EMPLOYEE ALCOHOL
AND DRUG TESTING
FILE: GBEBB
Critical
The Seneca R-VII School District, which contracts with an outside agency for some student transportation services of the district, will only contract with an agency that follows the guidelines of the Omnibus Transportation Employee Testing Act and complies with state reporting requirements. In meeting these guidelines the agency must provide a comprehensive program that includes conducting pre-employment drug testing and reasonable suspicion, random and post-accident testing for use of alcohol or drugs by operators of commercial motor vehicles, notifying such operators of the requirements and consequences of the program, and maintaining appropriate records. The contract between the agency and the district will specify this condition.
The Seneca R-VII School District, which also employs operators of commercial motor vehicles, is required to implement a drug and alcohol testing program for applicable employees that fulfills federal requirements. This comprehensive program shall include conducting pre-employment drug testing and reasonable suspicion, random and post-accident testing for use of alcohol or drugs by such operators, notifying employees of the requirements and consequences of the program, maintaining appropriate records and complying with Missouri Department of Revenue's reporting requirements.
Definitions
For the purposes of this policy, the following terms are defined:
Driver -- any person who operates a commercial motor vehicle. This includes full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operated contractors.
Safety-Sensitive Function -- includes such responsibilities as time on duty waiting to be dispatched, driving time, assisting or supervising loading or unloading, repairing, obtaining assistance or remaining in attendance upon a disabled vehicle. All time spent providing drug and alcohol samples, including travel time to and from the collection or testing site as needed to comply with random, reasonable suspicion, post-accident or follow-up testing will also be considered as safety-sensitive functions.
Alcohol -- Intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl and isopropyl alcohol.
Drug -- Any controlled substance listed under section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) as specified by the administrator of the federal department of transportation.
Medical Review Officer -- A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program who meets the qualifications as listed in 49 C.F.R. 40.3.
Substance Abuse Professional -- A licensed physician or certified psychologist, social worker, employee assistance professional or certified addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders.
Program Coordinator
The Board shall designate the superintendent or designee as the program coordinator to implement the alcohol and drug testing program of the district within the guidelines of this policy.
Testing Procedures
The employer shall follow the federal guidelines and standards of the Department of Health and Human Services regarding testing and laboratory procedures. This shall include selection of sites with appropriately trained personnel for alcohol and drug testing, selection of a laboratory certified by the Department of Health and Human Services to conduct drug specimen analysis, and selection of a Medical Review Officer to verify laboratory drug test results. The drug and alcohol testing program of an employer shall provide individual privacy in the collection of specimen samples to the maximum extent possible. The specimen collection procedures and chain of custody shall ensure that specimen security, proper identification and integrity are not compromised.
Alcohol and Drug Prohibitions
No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol. No driver shall use alcohol while performing safety-sensitive functions. No driver shall perform safety-sensitive functions within four hours after using alcohol. No driver required to take a post-accident test shall use alcohol for eight hours following the accident or until he/she undergoes a post accident alcohol test (whichever comes first).
No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any drug, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely perform the function. The driver will inform the employer of any therapeutic drug use. No driver shall report for duty, remain on duty or perform a safety-sensitive function if the driver tests positive for drugs.
Pre-Employment Tests
A drug test shall be administered in accordance with federal regulations before any bus driver is permitted to perform a safety-sensitive function for the district. Testing of drivers the district intends to hire or use shall be conducted before actual employment commences. Refusal to submit to drug testing and/or refusal to release information as required by the district shall remove the applicant from employment consideration. Such testing will also be required of any employee transferring into a covered position.
Exceptions may be made for drivers who have participated in the drug testing program required by law within the previous 30 days, or participated in a random selection program for the previous 12 months, provided that the district has been able to make all verifications required by law.
Post-Accident Tests
Alcohol and drug tests shall be conducted on a driver as soon as practicable after any accident if such driver:
< Was performing safety-sensitive functions with respect to the vehicle and the accident involved loss of human life; or
< Receives a citation under state or local law for a moving traffic violation arising from the accident, if the accident involved bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
< Receives a citation under state or local law for a moving traffic violation arising from the accident, if one (1) or more motor vehicles incurs disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.
All post-accident alcohol and drug testing shall be conducted within the required time periods. If a test is not conducted within the appropriate period then the test will not be given, and the program coordinator shall prepare and maintain a file documenting the reasons the test was not promptly administered.
Post accident testing requirements may be fulfilled by properly administered tests conducted by federal, state and/or local law enforcement officials as long as the results of those tests are provided to the district.
Random Testing
Alcohol and drug testing shall be conducted on a random basis at unannounced times throughout the year in accordance with federal regulations. Tests for alcohol shall be conducted just before, during or just after the performance of safety-sensitive functions. 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.
