FILE: F-11.5b
ALCOHOL AND DRUG ABUSE AND TESTING -
COMMERCIAL DRIVERS’ LICENSE HOLDERS
The Central Community School Board, as a result of its responsibilities to its employees and to the public it serves, has a compelling obligation to eliminate illegal drug and alcohol use from its workplace. The School Board recognizes the increased risks and dangers when employees use drugs in the workplace. In an effort to provide a safe, healthful, and productive work environment, the School Board shall act to establish a drug and alcohol policy for all drivers of a district-owned vehicle or a contract vehicle, whether employed part-time or full-time. It is the intent of this policy to comply with current Federal and State statutes, and U.S. Department of Transportation regulations concerning drugs in the workplace and drug-testing of employees.
APPLICATION
This policy shall apply to all present and future full or part time drivers, driver applicants, contract drivers, volunteers, and auxiliary personnel employed by or representing the School Board when driving a School Board vehicle or while driving on School Board business. The School Board requires compliance with this policy as a condition of employment, continued employment, and continuation of contractual agreements with the School Board in the capacity of a driver. The School Board shall pay the costs of any alcohol or drug tests that it may require.
The terms of this policy shall apply to all School Board property including but not limited to School Board land, offices, buildings, structures, installations, work locations, and all fixtures, machinery, and equipment herein. This policy shall also apply to all owned, leased, or used automobiles, trucks, vehicles, equipment, or other transportation used at or while traveling to and from School Board property during the performance of any School Board business. The term employee in this policy shall refer to anyone who drives a vehicle owned or contracted by the Central Community School Board.
DEFINITIONS
Alcohol means the intoxicating agent in beverage alcohol, alcohol, or other low molecular weight alcohols, including methyl and isopropyl alcohol.
Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test.
Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.
Covered vehicle means a motor vehicle, including any school bus and other vehicles, as defined by law and federal regulations, the operation of which requires a driver with a commercial drivers license (CDL).
Controlled substance is any drug identified in the Schedule of Controlled Substances in state or federal law as a Schedule I drug or an amphetamine, narcotic, or other habit forming drug. It also includes, but is not limited to, marijuana (THC), cocaine, opiates, opium derivatives, hallucinogenic substances, depressants, stimulates, amphetamines, and phencyclidine (PCP).
Confirmation test for alcohol testing means a second test, following a screening test with a result of 0.02 or greater that provides quantitative data of alcohol concentration. For controlled substances testing, a confirmation test means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to insure reliability and accuracy.
Screening Test (also known as Initial Test) in alcohol testing means an analytical procedure (Breath Alcohol Test) to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means an immunoassay screen to eliminate "negative" urine specimens from further consideration.
Alcohol Use and Possession
No driver shall report for duty or remain on duty to operate a school bus or other covered vehicle while having an alcohol concentration of 0.04 or greater. No driver shall be on duty or operate a school bus or other covered commercial motor vehicle while the driver possesses alcohol. No driver shall operate a school bus or other covered vehicle within four (4) hours after using alcohol. No driver required to take a post-accident alcohol test shall consume alcohol for eight (8) hours following the accident or until he/she undergoes a post accident alcohol test, whichever occurs first. Any violation of this policy may result in discipline up to and including termination.
Controlled Substance Use Prohibited
No driver shall report for duty or remain on duty when the driver is using a Schedule I drug on the Schedule of Controlled Substances listed in state or federal law or an amphetamine, narcotic, or any other habit-forming drug. The schedule of drugs includes, but is not limited to, opiates, opium derivatives, hallucinogenic substances, depressants, and stimulants. The driver shall not consume any of these controlled substances while off duty or on duty. Any violation of this policy may result in discipline up to and including termination.
A driver may use a substance administered by or under the instruction or supervision of a licensed physician who has advised the driver that the substance will not affect the driver's ability to safely operate a motor vehicle. The driver must furnish written evidence of the doctor's prescription to his/her supervisor prior to operating any covered vehicle. No driver shall respond to work or drive while taking medication prescribed by a licensed physician that will impair that driver’s ability to safely operate a motor vehicle.
