In other words, it doesn’t matter whom you work for no employers can take away these rights from you simply because you work for them. Most states say you can use force, when reasonable and necessary, in the following circumstances: This is the main issue to focus on when there is a fight on the bus. No law can require citizens to put themselves or others in harm’s way in order to rescue someone else.
But I have testified as a use-of-force expert numerous times in superior courts in Washington state in various types of trials, so I do have some knowledge of when you are allowed to use force and when you are not required, legally, to do so. Let me make it clear that I am no lawyer, and I have no desire to be one. To answer that question, you first have to understand that there is no such thing as a “Good Samaritan” physical intervention law (aka a “Duty to Rescue” law) in any state in this country. In the event of a school bus fight, one of the key steps in intervening is to immediately notify dispatch of the situation. What I will shed light on in this article is the infamous question all bus drivers ask when they start: “Do I have to physically intervene if someone is fighting on my bus?” Performing a climate survey of your drivers is very important.
I have always believed that if you want to know about how someone feels about their safety in their job, you should ask them and not the people they work for. In many cases, no training was ever considered in this arena for bus drivers even though the drivers themselves would tell you that they have been dealing with progressively more serious violent incidents on their buses for many years now. We live in a reactive society where, if you bring up crisis before it occurs, you are considered paranoid or overthinking situations. Let me be clear that this is no fault of transportation organizations. Unfortunately, the aforementioned Gulfport, Fla., incident - and, earlier this year, the Alabama hostage situation in which school bus driver Charles Poland was killed by a gunman who took a 5-year-old student hostage - has given national pupil transportation supervisors and drivers what I refer to as a “reality awakening.” You see, there is training, and then there is reality training. Even though during the training every bus driver was able to speak the steps out correctly, we discovered that when it came time for them to actually perform these procedures while I was on their bus with a stopwatch yelling out “Fight!”, every driver failed to complete all of the required steps under that simulated stress situation while the bus was in motion.
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