Purpose
The district has a vital interest in maintaining a safe, healthful and
productive environment for its employees and students. To comply
with the Department of Transportation (DOT)’s Regulations
regarding commercial licensed drivers, an alcohol and controlled substances
testing program has been established for all transportation department
employees who have a commercial driver’s license (CDL) and/or
drive and operate vehicles transporting students. All drug and
alcohol testing pursuant to this policy will comply with the relevant
federal, state, local law and regulations. All drivers who accept
or continue in the position of driver, as defined, after notification
of this policy will be deemed to have consented to such testing.
Authority
It is the declared policy of the district that the
unlawful manufacture, distribution, dispensation, possession, or use
of drugs and alcohol are prohibited in the workplace. The district
will continue to make a good-faith effort to maintain a drug-free workplace
by the implementation of this policy.
Definitions
| a. |
Alcohol - The intoxicating agent in beverage alcohol,
ethyl alcohol, or other low molecular weight alcohol including methyl
and isopropyl alcohols. |
| b |
Alcohol use - The consumption of any beverage, mixture, or preparation,
including any medication, containing alcohol. |
| c. |
Controlled substance (drug) – Any narcotics, depressants,
stimulants, hallucinogens, or cannabis (marijuana and hashish) that
can alter the mood, perception, pain level, judgment, or the ability
of the employee to perform their duties in a safe and efficient manner. A
controlled substance or drug includes, but is not limited to, all
substances so defined, classified or listed by The Controlled Substance,
Drug, Device and Cosmetic Act (P.L 233, NO. 64, April 14, 2972),
Section 102(6) of the Controlled Substance Act (21 U.S.C. § 802(6),
Schedules I through V of the Federal Regulations (21 CFR Part 1308)
and any revisions to such laws or regulations published by the DOT. |
| d. |
Driver - A district transportation department employee who has
a commercial driver’s license and/or an employee who drives
and operates vehicles transporting students |
| e. |
On-duty time – All time from the time a driver begins to
work or is required to be in readiness to work until the time he/she
is relieved from work and relieved of all responsibility for performing
work. For the purpose of this policy, on-duty time also includes
all time spent providing a breath sample or urine specimen, including
travel time to and from the testing collection site, in order to
comply with the random, reasonable suspicion, post-accident or follow-up
testing required by this policy. |
| f. |
Safety-sensitive function - Driving and certain other functions,
including but not limited to, all time spent at the driving controls
of a vehicle in operation, in or upon any vehicle, waiting
to be dispatched to drive, inspecting or servicing a vehicle, attending
a vehicle being loaded or unloaded, and repairing, obtaining
assistance or remaining in attendance upon a disabled vehicle. |
| g. |
Under the influence – for purposes of this policy means:
- Alcohol – Having an alcohol concentration of 0.04 or greater.
- Controlled substance – A positive test result unless it
is determined that a legitimate reason exists for the presence
of the controlled substance in the employee’s system.
- Symptoms – The symptoms of influence are not confined
to misbehavior or obvious impairment of physical or mental ability. They
include, without limitation, drowsiness, hyperactivity, slurred
speech, red or tearing eyes, dilated and constricted pupils. However,
the final determination of influence will be established by a
scientifically valid test.
|
| h. |
Workplace – All work locations, including, but not limited
to, buildings, grounds, offices, desks, lockers, parking lots used
by drivers while working and any vehicle engaged in District business |
Hiring of Drivers
No individual will be hired as a driver, or transferred
into the position of driver unless he/she has undergone and passed pre-employment
testing for alcohol and drugs in accordance with this policy and/or DOT
Regulations. Additionally, his/her pre-employment background must
have been examined for drug and alcohol use in accordance with procedures. Specifically,
no individual shall be hired as a driver, or transferred into the position
of driver unless the individual has given written consent for the District
to obtain information from the individual’s previous employer(s)
pertaining to the driver’s test results obtained during that time. No
individual shall be hired as a driver if information from any prior employer
shows an alcohol test indicating a concentration of 0.04 or greater,
positive drug test, or refusal to be tested, unless the District
believes that the individual has provided adequate evidence to the District
mitigating or explaining the prior test results such as the successful
completion of a rehabilitation program.