Impaired means under the influence of a substance so that the driver's motor senses -- i.e., sight, hearing, balance, reaction, reflex, or judgment -- either are or may be presumed to be affected. Any violation of the policy may result in discipline up to and including termination.
Refusal to Submit to a Required Alcohol or Controlled Substance Test
Any driver who refuses to submit to a post-accident alcohol or controlled substance test required under this policy, a random alcohol or controlled substances test when required, a reasonable suspicion of alcohol or controlled substance test, or a follow-up alcohol or controlled substance test shall be immediately suspended without pay pending discipline, including possible termination.
Possession Prohibited
No driver at any work site shall possess any controlled substance, lawful or unlawful, which could result in impaired performance, with the exception of substances administered by or under the instructions of a licensed physician. Work site means any motor vehicle, office, building, yard, or other property operated by the Central Community School Board, or any other location at which the driver is to perform work for the School Board. Possess means to have either in or on the driver's person, personal effects, motor vehicle, or areas substantially entrusted to the driver's control. Any violation of this policy may result in discipline up to and including termination.
Controlled Substance Test Results
No driver shall report for duty, remain on duty or drive a vehicle if the driver tests positive for any controlled substance. The driver will be suspended without pay.
ENFORCEMENT
In order to accomplish the objectives of this policy, the School Board reserves the right, at all times and in any work area, when circumstances warrant or reasonable cause exists, to conduct unannounced reasonable searches and inspections of School Board facilities. These searches shall be conducted by authorized supervisors or search personnel, including drug detection dogs. The areas open to search include but are not limited to lockers, briefcases, desks, boxes, lunch boxes, tool chests, vehicles, and other employee's personal effects.
The School Board also reserves the right, in certain circumstances, to require employees to submit to medical or physical examinations or tests. These procedures may be required at any time as a condition of employment or continued employment. The procedures used may include, but are not limited to, urine drug tests, blood alcohol tests, breathalizer tests, or other medical examination to determine the use of any substance prohibited by this policy or to determine satisfactory fitness for duty. The tests may be announced or unannounced and may be utilized under the following circumstances:
Pre-Employment Testing. Prior to assuming a driving
position, all applicants shall be subject to testing for alcohol and
controlled substances that complies with pertinent federal regulations. Refusal
to submit to screening shall make it impossible to medically qualify
the applicant, and the applicant cannot be employed as a driver.
Post-Accident Testing. After any accident involving
a covered vehicle, driver shall be tested for alcohol and controlled
substances if the accident involved the loss of human life, bodily
injury, property damage, or a driver receives a citation under state
or local law for a moving traffic violation arising from the accident.
Alcohol tests should be administered within two (2) hours following
the accident but not more than eight (8) hours following the accident. A
controlled substance test is required to be administered within thirty-two
(32) hours following the accident. A driver who is subject
to a post-accident testing shall remain readily available for such
testing or may be deemed to have refused to submit to testing. A
refusal to submit to testing may result in discipline up to and including
termination.
Random Testing. Random alcohol and/or controlled
substance testing may be used to detect and prevent substance abuse
by employees. The selection of drivers for the random alcohol
and controlled substance testing shall be made utilizing a random
numbered table of a computer based random number generator that is
matched with drivers' social security numbers. The procedures
for the random testing shall be conducted in accordance with applicable
federal regulations.
Reasonable Suspicion Testing. When a supervisor or
other supervisory personnel who is trained in accordance with applicable
federal regulations, based upon the required observations for alcohol
and/or controlled substances formed reasonable suspicion to conduct
an alcohol test or a controlled substance test. The observations
and tests shall be conducted in accordance with applicable federal
regulations.
Return to Duty Testing. Prior to returning to duty
after engaging in conduct prohibited by this policy, the driver shall
undergo a return to duty alcohol test with a result indicating an
alcohol concentration of less than 0.02 and/or a controlled substance
test with a result indicating a verified negative results for controlled
substance use.
