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Campbell Union ESD |  BP  4212.42  Personnel

Alcohol And Controlled Substance Testing Policy For Personnel Operating Motor Vehicles   

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Alcohol and controlled substances have no place in the workplace. To this end, the Governing Board has previously adopted Board Policy 4020, "Drug-Free Workplace" and Board Policy 4218, "Disciplinary Procedures for Classified Employees," which makes being under the influence of, and using or possessing, alcohol or controlled substances without authorization while on duty a cause for discipline. In addition, the district has a long-standing practice and policy of "zero tolerance" of all alcohol use while on duty or at district sites.

Promotion of safe and productive district operations requires that district employees refrain from performing safety-sensitive functions while under the influence of alcohol or drugs. Misuse of alcohol and use of controlled substances by district employees threaten the safety and well-being of those employees, their co-workers, the public and the students the district is required to nurture and protect.

It is also the policy of this district that all personnel engaged in safety-sensitive functions, while at work for the district, shall be subject to testing and appropriate discipline, up to and including termination, for misuse of alcohol and for use of controlled substances while at work. This Testing Policy is adopted pursuant to, and shall be applied consistent with, Federal Highway Administration Regulations set forth in Title 49, Code of Federal Regulations, Part 382.

The purpose of this Testing Policy is to enhance job performance; to minimize threats to the safety and well-being of students, staff and the public; and to reduce fatalities, injuries and property damage that result from the misuse of alcohol and the use of controlled substances by district employees performing safety-sensitive functions.

For purposes of this Testing Policy, employees who perform safety-sensitive functions shall:

1. Participate in district-provided training concerning the effects and consequences of alcohol misuse and controlled substances use on personal health, general safety and the work environment

2. Participate in the district's alcohol and controlled substance testing program

3. Report to work with no controlled substances and no alcohol concentration at or above 0.02 in their bodies

4. Perform safety-sensitive functions with no controlled substances and no alcohol concentration at or above 0.02 in their bodies

"Safety-sensitive functions" for purposes of this Testing Policy are those safety-sensitive functions identified by the General Highway Administration of the Department of Transportation. These include operating commercial motor vehicles, including school buses; waiting to operate or to be assigned to operate a commercial motor vehicle; inspecting, servicing or conditioning commercial motor vehicles; loading, unloading or supervising or assisting in the loading of such vehicles; and repairing, obtaining assistance for, or remaining in attendance up disabled vehicles.

The Board further finds that district personnel also perform safety-sensitive functions while operating other, noncommercial vehicles on behalf of the district. Promotion of safe and productive district operations requires that these employees also refrain from operating vehicles for the district while under the influence of alcohol or drugs.

Violation of this Testing Policy may subject the employee to disciplinary action pursuant to the applicable disciplinary procedures.

The Board directs the Superintendent to adopt a controlled substances and alcohol testing program consistent with this Testing Policy; to adopt a Program Coordinator, who shall be responsible for administering the program, and to implement and maintain the appropriate program regulations to carry out this Testing Policy.

Legal Reference:

EDUCATION CODE

44839 Medical certificate; periodic medical examination

44839.5 Requirements for employment of retirant

44932 Grounds for dismissal of permanent employee

44942 Suspension or transfer of certificated employee on ground of mental illness, psychiatric examination; mandatory sick leave

45122 Physical examinations

49406 Examination for tuberculosis

CODE OF REGULATIONS, TITLE 5

5502-5503 Physical examination for retirants employed as substitute teacher, etc.

5504 Medical certification procedures

Policy CAMPBELL UNION SCHOOL DISTRICT

adopted: November 19, 1998 Campbell, California