Kent City Community Schools
Administrative Guidelines
 

4162A - ALCOHOL AND CONTROLLED SUBSTANCE TESTING

The purpose of the District's drug-testing program is to institute and maintain a program for achieving the objective of a drug-free work force and to provide a workplace that is free from the illegal and improper manufacture, distribution, dispensing, possession, sale, and use of alcohol and controlled substances.

The program will assist drivers in understanding and avoiding the perils of alcohol misuse and controlled substance abuse. The District will provide a comprehensive drug-free awareness program as an ongoing educational effort to prevent and eliminate alcohol misuse and controlled substance abuse. The drug-free awareness program will inform drivers about:

 

A.

the dangers of alcohol misuse and controlled substance abuse;

   
 

B.

the Board's policy on drug-free schools, drug testing, and others related to the use of controlled substances (see Appendix);

   
 

C.

the availability of treatment and counseling for employees who voluntarily seek such assistance;

   
 

D.

the sanctions the District will impose for violations of its policies related to this program.

Definitions

Please see definition in Board Policy 4162 as contained in the Appendix for definitions of key terms used throughout this program.

District Coordinator

The Transportation Supervisor shall be the coordinator of the District's alcohol and controlled substances testing program and the person to be contacted for answers to any questions that a staff member may have.

Supervisors and other appropriate personnel will be trained in alcohol misuse and controlled substances abuse recognition and the District's procedures for handling and assisting drivers who are subject to the effects of alcohol and controlled substances.

 

RULES RELATED TO THE DRUG-TESTING PROGRAM

 

All drivers are encouraged to abide by Board policies related to controlled substance and alcohol use and testing as well as the following rules. Any violation will lead to disciplinary action up to and including termination of employment.

Required Hours of Compliance

A driver must not consume alcohol while on duty, four (4) hours prior to on duty time, and up to eight (8) hours following an accident or until the employee undergoes a post-accident test, whichever occurs first. A driver shall not report for duty or remain on duty that requires performing safety sensitive functions when the driver uses any controlled substance, except when the use is at the instruction of a physician who has advised the driver that the substance does not adversely affect the ability to safely operate a CMV.

Refusal to Submit to a Required Alcohol or Controlled Substances Test

No driver shall refuse to submit to a test. Such behavior includes refusal to submit to a test; inability to provide sufficient quantities of breath, saliva, or urine to be tested without a valid medical explanation; tampering with or attempting to adulterate the specimen; interfering with the collection procedure; not immediately reporting to the collection site; failing to remain at the collection site until the collection process is complete; having a test result reported by an MRO as adulterated or substituted; or leaving the scene of an accident without a valid reason before the tests have been conducted.

Controlled Substances Use

No driver shall report for duty or remain on duty when the driver uses any controlled substance, except when the use is prescribed by a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a District vehicle or perform safety-related functions.

Authorized Use of Prescribed Medicine

A staff member undergoing prescribed medical treatment with any controlled substance that may impair his/her physical or mental ability should report this treatment to the Transportation Supervisor who will determine whether the District shall temporarily change the staff member's job assignment during the period of treatment.

General Rules

Discipline will also be imposed if a CDL license holder:

 

A.

fails to enroll, when requested by the District, in alcohol or other controlled substance treatment or counseling program and/or fails to adhere to the requirements of the program;

   
 

B.

is indicted or convicted under any criminal drug statute for a violation occurring in the workplace or outside the workplace;

   
 

C.

fails to notify the District of any indictment or conviction under any criminal drug statute within five (5) days of the event;

   
 

D.

does not comply with regulations promulgated under any testing program.

Consequences for Violation of the Alcohol and Controlled Substance Policy

In addition to any disciplinary action, the District may, in its sole discretion, refer the staff member to a treatment or counseling program for alcohol misuse or controlled substance abuse. Drivers referred to such a program by the District must be evaluated by an Employee Assistant Program which shall determine the treatment and/or education of the employee needs in resolving problems associated with alcohol misuse. Further, drivers referred to a treatment program by the District must immediately cease any controlled substance use of alcohol misuse must consent to unannounced testing, and must comply with all other conditions of the treatment or counseling program and disciplinary action. Appropriate District representatives shall determine whether a staff member, referred for alcohol misuse or controlled-substance abuse treatment or counseling, shall be reassigned to another available position.

After successful completion of all requirements, the driver shall undergo a return-to-duty alcohol and controlled substance test.

