DRUG AND ALCOHOL TESTING OF CDL LICENSE HOLDERS AND OTHER EMPLOYEES WHO PERFORM SAFETY SENSITIVE FUNCTIONS | Policy Manual

1462 - DRUG AND ALCOHOL TESTING OF CDL LICENSE HOLDERS AND OTHER EMPLOYEES WHO PERFORM SAFETY SENSITIVE FUNCTIONS

The Governing Board believes that the safety of students while being transported to and from school or school activities is of utmost importance and is the primary responsibility of the driver of the school vehicle. To fulfill such a responsibility, each driver, as well as others who perform safety-sensitive functions with Governing Board-owned and/or operated (“Governing Board-owned”) vehicles shall be mentally and physically alert at all times while on duty. To that end, the Governing Board has established this policy and others related to employees’ health and well-being.

For purposes of this policy and the guidance associated with the policy, the following definitions shall apply.

The term illegal drug means drugs and controlled substances, the possession or use of which is unlawful pursuant to all applicable laws and regulations.
The term controlled substance includes any illegal drug and any drug that is being used illegally, such as a prescription drug that was not legally obtained or not used for its intended purposes or in its prescribed quantity. The term does not include any legally-obtained prescription drug used for its intended purpose in its prescribed quantity unless such use would impair the individual’s ability to safely perform safety-sensitive functions.
The term controlled substance abuse includes excessive use of alcohol as well as prescribed drugs not being used for prescribed purposes, in a prescribed manner, or in the prescribed quantity.
The term safety-sensitive functions includes all tasks associated with the operation and maintenance of Governing Board-owned vehicles. This term further includes any period in which an individual is actually performing, ready to perform, or immediately available to perform any safety-sensitive function.
The term CDL license holder means all regular and substitute bus drivers, other staff members who may drive students in Governing Board-owned vehicles or inspect, repair, and maintain Governing Board-owned vehicles.
The term while on duty means all time from the time the CDL license holder begins to work or is required to be in readiness for work until the time s/he is relieved from work and all responsibility for performing work.

The Governing Board expects all CDL license holders to comply with all drug free policies which prohibits the possession, use, sale, or distribution of alcohol and any controlled substance on ESC property at all times. Further, the Governing Board concurs with the Federal requirement that all CDL license holders should be free of any influence of alcohol or controlled substance while on duty.

The Governing Board directs the Superintendent to establish a drug and alcohol testing program whereby each regular and substitute bus driver, as well as any other staff member who holds a CDL license, is tested for the presence of alcohol in the staff member’s system as well as for the presence of the following controlled substances:

Marijuana;
Cocaine;
Opioids;
Amphetamines; and
Phencyclidine (“PCP”).

The drug tests are to be conducted in accordance with all applicable laws and regulations prior to employment, for reasonable suspicion, upon return to duty after any alcohol or drug rehabilitation, post-accident, on a random basis, and on a follow-up basis. Candidates shall also be tested for the presence of alcohol in their system prior to employment.

Any staff member who tests positive shall immediately be prohibited from performing or continuing to perform the staff member’s safety-sensitive functions (e.g., driving any Governing Board-owned vehicle) and be referred to the ESC’s Employee Assistance Program.

Furthermore, if during any test the lab determines that an adulterant has been added to the specimen, then:

the test will be considered positive, and the employee shall be prohibited from driving any school vehicle and be referred to the ESC’s Employee Assistance Program; and
the employee will be re-tested with an observed collection to prevent the addition of an adulterant to the specimen.

Any staff member who refuses to submit to a test shall immediately be prohibited from performing or continuing to perform the staff member’s safety-sensitive functions (e.g., driving any Governing Board-owned vehicle).

Staff member who voluntarily disclose that they have an addiction to alcohol or controlled substances may participate in the Employee Assistance Program and will qualify for the receipt of medical insurance benefits for treatment of alcohol or substance abuse, including follow-up care, to the extent that such benefits are provided for or offered in the Governing Board’s health insurance package. Voluntary disclosure of an alcohol or drug addiction by a staff member will not subject the staff member to disciplinary action unless such disclosure is made after the staff member is selected to be tested or immediately prior to the selection of staff members to be tested. Nothing herein shall prevent the Governing Board from disciplining a staff member for misconduct associated with his/her alcohol and/or drug use regardless of whether the employee has disclosed that s/he has an alcohol or drug addiction.

