Escondido Union ESD | AR 4212.42 Personnel
Drug And Alcohol Testing For School Bus Drivers
SECTION I. RESPONSIBILITIES
A. District Controlled Substance Alcohol Program Coordinator: Appendix A contains the name, address, and telephone number of the individual(s) responsible for questions related to the policy or implementation of the policy.
B. Supervisors: Supervisors are responsible for observing the performance and behavior of drivers and observation/documentation of events suggestive of behavior that is prohibited by this part (i.e., controlled substance use and/or alcohol misuse). It is the supervisor's responsibility to determine when testing for controlled substances and/or alcohol is necessary, based on reasonable cause.
C. Drivers: Each driver has the responsibility to be knowledgeable of the requirements of the district's controlled substance and alcohol policy and to fully comply with the provisions of the policy.
SECTION II. DEFINITIONS
For purposes of this controlled substance and alcohol policy the following definitions apply:
Accident - (390.5) An occurrence involving a commercial motor vehicle operating on a pubic road which results in:
1. A fatality;
2. Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
3. One or more vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle.
Commercial Driver's License (CDL) - A license issued by a state or other jurisdiction, in accordance with the standards contained in the FHWA regulations, 49 CFR Part 383, to an individual which authorizes the individual to operate a class of commercial motor vehicle.
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 rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
2. Has a gross vehicle weight rating of 26,001 or more pounds; or
3. Is designed to transport 16 or more passengers, including the driver; or
4. Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR Part 172, Subpart F).
Consortium - An entity, including a group or association of employers or contractors, that provides alcohol or controlled substances testing required by the FHWA regulations, and acts on behalf of the employers.
Driver - Any person who operates a commercial motor vehicle. This includes, but is not limited to: full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers, and independent owner-operator contractors who are either employed directly by or under lease to an employer, or who operates a commercial motor vehicle at the direction of or with consent of an employer. For the purposes of pre-employment/pre-duty testing only, the term driver includes a person applying to an employer to drive a commercial motor vehicle.
Fail a Controlled Substance Test or Test Positive - The confirmation test result shows positive evidence of the presence under DOT procedures of a prohibited drug in the driver's or applicant's system.
Pass a Controlled Substance Test or Test Negative - That initial testing or confirmation testing under DOT procedures does not show evidence of the presence of a prohibited drug in the driver's or applicant's system.
Pass an Alcohol Test or Test Negative - Driver's alcohol level is .0l9 or less.
Performing (a safety-sensitive function) - A driver is considered to be performing a safety-sensitive function during any period in which he/she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions.
Prohibited Drug - Marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines.
Refusal to Submit (to an alcohol or controlled substance test) - Driver (l) fails to provide adequate breath for testing without a valid medical explanation after he/she has received notice of the requirement for breath testing in accordance with these regulations; (2) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he/she has received notice of the requirement for urine testing in accordance with these regulations; or, (3) engages in conduct that clearly obstructs the testing process.
Safety-Sensitive function (Covered Function) - Means any of those on-duty functions as described in 49 CFR Part 395.2 "on-duty time." "On-duty time" commences at the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all the responsibility for performing work.
SAMHSA - Substance Abuse and Mental Health Services Administration (formerly National Institute on Drug Abuse), was established by the Department of Health and Human Services (DHHS) in 1986 to regulate laboratories performing analytical tests (drug tests) on human body fluids for employment purposes in the public sector.
Substance Abuse Professional - 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 substances-related disorders.
SECTION III. WHO IS COVERED BY THIS POLICY
This policy applies to every person employed by Escondido Union School District who operates a commercial motor vehicle in interstate or intrastate commerce, and is subject to the commercial driver's license requirements. (Commercial Motor Vehicle and Commercial Driver's License definitions are located in Section II.)
SECTION IV. NOTIFICATION TO DRIVER
Prior to performing a controlled substances or alcohol test under this policy:
A. The district must notify the driver(s) that the alcohol or controlled substances test is required.
B. The district shall post the policy in a prominent location that is readily accessible to all covered drivers.
C. All covered drivers will be provided with a complete copy of the controlled substance and alcohol policy. Each driver may obtain, upon request, an additional copy of this policy for review by contacting the district Controlled Substance and Alcohol Program Coordinator.
D. Each driver will be required to sign a certificate of receipt certifying that he/she has received a copy of the controlled substance and alcohol policy.
SECTION V. TESTING PROCEDURES
A. Specimen Collection Requirements For Controlled Substance And Alcohol Testing
1. All specimen collections for controlled substances and alcohol shall be performed according the specific guidelines as designated in 49 CFR, Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs. A urine specimen will be collected to test for controlled substances and a breath sample will be collected to test for alcohol.
