Board Policies


Adoption Date: Jun 09, 2004
4162 - DRUG AND ALCOHOL TESTING OF CDL LICENSE HOLDERS

The Board believes that the safety of students while being transported to and from school or school activities is of utmost importance and is the primary responsibility of the driver of the school vehicle. To fulfill such a responsibility, each driver, as well as others who perform safety-sensitive functions with Corporation vehicles must be mentally and physically alert at all times while on duty. To that end, the Board has established this policy and others related to employees’ health and well-being.

For the purposes of this policy and the guidelines associated with this policy, the following definitions shall apply.
 
A. The term illegal drug means drugs and controlled substances, the possession or use of which is unlawful, pursuant to Federal, State, and local laws and regulations.

B. The term controlled substance includes any illegal drug and any drug that is being used illegally, such as a prescription drug that was not legally obtained or not used for its intended purpose or in its prescribed quantity. The term does not include any legally-obtained prescription drug used for its intended purpose in its prescribed quantity unless such use would impair the individual’s ability to perform safety-sensitive functions.

C. The term CDL license holder means all regular and substitute bus drivers, other staff members who may drive students in Corporation vehicles or inspect, repair, and maintain Corporation vehicles.

D. The term while on duty means from the time the CDL license holder begins to work or is required to be in readiness for work until the time s/he is relieved from work and all responsibility for performing work.

The Board concurs with the Federal requirement that all CDL license holders should be free of any influence of alcohol or controlled substances while on duty. In furtherance of that requirement, the Board directs the Superintendent to establish a drug and alcohol testing program whereby each regular and substitute bus driver, as well as any other staff member who holds a CDL license, is tested for the presence of alcohol in his/her system as well as for the presence any controlled substances in his/her system.

The drug tests are to be conducted in accordance with Federal and State regulations:

A. prior to employment;

B. for reasonable cause ;

C. after any accident ;

D. on a random basis; and,

E. on a follow-up basis.

DRUG AND ALCOHOL TESTING OF CDL LICENSE HOLDERS

The Superintendent shall submit, for Board approval, a contract with a certified laboratory to provide services for implementation of the Department of Transportation rules including the following services:

A. testing of all first and second samples;

B. methodology and procedures for conducting random tests for controlled substances and alcohol; and,

C. preparation and submission of all required reports to the Corporation, and to Federal and State governments.

The Superintendent shall also select the agency or persons who will conduct the alcohol breathalyzer tests, and the drug collection site(s) in accordance with the requirements of the law.

References:
49 C.F.R. 382.101 et seq.

49 C.F.R. Part 40
This page was last modified: