FILE: GAMEB
ALCOHOL AND DRUG TESTING REGULATIONS AND PROCEDURES
EMPLOYEES WITH COMMERCIAL DRIVER'S LICENSES
Section 1. Applicability.
This policy provides for compliance with the Omnibus Transportation Employee Testing Act of 1991 and Federal Motor Carrier Safety Regulations and future amendments.
This policy applies to all persons who are employed or contracted by the East Feliciana Parish School Board who operate a vehicle in connection with their duties for which a commercial driver's license (CDL) is required by law. The requirements stated below for testing apply to driver-applicants, driver-employees, and contract- or leased-drivers. A person is covered if, at any point during the year, the person operates a vehicle for which the operator by applicable federal or state law is required to have a commercial driver's license when operating the vehicle, such as a school bus.
Section 2. Definitions.
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Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
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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.
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Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.
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Covered vehicle means a motor vehicle to include any school bus and other vehicles, as defined by law and 49 CFR 382.107 as amended, the operation of which requires a driver with a commercial driver's license (CDL).
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Controlled substance is any Schedule I drug of the Schedule of Controlled Substances of the Drug Enforcement Agency or amphetamine, narcotic or other habit forming drug. It includes but is not limited to marijuana (THC), cocaine, opiates, opium derivatives, hallucinogenic substances, depressants, stimulates, amphetamines, and phencyclidine (PCP).
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Screening Test (also known as Initial Test) in alcohol testing, it 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. The initial cutoff levels to determine if the sample is negative shall be as stated in 49 CFR 40.29 and as amended.
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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. The confirmation cutoff levels shall be as stated in 49 CFR 40.29 and as amended. |
Section 3. Alcohol Use and Possession Prohibited.
No person shall report for duty as a driver or remain on duty to operate a school bus or other covered vehicle while having an alcohol concentration of 0.04 or greater. No person shall be on duty or operate a school bus or other covered commercial motor vehicle while the person possesses alcohol. No person shall operate a school bus or other covered vehicle within four hours after using alcohol. No person required to take a post- accident alcohol test shall use alcohol for eight 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.
Section 4. Controlled Substance Use Prohibited.
No person shall report for duty as a driver or remain on duty when the person uses a Schedule I drug of the Schedule of Controlled Substances of the Drug Enforcement Agency 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 controlled substances while off duty or on duty. Any violation of this policy may result in discipline up to and including termination.
Section 5. 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.
Section 6. Impairment Prohibited.
No person will report for work for duty as a driver or will drive impaired because of any drug or controlled substance. A driver may use a substance administered by or under the instruction of a physician who has advised the driver that the substance will not affect the driver's ability to safely operate a motor vehicle. Drivers must furnish written evidence of the doctor's prescription to his/her supervisor prior to operating any covered 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 affected. Any violation of the policy may result in discipline up to and including termination.
Section 7. 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 physician. "Work site" means any motor vehicle, office, building, yard, or other property operated by the East Feliciana Parish School Board, or any other location at which the driver is to perform East Feliciana Parish School Board work. "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.
Section 8. Controlled Substance Test Results
No person shall report for duty as a driver, remain on duty or drive a vehicle if the person tests positive for any controlled substance. The driver will be suspended without pay.
Section 9. Tests Required.
For purposes of assuring compliance with the Federal Motor Carrier Safety regulations and future amendments and this policy, employee-drivers and new applicants for positions as drivers will be subject to alcohol and drug screening. "Screening" means testing of breath and/or of urine to determine use or impairment.
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Pre-Employment Testing. Prior to assuming a driving position, all applicants will be subject to testing for alcohol and controlled substances which complies with the requirements of 49 CFR 382.301, and as hereafter amended. Refusal to submit to screening will make it impossible to medically qualify the applicant, and the applicant cannot be employed as a driver.
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Post-Accident Testing. After any accident involving a covered vehicle, each 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.