2. Alcohol tests will be administered using an Evidential Breath Testing Device (EBT) that is on the Conforming Products List published by the National Highway Traffic Safety Administration (NHTSA). The tests will be performed by a certified Breath Alcohol Technician (BAT).
B. Substances For Which Testing Must Be Conducted - The district will test for evidence of the following substances:
- Phencyclidine (PCP)
C. Drug Testing Laboratory
1. The district shall use a drug testing laboratory certified under DHHS Mandatory Guidelines for Federal Workplace Drug Testing Programs; 53 FR 11970, April 11, 1988, and subsequent amendments.
2. The laboratory shall provide services in accordance with Part 40 and Part 382. The name and address of each SAMHSA laboratory used by the district is contained in Appendix A.
D. Time Period Testing Is Conducted
A driver may be sent to be tested for controlled substances at any time during the driver's shift. Testing for alcohol must take place just before, during, or just after performing a safety-sensitive or covered function. Performing a safety-sensitive function means a driver is considered to be performing a safety-sensitive function during any period in which he/she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions.
SECTION VI. TYPES OF TESTS REQUIRED
A. Pre-Employment Testing
A pre-employment controlled substance test must be conducted before the first time a driver performs a safety-sensitive function. A driver also must take a pre-employment controlled substance test when he/she transfers to a safety-sensitive position. This applies also to a driver returning from a leave of absence of more than 30 days due to illness, layoff, injury, etc., who has not participated in the controlled substance and alcohol program, and, therefore, has not been subject to the random selection process. A negative test result is required prior to performing safety-sensitive functions.
Exception to Pre-Employment Controlled Substance Testing
A driver would not be required to take a pre-employment controlled substance test if the district verifies the following:
1. The driver has participated in a controlled substance testing program that meets the requirements of this policy within the previous 30 days; and
2. While participating in this program, was tested for controlled substances within the past six months or participated in a random program for the previous 12 months; and
3. The district verifies with the driver's previous employers that within the past six months the driver has not violated any part of this policy nor has he/she violated the rules of other DOT agencies.
B. Post-Accident Testing
1. Following an accident (as defined by the Federal Motor Carrier Regulations 390.5 - See Section II) involving a Commercial Motor Vehicle, a post-accident controlled substances and alcohol test will be administered to each driver who:
a. was performing safety-sensitive functions with respect to the vehicle, if the accident involved loss of human life; or
b. who receives a citation under state or local law for a moving traffic violation arising from the accident.
2. Controlled Substances Test - The driver must be tested for controlled substances as soon as possible but no later than 32 hours after the accident. If a driver is not tested for controlled substances within 32 hours after an accident, the district shall maintain a record stating the reasons why the test was not administered.
3. Alcohol Test - The driver must be tested for alcohol as soon as possible but no later than eight hours following an accident. If a driver is not tested for alcohol within two hours after an accident, the district shall maintain a record stating the reasons why the test was not administered promptly.
4. The district will provide the driver with information on how to comply with post-accident procedures prior to operating a commercial motor vehicle.
5. Post-accident breath, urine or blood tests completed by local, state, or federal officials may fulfill the requirements of this policy.
6. A driver who is subject to post-accident testing must remain readily available for such testing or may be deemed by the district as refusing to submit to testing. However, this requirement should not delay necessary medical attention for injured people following an accident or prohibit a driver from the leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident.
C. Random Testing
1. The regulations require that safety-sensitive drivers shall be subject to controlled substance and alcohol testing on an unannounced and random basis. The district shall conduct a number of controlled substance tests equal to at least 50 percent of all covered drivers and alcohol tests equal to at least 25 percent of all covered drivers each calendar year, spread reasonably over a 12-month period. The selection of drivers to be tested shall be made by a scientifically valid method, such as a computer generated random selection, and each driver shall have an equal chance of being tested each time the selection is made. Drivers shall be selected for testing from a pool of EUSD drivers only.
2. Once the driver has been notified that he/she has been selected for testing, he/she must be available for testing immediately.
3. Alcohol tests will be performed only just before, during, or just after performing a safety-sensitive function.
D. Reasonable Suspicion Testing
Reasonable suspicion testing of a driver is required when there is reasonable suspicion to believe that the driver has violated the prohibitions of this policy (as described in Section VII). A supervisor or district official, who is trained in detection of the possible symptoms of controlled substance use and/or alcohol abuse, shall make the decision to test the driver.