Follow-up Testing. If determined that a driver is
in need of special assistance in resolving problems associated with
alcohol misuse and/or use of controlled substances, such driver is
subject to unannounced follow-up alcohol and/or controlled substance
testing as directed by a substance abuse professional in accordance
with the provisions of applicable federal regulations.
Other Alcohol-Related Conduct. If a driver is tested
as provided in this policy and found to have an alcohol concentration
of 0.02 or greater but less than 0.04, such driver shall be prohibited
from returning to duty and operating any covered motor vehicle until
the start of the driver's next regularly scheduled duty period, but
not less than twenty-four (24) hours following administration of the
test.
Compliance with Federal Regulations. All procedures for any testing shall conform to federal regulations.
Test Results
Test results shall be reviewed to determine whether there is
an indication of alcohol misuse or controlled substance use. The
results are confidential. The School Board's designated
Medical Review Officer (MRO) shall be the custodian of the
individual test results. The Medical Review Officer shall furnish
a report of the test results to the Supervisor of Human Resources. All
test results, reporting information and record retention shall be
in accordance with pertinent federal regulations.
Any employee who has a confirmed positive test for a controlled substance may request an analysis of the split specimen at the employee's expense and if requested within seventy-two (72) hours of having been informed by the MRO of a verified positive test.
Evaluation and Rehabilitation
Whenever a driver is found to have alcohol concentration greater than 0.04 or a controlled substance testing with positive urine specimens, the driver shall be subject to appropriate disciplinary action including termination, with the driver being suspended without pay pending such action. If an employee provides an evaluation of a substance abuse professional that prescribes a rehabilitation program to resolve problems associated with alcohol misuse and/or controlled substance abuse, then the employee status may be changed to suspension with pay. During such period, the employee shall be required to utilize accumulated sick leave for the period of rehabilitation. However, if the employee has exhausted his/her accumulated sick leave, the employee may be granted additional sick leave not to exceed thirty (30) days. Prior to return to duty, the employee shall be required to complete the return to duty testing and be subject to follow-up testing to consist of at least six (6) tests in the first twelve (12) months following the driver's return to duty.
If the driver tests positive for non-prescribed use of illegal or controlled illegal substances, then the driver shall be immediately terminated.
If the driver tests positive for any other controlled substance that requires a prescription and the driver is not taking the drug pursuant to the prescription, then the driver shall be suspended without pay for a period of seven (7) calendar days or the period of time medically necessary for the body to no longer test positive for the drug or controlled substance, whichever is longer. In order for the driver to return to work, he or she shall be retested at the end of the suspension period. If the test result is positive, the driver’s suspension period shall be converted to termination. If the test result is negative, then the driver shall be able to return to work. The School Board shall thereafter have the driver tested regularly for drug and alcohol abuse during the driver’s remaining employment tenure with the School Board. In the event a second positive reading for any drugs on any test within one (1) year after the driver returns to work, the bus driver shall be terminated.
If marijuana or any other controlled substance is found in the driver’s vehicle as a result of a search occasioned by the use of undercover agents or other appropriate means, the employee shall be terminated.
If alcoholic beverages, marijuana, or other controlled substances are found in any driver’s locker, lunch box, or similar container, or on the driver as a result of a search occasioned by reasonable suspicion, then the driver shall be terminated.
Ref: 49 USC 5331 (The Omnibus Transportation Employee Testing Act of 1991)
49 CFR 10 (Maintenance of and Access to Records Pertaining to Individuals)
49 CFR 40.1 et seq. (Procedures For Transportation Workplace Drug and Alcohol Testing Programs)
49 CFR 382 (Controlled Substances and Alcohol Use and Testing)
49 CFR 391 (Qualifications of Drivers and Longer Combination Vehicle Driver Instructors)
La. Rev. Stat. Ann. §§17:81, 23:897, 23:1081, 23:1601, 49:1001, 49:1002, 49:1005, 49:1011, 49:1012, 49:1015
Central Community School Board