (9) requires that Transportation entities and contractors provide required training, examination and testing of their school bus drivers to comply with the OARs and that records to document training and testing shall be maintained by transportation entities and that such records shall be made part of each driver's training file.

The records referred to in the OAR would be specific to what ODE requires for minimum beginner and ongoing driver training.  The statute would extend to records that have been created that are above and beyond what ODE requires.

Providing Record to Current Employees:  ORS 652.750 (2) states that employers are to provide a reasonable opportunity for an employee to inspect personnel records within 45 days after the receipt of a request.  Further, it states that certified copies of the record shall be furnished within 45 days of an employee's request.

The OARs do not specify a time limit in which records need to be provided to the driver.  Standard interpretation for this is within a "reasonable time".  Clearly, this could not exceed 45 days.

Record Retention After Separation From Employment:  ORS 652.750 (3) requires employers to keep the employees personnel records for at least 60 days after separation of employment.  OAR 581-053-0021 (9) & (13) state that performance checklists and skills tests are required to be maintained for one year after the date that ODE is notified the driver is no longer employed by a transportation entity or contractor.  Classroom training records are required to be kept for four years from the date of the class (OAR 581-053-0021 (12)).

Providing Records to Separated Employees:  ORS 652.750 (3) states that if a request is made within the first 60 days after separation, the employer must provide the personnel file to the employee within 45 days.  After the 60 day window has elapsed, the employer must provide the records if they still have them.  Since OAR 581-053-0021 requires districts to maintain the training documents for one year, this means in practical terms that the employee may ask for the records up to one year after separation.

Providing Records to the Next Employer:  Neither ORS 652.750 or OAR 581-053-0004 has any requirement to provide records to anyone other than the employee, the transportation entity or ODE.  This is true even with a release by the driver authorizing a previous employer to provide records to the next employer.

Costs for Providing Records:  ORS 652.750 allows an employer to charge a "reasonable fee" for the copies of personnel files provided to employees or separated employees.

Possible Penalties:  If a driver is unable to secure training records as outlined, the driver will need to follow up with BOLI and/or ODE.

ORS 652.900 provides a maximum $1,000 fine for a violation of ORS 652.750.  This would be based on an employee or previous employee filing a complaint with BOLI.

OAR 581-053-0004 places the requirement to maintain training records with the transportation entity, which is any school district, individual school, educational service district or head start agency.  If a transportation entity or contractor is unable or unwilling to comply with the rule, the transportation entity can be found out of compliance with administrative rules as required by OAR 581-022-1530.  A corrective action plan would need to be put in place and ultimately funding could be at risk.

If you have questions or concerns about this, please contact T.J. Crockett at (503) 947-5724 or tj.crockett at state.or.us.


T.J. Crockett
Program Analyst
Oregon Department of Education
Pupil Transportation & Fingerprinting
(503) 947-5724
(503) 378-5156 fax

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