BOARD POLICY 4256
Ironton City School
District
Pupil Transportation
School Bus Drivers Alcohol and Drug Testing
IRONTON CITY LOCAL
SCHOOL DISTRICT
SCHOOL BUS
DRIVERS
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ALCOHOL AND CONTROLLED SUBSTANCE POLICY AND PROCEDURES
TABLE OF CONTENTS
TOPICS PAGE
1. Definitions . 5-7
2. Applicability .. 9
3. Implementation . 9
4. Prohibited Alcohol and Controlled
Substance-Related Conduct Covered
by 49 CFR Parts 382.201 through 382.215 ... 9-10
5. Substances to be Tested . 10
6. Split Sample Testing .. 10
7. Pre-Employment Alcohol and Controlled
Substance Testing 10
8. Post-Accident Testing .. 10
9. Drivers Responsibility 11
10. Districts Responsibility ... 11
11. Random Alcohol Testing . 11
12. Consortia . 11-12
13. Bus Contractors .. 12
14. Alcohol Testing Rate . 12
15. Random Controlled Substance Testing . 12-13
16. Consortia 13
17. Bus Contractors . 13
18. Controlled Substance Testing Rate 13
19. Reasonable Suspicion Alcohol and Controlled Substance Testing .. 13
20. Supervisor Training .. 13
21. Alcohol . 13-14
22. Records 14-15
23. Retention of Records ... 14-15
24. Location of Records .. 15
25. Annual Calendar Year Summary 16
26. Management Information System .. 16
27. Medical Review Officers Notification of Test Results and Retention of Records .. 16
28. District Notification .. 16
29. Employee Notification . 16-17
30. Record Retention . 17
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31. Consequences to Persons Engaging in Conduct Prohibited by the FHWA 17
32. Ironton City Local District Bus Driver Drug and Alcohol Policy Requirements 17-18
33. Reservation of Rights . 18
34. Forms
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F1(a) - F1(c) FHWA Drug and Alcohol Testing MIS Data Collection Form No. 2125 0543
F2(a) - F2(b) Driver Program Participation Verification Release and Random Forms
F3 Random Testing Documentation Form
F4 Controlled Substance Test Results
F5 Controlled Substance Test Results Notification Form
F6 Annual Summary of Controlled Substance Testing Form
F7 Observe Behavior Reasonable Cause Form
F8 Work Behavior Documentation
F9 Certification of Training (Controlled Substances)
F10 Certification of Training (Alcohol Misuse)
F11(a) F11(c) Certification of Training (Controlled Substances) Employees Trained
F12(a) F12(c) Certification of Training (Alcohol Misuse) Employees Trained
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SCHOOL BUS DRIVERS ALCOHOL AND DRUG TESTING POLICY
PUPIL TRANSPORTATION
LAWRENCE COUNTY BOARD OF EDUCATION
DEFINITIONS
Drugs refers to controlled substances as prohibited by the Omnibus Act,
including but not limited to, marijuana, cocaine, opiates, amphetamines, and
phecyclidine (PCP).
Alcohol refers to the intoxicating agent in beverage alcohol, ethyl alcohol, or
other low molecular weight alcohols, including but not limited to, methyl and
isopropyl. Alcohol use includes the consumption of any beverage, mixture, or
preparation, including any medication containing alcohol.
USE PROHIBITED
All employees subject to commercial drivers license (CDL)
requirements shall be prohibited from:
1. The use of drugs, unless a written prescription from a licensed doctor
or osteopath is provided.
NOTE: Prescription Drugs: The DOT/FHWA regulations do not prohibit
drivers from taking prescription drugs under the guidance of a physician
in the course of medical treatment. However, a driver must report to
their immediate supervisor the use of any prescription drugs that may
impact
the safe performance of his or her safety-sensitive functions. A
driver
must ask his or her physician whether the use of the prescription
drug
may adversely affect his or her ability to perform safety-sensitive
functions
(written on bottle).
2. The use of alcohol:
a. While on duty;
b. Four (4) hours before driving;
c. Eight (8) hours following an accident; or
d. Consumption resulting in prohibited levels of alcohol in the system.
TESTING
All covered applicants and employees shall be subject to pre-employment,
pre-duty, and alcohol testing, including reasonable suspicion,
random, and post-accident testing. Return-to-duty and follow-up
testing shall also be required.
All offers of employment with the District shall be made contingent
upon testing results. An applicant who tests positive shall not be
employed.
Applicants who refuse drug and alcohol testing shall be terminated
immediately from employment consideration.
