The Board of Education recognizes the dangers inherent in alcohol and controlled substance use by employees especially those in safety-sensitive positions. To ensure the safety of its students and to comply with federal regulations, the Board requires alcohol and controlled substance testing of school bus drivers and other covered employees.
The district shall directly, by contract, or through a consortium, implement and conduct a program to provide alcohol and controlled substance testing of employees who operate a commercial motor vehicle, perform in a safety sensitive position, and are required to hold a commercial driver’s license. Such employees include:
- drivers of school vehicles which transport students;
- drivers of commercial motor vehicles whose manufacturer’s rating is 26,001 lbs. or more; or
- any other employee who may drive a listed vehicle (e.g. a mechanic who performs test drives).
Controlled substance and alcohol tests will be conducted at the time of employment and randomly throughout the school year. In addition, testing will be conducted when a supervisor has a reasonable suspicion that an employee has engaged in prohibited alcohol or controlled substance use; after certain accidents; prior to return to duty when the employee has been found to violate district policy and federal regulations; and after the employee’s return to duty.
In accordance with federal and state law, a bus driver will not be permitted to drive if he or she:
- possesses, consumes or is reasonably believed to possess or have consumed alcohol or a controlled substance, while on duty;
- uses or is under the influence of alcohol or a controlled substance within six hours or less before duty;
- has an alcohol concentration of 0.02 or higher, or tests positive for a controlled substance; or
- refuses to take a required alcohol or controlled substance test.
Also, no driver shall use alcohol after being involved in an accident in which there was a fatality or in which the bus driver was cited for a moving violation and a vehicle was towed from the scene or an injury was treated away from the scene until he/she has been tested or 8 hours have passed, whichever occurs first.
Any employee who is tested and found to have an alcohol concentration of at least 0.02, but less than 0.04, shall be removed from the position until his or her next regularly scheduled duty period, but not less than 24 hours following administration of the test. Any employee found to have violated this requirement may be disciplined in accordance with the provisions of the applicable collective bargaining agreement, district policy, and/or law.
If a driver has an alcohol concentration of 0.04 or greater, or has engaged in prohibited alcohol or controlled substance use, he or she will be removed from driving duties, and referred to a substance abuse professional. The employee may be required to complete a treatment program and/or be disciplined pursuant to district policy and/or collective bargaining agreement. No driver who has abused controlled substances and/or alcohol may return to duty unless he/she has successfully passed a required return to duty test. Thereafter, the driver will be subject to follow-up testing.
Should the district receive a dilute test result in which the creatinine concentration is greater than 5mg/dL in the case of any pre-employment, return-to-duty, follow-up, reasonable suspicion, or random test, it is the policy of the district that the individual shall be re-tested and that re-test will become the test of record.
The Superintendent of Schools shall ensure that a copy of this policy, the district’s policy on misuse of alcohol and use of controlled substances, information on alcohol and drug abuse and treatment resources and any other information prescribed by federal regulations is provided to all school bus drivers and other appropriate personnel prior to the initiation of the testing program and to each driver subsequently hired or transferred to a position subject to testing.
Cross-ref: 8414.1, Bus Driver Qualifications and Training
9320, Drug-Free Workplace
9610, Staff Substance Abuse
Ref: Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. §§31136; 31306
49 U.S.C. §521(b)
49 CFR Part 382
49 CFR Part 40
49 CFR §395.20
Vehicle and Traffic Law, §§509-1; 1192; 1193
Adopted January 10, 2006
Adopted January 19, 2010
Reviewed January 23, 2018