Oregon-Davis School Corporation
Bylaws & Policies
 

4162 - DRUG AND ALCOHOL TESTING OF CDL HOLDERS AND OTHER EMPLOYEES WHO PERFORM SAFETY-SENSITIVE FUNCTIONS

The School Board entrusts the safety of students being transported to and from school and school activities on school buses to the drivers of those buses. To be worthy of the Board’s continuing trust, each school bus driver must be mentally and physically alert at all times while on duty. The Board therefore establishes this policy and directs the Superintendent to promulgate administrative guidelines as need to fully implement Department of Transportation requirements for drug and alcohol testing of these employees of the Board.

The Board requires all Commercial Driver’s License ("CDL") holders, including school bus 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. To implement this requirement, it is the policy of the Board that all CDL holders and employees who perform safety-sensitive functions are to be free of any impairment from the use of alcohol or controlled substances while on duty.

The Board directs the Superintendent to establish a drug and alcohol testing program pursuant to Federal regulations and the School Corporation’s administrative guideline that requires each employee who is employed as a regular or substitute bus driver or performs safety sensitive functions on school buses such as bus mechanics, and contractors who drive school buses pursuant to a transportation contract, to be subject to testing for the presence of alcohol in his/her system as well as for the presence of the following:

 

A.

Marijuana metabolites

 
 

B.

Cocaine metabolites

 
 

C.

Opioids

 
 

D.

Amphetamines

 
 

E.

Phencyclidine (PCP)

Tests are to be conducted pursuant to this policy and Federal regulations:

 

A.

prior to employment (for controlled substances only);

 
 

B.

based upon reasonable suspicion;

 
 

C.

upon an employee’s or contractor’s return to duty after any alcohol or drug rehabilitation;

 
 

D.

after an accident under circumstances described in the Superintendent’s administrative guideline;

 
 

E.

on a random basis; and

 
 

F.

on a follow-up basis.

Employees who are subject to this policy shall comply with the testing procedures required by the Federal regulations and the Department of Transportation ("DOT"), especially with regard to adulterated tests, substituted tests, refusals to test, dilute tests, and other procedures as described in AG 4162A.

Any individual who tests positive on a test described above shall be prohibited from driving a school bus or performing a safety sensitive function on a school bus. An employee who tests positive on a test described above also shall be subject to discipline, up to and including discharge. A contract driver shall be prohibited from driving on the same basis as a driver who is an employee of the Corporation.

In addition, the Superintendent shall require that individuals who test positive, but who are not discharged, be evaluated by a substance abuse professional and complete a counseling/educational program before they may return to driving or performing safety-sensitive functions for the School Corporation, consistent with AG 4162A.

Employees who are removed from driving or performing safety-sensitive functions as a result of this policy must take and pass a return-to-duty test before returning to driving or performing safety-sensitive functions. The return-to-duty test will not occur until after a Substance Abuse Professional (SAP) has determined that the employee has successfully complied with prescribed education and/or treatment. The employee must have a negative drug test result and/or an alcohol test with an alcohol concentration of less than 0.02 before resuming driving or performing safety-sensitive duties.

Background checks also are to be conducted on all potential employees who will serve as drivers or perform safety-sensitive functions, or all current employees who desire to transition to serve as drivers or perform safety-sensitive functions, regarding history of drug and alcohol usage and tests during prior employment for DOT-regulated employers consistent with AG 4162A.

The Board directs the Superintendent to comply with DOT/Federal regulations requiring that the Board provide educational materials that explain the requirements of drug and alcohol testing according to Federal regulations and the Board’s policies and procedures for compliance with those regulations to school bus drivers and employees who perform safety-sensitive functions and any organization of these employees. After the initial distribution of materials to each driver and employee who performs safety-sensitive functions employed at the time of the distribution, the Superintendent or a designee shall see that each employee subsequently hired or transferred into one of these positions receives the materials required by this policy.

The materials to be provided to drivers and other employees who perform safety-sensitive functions pursuant to this policy shall include a detailed discussion of the following:

 

A.

the identity of the person designated by the Superintendent to answer employee questions about the materials

 
 

B.

the categories of drivers and employees who perform safety-sensitive functions who are subject to drug and alcohol testing

 
 

C.

sufficient information about the safety-sensitive functions performed by those employees to make clear what period of the employee’s work day the employee is subject to this policy

 

D.

specific information concerning employee conduct that is prohibited by this policy

 
 

E.

the circumstances under which an employee will be tested for alcohol and/or controlled substances, including post-accident testing

 
 

F.

the procedures that will be used to test for the presence of alcohol and controlled substances, protect the employee and the integrity of the testing process, safeguard the validity of the test results, and ensure that test procedures are attributed to the correct person, including post-accident information and procedures and instructions required by Federal regulations

 
 

G.

the requirement that an employee submit to alcohol and controlled substances tests administered in accordance with Federal regulations

 
 

H.

an explanation of what constitutes a refusal to submit to an alcohol or controlled substances test and the consequences of refusal to submit a sample

 
 

I.

the consequences for an employee found to have violated this policy, including the requirement that the driver be removed immediately from driving or performing any safety-sensitive function, and the procedures for seeking the assistance of substance abuse professionals and the return-to-duty process found in 40 C.F.R. 40.281 to 313

 
 

J.

the consequences for drivers and employees who perform safety-sensitive functions found to have an alcohol concentration of 0.02 or greater but less than 0.04

 
 

K.

information concerning the effects of alcohol and controlled substances use on an individual’s health, work, and personal life; signs and symptoms of an alcohol or a controlled substances problem (the driver’s or co-worker’s); and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to any employee assistance program and/or referral to the Superintendent

The Superintendent shall require each driver and employee who performs safety-sensitive functions to sign a statement certifying that he or she has received a copy of these materials described in this policy. The original of the certificate signed by the employee shall be maintained in a file on the employee or contractor. An employee required to sign a certificate certifying that he or she has received a copy of the materials described in this policy who refuses to sign the certificate shall not be permitted to drive or perform any safety sensitive function until the certificate required by this policy is signed.

The Superintendent 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. In addition, the Corporation shall provide a comprehensive drug-free awareness program as an ongoing educational effort to prevent and eliminate illegal drug use and controlled substance abuse.

The Superintendent shall submit, for Board approval, a contract with a certified laboratory to provide services for implementation of the Department of Transportation rules including the following services:

 

A.

testing of all first and second test urine samples

 
 

B.

clear and consistent communication with the Corporation’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

The Superintendent also shall propose that the Board select the agency or persons who will conduct the alcohol tests, provide the Corporation’s MRO, and the drug collection site(s) in accordance with the requirements of the law.

I.C. 20-27-5 (driver qualifications – transportation contracts)
I.C. 20-27-8 (driver standards)
49 C.F.R. Part 40 (drug and alcohol testing)
49 C.F.R. 40.85 (drugs to be tested for)
49 C.F.R. 382.107 (safety sensitive function defined)
49 C.F.R. 382.301 (pre-employment testing)
49 C.F.R. 382.303 (post-accident testing
49 C.F.R. 382.305 (random testing)
49 C.F.R. 382.307 (reasonable suspicion testing
49 C.F.R. 382.601 (employer obligation to promulgate a policy on the misuse of
alcohol and use of controlled substances)

Revised 9/16/13
Revised 8/20/18

© Neola 2018