DRUG AND ALCOHOL TESTING OF SCHOOL BUS DRIVERS ADMINISTRATIVE PROCEDURE
The Board is committed to the establishment of an alcohol and controlled
substance testing program that meets all applicable requirements of the federal
Omnibus Transportation Employee Testing Act of 1991, in addition to pertinent
state laws and regulations. The purpose of the testing program shall be to help
prevent accidents and injuries resulting from the misuse of alcohol and
controlled substances by drivers performing safety-sensitive functions.
The following administrative procedure represents a summary of the main
provisions found in federal regulations promulgated to effectuate drug and
alcohol testing of bus drivers. The following procedure in no way attempts to
modify said regulations, which should always be referred to when questions as to
implementation of this policy/procedure arise.
I. APPLICABILITY
All persons operating a commercial motor vehicle in commerce in any state and
subject to the commercial driver’s license requirements mandated under both
federal and state laws, including the Omnibus Transportation Employee Testing
Act of 1991, shall be subject to the drug and alcohol testing provisions herein
contained.
II. IMPLEMENTATION
The Superintendent shall be responsible for implementing a drug and alcohol
testing program which complies with procedures set forth in Title 49 Parts 40,
382, 390, and 395 of the Code of Federal Regulations. Such testing program shall
include pre-employment/pre-duty drug testing, post-accident testing, random
testing, reasonable suspicion testing, return-to-duty and follow-up testing.
This school unit shall provide parties subject to testing with written notice of
materials and information available to them as required by Part 382.
Bid specifications and contracts for transportation shall require that the
contractor establish a drug and alcohol testing program which complies with
federal regulations and that is acceptable to the Board.
III. CONTROLLED SUBSTANCES
Controlled substances in this policy/procedure refer to those covered by the
Omnibus Transportation Employee Testing Act of 1991, including marijuana,
cocaine, opiates, amphetamines, and phencyclidine (PCP).
IV. SAFETY-SENSITIVE FUNCTION
Safety-sensitive function(s) in this policy/procedure refer to functions defined
in 49 CFR §382.107 and §395.2 (On-Duty Time, paragraphs (1) through (6)).
V. PROHIBITIONS
All drivers subject to this policy shall be prohibited from:
A. Using any alcohol while on duty and four (4) hours prior
to going on duty;
B. Possessing alcohol while on duty;
C. Reporting for duty or remaining on duty while having an
alcohol concentration of 0.02 or greater;
D. Using any alcohol for eight (8) hours following an
accident, or until he/she undergoes a post-
accident alcohol test, whichever
occurs first;
E. Refusing to submit to a required alcohol or controlled
substance test(s);
F. Reporting for duty or remaining on duty when using any
controlled substance, except when use is
pursuant to the instructions of a
physician who advised the driver that the substance does not
adversely affect the driver’s ability
to safety operate the vehicle; and
G. Reporting for duty, remaining on duty, or performing a
safety-sensitive function, if the driver tests
positive for a controlled substance.
VI. REQUIRED TESTING
A. Pre-Employment Testing. Prior to the first time a
driver performs a safety-sensitive function for
the school unit, the driver shall
undergo testing for controlled substances. However, no driver shall
be subjected to pre-employment
controlled substance testing prior to having been offered a
position. Employment is conditioned
upon a verified negative controlled substance test result.
B. Post-Accident Testing. As soon as practicable
following an accident, each surviving driver will
be subject to alcohol and controlled
substance testing as follows:
1. Any driver performing
safety-sensitive functions with respect to the vehicle if the accident
involved loss
of human life;
2. Any driver who receives a citation
under State or local law for a moving violation arising from
the accident;
and
a. Causes
bodily injury to a person who, as a result of the injury, immediately receives
medical
treatment away from the scene of the accident; or
b. Should one
or more motor vehicles incurring disabling damage as a result of the accident,
require a motor vehicle to be transported away from the scene by a tow truck or
other motor
vehicle.
3. In addition, the following
provisions will also apply:
a. Alcohol.
If a test required under this section is not administered within two (2) hours
following the accident, the school unit shall prepare and maintain on file a
record stating the
reasons the test was not promptly administered. If a test is not administered
within eight (8)
hours following the accident, the school unit shall cease attempts to administer
the test and
shall prepare and maintain the same record. Records shall be submitted to the
Federal
Highway Administration (FHWA) upon request of the Associate Administrator.
b.
Controlled Substances. If a test required by this section is not
administered within thirty-
two (32) hours following the accident, the school unit shall cease attempts to
administer the
test and shall prepare and maintain on file a record stating the reasons the
test was not
promptly administered. Records shall be submitted to the FHWA upon request of
the
Associate Administrator.
