| West Clermont Local School District |
| Administrative Guidelines |
4162A - MEMORANDUM TO CDL LICENSE HOLDERS REGARDING THE DISTRICT'S DRUG-TESTING PROGRAM
The purpose of the Board’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. (see Form 4162 F1)
The program will assist CDL license holders in understanding and avoiding the perils of illegal drug use and controlled substance abuse. The Board will provide a comprehensive drug-free awareness program as an ongoing educational effort to prevent and eliminate illegal drug use and controlled substance abuse. The drug-free awareness program will inform CDL license holders about:
| A. | the dangers of illegal drug use 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 the Appendix); | |
| C. | the availability of treatment and counseling for employees who voluntarily seek such assistance; | |
| D. | the sanctions the Board will impose for violations of its policies related to this program. |
Definitions
Please refer to page 1 of Board Policy 4162 for definitions of key terms used throughout this program.
District Coordinator
The Assistant Superintendent shall be the coordinator of the Board’s drug-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 drug abuse recognition and the Board's procedures for handling and assisting CDL license holders who are subject to the effects of illegal drug use or controlled substance abuse.
RULES RELATED TO THE DRUG-TESTING PROGRAM
All CDL license holders are expected to abide by Board policies related to drug use and drug testing as well as the following rules. Any violation will lead to disciplinary action up to and including termination of employment.
Possession/Use/Sale/Distribution
No CDL license holder shall possess, use, sell, or distribute alcohol or engage in illegal possession, use, sale, or distribution of drugs while on duty, operating a Board-owned and/or operated ("Board-owned")
vehicle, or performing a safety-sensitive function.Pre-Duty Use
No CDL license holder shall perform safety-sensitive functions nor operate a Board-owned vehicle within four (4) hours after using alcohol and shall not be currently involved in illegal use of drugs.
Use Following an Accident
No CDL license holder required by Federal law to take a post-accident alcohol test shall use alcohol for eight (8) hours following the accident, or until s/he undergoes a post-accident alcohol test, whichever occurs first.
Refusal to Submit to a Required Alcohol or Controlled Substances Test
No CDL license holder shall refuse to submit to a post-accident alcohol or controlled substances test, a random alcohol or controlled substances test, a reasonable suspicion alcohol or controlled substances test, or a follow-up alcohol or controlled substances test required by Federal law. The Board shall not permit a CDL license holder who refuses to submit to such tests to perform or continue to perform safety-sensitive functions or operate a District vehicle.
Controlled Substances Use
No CDL license holder shall report for duty or remain on duty when the CDL license holder uses any controlled substance, except when the use is prescribed by a physician who has advised the CDL license holder that the substance does not adversely affect the CDL license holder's ability to safely operate a Board-owned vehicle or perform safety-related functions.
Authorized Use of Prescribed Medicine
A staff member undergoing prescribed medical treatment with any drug or controlled substance that may impair his/her physical or mental ability should report this treatment to the Assistant Superintendent who will determine whether the Board 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 Board, in alcohol or other drug 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 Board 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 Drug Free Policy
In addition to any disciplinary action, the Board
may, in its sole discretion, refer the staff member to a treatment or counseling program for illegal drug use or controlled-substance abuse. CDL license holders referred to such a program by the Board must immediately cease any illegal drug use or controlled-substance abuse, must consent to unannounced testing, and must comply with all other conditions of the treatment or counseling program and disciplinary action. Appropriate Board representatives shall determine whether a staff member, referred for illegal drug use or controlled-substance abuse treatment or counseling, shall be reassigned to another available position.After successful completion of all requirements, the staff member-CDL license holder will again be subject to the testing program which applies to CDL license holders who are applying for employment.
TESTING FOR ALCOHOL AND CONTROLLED SUBSTANCES
The Board has established a testing program for alcohol, illegal drugs, and controlled-substances for all CDL license holders 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 Board 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 CDL license holders 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 Assistant Superintendent (), 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 Board’s policies and procedures and appropriate sections of the negotiated agreement. | |
| C. | The Board 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 CDL license holder and the integrity of the testing processes, safeguard the validity of the test results, and confirm the results are attributed to the correct staff member. | |
| E. | The Board, 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 Board 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 CDL license holder 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 CDL license holder 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 Board 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 CDL license holder has participated in a drug-testing program that meets Federal 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 CDL license holder 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 4162A F3 authorizing the release of the information from the previous testing to the District.