Drug and Alcohol Use by Drivers
| a. |
The district will not employ individuals who use
illegal controlled substances in any amount. Accordingly,
the use, possession, sale, distribution, dispensation or the manufacture
of illegal controlled substances is prohibited in the workplace. |
| b. |
Drivers will not report for duty or remain on duty if
they are under the influence of or tested positive for controlled
substances, except when the use is pursuant to the written instructions
of a licensed physician who is aware of the driver's employment
and has approved the use of the particular controlled substance
in conduction with that employment. |
| c. |
Drivers using a controlled substance or any other drug purchased
over the counter or prescribed for their therapeutic use will report
such use to their supervisor. A decision may be made to temporarily
change his/her job function to insure his/her safety, students’ safety,
and safeguard district property. |
| d. |
No employee may drive, operate or be in physical control of
a school vehicle or commercial vehicle while having any alcohol
in his/her system. Drivers will not drive, operate or be
in physical control of a school vehicle or commercial vehicle or perform
any other safety-sensitive functions within four hours after
using alcohol or such longer periods as may be necessary to eliminate
any impaired state or condition of being under the influence. |
| e. |
Drivers will not report for duty or remain on duty while having
an alcohol concentration of 0.02 or greater. Any driver
tested who has an alcohol concentration of 0.02 but less than 0.04
will not be permitted to perform a safety-sensitive function until
twenty-four hours after the administration of the test. Any
driver tested who is found to have an alcohol concentration of
0.04 or greater is considered to be under the influence and in
violation of this policy. Additionally, drivers will not
possess any alcohol while on duty. |
| f. |
Drivers required to take a post-accident alcohol test will not
use alcohol for eight hours following the accident, or until they
undergo a post-accident alcohol test, whichever occurs first. |
| g. |
Managers or supervisors having knowledge that a driver
is in violation of the policy will not permit that driver
to perform any safety-sensitive function. Anyone
violating any provision of this policy is subject to disciplinary
action up to and including termination. |
Drug and Alcohol Testing
Drivers shall be subject to the following: (1) pre-employment
testing; (2) reasonable suspicion testing; (3) post-accident testing;
(4) random testing; (5) return-to-duty testing; and (6) post accident
testing to the extent permitted by federal, state, and local law and
regulations. Drivers shall also be subject to any and all applicable
drug and alcohol testing otherwise required under relevant federal, state
or local laws and regulations.
Refusal to Submit to Testing
Drivers refusing to submit to an alcohol and/or a
controlled substances test when instructed by a supervisor or management
official will not be permitted to perform a safety-sensitive function. A
refusal to submit to a test shall include failing to appear for any test
within a reasonable time, failing to remain at a testing site until the
testing process is completed, refusing to complete and sign forms required
to the testing process, failing to provide a sufficient urine or breath
sample for testing without an adequate medical explanation, otherwise
failing to cooperate in the testing process, or in any way tampering
with the testing process thereby preventing completion of the test or
the correct test result. Such refusal will be treated as
a positive test.
Drivers Violating the Drug and Alcohol Use Policy
| a. |
Any driver who violates any of the prohibitions contained
in this policy will be suspended without pay until the driver is
advised and evaluated by a substance abuse professional in accordance
with procedures. |
| b. |
Consistent with contractual, legal and constitutional requirements,
a determination will be made as to the appropriate disciplinary action
to be imposed upon the driver who violates this policy. Nothing
in this policy will limit the authority of the district to
impose such discipline, up to and including termination of employment. |
Rehabilitation
Rehabilitation is the responsibility of each driver. A
driver's decision to seek help for an alcohol or controlled substance
problem will not be used as a basis for disciplinary action, nor will
it jeopardize their continued employment if the individual immediately
stops using alcohol and controlled substances in violation of this policy.
Rehiring
Any decision on re-employment of a driver terminated for violating
this policy is entirely within the discretion of the district.
Information Provided to Drivers
The District shall provide employees subject to this policy with
educational materials explaining the requirements of this policy. These
materials shall be distributed to each applicable employee prior to the
start of the District’s testing under this policy, and to each
driver subsequently hired or transferred into a position of driver.
Calendar Year Summary
The district shall prepare and maintain an annual calendar year summary
of the results of its alcohol and controlled substances testing programs
as required by 49 CRF 382.403. If the district is notified during
the month of January of a request by the Federal Highway Administration
(FHA) to report the district’s annual calendar year summary information,
the district shall prepare and submit the report to the FHA by March
15 of that year.
Record Keeping and Access to Records
The District will prepare records, and provide access to them, as required
by law.
Confidentiality
Records maintained pursuant to this Policy and any implementing procedures
will be maintained in a secured location with controlled access. No
driver information contained in these records shall be released, except
as expressly authorized or required by law. Contracts with laboratories
and/or other entities to which the District may subcontract any of its
responsibilities under this Policy shall require those entities to maintain
the confidentiality of records, as required by law |