C. Random Testing. All drivers subject to this
policy/procedure will be subject to random and
unannounced alcohol and controlled
substance testing throughout the year. The minimum annual
percentage rate for testing of bus
drivers is as follows:
1. Random alcohol testing shall be a
minimum of 10 percent of the number of driver positions each
selection
period; and
2. Random controlled substance
testing shall be a minimum of 50 percent of the number of driver
positions
each selection period.
D. Reasonable Suspicion Testing. All drivers subject
to this policy/procedure shall submit to
alcohol and controlled substance
testing when the employer has reasonable suspicion to believe
that the driver has violated the
prohibitions found in Part V of this procedure, with the exception of
Part V, B regarding alcohol
possession. The school unit shall base its determination that
reasonable suspicion exists requiring
the driver to undergo such testing on observations concerning
appearance, behavior, speech or body
odors of the driver. When controlled substances are at
issue, observations may include
indications of the chronic and withdrawal effects of controlled
substances.
In addition, the following provisions also apply:
1. Alcohol. Alcohol testing
will be performed only if the aforementioned observations are made
during, just
preceding, or just after the period of the workday that the driver is required
to be in
compliance
with this policy/procedure. If a test required under this section is not
administered
within two
(2) hours following the reasonable suspicion determination, the school unit
shall
prepare and
maintain on file a record stating the reasons the test was not promptly
administered.
If a test required under this section is not administered within eight (8) hours
following a
determination that reasonable suspicion exists, the school unit shall cease
attempts to
administer an
alcohol test and shall state in the record reasons for not administering the
test. The
school unit
shall submit to the FHWA records or tests required by this section that were not
completed
within eight (8) hours according to the mandates of 49 CFR §382.307(3).
2. Controlled Substances. The
school unit shall, within twenty-four (24) hours or before the
results of
the controlled substances test are released, whichever is earlier, create a
written
record of the
observations leading to a controlled substances test which shall be signed by
the
supervisor or
school unit official making said observations.
E. Return-to-Duty Testing. Prior to returning to duty
requiring the performance of safety-sensitive
functions when a driver has engaged
in conduct prohibited under this policy/procedure, the driver
shall undergo a return-to-duty
alcohol and/or controlled substances test(s) as appropriate. Drivers
found to have engaged in prohibited
conduct under the alcohol provisions of this policy/procedure
will not be permitted to return to
duty unless the subsequent alcohol test reveals a result less than
or consistent with federal and state
standards. In cases involving controlled substances, a verified
negative result is necessary before a
driver may return to duty.
F. Follow-up Testing. In the event that a driver has
been found to have been in violation of the
prohibitions herein contained and is
identified as requiring assistance in resolving problems
associated with alcohol and/or
controlled substances, the school unit shall require the driver to
submit to at least six (6)
unannounced follow-up alcohol and/or controlled substances tests during
the first twelve (12) months after
returning to duty. Follow-up tests will be unannounced and may
continue for up to sixty (60) months
after returning to duty. Follow-up alcohol testing shall be
conducted only when the driver is
performing, or just before or just after ceasing to perform
safety-sensitive functions.
VII. REFUSAL TO SUBMIT TO TESTING
All drivers who are required by federal regulations to submit to drug/alcohol
testing must do so immediately upon being directed to submit to the test(s). A
driver’s refusal to submit to testing will subject the driver to immediate
removal from the performance of safety-sensitive functions. In addition, failure
to comply with federal regulations or this procedure is grounds for disciplinary
action up to and including dismissal. Any of the following actions on the part
of a driver constitutes a refusal to submit to a test:
A. Failure to provide adequate specimens/samples of
substance(s) undergoing testing, including but
not limited to breath and urine,
without a valid medical reason;
B. Engaging in conduct which obstructs the testing process;
and
C. Refusal by an employee to complete and sign testing forms.
VIII. TRAINING FOR SUPERVISORS
This school unit will assign persons who will be designated to determine whether
reasonable suspicion exists to require a driver to undergo testing under Part
382, with at least sixty (60) minutes of training on alcohol misuse and receive
at least an additional sixty (60) minutes of training on controlled substances.
Training shall cover the physical, behavioral, speech, and performance
indicators of probable alcohol misuse and use of controlled substances.
IX. ENFORCEMENT
This school unit, in its independent authority as an employer, shall subject any
driver who violates this policy/administrative procedure or federal regulations
to potential disciplinary action up to and including dismissal, except to the
extent that any state law or collective bargaining agreement requires otherwise.