The Assistant Superintendent shall contact the alcohol and/or controlled substances testing program(s) in which the CDL license holder participated and obtain the following information:
| A. | name and address of the program | |
| B. | verification that the CDL license holder participated in the program | |
| C. | verification that the program conforms to Federal law | |
| D. | verification that the CDL license holder is qualified as described above and has not refused to be tested for alcohol or controlled substances | |
| E. | the date the CDL license holder was last tested for alcohol and controlled substances | |
| F. | the results of any tests taken within the previous six (6) months and any other use violations |
Post-Accident Testing
As soon as practicable following an accident involving a District vehicle, the District shall test for alcohol and controlled substances each surviving CDL license holder:
| A. | Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or | |
| B. | Who 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 Assistant Superintendent 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 FHWA upon request.
Drug Tests
If a test is not administered within thirty-two (32) hours following the accident, the Assistant Superintendent 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 FHWA upon request.
A CDL license holder who is subject to post-accident testing shall remain readily available for such testing or shall be deemed by the Board to have refused to submit to testing. The required testing shall not delay necessary medical attention for injured people following an accident or prohibit a CDL license holder 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 Board shall provide each CDL license holder with necessary post-accident information, procedures and instructions, prior to the CDL license holder operating a Board-owned vehicle.
Random Testing
Whenever a trained administrator has a reasonable suspicion that a CDL license holder has used illegal drugs or engaged in controlled-substance abuse, whether during working hours or nonworking hours, on or off Board-owned premises, the Board may require the staff member to submit a urine or other acceptable sample for testing, as prescribed by the Board.
Each year, twenty-five percent (25%) of the average number of CDL license holders shall be subject to random alcohol testing and fifty percent (50%) shall be subject to random drug testing.
The selection of CDL license holders for random alcohol and controlled substances testing shall be made by a scientifically valid method provided by the Board-selected drug-testing facility. Under the selection process used, each CDL license holder shall have an equal chance of being tested each time selections are made.
(If the Board conducts random testing for alcohol and/or controlled substances through a consortium, the number of CDL license holders to be tested may be calculated for each individual District or may be based on the total number of CDL license holders covered by the consortium.)
The Assistant Superintendent 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 CDL license holder 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.
A CDL license holder shall be tested for alcohol only while the CDL license holder is performing safety-sensitive functions, just before the CDL license holder is to perform safety-sensitive functions, or just after the CDL license holder has ceased performing such functions.
Reasonable Suspicion Testing
The District shall require a CDL license holder to submit to an alcohol test when the Assistant Superintendent has reasonable suspicion to believe that the CDL license holder is under the influence of alcohol or a controlled substance. Such reasonable suspicion must be based on specific, contemporaneous, articulatable observations concerning the appearance, behavior, speech, or body odors of the CDL license holder.
A CDL license holder may be directed by the Assistant Superintendent to undergo reasonable suspicion testing only while the CDL license holder is performing, just before s/he is to perform, or just after performing safety-sensitive functions or operating a District vehicle.
The time periods and record-keeping requirements for such testing are the same as those required for post-accident testing.
If the test results indicate that the CDL license holder is under the influence of or impaired by alcohol, the Board shall not permit the CDL license holder to continue to operate a Board-owned vehicle or perform safety-sensitive functions until an alcohol test is administered and the CDL license holder's alcohol concentration measures less than 0.02 or for twenty-four (24) hours after the test.
The Assistant Superintendent shall file a signed, written record of the observations leading to a controlled-substance, reasonable-suspicion test within twenty-four (24) hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier.
Return-to-duty Testing
The Assistant Superintendent shall ensure that, before a CDL license holder returns to duty after engaging in prohibited alcohol and/or controlled substance conduct, s/he undergoes a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 and a verified negative result for illegal drug use.
Follow-Up Testing
If the CDL license holder 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.
© Neola 2003