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Current employees who test positive shall be subject to immediate
disciplinary action up to and including dismissal in accordance with
Board Policy and administrative procedures. Employees who test
positive shall be notified of referral services. Additionally, employees
shall be subject to CDL prohibitions and penalties under the Omnibus
Act and applicable Federal Motor Carrier Safety Regulations.
Current employees who refuse to comply with testing requirements will
be regarded as testing positive.
TESTING COSTS Pre-employment drug and alcohol testing shall be paid for by the
District. All Current employees drug and alcohol testing including
reasonable suspicion, random, and post-accident testing cost shall
be paid by the District.
If a confirmation test is conducted, all testing costs associated with said
confirmation test will be paid by the tested employee.
REFERENCES The Alcohol and Drug Testing Policy and Procedures were promulgated
pursuant to the Federal Highway Administrations final rule on alcohol
and controlled substances testing of commercial motor-vehicle drivers,
as amended in 59 Federal Register 7484 issued February 15, 1994
(49 CFR Part 382).
All employees subject to this policy remain subject to all other policies
regarding the use of and/or possession of alcohol and controlled substances
in the workplace. These employees also remain subject to all other
relevant Federal, State, and local laws and regulations, including the
Driver Disqualifications and Penalties (49 CFR Parts 383 and 391).
All alcohol and controlled substance testing procedures will be
conducted in accordance with the Department of Transportations
Workplace Drug and Alcohol Testing Programs, as amended in 59
Federal Register 7340, issued on February 15, 1994 (49 CFR Part 40).
ALCOHOL USE The consumption of any beverage, mixture, or preparation, including
any medication containing alcohol.
BREATH ALCOHOL TECHNICIAN (BAT) An individual who instructs and assists individuals
in the alcohol testing process and operates an Evidential Breath Testing Device (EBT).
COMMERCIAL MOTOR VEHICLE (CMV) A motor vehicle or combination of motor vehicles
used in commerce to transport passengers or property if the motor vehicle:
(1) has a gross combination weight of 26,001 or more pounds inclusive of a
towed unit with a gross vehicle weight rating of more than 10,000 pounds;
(2) has a gross vehicle weight rating of 26,001 or more pounds;
(3) is designated to transport 16 or more passengers, including the driver; or
(4) is of any size and is used in the transportation of hazardous materials
requiring placards.
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CONFIRMATION TEST - For alcohol, confirmation 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, confirmation testing 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 ensure reliability and accuracy.
DRIVER - Any person who operates a commercial vehicle for the purpose of pre-employment
Testing. The term driver includes a person applying to drive a commercial motor vehicle.
EMPLOYER Any person (including the United States, a State, the District of Columbia, or a
political subdivision of a State) who owns, leases a commercial motor vehicle or assigns
persons to operate such a vehicle, including agents, officers, and representatives of the
employer.
EVIDENTIAL BREATH TESTING DEVICE (EBT) A device approved by the National Highway
Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on
NHTSAs Conforming Products List of Evidential Breath Devices (CPL).
MEDICAL REVIEW OFFICER (MRO) A licensed physician (Medical Doctor or Doctor of
Osteopathy) responsible for receiving laboratory results generated by an employers drug
testing program who has knowledge of substance abuse disorders and has appropriate
medical training to interpret and evaluate an individuals confirmed positive test result together with
his or her medical history and any other relevant biomedical information.
PERFORMING (A SAFETY-SENSITIVE FUNCTION) Any period in which the driver is actually performing, ready to perform or immediately able to perform any safety-sensitive function.
REFUSAL TO SUBMIT (TO AN ALCOHOL OR CONTROLLED SUBSTANCE TEST)
A driver; (1) fails to provide adequate breath for testing without a valid medical explanation
after he or she has received notice of the requirement for breath testing; (2) fails to provide
adequate urine for controlled substance testing without a valid medical explanation after he or
she has received notice of the requirement for urine testing; or (3) engages in conduct that
clearly obstructs the testing process.
SAFETY-SENSITIVE FUNCTION Any of those on-duty functions set forth in 395.2 On-Duty
Time, paragraphs (1) through (7) as listed below.
(1)
All time at a district school, terminal,
facility, or other property, waiting to
be
dispatched, unless the driver
has been released from duty by the district.
(2)
All
time inspecting equipment as required by the Federal Motor Carrier Safety
Regulations (FMCSRs) or
otherwise inspecting, servicing, or conditioning any
commercial motor vehicle at
any time.
(3)
All
time spent at the driving controls of a commercial motor vehicle.
(4)
All
time, other than driving time, spent on or in a commercial motor vehicle.
(5)
All
time loading and unloading a commercial vehicle, supervising or assisting
in the loading or unloading,
attending a vehicle being loaded or unloaded,
remaining in readiness to
operate the vehicle.
