SECTION 7.1.23 - SUBSTANCE ABUSE TESTING POLICY FOR DRIVERS OF BUSES AND OTHER COMMERCIAL VEHICLES

1. To comply with the federal Omnibus Transportation Employees Testing Act of 1991 ("the Act"), it shall be a condition of employment for all school bus drivers, and any other employees of the Board who are required or permitted in connection with their employment to operate a commercial vehicle and possess a commercial driver's license ("covered employees"), to submit to periodic breath analysis or urinalysis to test for the use of alcohol or other drugs and controlled substances as set out in this Policy. Hereinafter in this Policy, the term "employee" shall mean "covered employee." The Superintendent is directed to promulgate regulations and standard operating procedures to effect the implementation of this policy consistent with the Act.

1. USE OF ALCOHOL AND CONTROLLED SUBSTANCES PROHIBITED
1. The use by any covered employee while driving a bus or other commercial vehicle, or while performing any "safety sensitive function" with respect to such a vehicle, of alcohol or any controlled substance, or of any other substance to a degree to which renders the employee incapable of safely operating a motor vehicle, is prohibited.
2. For purposes of this Policy, the term "controlled substance" means any drug, narcotic, or other substance the use or possession of which is prohibited or controlled by federal or state law or regulation. With respect to drugs, narcotics, and other substances the use or possession of which are not prohibited but are merely controlled by law, the term "controlled substance" shall mean any such drug, narcotic, or other substance which has been used or possessed in violation of such law or regulation. The Superintendent by regulation shall designate those controlled substances for which testing will be conducted as mandated or authorized by the Act and by regulations of the United States Department of Transportation, but at a minimum covered employees shall be tested for amphetamines (including methamphetamines), cocaine, THC (including but not being limited to marijuana and other cannabanoids), opiates, phencyclidine (PCP), or any derivative thereof. All references in this Policy to testing for controlled substances shall mean testing for those substances identified in the preceding sentence and for any other drug or substance identified in regulations promulgated hereunder by the Superintendent.
3. For purposes of this Policy, a covered employee will be deemed to be performing a "safety sensitive function" while being present on Board property waiting to be dispatched, inspecting or servicing a vehicle, operating a vehicle, being in or upon a vehicle while the vehicle is being operated, supervising or assisting in the loading or unloading of the vehicle, or repairing or obtaining assistance for or attending a disabled vehicle.
4. For purposes of this Policy, an employee will be deemed to be using alcohol or a controlled substance while driving a vehicle or performing a safety sensitive function if the employee partakes of, or ingests, any alcohol or controlled substance while working, or if the employee performs any such job functions while under the influence of alcohol or any controlled substance.
5. For purposes of this Policy, an employee will be deemed "under the influence of" alcohol if a test conducted pursuant to this Policy reveals that the employee's blood alcohol concentration (BAC), expressed in terms of grams of alcohol per 210 liters of breath, is 0.04 or higher. Moreover, an employee will be deemed under the influence of alcohol if the employee has consumed any alcohol within four hours of driving a vehicle or performing any safety sensitive functions. Employees discovered to have a BAC level of 0.04 or higher will automatically be subjected to the requirements of this Policy for return to duty testing, and follow up testing, and the requirement for an evaluation and counseling (as deemed appropriate) as set out in section IV of this Policy.

Employees found to have a blood alcohol content of less than 0.04 (but greater than 0.0) will not automatically be deemed to be under the influence of alcohol, and therefore absent observable indications that the employee’s ability to perform safety sensitive functions is impaired, will not be subject to the requirements of this Policy. Nonetheless, and any other provision in this Policy to the contrary notwithstanding, any employee whose ability to perform any safety sensitive function is found to be affected or impaired as a result of the use of alcohol will not be allowed to perform any safety sensitive function for the duration of such impairment, and will be deemed to be under the influence of alcohol and therefore subject to the requirements of this Policy for further testing and counseling and other forms of discipline as permitted herein. Moreover, any employee who has consumed any alcohol within four hours of driving a vehicle or performing any safety sensitive functions, or who evidences a BAC level of 0.02 or greater, but less than 0.04, will automatically be prevented from the further performance of safety sensitive functions until such time as the employee has complied with the Act as it pertains to such employees. The Superintendent may adopt regulations consistent with this Policy addressing the methods by which an employee revealing a BAC of less than 0.04 can be determined to be impaired in his or her ability to perform a safety sensitive function. Absent the promulgation of such regulations, any reasonable method for determining whether any such impairment exists may be utilized.

1. For purposes of this Policy, an employee will be deemed "under the influence of" a controlled substance if a urinalysis or other test conducted pursuant to this Policy reveals the presence of any level of any controlled substance. An employee will not be deemed under the influence of a controlled substance if the controlled substance is contained in a medication for which the employee has been given a prescription by a physician or other person licensed to prescribe drugs or medications, and the employee has taken the medication in accordance with the dosage set out in the prescription.