Reasonable Suspicion Tests
Any qualified supervisor or district administrator who has reasonable suspicion to believe that a bus driver has violated the alcohol or drug prohibitions of the district shall require the driver to submit to the appropriate testing. A qualified supervisor or administrator must be an employee who has been properly trained, in accordance with federal regulations, to make a determination that reasonable suspicion exists. Reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of drugs.
Alcohol testing is authorized for reasonable suspicion only if the required observations are made just before, during 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 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, and the district will state in the record the reasons for not administering the test.
Drug testing shall include documentation by a qualified supervisor or district administrator who makes a finding of reasonable suspicion. He or she shall create and sign a written record of his or her observations leading to a reasonable suspicion drug test within 24 hours of the observed behavior or before the results of the test are released, whichever is earlier.
Return-to-Duty Tests
An alcohol or drug test shall be conducted when a driver who has violated the district's alcohol or drug prohibition returns to performing safety-sensitive duties.
Employees whose conduct involved alcohol cannot return to duty in a safety-sensitive function until the return-to-duty test produces a verified result that meets federal and district standards.
Employees whose conduct involved drugs cannot return to duty in a safety-sensitive function until the return-to-duty test produces a verified negative result.
Follow-up Tests
A driver who violates the district's alcohol or drug prohibition and is subsequently identified by a substance abuse professional as needing assistance in resolving an alcohol or drug 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.
Refusal to Submit to Tests
No driver shall refuse to submit to any of the tests. An employee refuses to submit when he or she fails to provide adequate breath or urine for testing when notified of the need to do so, or who engages in conduct that clearly obstructs the testing process. Such refusal is treated as if the district received a positive test.
Consequences
Employees whose conduct involved alcohol or drugs cannot return to duty in a safety-sensitive function until the return-to-duty test produces the required result. A driver who is tested and found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall not perform or continue to perform safety-sensitive functions until the start of the driver's next regularly scheduled duty period but not less than 24 hours after the test was administered. Further employment actions up to and including termination may be instigated in accordance with the Drug Free Workplace Act of 1988 (P.L. 101-226) and other state and federal laws.
The program coordinator shall notify the director of the Missouri Department of Revenue of any driver who has failed to pass any drug, alcohol or chemical test administered pursuant to this policy. Notification shall consist of the driver's name and any other relevant information required by the director of the Missouri Department of Revenue. Such notification shall be made within ten (10) days of discovering that the driver has failed to pass such test(s).
Rehabilitation
An employer shall provide for the identification and opportunity for treatment of covered employees who are determined to have used, in violation of federal law or regulations, alcohol or drugs. This information shall include the names, addresses and telephone numbers of substance abuse professionals and counseling and treatment programs.
Employee Records
Employees' alcohol and drug 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 or her use of alcohol or drugs, including any records pertaining to his or her tests. Records shall be made available to a subsequent employer or other identified persons only as expressly requested in writing by the driver. Test records shall be maintained with the separate medical files of each employee.
District Records and Reports
The district shall maintain records and reports of its alcohol and drug prevention program as required by federal law in 49 C.F.R. 382.401, .403.
Notification to Employees
The district shall provide educational materials that explain the general requirements and district's policies and procedures. The program coordinator shall ensure that all covered employees receive written materials explaining the district's drug and alcohol misuse prevention program requirements including:
1. Identity of the program coordinator, a contact person knowledgeable about the materials, policy, administrative procedures and the Omnibus Act;
2. Categories of employees covered;
3. Information about the safety-sensitive functions and what period of the work day the employee is required to be in compliance;
4. Specific information concerning prohibited conduct;
5. Circumstances under which employees will be tested;
6. Procedures used in the testing process;
7. Requirement that driver submit to alcohol and drug test administered in accordance with federal law;
8. Explanation of what constitutes a refusal to submit to a drug and/or alcohol test;
9. Consequences of violations (e.g. discipline up to and including dismissal, removal from safety sensitive functions as required by the Omnibus Act, referral to substance abuse professional for evaluation, treatment and follow-up testing as required);
10. Consequences of drivers found to have an alcohol concentration of 0.02 or greater, but less than 0.04;
11. Information on the effects of drug use and alcohol misuse on personal life, health and safety in the workplace.
Employees shall sign statements certifying that they have received the materials.
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Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information. |
Revised:
Cross Refs: ACB, Nondiscrimination on the Basis of Disability
EEACA, Bus Driver Examination and Training
GBE, Staff Health and Safety
GBEBA, Drug-Free Workplace
Legal Refs: P.L. 102-143, Omnibus Transportation Employee Testing Act of 1991
Controlled Substances Act §102(6), 21 U.S.C. 802(6)
49 C.F.R. 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs
49 C.F.R. 382, Controlled Substances & Alcohol Use and Testing
Seneca R-VII School District, Seneca, Missouri
© 2000, Missouri School Boards'
Association, Registered in U.S. Copyright Office
For
Office Use Only: GBEBB-C.4E (1/99)