If a staff member admits to failing a previous drug or alcohol test, or has refused to test, the staff member will not be permitted to perform safety-sensitive functions until completing the return-to-duty process.

A staff member will be subject to disciplinary action, up to and including termination, for any of the following reasons:

reports for duty or performs work while having an alcohol concentration of 0.04 or greater or performs safety-sensitive functions within four (4) hours after using alcohol;
reports for duty or performs work while testing positive for using a controlled substance, or while being under the influence of a controlled substance;
refuses to disclose any therapeutic drug use or submit to drug and/or alcohol testing;
alters or attempts to alter or unduly influence alcohol and/or drug testing results; and/or
fails to remain readily available for post-accident testing (including refraining from the use of alcohol for eight (8) hours following the accident or until undergoing a post-accident alcohol test, whichever occurs first, and notifying his/her supervisor of his/her location, if the staff member leaves the scene of the accident prior to the submission of a post-accident test, unless the staff member’s departure is to obtain necessary emergency medical care).

Prior to the beginning of the testing program, the Governing Board shall provide a drug-free awareness program which will inform each CDL license holder about:

the dangers of illegal drug use and controlled substance and alcohol abuse;
Drug-Free Workplace, Unrequested Leaves of Absence/Fitness for Duty, Substance Abuse, and Employee Assistance Program policies; and
the sanctions that may be imposed for violations of any drug free policy.

All time spent undergoing an alcohol or controlled substance test, including travel time, will be paid at the staff member’s regular rate of pay, or at his/her overtime rate, if applicable. Any staff member who is not allowed to return to work while awaiting test results will be compensated during the waiting period for all work time lost, including overtime, if applicable. The Governing Board shall pay all costs associated with the administration of alcohol and controlled substance tests. This includes testing of the “split specimen” at a Federally certified laboratory if so requested by a staff member. Requests for a "split specimen" must be made within seventy-two (72) hours of receipt of the notification of a positive drug test. The Governing Board shall not pay for the employee’s time while not on duty, if the split specimen test results are positive.

Alcohol and drug test results shall be protected as confidential medical records as appropriate under the Federal law (i.e., test results shall be provided on a right to know basis – the employee, the employer, and the substance abuse professional – and the results shall not be presented until analyzed by a Medical Review Officer).

A tested individual, upon written request, will be promptly provided copies of any records relating to the individual’s use of drugs and alcohol, including any records pertaining to the individual’s drug and alcohol tests. A tested individual shall provide specific written consent before the individual’s result can be provided to any other person except as required by law.

All tests shall be conducted in accordance with Federal testing guidelines and be performed by a laboratory that is Federally certified.

The alcohol and drug testing program shall be under the direction of the Superintendent.

The Superintendent shall arrange for the required amount of training for appropriate staff members in drug recognition, in the procedures for testing, and in the proper assistance of staff members who are subject to the effects of substance abuse.

The Superintendent shall submit, for Governing Board approval, a contract with a certified laboratory to provide the following services:

testing of all first and second test urine samples;
clear and consistent communication with the Governing Board’s Medical Review Officer (“MRO”);
methodology and procedures for conducting random tests for controlled substances and alcohol; and
preparation and submission of all required reports to the Governing Board, the MRO, and to Federal and State governments.

The Superintendent shall also select the agency or persons who will conduct the alcohol breathalyzer tests, the ESC’s MRO, and the drug collection site(s) in accordance with the requirements of the law.

Notification

A tested candidate shall be notified of the results of a pre-employment controlled substances test conducted under this part, if the driver requests such results within sixty (60) calendar days of being notified of the disposition of the employment application.

A tested individual shall be notified of the results of random, reasonable suspicion and post-accident tests for controlled substances conducted under this policy if the test results are verified positive. The tested individual shall also be informed which controlled substance or substances were verified as positive.

The Superintendent shall make reasonable efforts to contact and request each driver who submitted a specimen under the employer's program, regardless of the driver's employment status, to contact and discuss the results of the controlled substances test with a medical review officer who has been unable to contact the driver.

The Superintendent shall immediately notify the medical review officer that the driver has been notified to contact the medical review officer within seventy-two (72) hours.