(6)
All
time spent performing the driver requirements associated with an accident.
(7)
All
time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
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SCREENING TEST (AKA INITIAL TEST) In alcohol testing it means an analytical procedure
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.
SUBSTANCE ABUSE PROFESSIONAL A licensed physician (Medical Doctor or Doctor of
Osteopathy), or a licensed or certified psychologist, social worker, employee assistance
professional, or addiction counselor (certified by the National Association of Alcoholism and
Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience
in the diagnosis and treatment of alcohol and controlled substance-related disorders.
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ALCOHOL AND DRUG TESTING REQUIREMENTS
for
IRONTON CITY LOCAL SCHOOL DISTRICT BUS DRIVERS, PART-TIME DRIVERS
and
OTHER SAFETY-SENSITIVE TRANSPORTATION PERSONNEL
382.103 APPLICABILITY With a few exceptions, drivers required to have a Commercial
Drivers License (CDL) are subject to the controlled substance and alcohol testing rules. A CDL
is required for drivers operating a vehicle in excess of 26,600 pounds GVWR, designed to carry
16 or more passengers (including the driver), or of any size, which is used in the transportation
of a placardable amount of hazardous material. This extends those currently covered by the
rule to include both interstate and intrastate truck and motor coach operations, including
those operated by Federal, State, local, and tribal governments.
382.115 IMPLEMENTATION The alcohol and controlled substance testing rules shall be
implemented effective January 1, 1995.
(1) Large districts (50 or more drivers as of March 17, 1994) must implement the
requirements of the rule beginning January 1, 1995.
(2) Small districts (1-49 drivers as of March 17, 1994) must implement the requirements
of the rule beginning January 1, 1996.
PROHIBITED ALCOHOL AND CONTROLLED
SUBSTANCE-RELATED CONDUCT
COVERED BY 49 CFR, PARTS 382.201 THROUGH
382.215
The following alcohol and controlled substance-related activities are prohibited by Federal
Highway Administrations drug use and alcohol misuse for drivers of commercial motor
vehicles:
(1) 382.201 - Reporting for duty or remaining on duty to perform safety-sensitive functions
while having an alcohol concentration of 0.02 or greater.
(2) 382.204 Being on duty or operating a Commercial Motor Vehicle (CMV) while the driver
possesses alcohol. This includes the possession of medicines containing alcohol
(prescription or over-the-counter), unless the packaging seal is unbroken.
(3) 382.205 - Using alcohol four (4) hours prior to or while performing safety-sensitive functions.
This includes those performing inspections and work on school buses.
(4) 382.209 - When required to take a post-accident alcohol test, using alcohol within eight (8)
hours following the accident or prior to undergoing a post-accident alcohol test,
whichever comes first.
(5) 382.211 - Refusing to submit to an alcohol or controlled substance test required by
post-accident, random or reasonable suspicions testing requirements.
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(6) 382.213 - Reporting for duty or remaining on duty, requiring the performance of
safety-sensitive functions, when a driver uses any controlled substance
(except when instructed by a physician who has advised the driver that the
substance does not adversely affect the drivers ability to safely operate a CMV).
(7) 382.215 - Reporting for duty, remaining on duty or performing a safety-sensitive
function, if the driver tests positive for controlled substances.
SUBSTANCES TO BE TESTED NIDA 5-panel (marijuana, cocaine, opiate, phencyclidine (PCP) and
amphetamines) and alcohol.
SPLIT SAMPLE TESTING Controlled substance tests must follow split sample procedures.
Under this provision, a driver whose urine sample has tested positive for a controlled substance has the
option (within72 hours of being notified by the MRO) of having the other portion of the split sample tested
at another laboratory. If the second portion of the sample also tests positive, then the driver is subject to the
sanctions contained in the regulations. If the second portion produces a negative result, or for any reason
the second portion is not available, the test is considered negative and no sanctions are imposed.
PRE-EMPLOYMENT ALCOHOL AND CONTROLLED SUBSTANCE TESTING Prior to the
first time a driver performs a safety-sensitive functions (such as time spent driving a vehicle, inspecting a
vehicle, loading a vehicle, or a pre-employment road test), the driver must submit to testing for alcohol and
controlled substances.
The Ironton City Local School District shall not allow a driver to perform a safety-sensitive function unless
the result of the breath alcohol test indicates a blood alcohol level of less than 0.02 and has received a
controlled substance test result from the Medical Review Officer (MRO) indicating a verified negative
result.
