| Centerburg Local School District |
| Bylaws & Policies |
4162 - DRUG AND ALCOHOL TESTING OF CDL LICENSE HOLDERS
The Board of Education directs the Superintendent to develop a school bus driver drug testing program in compliance with Federal and State laws and regulations.
The Superintendent or his/her designee shall implement the program beginning January 1, 1996.
All employees of Centerburg Board of Education who must hold a Commercial Drivers License (CDL) to be able to complete a portion of their job duties are subject to this policy.
| A. | Drivers covered by this policy are prohibited from engaging in the following: |
| 1. | reporting to duty, remaining on duty, or performing a safety sensitive function while having an alcohol concentration of 0.04 or greater | ||
| 2. | reporting to duty, remaining on duty, or performing a safety-sensitive function while using a controlled substance (including prescription drugs, unless the physician has advised the driver that the substance does not adversely affect the driver's ability to operate a commercial motor vehicle) or if the driver tests positive for controlled substances | ||
| 3. | possessing alcohol while on duty or operating a commercial motor vehicle | ||
| 4. | using alcohol or controlled substances while on duty | ||
| 5. | performing safety-sensitive functions within four (4) hours after using alcohol | ||
| 6. | using alcohol for eight (8) hours following an accident in which the driver is required to take a post-accident alcohol test or until the driver undergoes a post-accident alcohol test, whichever occurs first | ||
| 7. | refusing to submit to a post-accident, random, reasonable suspicion or follow-up alcohol or controlled substance test | ||
| Violation of any of the above prohibitions may result in disciplinary action being taken against the driver. The driver will be immediately removed from the safety-sensitive position and provided with information regarding the services available for alcohol and substance abuse. In addition, the driver will be evaluated by a substance abuse professional, and be subject to re-evaluation, return-to-duty testing, and unannounced follow-up testing. |
| B. | A driver is required to report the use of any prescription or non-prescription use of medicines containing alcohol or controlled substances. | |
| C. | A driver will be required to submit to testing for alcohol and/or controlled substances under the following circumstances: |
| 1. | Pre-employment testing: Prior to the first time a driver performs a safety-sensitive function, the driver will be tested for alcohol and controlled substances. The driver will not be permitted to perform safety-sensitive functions unless the alcohol test results in a concentration of less than 0.04 and the controlled substance test results are negative. | ||
| 2. | Post-accident testing: As soon as practicable following an accident in which a fatality occurs or in which the driver receives a citation for a moving violation arising from the accident, the driver shall be tested for alcohol and controlled substances. The employer shall cease attempts to administer the test eight (8) hours following the accident for alcohol and after thirty-two (32) hours for controlled substances. | ||
| 3. | Random testing: A minimum number of drivers (currently 25% for alcohol and 50% for controlled substances) annually will be randomly selected using a scientifically valid method in which each driver will have an equal chance of being tested each time selections are made. The dates for testing shall be unannounced and spread throughout the calendar year. When a driver is selected for testing, s/he shall proceed to the test site immediately. | ||
| 4. | Reasonable suspicion testing: A trained supervisor or District official may require a driver to undergo testing for alcohol or controlled substances based upon specific, contemporaneous, articulative observations concerning the appearance, behavior, speech, or body odors of the driver. If a driver is required to undergo testing under this section, the driver must immediately cease to perform the safety-sensitive function and may not continue it until the driver's alcohol concentration measures less than 0.02 or twenty-four (24) hours have elapsed since the observation was made. The Employer shall cease attempts to administer the test eight (8) hours after the observation was made. | ||
| 5. | Return-to-duty testing: Before a driver who has been found to be in violation of the prohibitions section of this policy, set out in the Section A, may return to duty in a position requiring the performance of safety-sensitive functions, the driver must undergo testing for alcohol and controlled substance. The results of the alcohol test must show less than 0.02 concentration if the offense involved alcohol and the controlled substance test must be negative if the offense involved controlled substances. | ||
| 6. | Follow-up testing: When a driver has been found to be in violation of the prohibition section of this policy, set out in Section A, and the substance abuse professional has determined that the driver needs assistance in resolving alcohol or substance abuse problems, the driver will be subject to a minimum of six (6) unannounced follow-up tests within the first twelve (12) months as directed by the substance abuse professional. |
| D. | All drug screening and confirmation tests shall be conducted by a laboratory certified under the Department of Health and Human Service (DHHS) "Mandatory Guidelines for Federal Workplace Drug Testing Programs". The Employer and the laboratory shall have a clear and well-documented procedure for collection, shipment, and accessing of urine specimens. The procedures utilized by the Employer and the laboratory shall include an evidentiary chain of custody and control. The collection site person is responsible for maintaining the integrity of the specimen collection and transfer process. All procedures shall be outlined in writing and provided to Employer representatives and donors. | |
| E. | All alcohol breath tests shall be administered by a trained breath alcohol technician (BAT) or a law enforcement officer certified to conduct such tests. Only Evidentiary Breath Tests (EBT) shall be used along with the prescribed breath alcohol testing form. | |
| F. | Refusal to submit to any of the alcohol or controlled substance tests required by this policy will result in the driver's immediate removal from the safety-sensitive functions and may result in disciplinary action. Refusal will be treated as a positive test and the driver will be referred to a counseling program and subject to return-to-duty and follow-up testing. Actions constituting a refusal to submit to a test include: |
| 1. | failing to provide adequate breath for alcohol testing; | ||
| 2. | failing to provide adequate urine for controlled substance testing; | ||
| 3. | engaging in conduct that clearly obstructs the testing procedure; | ||
| 4. | failing to remain readily available for a post-accident test. |
| G. | Drivers who have been tested for alcohol with the results showing a concentration of 0.02 but less than 0.04 will not be permitted to perform any safety-sensitive functions for twenty-four (24) hours following administration of the test. | |
| H. | Information regarding the effects of alcohol and controlled substance use on an individual's health, work, and personal life, and information about drug and alcohol counseling, rehabilitation, and employee assistance programs is available through the Knox County Freedom Center. | |
| I. | Upon written request from the driver, the District will promptly provide copies of any records pertaining to the driver's use of alcohol or controlled substances including the results of any tests. |
The drug tests are to be conducted in accordance with Federal and State regulations a). prior to employment,
(Controlled Substances Only), b.) for reasonable cause, c.) upon return to duty after any alcohol or drug rehabilitation, d.) after any accident, e.) on a random basis, and f.) on a follow-up basis.Medical Review Officer (MRO)
The Medical Review Officer (MRO) will answer questions about the materials. The (MRO) is a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program. The MRO shall have knowledge of substance abuse disorders and have appropriate medical training to interpret and evaluate an individual's confirmed positive test result, together with his/her medical history and any other relevant biomedical information.
49 C.F.R. 382.101 et seq.
Adopted 3/13/95
Revised 10/9/95
Revised 11/13/03