Gateway USD | E 4112.42 Personnel
Drug And Alcohol Testing For School Bus Drivers
1. The business
designated to answer questions relating to 49 CFR 382 subparts A-F is Compliance Associates, Inc., 1939 Pine Street, Redding, CA 96001, (530) 241-7839. An alternate contact if Compliance Associates, Inc., cannot be reached is the district's Transportation Supervisor at 245-7930.
2. The categories of drivers subject to regulations: All persons employed by Gateway Unified School District who hold a commercial driver's license and are required to do so as a condition of employment.
3. Safety-Sensitive Functions: A "safety-sensitive function" is defined as "on duty" time. On duty time is defined as all time from the time a driver begins to work, or is required to be in readiness to work, until the time the driver is relieved from work. This includes but is not limited to, all time driving, inspecting the vehicle, loading or unloading, all time waiting to load or unload or to leave on a trip unless the driver has been specifically relieved of duty.
Drivers are subject to unannounced alcohol testing only while the driver is performing a safety-sensitive function, just before performing a safety- sensitive function, or immediately after performing a safety-sensitive function.
As it pertains to consuming alcoholic beverages, the regulation also states that no driver may consume alcohol within four hours prior to actually reporting for work and during all time thereafter while on duty or available to be on duty.
Drivers who are subject to unannounced substance abuse testing must proceed immediately upon notification to the test site.
4. Prohibited driver conduct: No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substances. Except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle.
No driver shall report for duty or remain on any duty requiring the performance of safety-sensitive functions while having an alcohol concentration of .01 or greater.
No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment.
No driver shall consume alcohol while performing safety-sensitive functions.
No driver shall perform safety-sensitive functions within four hours after consuming alcohol.
No driver required to take a post-accident test under 382.303 of this part shall consume alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.
No driver shall refuse to submit to a post-accident alcohol test required under 382.303, a random alcohol test required under 382.305, or a reasonable suspicion alcohol test required under 382.307.
5. The circumstances for testing: Drivers will be subject to pre-employment substance abuse testing, random testing throughout the year for alcohol misuse and controlled substance abuse, reasonable suspicion testing for alcohol and substance abuse, post-accident testing for alcohol and controlled substance.
6. Testing procedures: Alcohol testing - The breath alcohol test will be performed at a certified test site specified by Gateway Unified School District. The test will be given by a certified Breath Alcohol Technician (BAT). The technician will ask for picture ID and the social security number of the driver for identification. The technician will require the driver to blow forcefully for at least 6 seconds into the mouthpiece of the instrument. If the indicator reads below .01 the BAT will sign the form and submit to the employer as a negative result. If the results are .01 or greater a confirmation test will be administered no less than 15 minutes later. During the elapsed time the BAT shall observe the driver at all times. If after the second or confirmation test the driver tests .01 or higher the BAT will report the positive results to the employer.
Substance Abuse Testing - The substance abuse testing will be performed at a certified test site by a trained individual. The driver will be required to present picture ID and a social security card to the technician. The test consists of a urine test. The driver will enter a secured restroom facility with no access to running water. After the test is collected the technician will check the sample for signs of test contamination. If the sample is uncontaminated it will be separated into two samples. Both samples will be sealed in front of the driver and the driver and the technician will sign the seals. One sample will remain at the collection site. The other sample will be sent to a certified laboratory. If drugs are present in the urine a chemical reaction will occur. This is accomplished in the initial or emit test. If the test is positive in the first test, a second confirmation test will be performed called a gas chromatography/masspectrometry. This test looks for specific "fingerprints" of drugs and then identifies the drug.
Test results are reviewed by a Medical Review Officer from the certified test site. The MRO will attempt to contact the driver if a positive result is received and give the driver an opportunity to discuss results. If the MRO is unable to contact the driver the MRO will contact the employer who will contact the driver and instruct the driver to contact the MRO. The driver must contact the MRO before being dispatched or within 24 hours whichever is earlier. If the driver refuses to contact the MRO the test will be considered positive.
