| Shelbyville Central School Corporation |
| Bylaws & Policies |
4162 - DRUG AND ALCOHOL TESTING OF CDL LICENSE HOLDERS
The School Board 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 Corporation vehicles 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 employees' health and well-being.
Bus drivers are expected and required to be in suitable mental and physical condition while at work, performing their jobs satisfactorily and behaving appropriately. When the use of alcohol and other drugs interferes with such expectations, a driver's failure to meet these basic expectations will result in disciplinary actions.
This policy applies to all Shelbyville Central Schools Corporation employees who are required to hold a Commercial Drivers License (CDL) to perform their job function. The use, possession, sale, purchase or transfer of unauthorized or illegal drugs or substances, or the abuse or misuse of legal drugs on school property, while on school business or while operating school vehicles and equipment, is prohibited. Drinking alcoholic beverages resulting in having any measurable amount of alcohol in his/her system during working hours is prohibited, whether on or off school property. Working hours include all breaks. Off-duty use of drugs and alcohol is prohibited to the extent it effects a driver's attendance or performance and his/her ability to pass required DOT alcohol and controlled substance tests. Any violation of this policy is grounds for termination as a driver for the School Corporation and possible legal prosecution.
Since physician-directed use of drugs can affect behavior and performance, drivers are encouraged to advise their supervisors whenever they are taking drugs for medical reasons. When such use of drugs adversely affects job performance or safety, it is in the best interest of the driver, co-workers, and the School Corporation that the driver take sick or vacation days, or if necessary, unpaid leave in accord with the School Corporation's leave policies.
The Shelbyville Central Schools Corporation reserves the right to terminate any driver who violates the School Corporation's Drug and Alcohol Abuse Policy for CDL drivers. Employees who are convicted for alcohol or drug-related charges may be subject to School Corporation disciplinary action, up to and including termination.
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 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 prescriptions 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 Corporation vehicles. | |
| E. | The term CDL license holder means all regular and substitute bus drivers, other staff members who may drive students in Corporation vehicles or inspect, repair, and maintain Corporation vehilces. | |
| F. | The term while on duty means all time from the time the CDL license holder begins to work or is required to be in readiness for work until the time s/he is relived from work and all responsibility for performing work. |
The Board directs the Superintendent to establish a drug and alcohol testing program whereby each regular and substitute bus driver, as well as any other staff member who holds a CDL license, is tested for the presence of alcohol/or controlled substance in his/her system.
Such 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, and f.) on a follow-up basis.
Any staff member who tests positive shall be prohibited from driving any school vehicle and be referred to the Corporation's Employee Assistance Program.
Prior to the beginning of the testing program, the Corporation shall provide a drug-free awareness program which will inform each SUPPORT staff member about:
| A. | the dangers of illegal drug use and controlled substance and alcohol abuse; | |
| B. | Board Policy 4122.01 - Drug-Free Workplace, Policy 4161 - Unrequested Leaves of Absence, Policy 4170 - Substance Abuse, and Policy 4170.01 - Employee Assistance Program; | |
| C. | the sanctions that may be imposed for violations of Policy 4122.01. |
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.
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 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 to the Corporation, 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 Corporation's MRO, and the drug collection site(s) in accordance with the requirements of the law.
I.C. 20-27-5-13; 20-27-8-1 et seq.
49 C.F.R. 382.101 et seq.
49 C.F.R. Part 40
Adopted 6/95
Revised 12/11/07