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Random Testing. The initial minimum annual percentage rate for random alcohol testing shall be 25% of the average number of driver positions. The initial minimum annual percentage rate for random controlled substance testing shall be 50% of the average number of driver positions. 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 will be conducted in accordance with 49 CFR 382.305 and as hereafter amended. The minimum annual percentage rate may be adjusted as may be modified by the FHA Administrator.
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Reasonable Suspicion Testing. When a supervisor or other supervisory personnel who is trained in accordance with 49 CFR 382.603 and as amended as 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 the provisions of 49 CFR 382.307 and as hereafter amended.
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Return to Duty Testing. Prior to returning to duty after engaging in conduct prohibited by this policy, each person 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.
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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 49 CFR 382.311 and as hereafter amended.
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Other Alcohol-Related Conduct. If a person is tested as provided in this Section and found to have an alcohol concentration of 0.02 or greater but less than 0.04, such person 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 24 hours following administration of the test.
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All procedures for any testing shall conform to the requirements of 49 CFR 40.1 et seq., as amended. |
Section 10. Test Results.
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Test results are reviewed to determine whether there is an indication of alcohol misuse or controlled substance use. The results are confidential. The East Feliciana Parish School Board's Medical Review Officer (MRO) will be the custodian of the individual test results. The Medical Review Officer shall furnish to the East Feliciana Parish School Board's Personnel Supervisor a report with all information as allowed by 49 CFR 382.407. All test results and record retention will be in accordance with 49 CFR 382.401-413, and 49 CFR 40.1 et seq. and as hereafter amended.
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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, if requested within 72 hours of having been informed by the MRO of a verified positive test. |
Section 11. Evaluation and Rehabilitation.
Whenever a person who has duties as a driver is found to have alcohol concentration greater than 0.04 or a controlled substance testing with positive urine specimens shall be considered for appropriate disciplinary action including termination with the person suspended without pay pending such action. If an employee provides an evaluation of a substance abuse professional who 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 will be required to utilize accumulated sick leave for the period of rehabilitation. However, if the employee has exhausted his/her accumulated sick leave, then the employee may be granted additional sick leave not to exceed 30 days. Prior to return to duty, the employee will be required to complete the return to duty testing and be subject to follow-up testing to consist of at least 6 tests in the first 12 months following the driver's return to duty.
Section 12. Applicable Regulations.
The Personnel Supervisor, Transportation Supervisor, all supervisors, all testing providers, laboratories and the medical officers shall comply with the requirements of the Federal Motor Carrier Safety Regulations as existing and hereafter amended, including but not limited to 49 CFR 40.1-40.83 and 49 CFR 382.101-605. The Personnel Supervisor shall provide educational materials and explain the requirements of this policy and applicable law to all affected persons.
Section 13. Contact Persons.
Any employee may contact the Personnel Supervisor for information concerning this policy and for any educational materials concerning alcohol misuse and controlled substance use. The Personnel Supervisor shall obtain and provide information as to substance abuse professionals available in the community. The Personnel Supervisor shall provide for any required training of supervisors required by this policy or in accordance with the applicable federal regulations.
Section 14. Results in Management Information System.
The Personnel Supervisor shall prepare and maintain on an annual calendar year basis a summary of the results of the East Feliciana Parish School Board's alcohol and controlled substances testing performed under this policy covering the previous calendar year or by the provisions of 49 CFR 382.403. All records will be maintained in accordance with 49 CFR 382.401.
Section 15. Certificate of Receipt.
The Personnel Supervisor shall distribute a copy of this policy to each person who may perform duties as a driver of a vehicle for which a CDL is required and to each driver-applicant. Each driver is required to sign a statement certifying that he or she has received a copy of this policy. The Personnel Supervisor shall maintain the original of the signed certificate in the employee's personnel file and may provide a copy of the certificate to the driver.
Re-Adopted: August 4, 1998
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 (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)
La. Rev. Stat. Ann. §§17:81, 23:1601, 49:1001, 49:1002, 49:1005, 49:1011, 49:1012, 49:1015
Board minutes, 8-2-94, 1-9-96, 8-4-98
East Feliciana Parish School Board