In addition, any driver who refuses to submit to a post-accident, random,
reasonable suspicion, return-to-duty or follow-test(s) shall not perform or
continue to perform safety-sensitive functions.
Furthermore, no driver tested and found to have an alcohol concentration of 0.02
or greater but less than 0.04 shall perform or continue to perform
safety-sensitive functions including driving a commercial motor vehicle until
the start of the driver’s next regularly scheduled duty period, but not less
than twenty-four (24) hours after the test was administered.
X. RECORDS
Employee drug and alcohol tests and results shall be maintained under strict
confidentiality in a secure location with controlled access and released only in
accordance with law. A driver, upon written request, shall receive copies of any
records pertaining to his/her use of drugs or alcohol, including any records
pertaining to his/her drug tests. Records shall be made available to subsequent
employers or other identified persons only when expressly requested in writing
by the driver.
XI. NOTIFICATIONS
Each driver shall receive educational materials prior to the school unit’s
commencement of alcohol and controlled substance testing. Such material will
explain the requirements of the Code of Federal Regulations, Title 49 Part 382,
and contain a copy of the Board’s policy and administrative procedures for
meeting these requirements. Representatives of employee organizations shall be
notified of the availability of this information. The school unit shall also
include in the package of informational material submitted to each driver, a
statement certifying that he/she has received the informational material. The
school unit shall maintain the original signed statement on file.
In addition to the aforementioned items, the school unit shall also make
available to drivers and representatives of employee organizations information
which shall identify:
A. The person designated by the school unit to answer
questions about the materials;
B. The procedures that will be used to test for the presence
of alcohol and controlled substances,
protect the driver and the integrity
of the testing processes, safeguard the validity of the test results,
and ensure that those results are
attributed to the correct driver;
C. Information concerning the effects of alcohol and
controlled substances on an individual’s health,
work, and personal life; signs and
symptoms of an alcohol or a controlled substance(s) problem
(the driver’s or co-worker’s); and
available methods of intervening when an alcohol or controlled
substances problem is suspected,
including confrontation, referral to any employee assistance
program and/or referral to
management; and
D. Post-accident procedures that will make it possible for a
driver to comply with post-accident
testing before any driver operates a
commercial vehicle.
This school unit shall also make available the following
information:
A. The results of pre-employment controlled substance test(s)
if the applicant requests such results
within sixty (60) calendar days of
being notified of the disposition of the employment application;
and
B. The results of random, reasonable suspicion and
post-accident drug tests if the results are verified
positive. The school unit shall also
tell the driver which controlled substance(s) was verified as
positive.
XII. CONTROLLED SUBSTANCES
Drivers shall inform their supervisors if at any time they are using a
controlled substance which their physician has prescribed for therapeutic
purposes. Such substance may be used in conjunction with duty only if the
physician has advised the driver that it will not adversely affect his/her
ability to safely operate a commercial motor vehicle.
XIII. REFERRAL, EVALUATION, AND TREATMENT
A. Referral. A driver who has engaged in conduct
prohibited by this policy/procedure shall be
advised by the school unit of
resources available to the driver in evaluating and resolving problems
associated with the misuse of alcohol
and use of controlled substances. The information the bus
driver receives will include: names,
addresses, and telephone numbers of substance abuse
professionals, counseling and
treatment programs, in addition to information relating to his/her
responsibility with regard to payment
of such services.
B. Evaluation/Treatment. A driver who engages in such
prohibited conduct shall be evaluated by a
substance abuse professional who
shall determine what assistance or treatment, if any, the
employee needs in resolving
controlled substance(s) use.
XIV. RETURN TO DUTY
If a school unit has not discharged a driver due to his/her engagement in
prohibited conduct under this policy/procedure, the bus driver must, prior to
returning to safety-sensitive duties:
A. Undergo return-to-duty testing and obtain an alcohol
concentration level of less than 0.02 and/or
a verified negative test for
controlled substances;
B. Have been evaluated by a substance abuse professional; and
C. Have followed prescribed and/or recommended treatment.
XV. OTHER POLICIES/PROCEDURES
Nothing contained in this administrative procedure shall prevent the Board from
establishing and enforcing independent policies/procedures relating to the
possession, being under the influence of, distribution, sale or use of alcohol
or controlled substances or any misconduct associated therewith and the
penalties for violation of those policies/procedures, up to and including
dismissal.
Legal Reference: 49 CFR Parts 40, 382, 390, 395
Title 26 MRSA §§ 681(8)(B); 685(2); 689
DATE ADOPTED: July 1, 2003