Removal from Safety Sensitive Functions

A CDL license holder who tests positive for drugs or alcohol shall be removed from his/her safety-sensitive functions, including driving. If a CDL license holder is found to have an alcohol concentration of 0.02 or greater, but less than 0.04, s/he shall be prohibited from performing any and all safety-sensitive functions (including driving) until the start of the CDL license holder’s next regularly-scheduled shift, but not less than twenty-four (24) hours following the administration of the test. If a CDL license holder is found to have an alcohol concentration of 0.04 or greater, s/he shall immediately be removed from duty and prohibited from performing any and all safety-sensitive functions (including driving) for the period of time specified by a Substance Abuse Professional and until they pass a return-to-duty test. Nothing in this provision shall preclude the Board from imposing discipline, up to and including termination of a CDL license holder’s employment.

TESTING FOR ALCOHOL AND CONTROLLED SUBSTANCES

The District has established a testing program for alcohol and controlled-substances for all drivers and will, in its sole discretion, determine and may at any time change the requirements, extent, and frequency of staff member testing.

General Procedure

 

A.

The District will afford applicants and CDL license holders the opportunity, prior to testing, to list all prescription and nonprescription drugs and controlled-substances they have used and to explain the circumstances surrounding the use of such drugs and controlled-substances. Failure of any applicant or staff member to establish adequately a legal basis for the use of any drug or controlled-substance with respect to which s/he tests positive shall constitute a violation of these rules.

   
 

B.

Applicants and drivers subject to testing must, prior to testing, sign an approved form agreeing to the testing, authorizing the release of test results to the District's Medical Review Officer (MRO), and authorizing the disclosure of the results by the MRO to the Transportation Supervisor, the Superintendent, and/or the Board of Education. The MRO will obtain the results of the analyses and communicate or disclose such results to the parties named above in accordance with the District's policies and procedures and appropriate sections of the negotiated agreement.

   
 

C.

The District may use such information in connection with District business and for purposes of employment and disciplinary actions, and may disclose it when required to Government agencies and to others upon valid legal requests.

   
 

D.

The procedures that will be used for the testing for alcohol and drug use shall protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct staff member.

     
 

E.

The District, prior to taking any action, will give all CDL license holders who test positive the opportunity to explain in writing the test results. Failure of any staff member to establish adequately a legal basis for the use of any drug or controlled-substance with respect to which the staff member tests positive shall constitute a violation of these rules.

   
 

F.

The District will establish and maintain any and all additional testing programs and requirements that may be necessary or appropriate to comply with applicable rules and regulations of all Government agencies.

Pre-Employment Testing

Prior to employment or upon receipt of a CDL license if already employed, each driver shall undergo testing for alcohol and controlled substances. If a pre-employment alcohol test result indicates an alcohol content of 0.02 or greater but less than 0.04, the candidate will be retested after a waiting period of twenty-four (24) hours.

A pre-employment test for alcohol will not be required if the driver has undergone such an alcohol test within the previous six (6) months, with a result indicating an alcohol concentration less than 0.04; and the District has ascertained that there has been no alcohol misuse within the previous six (6) months.

A pre-employment test for controlled substances will not be required if the driver has participated in a drug-testing program that meets FMCSA requirements within the previous thirty (30) days and while participating in that program, either was tested for controlled substances within the past six (6) months from the date of application to the District or participated in a random-controlled substances testing program for the previous twelve (12) months from the date of application. The driver must also verify that s/he has no record of a violation of drug use during the previous six (6) months. The candidate shall sign Form 4162 F3 authorizing the release of the information from the previous testing to the District.

The Transportation Supervisor shall contact the alcohol and/or controlled substances testing program(s) in which the driver participated and obtained the following information:

 

A.

name and address of the program

   
 

B.

verification that the driver participated in the program

   
 

C.

verification that the program conforms to Federal law

   
 

D.

verification that the driver has not refused to be tested for alcohol or controlled substances

   
 

E.

the date the driver was last tested for alcohol or controlled substances

   
 

F.

the results of any tests taken within the previous six (6) months

Post-Accident Testing

As soon as practicable following an accident involving a District vehicle, the District shall test each surviving driver for alcohol and controlled substances who:

 

A.

was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or

   
 

B.

receives a citation under State or local law for a moving traffic violation arising from the accident.

Alcohol Tests

If a test is not administered within two (2) hours following the accident, the Transportation Supervisor shall file a record stating the reasons the test was not promptly administered. If a test is not administered within eight (8) hours following the accident, the test shall not be administered and the record shall indicate the reasons why the test was not administered. The record shall be submitted to the FMCSA upon request.