1. Controlled Substances
a. The determination that reasonable suspicion exists will be based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. The observations may include indication of the chronic and withdrawal effects of controlled substances.
b. A driver may be asked to submit to a reasonable cause controlled substance test at any time during the work period.
a. The determination that reasonable suspicion exists will be based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.
b. Alcohol tests for reasonable suspicion must be requested before, during, or just after the driver performs a safety-sensitive function.
c. The supervisor that makes the determination to test the driver may not administer the alcohol test.
d. The driver will not be permitted to return to duty to perform safety-sensitive functions until:
(l) An alcohol test is administered with a result of less than .02; or
(2) Twenty-four hours have elapsed from the time the determination of reasonable suspicion was made.
3. Supervisor Training
Supervisory personnel responsible for those drivers covered under Part 382 will receive training under the controlled substance and alcohol policy. The training shall include at least one 60-minute period of training on alcohol misuse and at least an additional 60 minutes of training on controlled substances use. The training shall cover the specific, contemporaneous physical, behavioral, and performance indicators of probable controlled substance use and alcohol use, respectively. This training shall be for supervisors who may determine whether a driver must be tested for reasonable suspicion.
E. Return-to-Duty Testing
Each driver who has violated the prohibited conduct standards related to controlled substances and/or alcohol shall be tested for controlled substances and/or alcohol respectively before returning to his/her safety-sensitive function. The test results must indicate a verified negative result for controlled substances and/or an alcohol concentration of less than 0.02.
F. Follow-up Testing
A driver who returns to duty shall be subject to unannounced follow-up controlled substance and/or alcohol testing. At least six tests must be conducted in the first 12 months after the driver returns to duty. The district may extend the follow-up testing for up to 60 months after the driver returns to duty. The Substance Abuse Professional will determine if both a drug and alcohol test are required prior to return to duty.
SECTION VII. PROHIBITED CONDUCT
A. Refusal To Submit to an Alcohol or Controlled Substance Test
No driver shall refuse to submit to any of the required controlled substance and/or alcohol tests, including, post-accident, random, reasonable suspicion, or follow-up tests. Refusal shall be cause for disciplinary action, up to and including termination.
B. Prohibited Conduct Related to Controlled Substances
1. No driver shall report for duty or remain on duty performing a safety-sensitive function when the driver uses a controlled substance, except when the substance is prescribed by a physician, and the physician informs the driver that the substance does not adversely affect the driver's ability to perform the safety-sensitive function.
a. The driver must report prescription drug use to the district.
b. No driver shall report for duty, remain on duty, or perform a safety-sensitive function after testing positive for a controlled substance.
C. Prohibited Conduct Related to Alcohol
1. No driver shall report for duty, remain on duty requiring the performance of a safety-sensitive function with a breath alcohol concentration level of 0.02 or greater.
2. No driver shall use alcohol while performing a safety-sensitive function.
3. No driver shall possess alcohol while on duty or operating a CMV.
4. No driver shall perform a safety-sensitive function within four hours after using alcohol.
5. No driver shall use alcohol within eight hours after an accident, or until an alcohol test has been completed, whichever comes first.
SECTION VIII. CONSEQUENCES FOR PROHIBITED CONDUCT
A driver that engages in prohibited conduct as detailed in Section VII of this policy shall be:
1. Immediately removed from performing safety-sensitive functions and placed on administrative leave pending further investigation.
2. Subject to disciplinary action up to and including suspension without pay and/or termination according to Merit System Rule 8 - Disciplinary Action and Appeal and all of its sub-parts. The severity of the action normally will depend upon the circumstances of the infraction; but, at the very least, a positive alcohol breath test over .02 or a positive test for use of controlled substances will result in removal of the driver from the safety-sensitive function in an unpaid status for the mandatory 24 hours.
3. Subject to automatic termination recommendation for a second infraction.
Any driver who refuses to submit to a post-accident, reasonable cause, random, or follow-up testing for alcohol or controlled substances will be removed from the safety-sensitive function without pay and will be subject to further disciplinary action. Any applicant who refuses to submit to pre-employment controlled substance and alcohol tests, or who refuses to grant written permission for release of his/her prior test results for the past two years, will not be hired; or, if already hired, will be released from his/her probationary period.
SECTION IX. REFERRAL, EVALUATION, AND TREATMENT
This section shall apply, as required by law, to continuing or terminated employees.
A. Drivers who have engaged in conduct prohibited by this policy will be:
1. Provided resources for evaluating and resolving problems associated with alcohol misuse and controlled substance use.
2. Evaluated by a Substance Abuse Professional (SAP) who will recommend assistance, if necessary, for the driver to resolve problems associated with alcohol misuse and controlled substance use. Any costs associated with implementing the recommended assistance program are the sole responsibility of the employee.
