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Personnel |
4112.43/4212.43/4312.43-AR |
DRUG AND ALCOHOL TESTING FOR DRIVERS
HOLDING
COMMERCIAL DRIVER LICENSE
School bus
drivers shall be subject to a drug and alcohol testing program that fulfills
the requirements of the Code of Federal Regulations. Title
49, Part 382.
Other persons
who drive vehicles which require the possession of a commerical
drivers license to operate are likewise subject to the
drug and alcohol testing program. (49 CFR 382.103)
Testing
procedures and facilities used for the tests shall conform with
the requirements of the Code of Federal Regulations. Title
49, Section 40 et seq.
Pre-Employment
Tests:
Tests shall
be conducted before the first time a driver performs any safety-sensitive
function for the district. (49 CFR 382.301)
Safety-sensitive
functions include all on-duty functions performed from the time a driver begins
work or is required to be ready to work until he/she is relieved from work and
all responsibility for performing work. It includes driving; waiting to be
dispatched; inspecting and servicing equipment; supervising, performing or
assisting in loading and unloading; repairing or obtaining and waiting for help
with a disabled vehicle; performing driver requirements related to accidents:
and performing any other work for the district or paid work for any other
entity. (49 CFR 382.107, 395.2)
The tests
shall be required of an applicant only after he/she has been offered the
position.
Exceptions
may be made for drivers who have had the alcohol test required by law within
the previous six months and participated in the drug testing program required
by law within the previous 30 days, provided that the district has been able to
make all verifications required by law. (49 CFR 382.301)
Post-Accident
Tests:
Alcohol and
controlled substance tests shall be conducted as soon after an accident as
practicable on any driver:
1.
Who
was performing safety-sensitive functions with respect to the vehicle, if the
accident involved loss of human life, or
1.
Who
receives a citation under state or local law for a moving traffic violation
arising from the accident. (49 CFR 382.303)
2.
Who
is involved in any vehicle accident in which there is damage to a vehicle or
emergency medical aid is necessary for any passenger.
Drivers shall
make themselves readily available for testing, absent the need for immediate
medical attention. (49 CFR 382.303)
No such
driver shall use alcohol for eight hours after the accident, or until after
he/she undergoes a post-accident alcohol test, whichever occurs first. (49 CFR
382.209)
If an alcohol
test is not administered within two hours or if a drug test is not administered
within 32 hours, the district shall prepare and maintain records explaining why
the test was not conducted. Tests will not be given if not administered within
eight hours after the accident for alcohol or within 32 hours for drugs.
Tests
conducted by authorized federal, state or local officials will fulfill
post-accident testing requirements provided they conform to applicable legal
requirements and are obtained by the district. Breath tests will validate only
the alcohol test and cannot be used to fulfill controlled substance testing
obligations. (49 CPR 382.303)
Random
Tests:
Tests shall
be conducted on a random basis at unannounced times throughout the year. Tests
for alcohol shall be conducted just before, during or just after the
performance of safety-sensitive functions. The number of random alcohol tests
annually must equal 25% of the average number of driver positions. The number
of random drug tests annually must equal 50% of the average number of driver
positions. Drivers shall be selected by a scientifically valid random process,
and each driver shall have an equal chance of being tested each time selections
are made. (49 CFR 382.305)
Reasonable
Suspicion Tests:
Tests shall
be conducted when a supervisor or district official trained in accordance with
law has reasonable suspicion that the driver has violated the district's
alcohol or drug prohibitions. This reasonable suspicion must be based on
specific, contemporaneous, articulable observations
concerning the driver's appearance, behavior, speech
or body odors. The observations may include indications of the chronic and
withdrawal effects of controlled substances. (49 CFR 382.307)
Alcohol tests
are authorized for reasonable suspicion only if the required observations are
made during, just before or just after the period of the work day when the
driver must comply with alcohol prohibitions. An alcohol test may not be
conducted by the person who determines that reasonable suspicion exists to
conduct such a test. If an alcohol test is not administered within two hours of
a determination of reasonable suspicion, the district shall prepare and
maintain a record explaining why this was not done. Attempts to conduct alcohol
tests shall terminate after eight hours. (49 CFR 382.30)
A supervisor
or district official who makes observations leading to a controlled substance
reasonable suspicion test shall make a written record of his/her observations
within 24 hours of the observed behavior or before the results of the drug test
are released, whichever is earlier. (49 CFR 382.307)
Enforcement:
Any driver
who refuses to submit to a post-accident, random, reasonable suspicion or
follow-up test shall not perform or continue to perform safety-sensitive
functions. (49 CFR 382.211)
Drivers who
test positive for alcohol or drugs shall be subject to disciplinary action up
to and including dismissal.
A driver who
violates district prohibitions related to drugs and alcohol shall receive from
the district the names, addresses and telephone numbers of substance abuse
professionals and counseling and treatment programs available to evaluate and
resolve drug and alcohol-related problems. The employee shall be evaluated by a
substance abuse professional who shall determine what help, if any, the driver
needs in resolving such a problem. Any substance abuse professional who
determines that a driver needs assistance shall not refer the driver to a
private practice, person or organization in which he/she has a financial
interest, except under circumstances allowed by law. (49 CFR 382.605)
An employee
identified as needing help in resolving a drug or alcohol problem shall be
evaluated by a substance abuse professional to determine that he/she has
properly followed the prescribed rehabilitation program and shall be subject to
unannounced follow-up tests after returning to duty. (49 CFR 382.605)
Return-to-Duty
Tests:
A drug or
alcohol test shall be conducted when a driver who has violated the district's
drug or alcohol prohibition returns to performing safety-sensitive duties. (49
CFR 382.309)
Employees whose
conduct involved drugs cannot return to duty in a safety-sensitive function
until the return-to-duty drug test produces a verified negative result. (49 CFR
382.605)
Employees
whose conduct involved alcohol cannot return to duty in a safety-sensitive function
until the return-to-duty alcohol test produces a verified result that meets
federal and district standards.
Follow-up
Tests:
A driver who
violates the district's drug or alcohol prohibition and is subsequently identified
by a substance abuse professional as needing assistance in resolving a drug or
alcohol problem shall be subject to unannounced follow-up testing as directed
by the substance abuse professional in accordance with law. Follow-up alcohol
testing shall be
conducted
just before, during or just after the time when the driver is performing
safety-sensitive functions. (49 CFR 382.311)
Records:
Employee drug
and alcohol test results and records shall be maintained under strict
confidentiality and released only in accordance with law. Upon written request,
a driver shall receive copies of any records pertaining to his/her use of drugs
or alcohol, including any records pertaining to his/her drug or alcohol tests.
Records shall be made available to a subsequent employer or other identified
persons only as expressly requested in writing by the driver. (49 CFR 382.405)
Notifications:
Each driver
shall receive educational materials that explain the requirements of the Code
of Federal Regulations, Title 49, Part 382, together with a copy of the
district's policy and regulations for meeting these requirements.
Representatives of employee organizations shall be notified of the availability
of this information. The information shall identify
1.
The
person designated by the district to answer driver questions about the
materials;
2.
The
categories of drivers who are subject to the Code of Federal Regulations, Title
49, Part 382;
3.
Sufficient
information about the safety-sensitive functions performed by drivers to make
clear what period of the work day the driver is required to comply with Part
382;
4.
Specific
information concerning driver conduct that is prohibited by Part 382;
5.
The
circumstances under which a driver will be tested for drugs and/or alcohol
under Part 382;
6.
The
procedures that will be used to test for the presence of drugs and alcohol,
protect the driver and the integrity of the testing processes, safeguard the
validity of test results and ensure that test results are attributed to the
correct driver;
7.
The
requirement that a driver submit to drug and alcohol tests administered in
accordance with Part 382;
8.
An
explanation of what constitutes a refusal to submit to a drug or alcohol test
and the attendant consequences;
9.
The
consequences for drivers found to have violated the drug and alcohol
prohibitions of Part 382, including the requirement that the driver be removed
immediately from safety-sensitive functions and the procedures for referral,
evaluation and treatment:
10. Information concerning the effects
of drugs and alcohol on an individual's health, work and personal life; signs
and symptoms of a drug or alcohol problem (the driver's or a co- worker's); and
available methods of intervening when a drug or alcohol problem is suspected,
including confrontation, referral to an employee assistance program and/or
referral to management. (49 CFR 382.601)
Drivers shall
also receive information about legal requirements, district policies and
disciplinary consequences related to the use of alcohol and drugs.
Each driver
shall sign a statement certifying that he/she has received a copy of the above
materials. (49 CFR 382.601)
Before any
driver operates a commercial motor vehicle, the district shall provide him/her
with post-accident procedures that will make it possible to comply with post-accident
testing requirements. (49 CFR 382.303)
Before drug
and alcohol tests are performed, the district shall inform drivers that the
tests are given pursuant to the Code of Federal Regulations, Title 49, Part 382. This notice shall be provided only after the
compliance date specified in law. (49 CFR 382.113)
The district
shall notify a driver of the results of a pre-employment drug test if the
driver requests such results within 60 calendar days of being notified of the
disposition of his/her employment application. (49 CFR 382.411)
The district
shall notify a driver of the results of random, reasonable suspicion and
post-accident drug tests if the test results are verified positive. The
district shall also tell the driver which controlled substance(s) was verified
as positive. (49 CFR 382.411)
Drivers shall
inform their supervisors if at any time they are using a controlled substance
which their physician has prescribed for therapeutic purposes. Such a substance
may be used only if the physician has advised the driver that it will not
adversely affect his/her ability to safely operate a commercial motor vehicle.
(49 CFR 382.213)
Approved
by:
|
Tim
VanEck |
|
James
O. Fleming |
|
|
Responsible
Division Head |
Date |
Superintendent |
Date |