B.

Post-Accident Testing

After an accident involving a commercial motor vehicle, a driver may be tested for alcohol and controlled substances as prescribed by the motor vehicle law. An accident is defined as one (1) which involves the loss of human life or the driver receives a citation under State or local law for a moving traffic violation arising from the accident.

C.

Reasonable Suspicion Testing

Drivers are required to submit to testing based on "specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver". Reasonable suspicion testing is authorized by the regulations during, just preceding, or after a period of the work day the driver is required to be drug or alcohol free.

The required observation for reasonable suspicion testing will be made and confirmed by the Superintendent's designees who are trained in accordance with the requirements of the Federal regulations.

D.

Return to Duty Testing

After a driver fails to pass an alcohol test (at 0.04 and beyond) or controlled substance test, the driver will be required to undergo and pass another test before the driver is permitted to operate a commercial motor vehicle.

E.

Follow-Up Testing

Drivers who are reinstated after problems associated with alcohol misuse and/or use of controlled substances shall be subject to unannounced follow-up testing as directed by a substance abuse professional (a maximum of six (6) times per year unless more testing is required by the substance abuse professional).

A.

Alcohol

Following a determination that the employee has violated the alcohol prohibitions, including having a test result of 0.04 BAC or greater, the driver must be removed from, and cannot be returned to, a driving position until, at a minimum:

1.

the employee undergoes evaluation, and where necessary, rehabilitation from a medical rehabilitation office selected by the employee from an approved list;

2.

a substance abuse professional determines that the employee has successfully complied with any required rehabilitation;

3.

the employee undergoes return-to-duty tests with the result of less than 0.02 BAC.

In addition, an employee with an alcohol concentration of 0.02 or greater, but less than 0.04, will not be permitted to drive a commercial motor vehicle for a minimum of twenty-four (24) hours.

B.

Drugs

Following a determination that an employee has misused controlled substances, as determined through testing, this policy requires that a driver be removed from operating a commercial motor vehicle until, at minimum:

1.

the employee undergoes evaluation, and where necessary, rehabilitation;

2.

a substance abuse professional determines that the driver has successfully complied with any required rehabilitation, and the employee takes a return-to-duty test with a verified negative test result.

A.

The District will pay for required random, post-accident, and reasonable suspicion drug and alcohol testing expenses. Employees shall pay for all return-to-duty and follow-up drug and alcohol testing that is required. The employer shall provide transportation to and from the testing site.

B.

Drivers required to be tested will be compensated at their regular hourly rate for one (1) hour.

C.

The District shall provide the mandatory alcohol and drug testing in-service to all CDL holders prior to January 1, 1996. At this in-service, the District shall inform the employees of drug and alcohol rehabilitation programs/providers in the area.

D.

On the first occurrence that an employee's test is positive for drug and/or alcohol (at 0.04 and beyond), the employee shall be required to attend a rehabilitation treatment program. The employee shall pick a medical rehabilitation office from an approved list for the rehabilitation program. The employer shall set up the initial meeting. The employee shall be afforded his/her available sick leave, and/or a medical unpaid leave at his/her request.

E.

The Board must require a driver to submit to a controlled substance test if there is reasonable suspicion to believe that the driver has violated the prohibitions of controlled substances. The District administrator determining reasonable suspicion shall have confirmation of reasonable suspicion by a second District administrator. If the driver's alcohol test results in a reading between 0.02 and 0.04, that employee shall receive a twenty-four (24) hour unpaid suspension and be required to attend an employee assistance program (EAP) consultation. The employer shall schedule the EAP consultation within the twenty-four (24) hour period and shall arrange for confirmation of the meeting.

F.

All disciplinary provisions of Article XIII, Section B shall continue to apply, as well as grievance procedures contained in Article VIII.