Standard Elementary SD | BP 4312.42, 4212.42,4312.42 Personnel
Drug And Alcohol Testing For School Bus Drivers
The Governing Board desires to ensure that district-provided transportation is safe for students, staff, and the public. To that end, the Superintendent or designee shall establish a drug and alcohol testing program for all district drivers and other employees who hold a commercial driver's license which is necessary to perform duties related to their employment with the district. This program shall be designed to fulfill the requirements of state and federal law.
(cf. 3540 - Transportation)
(cf. 3543 - Transportation Safety and Emergencies)
The district's testing program shall include pre-assignment drug testing and reasonable suspicion, random, post-accident, return-to-duty, and follow-up drug and alcohol testing of drivers. (49 USC 31306)
The Superintendent or designee shall contract for testing services and shall ensure that testing contractors and procedures are certified by the U.S. Department of Health and Human Services to conduct drug specimen analysis and to conform to the requirements of federal law.
(cf. 3542 - School Bus Drivers)
(cf. 4020 - Drug and Alcohol-Free Workplace)
No driver may operate a district vehicle when his/her blood alcohol content is found to be .01 percent or greater. A driver shall not consume alcohol while on duty or for four hours prior to on-duty time and up to eight hours following an accident or until he/she undergoes a post-accident test, whichever occurs first. A driver shall not report for duty or remain on duty that requires performing safety-sensitive functions when the driver uses a controlled substance, unless so instructed by a physician. (49 CFR 382.205, 382.207, 382.209; Vehicle Code 34520.3; 13 CCR 1213.1)
Any driver who tests positive for alcohol or drugs or who refuses to submit to a test shall be removed from safety-sensitive functions and may be subject to disciplinary action up to and including dismissal in accordance with law, administrative regulations, and the district's collective bargaining agreement.
(cf. 4117.4 - Dismissal)
(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
The Superintendent or designee shall ensure that each driver receives an explanation of the federal regulations and the district's policy and procedure in accordance with law. In addition, each driver shall sign a statement certifying that he/she has received a copy of the above materials. Representatives of employee organizations shall be notified of the availability of this information. (49 CFR 382.601)
(cf. 4112.9 - Employee Notifications)
Legal Reference:
EDUCATION CODE
35160 Authority of governing boards
VEHICLE CODE
34500-34520.5 Safety regulations
CODE OF REGULATIONS, TITLE 13
1200-1293 Motor carrier safety, especially:
1213.1 Placing drivers out-of-service
UNITED STATES CODE, TITLE 49
31306 Alcohol and controlled substances testing
41501-41507 Transportation Employee Testing Act
CODE OF FEDERAL REGULATIONS, TITLE 49
40.1-40.413 Part 40, Procedures for transportation workplace drug and alcohol testing programs
382.101-382.605 Controlled substance and alcohol use and testing; especially:
382.205 On-duty use
382.207 Pre-duty use
382.209 Use following an accident
Management Resources:
WEB SITES
California Highway Patrol: http://www.chp.ca.gov
U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance: http://www.dot.gov/ost/dapc
Policy STANDARD SCHOOL DISTRICT
adopted: September 12, 2006 Bakersfield, California