Individuals holding a CDL license must notify all current employers of any DOT violations (such as testing positive for the presence of alcohol or a controlled substance in violation of this policy). The notification must be made (1) by the end of the business day following the day the individual first receives notice of the violation or (2) prior to performing any safety-sensitive function, whichever comes first. Individuals are not required to notify the employer that administered the test or that documented the circumstances giving rise to the violation.

In the event that an individual is selected for testing, the Superintendent will inform the individual that the test is required by applicable law.

Reporting Test Results

The Superintendent shall prepare and maintain a summary of the results of its alcohol and controlled substances testing programs performed under this policy during the previous calendar year, when requested by the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its drivers. Such summaries shall be submitted in a manner and timeline as required by law.

Educational Materials Related to Certain Federal Regulations, Governing Board Policies, and Procedures

CDL License Holders and other employees who perform safety-sensitive functions will be provided educational materials that discuss the employer’s policies and procedures with respect to post-accident information and positive test results, among other things, at the time of hire or at any time when required to operate a school vehicle. The educational materials shall explain the requirements of applicable Federal regulations and the Governing Board’s policies and ESC’s procedures with respect to meeting these Federal regulations. The Governing Board designates the Superintendent as the individual responsible for providing educational materials to CDL License Holders and other employees who perform safety-sensitive functions. The educational materials will include, at a minimum, the following:

the contact information for the Superintendent, who is the individual designated by the Governing Board to answer questions about the educational materials;
a statement that all CDL License Holders and other employees who perform safety-sensitive functions are subject to Federal law addressing the misuse of alcohol and other controlled substances;
information sufficient to make clear to employees the period of the workday during which they are required to comply with the regulations;
information concerning prohibited conduct;
the circumstances under which employees are subject to testing for alcohol and/or controlled substances;
the procedures for testing for the presence of alcohol and controlled substances in order to protect the employee and the integrity of the testing process, to safeguard the validity of the test results, and to confirm the results are attributed to the correct employee including post-accident information, procedures, and instructions required under Federal regulations;
the requirement that staff members shall submit to alcohol and controlled substance testing as required by the regulations;
an explanation of what constitutes a refusal to be tested for alcohol or controlled substances and the attendant consequences;
the consequences of testing positive, including the requirements of immediate removal from safety-sensitive functions, and the procedures regarding referral, evaluation, and treatment;
the consequences for employees found to have an alcohol concentration of 0.02 or greater but less than 0.04;
information concerning the effects of alcohol and controlled substances use on an individual’s health, work, and personal life; signs and symptoms of an alcohol and/or controlled substances problem (the employee’s or a co-worker’s); and available methods of intervening when a controlled substance and/or alcohol problem is suspected (including confrontation and how to refer someone to an Employee Assistance Program or to management), and
information regarding the requirement that certain personal information collected and maintained under Federal law be reported to the Commercial Driver’s License Drug and Alcohol Clearinghouse indicating that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including alcohol, is prohibited on all school board property and at school-sponsored activities. Individuals are strictly prohibited from reporting to work or being on duty while under the influence of alcohol or a controlled substance.

These materials are to be distributed to each staff member upon being hired or transferred into a covered position thereafter Each staff member will receive a copy of the educational materials and must sign a statement certifying receipt of such materials. A staff member who refuses to sign the requisite statement shall be prohibited from performing any safety-sensitive functions. Each employee shall receive written notice of the availability of this information, and the identity of the Governing Board’s designated representative in charge of answering questions about the materials.

Return-to-Duty (Safety-Sensitive Positions)

Employees who are removed from performing safety-sensitive functions as a result of this policy shall take and pass a return-to-duty test before returning to performing safety-sensitive functions. The return-to-duty test will not occur until after a Substance Abuse Professional (“SAP”) has determined that the employee has successfully complied with prescribed education and/or treatment. The employee shall have a negative drug test result and/or an alcohol test with an alcohol concentration of less than 0.02 before resuming performance of safety-sensitive duties. The employee will not be permitted to perform safety-sensitive functions until the start of the employee’s next regularly scheduled duty period, but not less than twenty-four (24) hours following administration of the return-to-duty test.

Employees who are eligible to return to performing safety-sensitive functions may not do so without the prior approval of the Superintendent.