POST-ACCIDENT ALCOHOL AND CONTROLLED SUBSTANCE TESTING As soon as
practical, following an accident involving an Ironton City Local School Districts bus or a commercial
motor vehicle, the Ironton City Local School District shall test their surviving driver(s) for alcohol and
controlled substances when either:
1. the accident involved a fatality;
2. the driver receives a citation under state and local laws for a moving traffic violation
arising from the accident; or
3. if the vehicle requires towing from the scene.
When a required controlled substance test has not been administered within a reasonable time frame
following the accident, the following actions shall be taken:
TIME ELAPSED_ ACTION
REQUIRED___________
2 hours If the driver has not submitted to an alcohol test at this time,
the Ironton City Local School District shall prepare and
maintain on file a record stating the reason a test was not
promptly administered.
8 hours Cease attempts to administer alcohol test and prepare and
maintain record described above.
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32 hours If the driver has not submitted to a controlled substance
test at this time, the Ironton City Local School District
shall cease attempts to administer the test and prepare and
maintain the record described above.
IMPORTANT NOTE: Nothing in this document (or the rule itself) should be construed as to require the delay of necessary medical attention for injured people following an accident, or to prohibit a driver 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.
DRIVERS RESPONSIBILITY: A driver who is subject to post-accident testing must remain available or the Ironton City Local School District may consider the driver to have refused to submit to testing. The driver subject to post-accident testing must refrain from consuming alcohol for eight (8) hours following the accident, or until he/she submits to an alcohol test, whichever comes first.
DISTRICTS RESPONSIBILITY: The Ironton City Local School District shall provide drivers with necessary post-accident information, procedures and instructions, prior to the driver operating a commercial motor vehicle or school bus, so that drivers will be able to comply with the requirements of this rule.
The Federal Highway Administration recognizes post-accident tests conducted by Federal, State, and local officials as meeting the requirements of this rule under the following conditions:
1. The official must have independent authority to conduct the test.
2. The test must conform to Federal, State, or local requirements.
3. Alcohol tests require blood or breath samples.
4. Controlled substances tests require urine samples.
Breath or Blood
Alcohol tests performed by on site Police Officer or Public Safety Official.
In lieu of administering a post accident drug and alcohol examination as required by this policy, the Ironton City Local School District may substitute a breath or blood test for the use of alcohol
and a urine test for the use of drugs administered by on site Police or Public Safety Official, using
procedures required by their jurisdiction. The Ironton City Local School District obtains said results of the tests from the local jurisdictional officials, the driver, or both. The Ironton City Local School District substituting a law enforcement based post accident test must take the actions appropriate to the results.
RANDOM ALCOHOL TESTING Random alcohol testing shall be conducted in accordance with the requirements listed below:
1. The Ironton City Local School District must use a scientific method, such as a random number table, which is matched with the drivers social security number.
2. Random alcohol testing shall be administered at a minimum annual rate of 25 percent of the average number of drivers and safety-sensitive transportation positions.
3. The Ironton City Local School District shall ensure that random alcohol tests are unannounced and spread throughout the calendar year.
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4. The Ironton City Local School District shall ensure that persons selected for random alcohol
tests proceed immediately to the testing site upon notification of being selected.
5. The employee shall only be tested for alcohol while he/she is performing safety-sensitive
functions, immediately prior to performing or immediately after performing safety-sensitive functions.
6. In the event a person who is selected for a random alcohol test is on vacation or on an extended medical absence, the District can either select another person for testing or
keep the original selection confidential until the person returns.
CONSORTIA - If the Ironton City Local School District conducts random alcohol testing through a consortium, the number of drivers to be tested will be calculated for each individual district.
BUS CONTRACTORS In the event the Ironton City Local School District would contract bus service, the following would apply: Bus contractors shall be subject to and participate in the local districts drug and alcohol testing program. All contract drivers shall be included in the Districts random testing pool.
ALCOHOL TESTING RATE The FHWA Administrator may decide to increase or decrease the minimum annual percentage rate for random alcohol testing based upon the reported violation rate for the entire industry. The decision to change the testing will be made according to the following results:
Violation
Rate Testing
Rate
Less than .5% for 10%
2 consecutive years
.5% - 1.0% 25%
1.0 % or greater 50%
Each year the FHWA Administrator will publish in the Federal Register the minimum annual percentage rate for random alcohol testing for drivers. The new rate will become applicable on January 1 of the following year.
The first year a reduction in the minimum rate would be possible is 1999, due to the fact that the data must be for the entire District (for two (2) years), which would be reported in 1998. Only one (1) year of data is necessary to raise the minimum rate; however, two (2) years are required to lower the rate.
RANDOM CONTROLLED SUBSTANCE TESTING- Random controlled substance testing shall be conducted in accordance with the requirements listed below:
1. The Ironton City Local School District will use a valid scientific method, such as a random
number table, which is matched,