If the test was positive the driver will have the opportunity to explain any prescription drugs. The MRO will determine what action he/she will take regarding test readings. The driver has the right to request a split sample test. The second sample that remained at the collection site will be sent to another certified lab for testing. If the test results are positive the MRO will notify the employer of the positive results.
7. The requirement to submit to testing: If a driver is selected under the random selection process to participate in either controlled substance testing or alcohol testing, that driver will immediately make him/herself available for the test and proceed to the test site. An appointment will be made by the supervisor for the driver to be tested. The appointment will be scheduled during the driver's regularly assigned work day. A substitute driver will be hired to cover any conflicting bus runs if necessary.
If a driver becomes subject to post-accident controlled substance and alcohol testing that driver will make him/herself available for the test and proceed to the test site if physically capable. The driver shall not consume any alcohol for at least 8 hours after an accident has occurred or until he/she undergoes a post-accident alcohol test, whichever occurs first.
If a supervisor who has been trained in alcohol misuse and controlled substance abuse has reasonable suspicion to believe a driver has violated any part of 49 CFR 382, that driver will immediately make him/herself available for testing and will be driven to the test site.
8. Consequences and explanation of a refusal to submit: A refusal to submit to an alcohol or controlled substance test means that a driver 1) fails to provide adequate breath for testing, 2) fails to provide adequate urine for controlled substance testing, 3) engages in conduct that clearly obstructs the testing process, or 4) fails to show up at the testing location. The consequences are specified below.
9. The consequences for violating the prohibitions: If a driver is found to have violated the drug and alcohol prohibitions of Part 382 the driver will be removed immediately from performing safety-sensitive functions. If the prohibited conduct relates to alcohol misuse and the breath alcohol technician determines during the confirmation test that the breath alcohol concentration of the tested driver is above .01 the driver will be removed from service. Disciplinary action will be taken pursuant to the CSEA collective bargaining agreement. The intent of the Gateway Unified School
District is to proceed with termination of any employee violating the Drug and Alcohol Policy.
If the prohibited conduct relates to controlled substance abuse and the tested driver tests positive to any one or more of the five drugs tested according to the law, the driver will have the right to request the split sample be tested. This split sample test will be paid for by the driver. Upon receipt of the results of the split sample, if the positive test results are upheld, the driver will be removed from service. Disciplinary action will be taken pursuant to the CSEA collective bargaining agreement. The intent of the Gateway Unified School District is to proceed with termination of any employee violating the Drug and Alcohol Policy. If the split sample test reverses the initial test, the Gateway Unified School District shall reimburse the driver for all costs incurred for the split sample, and the driver shall return to duty.
The driver who has tested positive for either alcohol or controlled substances shall receive a list of resources available for referral, evaluation and treatment of drug or alcohol related problems. This list will include names, addresses, and telephone numbers of substance abuse and alcohol misuse professionals and counseling and treatment programs. The driver will be responsible for all costs incurred in these programs.
10. The consequences for alcohol concentration of 0.01g or greater, but less than 0.04g: On the first occasion in any two-year period in which a covered driver has a breath alcohol test result of 0.01g or greater, but less than 0.04g, he or she will be immediately removed from duty for a period of at least 24 hours. The time away from work may be considered leave of absence without pay. No further alcohol testing will be required prior to resuming work at the end of the 24 hour period.
The second occasion in any two-year period in which a covered driver has a breath alcohol test result of 0.01g or greater, but less than 0.04g, will be considered a violation of this Policy, and will subject the employee to disciplinary action up to and including discharge.
11. Split sample Testing: All split sample testing costs shall be paid for by the driver. If the split sample test reverses a positive test, the costs will be reimbursed by the Gateway Unified School District and the driver will return to duty.
Exhibit GATEWAY UNIFIED SCHOOL DISTRICT
version: July 20, 2011 Redding, California