The Board of Education recognizes the dangers inherent in alcohol and controlled substance use by employees especially those in safety-sensitive positions. To provide for the safety of its students and to comply with federal regulations, the Board requires alcohol and controlled substance testing of school bus drivers and other covered employees (i.e., those in “safety-sensitive” positions).

In accordance with federal regulations, employees in safety-sensitive positions are those who are required to have and use a commercial drivers’ license (CDL) and operate commercial motor vehicles.  These employees are subject to random testing for alcohol, marijuana, cocaine, amphetamines, opiates (including heroin), and phencyclidine (PCP). The District shall adhere to federal law and regulations requiring the implementation of a drug and alcohol testing program for all such employees.

The District shall either establish and manage its own program, by contract, or through a consortium for the provision of alcohol and drug testing of employees in safety-sensitive positions.

Federal regulations require that school bus drivers and other safety-sensitive employees (SSEs) be tested for alcohol and/or drugs as prescribed in the federal law and regulations at the following times: pre-employment, randomly, when reasonable suspicion of prohibited use exists, post-accident, return-to-duty and follow-up testing.

All employee drug and alcohol testing will be kept confidential and shall only be revealed without the driver's consent to the employer, a substance abuse professional, drug testing laboratory, medical review officer and any other individual designated by law.

In accordance with federal and state law, a bus driver will not be permitted to drive or perform safety-sensitive functions if he or she:

         a)      Possesses, consumes or is reasonably believed to possess or have consumed alcohol or a controlled substance, while on duty;

         b)      Uses or is under the influence of alcohol or a controlled substance within six hours or less before duty;

         c)      Has an alcohol concentration of anything other than 0.00, or tests positive for a controlled substance; or

         d)      Refuses to take a required alcohol or controlled substance clearing house test.

Also, no driver shall use alcohol after being involved in an accident in which there was a fatality or in which the bus driver was cited for a moving violation and a vehicle was towed from the scene or an injury was treated away from the scene until he/she has been tested or 8 hours have passed, whichever occurs first.

Any employee who is tested and found to have an alcohol concentration of anything other than 0.00, shall be removed from the position until his/her next regularly scheduled duty period, but not less than 24 hours following administration of the test. Any employee found to have violated this requirement may be disciplined in accordance with the provisions of the applicable collective bargaining agreement, District policy, and/or law.

If a driver has an alcohol concentration of anything other than 0.00, or has engaged in prohibited alcohol or controlled substance use, he/she will be removed from driving duties, and referred to a substance abuse professional. The employee may be required to complete a treatment program and/or be disciplined pursuant to District policy and/or collective bargaining treatment program and/or be disciplined pursuant to District policy and/or collective bargaining agreement. No driver who has abused controlled substances and/or alcohol may return to duty unless he/she has successfully passed a required return to duty test. However, the District reserves the right to suspend the driver pending abuse clearance. Thereafter, the driver will be subject to follow-up testing.

Should the District receive a dilute test result in which the creatinine concentration is greater than 5mg/dL in the case of any pre-employment, return-to-duty, follow-up, reasonable suspicion, or random test, it is the policy of the District that the individual shall be re-tested and that re-test will become the test of record.

The Superintendent of Schools shall provide a copy of this policy, the District's policy on misuse of alcohol and use of controlled substances, information on alcohol and drug abuse and treatment resources and any other information prescribed by federal regulations to all school bus drivers and other appropriate personnel prior to the initiation of the testing program and to each driver subsequently hired or transferred to a position subject to testing.

 Omnibus Transportation Employee Testing Act of 1991 (Public Law 102-143) 49 United States Code (USC)

Sections 31136 and 31306

49 Code of Federal Regulations (CFR) Parts 40, 172, 382, 383, 391, 392 and 395