1. PERIODIC TESTING

In order to ensure full compliance with this Policy, all covered employees shall be required to submit to periodic testing for the presence of alcohol or controlled substances, by means of breath analysis tests or urinalysis, whenever requested to do so by the Board. Participation by all covered employees is required. Any employee refusing to submit to a test when requested shall be subject to disciplinary action pursuant to Policy Section 7.3.5. The Board, or its agents, will administer such tests routinely or periodically at the following times or upon the occurrence of the following events:

1. Pre-employment and Pre-performance Testing: Prior to the first time that any new covered employee performs any job functions, or prior to the time that any current employee first performs any safety sensitive functions as a result of a transfer into a position requiring the performance of safety sensitive functions, the employee will be tested for alcohol or controlled substances. The Superintendent is authorized to adopt regulations which provide for exceptions for employees who have been successfully tested within the previous six months for alcohol or controlled substances by a testing method that conforms to the requirements of the Act.

As part of a job application, an applicant for a position as a driver will be required to execute appropriate releases and consents allowing the Board to obtain from the applicant's previous employers any records pertaining to the applicant's use of alcohol or controlled substances within the previous two years, including records of test results showing a BAC level of 0.04 or greater, or showing the presence of any controlled substance, or indicating that the applicant has refused to be tested.

1. Post-Accident Testing: Following an accident involving a commercial vehicle owned by the Board, the Board will test any covered employee who receives a traffic citation from a moving traffic violation arising from the accident, or in the event the accident results or may reasonably be anticipated to result in a loss of life, any covered employee who was performing a safety sensitive function with respect to the vehicle at the time of the accident.

Any covered employee subject to being tested following an accident shall remain available for such testing for a period of up to eight hours following the accident or until such testing has been performed, or such employee shall be deemed to have refused to consent to being tested.

For purposes of this paragraph, an "accident" is any use of a vehicle which results in personal injuries or property damage.

1. Random Testing: The Board will conduct random unannounced testing of all covered employees, at such times as the Board or the Superintendent shall deem appropriate. No covered employee will be removed from the random sampling pool for any period of time by virtue of having been required at any time to submit to random testing. The selection of drivers to be tested randomly shall be based on a scientifically valid method for random selection, as permitted by the Act or any regulations promulgated there under. Any covered employee notified of selection for random testing shall proceed immediately (or as soon thereafter as possible) to the testing site.

1. Reasonable Suspicion Testing: The Board may test any covered employee who exhibits behavior which gives rise to a reasonable suspicion on the part of the employee's supervisor that the employee has violated the prohibitions of this Policy with respect to alcohol or controlled substances. In the absence of any testing, a covered employee whose conduct gives rise to a reasonable suspicion of impairment from alcohol or controlled substances shall perform no safety sensitive functions with respect to any vehicle until at least 24 hours have elapsed, or an alcohol test reveals a BAC level of less than 0.02 and the employee evidences no impairment as a result of alcohol use, whichever first occurs.

1. Return to Duty Testing: Any covered employee who has violated the provisions of this Policy shall be tested for the presence of alcohol or controlled substances, as the case may be, before being allowed to operate a vehicle or perform any safety sensitive function. In the case of a violation of a prohibition related to alcohol, the return to duty test for alcohol must reveal a BAC of less than 0.02 and the employee must evidence no impairment in his or her ability to perform safety sensitive functions as a result of alcohol use.

1. Follow-Up Testing: In the event of a determination that a covered employee is in need of counseling or other assistance resolving problems related to the abuse or misuse of alcohol or controlled substances, the employee shall submit to periodic testing as determined by the counselor, but in any case consisting of not less than six (6) tests in the first twelve months following the employee's return to duty.

1. REFERRAL TO COUNSELING

Before any covered employee who violates any prohibitions set out in this Policy is allowed to return to employment with the Board the employee shall be referred for evaluation and counseling through the Board’s Employee Assistance Program (EAP) to determine what assistance, if any, is needed to assist the employee in resolving problems associated with abuse of alcohol or controlled substances. The Superintendent or his designee shall assist the employee in contacting the EAP for a substance abuse assessment and recommendations to resolve such problems. It shall be the responsibility of the employee to pay for any costs associated with recommended counseling or treatment. It shall be a condition for continued employment that the employee shall successfully comply with all recommendations of the EAP for counseling or treatment. Any such counseling or treatment program shall include follow-up testing as provided above. Nothing in this paragraph shall obligate the Board to offer continued employment to any covered employee who violates any of the prohibitions of this Policy.

1. TESTING PROCEDURES, RECORD RETENTION, AND CONFIDENTIALITY

The Superintendent shall promulgate regulations to ensure that all testing, record-keeping and retention, and confidentiality of records, shall comply with the Act and the regulations of the Federal Department of Transportation promulgated there under, as they may be amended from time to time.

1. PENALTIES FOR VIOLATIONS

Covered employees may be disciplined by the Board for any violation of this Policy, including without limitation the use of alcohol or controlled substances on the job, the performance of safety sensitive functions or other job duties while under the influence of alcohol or controlled substances, the refusal to be tested in accordance with this Policy, the refusal to execute a release form as required by this Policy, or the refusal to comply with treatment or counseling as recommended by the Employee Assistance Program. Discipline may include suspension (with or without pay), placement on probation, or termination.

ADOPTED:     November 19, 1994
REVISED:       October 23, 1995; January 26, 1998; March 25, 2002