|Kent City Community Schools|
|Bylaws & Policies|
4162 - CONTROLLED SUBSTANCE AND ALCOHOL POLICY FOR COMMERCIAL MOTOR VEHICLE (CMV) DRIVERS
The Board of Education believes that the safety of students while being transported to and from school or school activities is of utmost importance and is the primary responsibility of the driver of the school vehicle. To fulfill such a responsibility, each driver, as well as others who perform safety-sensitive functions with District vehicles must be mentally and physically alert at all times while on duty.
To that end, the Board has established this policy, which includes an alcohol and controlled substances testing program. The Board expects all Drivers to comply with Board Policy 4122.01 on Drug Free Workplace 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 Drivers should be free of any influence of alcohol or controlled substance while on duty. Therefore, participation in the alcohol and controlled substances testing program is a condition of employment for all Drivers.
This policy covers all commercial driver's license (CDL) holders and regular and substitute bus drivers as well as other staff who operate, inspect, service and condition a commercial motor vehicle (CMV) while on duty, regardless of whether they are required to hold a CDL.
For purposes of this policy and the guidelines associated with the policy, the following definitions shall apply:
|A.||The term alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols, including methyl or isopropyl alcohol. This term is a volume breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test as described herein.|
|B.||The term controlled substance includes any illegal drug, the possession or use of which is unlawful pursuant to Federal, State and local laws and regulations, 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. This term includes, but is not limited to, marijuana metabolites, cocaine metabolites, amphetamines, opiate metabolites, phencyclidine (PCP).|
|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 waiting to be dispatched, inspecting equipment, servicing, driving, loading or unloading District vehicles, as well as repairing, obtaining assistance, or remaining in attendance upon a disabled District vehicle. This term further includes any period in which an individual is actually performing, ready to perform, or immediately available to perform any safety-sensitive function.|
|E.||The term CDL license holder means all Driver CDL holders and regular and substitute bus drivers who operate a commercial motor vehicle while on duty, as well as other staff members who operate, inspect, service and condition a commercial motor vehicle (CMV) while on duty, regardless of whether they are required to hold a CDL.|
|F.||The term while on duty means all time from the time the Driver 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 Superintendent shall establish a drug and alcohol testing program whereby each Driver is tested for the presence of alcohol in his or her system as well as for the presence of the following controlled substances:
The alcohol and controlled substances tests are to be conducted in accordance with Federal and State regulations a.) prior to employment(Controlled Substances Only), b.) reasonable suspicion, 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.
No staff member who has tested positive for alcohol or a controlled substance may be returned to a safety sensitive position without having been evaluated by a qualified substance abuse professional (SAP), completed any required treatment program, and passed a retest. Return to a safety sensitive position is solely at the Districtís discretion.
Prior to the beginning of the testing program, the District shall provide training for all employees, including Driversand their supervisors, about:
|A.||the dangers of illegal drug use and controlled substance and alcohol abuse;|
|B.||indicators of probable alcohol misuse and controlled substance abuse;|
|C.||Board Policy 4122.01 - Drug-Free Workplace, Policy 4161 - Unrequested Leaves of Absence/Fitness for Duty, Policy 4170 - Substance Abuse, and Policy 4170.01 - Employee Assistance Program;|
|D.||the sanctions that may be imposed for violations of Policy 4122.01.|
The Superintendent shall arrange for periodic retraining of supervisors and staff members as necessary. The Superintendent shall provide a copy of this policy and testing guidelines to all Drivers and will include available resources to assist employees with problems related to the use of alcohol and controlled substances.
The Superintendent shall submit, for Board approval, a contract with a certified laboratory to provide the following services:
|A.||testing of all first and second test urine samples|
|B.||clear and consistent communication with the District's Medical Review Officer (MRO)|
|C.||methodology and procedures for conducting random tests for controlled substances and alcohol|
|D.||preparation and submission of all required reports to the District, the MRO, and to Federal and State governments|
The Superintendent shall also select the agency or persons who will conduct the alcohol breathalizer tests, the District's MRO, and the drug collection site(s) in accordance with the requirements of the law.
49 C.F.R. 382.101 et. seq.
© Neola 2013