Drug Tests

If a test is not administered within thirty-two (32) hours following the accident, the Transportation Supervisor shall cease attempts to administer the test and file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FMCSA upon request.

A driver who is subject to post-accident testing shall remain readily available for such testing or shall be deemed by the District to have refused to submit to testing. Drivers subject to post-accident testing must refrain from using alcohol for eight (8) hours following the accident or until completing a post-accident alcohol test, whichever comes first. The required testing shall not delay necessary medical attention for injured people following an accident or prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.

The District shall provide each driver with necessary post-accident information, procedures and instructions, prior to the driver operating a District vehicle.

Reasonable Suspicion Testing

The District manager must test a Driver if s/he or any trained supervisor has a reasonable suspicion that a Driver has used a controlled substance or has misused alcohol. A request for a Driver to undergo a reasonable suspicion test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odor of the Driver. Further, reasonable suspicion alcohol testing is permissible only if the District manager or trained supervisor's observations are made during, just preceding, or just after the driver is performing safety-sensitive functions or is attempting to perform safety-sensitive functions. Reasonable suspicion controlled substances testing may be based on an observation at any time the driver is on duty, off duty, during working hours or nonworking hours, and either on or off District premises.

If the alcohol test is not administered within two (2) hours following observations triggering the request to test, the District must prepare and maintain a record stating the reasons the alcohol test was not administered promptly. If the test is not conducted within eight (8) hours of the observations triggering the request to test, attempts to administer the test must cease, and the District manager or trained supervisor shall indicate in the record the reason the test was not conducted. If the alcohol test is not conducted within eight (8) hours, the driver shall be placed out of service for twenty-four (24) hours.

The District manager or trained supervisor making reasonable suspicion determinations shall document those observations within twenty-four (24) hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier.

Random Testing

Each year, twenty-five percent (25%) of the average number of drivers shall be subject to random alcohol testing and twenty-five percent (25%) shall be subject to random drug testing.

The selection of drivers for random alcohol and controlled substances testing shall be made by a scientifically valid method provided by the District's drug-testing facility. Under the selection process used, each driver shall have an equal chance of being tested each time selections are made.

(If the District conducts random testing for alcohol and/or controlled substances through a consortium, the number of drivers to be tested may be calculated for each individual District or may be based on the total number of drivers covered by the consortium.)

Only drivers performing safety-sensitive functions are permitted in the random candidate pools. If the District manager chooses to randomly test all Drivers, all drivers who do not drive CMVs must be placed in a separate pool and tested separately.

The Transportation Supervisor shall ensure that random alcohol and controlled substances tests are unannounced and that the dates for such tests are spread reasonably throughout the calendar year.

Each driver who is notified of selection for random alcohol and/or controlled substances testing shall be relieved of any job responsibilities as soon as possible and proceed to the test site immediately.

Consequences for Drivers With Certain Alcohol Concentration

Any Driver who has an alcohol concentration of 0.02 or greater but less than 0.04 shall not perform or continue to perform safety-sensitive functions until twenty-four (24) hours following the administration of the test. No action shall be taken against a Driver based solely on test results showing an alcohol concentration of less than 0.02. Alcohol concentration results of less than 0.02 are considered negative for the purposes of this employer testing program.

Return-to-Duty Testing

The Transportation Supervisor shall ensure that, before a driver returns to duty after engaging in a verified positive controlled substances test result, an alcohol result of 0.04 or greater, a refusal to submit to a test, or any other activity that violates this policy, s/he undergoes an evaluation by an Employee Assistance Program, participates in any treatment program prescribed, and passes a controlled substances and/or alcohol return-to duty test.

A driver must have a verified negative controlled substances test result or an alcohol test result of less than 0.02 to return to a safety-sensitive function.

Follow-Up Testing

If the driver is receiving assistance in resolving problems associated with alcohol misuse and/or use of controlled substances from a qualified, substance-abuse professional, s/he shall be subject to unannounced follow-up alcohol and/or controlled substances testing as determined by the substance-abuse professional and consisting of at least six (6) tests within the first twelve (12) months of his/her return to duty. All such tests shall be conducted in accordance with Federal rules.

APPENDIX

The following pages contain the Board Policy 4162, Policy 4122.01, Policy 4161, Policy 4170, and Policy 4170.01 which relate directly to the Alcohol and Controlled Substances Awareness and Testing Program. It is important that you be familiar with each of these policies.

Revised 7/18/16

© Neola 2016