B. A driver who has engaged in conduct prohibited by this policy, but who is considered by the district eligible to return to a safety-sensitive position must before returning:
1. Follow the rehabilitation program prescribed by the Substance Abuse Professional (SAP); and,
2. Pass a "return-to-duty" controlled substance and/or alcohol test; and,
3. Submit to unannounced follow-up alcohol and/or controlled substances tests, following the driver's return to duty.
SECTION X. MEDICAL REVIEW OFFICER
The MRO shall be a licensed physician with knowledge of substance abuse disorders. The function of the MRO is to review all negative and positive controlled substance test results. The MRO interviews drivers who test positive before results are transmitted to the district. A positive test result does not automatically identify a driver/applicant as having used controlled substances in violation of a DOT regulation. An individual with a detailed knowledge of possible alternate medical explanations is essential to the review of results.
The role of the MRO is to review and interpret confirmed positive test results obtained through the district testing program. In carrying out this responsibility, the MRO shall examine alternate medical explanations for any positive test result. This action could include conducting a medical interview with the individual and review of the individual's medical history, or review of any other relevant biomedical factors. The MRO shall review all medical records made available by the tested individual when a confirmed positive test could have resulted from legally prescribed medication. The MRO shall not, however, consider the results of urine samples that are not obtained or processed in accordance with DOT regulations.
The district has contracted with an MRO for the controlled substance testing program in accordance with the requirements of Parts 40.33 and 382. A listing of the district's MRO(s) which includes their name(s) and address(es) is contained in Appendix A.
SECTION XI. CONFIDENTIALITY
A. Release of Driver's Test Results
1. Information regarding the driver's test results will not be released, except to the district, without the driver's written consent excepted as noted in 3, 4 and 5 below.
2. All records regarding the driver's controlled substance and alcohol test results are available to the driver at any time, upon written request. A driver also may, upon written request, have records released to subsequent employers or other individuals identified by the driver.
3. Access to records shall be permitted to the Secretary of Transportation, any DOT agency, or any state or local official with regulatory authority over the employer or any of its drivers.
4. When required as part of an accident investigation, records regarding the district's administration of post-accident alcohol and controlled substances tests shall be made available to the National Transportation Safety Board.
5. The district may disclose records maintained as part of this policy pertaining to a driver; to the decision-maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the driver and arising from the results of an alcohol and/or controlled substance test administered as per this drug and alcohol policy; or, from the district's determination that the driver engaged in prohibited conduct (including, but not limited to, a worker's compensation, unemployment compensation, or other proceeding relating to a benefit sought by the driver).
B. Previous Employer's Test Results
1. A district may obtain, with the driver's written consent, any records relating to this drug and alcohol policy, from the previous employer.
2. A district must obtain all positive test results for controlled substances and alcohol and records of refusal to test within the preceding two years. These records shall be obtained, with the driver's consent, from the driver's previous employer. Consent for release of these records is a condition of employment and retention for new drivers.
3. These records must be obtained and reviewed no later than 14 calendar days after the first time the driver performs a safety-sensitive function. If the records have not been obtained within 14 days, the driver will not be permitted to continue to perform a safety-sensitive function.
4. A district may not use a driver to perform safety-sensitive functions if the employer obtains information from the driver's prior testing records showing a positive alcohol test with a concentration of .04 or greater, verified positive controlled substances test results, or refusal to be tested by the driver, without obtaining information on a subsequent substance abuse professional evaluation and/or compliance with the return-to-duty testing section of this policy.
SECTION XII. SUBSTANCE ABUSE PROFESSIONAL
A. The Substance Abuse Professional (SAP) provides information to the drivers regarding the following issues:
1. Effects of alcohol/controlled substance use on an individual's health, work, and personal life;
2. Signs and symptoms of an alcohol or controlled substances problem;
3. Methods of intervening when an alcohol or controlled substance problem is suspected; and,
4. Counseling and treatment programs available for controlled substances and alcohol.
The SAP for the district is included in Appendix A.
DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS PERSONNEL SERVICES
1. DISTRICT CONTROLLED SUBSTANCE AND ALCOHOL PROGRAM COORDINATOR
Jean M. Welser Director, Classified Personnel
2. MEDICAL REVIEW OFFICER (MRO)
Russell D. Simbari, M.D.
Industrial Medical Centers
8798 Complex Drive
San Diego, California 92123
3. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
(SAMHSA formerly NIDA) LABORATORY
7470 Mission Valley Road
San Diego, California 92108
4. SUBSTANCE ABUSE PROFESSIONAL
Employee Assistance Service for Education
Aero Drive, Suite 308
San Diego, California 92123
ESCONDIDO UNION SCHOOL DISTRICT
January 11, 1996 Escondido, California