| Genesee Intermediate School District |
| Bylaws & Policies |
3162 - DRUG AND ALCOHOL TESTING
The Board believes that the safety and protection of students is of utmost importance while they are under the supervision and responsibility of staff or volunteers, whether they are at school, being transported to or from school, or attending school-related activities. Individuals involved directly and indirectly with students must be mentally and physically alert at all times while on duty. To that end, the Board has established this policy and others related to the well-being of employees and volunteers.
For purposes of this policy and the guidelines associated with the policy, the following definitions shall apply.
| A. | The term illegal drug means drugs and controlled substances, the possession or use of which is unlawful, pursuant to Federal, State, and local laws and regulations. | |
| B. | 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. | |
| C. | 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. | |
| D. | The term safety-sensitive functions includes all tasks associated with the operation and maintenance of District vehicles. | |
| E. | The term CDL license holder means all regular and substitute bus drivers, other staff members who may drive students in District vehicles or inspect, repair, and maintain District vehicles. | |
| F. | The term while on duty means all time from the time the employee or volunteer 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 Board expects all employees and volunteers to comply with Board Policy 3122.01 on Drug Free Schools which prohibits the possession, use, sale, or distribution of alcohol and any controlled substance on school property at all times. Further, the 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 Board directs the Superintendent to establish a drug and alcohol testing program whereby each bus driver, substitute bus driver, transportation aide or substitute transportation aide, as well as any other staff member who is required to hold a CDL license, is tested for the presence of alcohol in his/her system as well as for the presence of the following controlled substances:
| A. | Marijuana | |
| B. | Cocaine | |
| C. | Opiates | |
| D. | Amphetamines | |
| E. | Phencyclidine (PCP) |
The drug tests are to be conducted in accordance with Federal and State regulations a.) prior to employment, b.) for reasonable cause, c.) upon return to duty after any alcohol or drug rehabilitation, d.) after any accident, e.) on a random basis, f.) on a follow-up basis, and g.) annual physicals for all regular and substitute bus drivers.
The purpose of the testing program is to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by bus drivers, transportation aides and other required CDL licensed employees to comply with Federal law.
School bus drivers, substitute bus drivers, transportation aides, substitute transportation aides, and all other required CDL licensed employees are prohibited from any alcohol use which could affect on-the-job performance. Such misuse included use of alcohol on the job, alcohol use four (4) hours before driving, having prohibited concentrations of alcohol in his/her system and alcohol use during the eight (8) hours following an accident.
Bus driver, substitute bus drivers, transportation aides, substitute transportation aides, and all other required CDL licensed employee shall not report for duty or remain on duty which requires the performance of safety sensitive functions when the employee uses any controlled substance except when such use is pursuant to instructions of a physician who has advised the employee that the controlled substance does not adversely affect his/her ability to safely operate the motor vehicle.
Such alcohol and drug testing shall be performed on school bus drivers, substitute bus drivers, transportation aides, substitute transportation aides and all other required CDL licensed employees for pre-employment (drugs only), pre-duty, reasonable suspicion, random, post-accident, return-to-duty and follow-up alcohol and drug testing pursuant to the procedures set forth in Federal regulations.
An employee covered by the Federal regulations may not refuse to take a required test. The ability to pass a physical examination, a drug and alcohol test pursuant to the procedures set forth in Federal regulations is required for bus drivers, substitute bus drivers, transportation aides, substitute transportation aides and all other required CDL licensed employees.
Any staff member who tests positive shall be prohibited from driving or riding on any school vehicle and will be subject to the corrective discipline process as well as be provided information on available Assistance Programs.
District and Bargaining unit representatives will work together to develop and provide a drug-free awareness program which will inform employees and volunteers about:
| A. | the dangers of illegal drug use and controlled substance and alcohol abuse | |
| B. | programs available in the area to assist individuals who may have problems with a controlled substance or alcohol | |
| C. | Board Policy and procedures related to employee well-being and wellness | |
| D. | the sanctions that may be imposed for violations of Policy 3122.01 |
Human Resources Staff 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/Designee shall also select the agency or persons who will conduct the alcohol breathalizer tests, the District's Medical Review Officer, and the drug collection site(s) in accordance with the requirements of the law.
49 C.F.R. 382.101 et. seq.
Revised 1/10/06