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Controlled Substance and Alcohol Testing: GBECA-R

  • Personnel: G
Controlled Substance and Alcohol Testing: GBECA-R
Updated

The following procedures for controlled substance and alcohol testing of commercial motor vehicle employees performing safety-sensitive functions are designed to implement the requirements of governing state and federal law. These procedures are not intended and shall not be construed to in any way limit or modify the requirements of governing state and federal law. School District employees are required to fully comply with the federal regulations implementing the law. In the event that any of these procedures conflict or are otherwise inconsistent with the mandatory requirements of governing state and/or federal law, the mandatory requirements of the governing state and/or federal law shall be controlling. The School District may elect to join a consortium which administers tests and performs related duties in accordance with the law.

Definitions:

1. A commercial motor vehicle is one which:

  • has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
  • has a gross vehicle weight rating of 26,001 or more pounds; or
  • is designed to transport 16 or more passengers, including the employee; or

d. is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act, and which require the motor vehicle to be placarded under the Hazardous Materials Regulations.

2. The performance of "safety sensitive" functions is defined as actually performing, being ready to perform or being immediately available to perform any of the following functions:

  • Waiting to be dispatched;
  • Inspecting, servicing or conditioning any commercial motor vehicle at any time;
  • All driving time. This includes all time spent at the controls of a commercial motor vehicle in operation;
  • All time other than driving time spent in any commercial motor vehicle. Thus, an employee who is required to hold a commercial employee's license and is present on a district commercial motor vehicle is subject to the testing requirements of this policy even if the employee is not operating the vehicle if such employee is "on duty,' as defined below;
  • All time spent performing the employee requirements relating to accidents;
  • All time repairing, obtaining assistance for or remaining in attendance of a disabled vehicle.

3. Employees subject to this policy are considered to be "on duty" for the purposes of controlled substance and alcohol testing at all times from the point when an employee begins work or is required to be ready for work through the time the employee is relieved from all responsibility for work. An employee who is on district property for an event unrelated to the performance of safety sensitive functions, such as school sports activities or other after hours functions, is not considered on duty.

4. The federal controlled substances testing regulations prescribe minimum safety standards to detect and deter the use of the following controlled substances:

  • marijuana
  • cocaine
  • opiates
  • amphetamines
  • phencyclidine

Prohibited Conduct

1. Alcohol-Related Prohibited Conduct - The following conduct involving alcohol is prohibited:

  • Reporting for or remaining on duty which requires the performance of safety sensitive functions while having an alcohol concentration of 0.02 or greater;
  • Possessing alcohol while on duty unless the alcohol is manifested and transported as part of an alcohol shipment. This includes medication, either prescribed or "over the counter," that contains alcohol;
  • Using alcohol while performing safety sensitive functions as defined above;
  • Performing safety sensitive functions within four hours after using alcohol;
  • Using alcohol within eight (8) hours following an accident, where such accident requires the employee to take a post-accident alcohol test under "Required Testing,' unless the employee has already completed the post-accident alcohol testing process.

2. Controlled Substance-Related Prohibited Conduct-The following conduct involving controlled substances is prohibited:

  • Reporting for or remaining on duty when the employee uses or tests positive for use of any controlled substance, unless the medical exemption applies. Any employee who uses a controlled substance pursuant to the instructions of a physician who has advised the employee that the substance, as prescribed, will not adversely affect the employee's ability to safely operate a commercial motor vehicle will not be considered to have violated this prohibition if the employee has used the controlled substance in no greater amount than that prescribed by the physician, and if the employee has informed the district of such prescribed use prior to the employee's performance of any safety sensitive function. An employee who believes s/he has a valid medical exception must prepare and return to his/her supervisor a "Controlled Substance Medical Exception Procedure' form. This form is included with this policy and is also available from the supervisors of departments with covered workers, or from the Human Resources Office. It is important to note that there is no medical exception for use of methadone or medicine taken or possessed by an employee, whether by prescription or "over the counter' that contains alcohol.

3. Refusals to Submitting to Testing-Refusal to submit to a controlled substance or alcohol test required under this policy is prohibited and will be cause for termination. A refusal to submit is defined as follow:

  • Failure to provide adequate breath for alcohol testing without a valid medical explanation after the employee has received notice of the requirement of a breath test in accordance with this policy;
  • Failure to provide adequate urine for a controlled substance test without a valid medical explanation after the employee has received notification of the requirement for urine testing according to this policy; or
  • Engaging in conduct that clearly obstructs the testing process.

Required Testing

1. Pre-employment Testing-Generally, covered employees must submit to alcohol and controlled substance tests prior to initially performing safety-sensitive functions for an employer. The school district is required to obtain certain information from previous employers as a condition of a new employee’s continued performance of safety sensitive functions. In addition, there are certain exceptions to the pre-employment testing requirement if a new employee has been previously tested within certain time periods and under certain conditions as specified in Federal regulations.

2. Post-accident testing

  • As soon as practicable after an accident involving one of its commercial motor vehicles, the School District must test each employee for drugs and alcohol:
    • Who was performing safety-sensitive functions with respect to the vehicle if the accident involved the loss of human life; or
    • Who received a citation under state or local law for a moving traffic violation arising from the accident.
  • If an alcohol test is not administered within two hours after the accident, the School District must prepare and maintain a record of the reasons why. 49 C.F.R. § 382.303(b)(1).
  • If an alcohol test is not administered within eight hours after the accident, the School District must cease attempts to administer the test and must prepare and maintain a record of the reasons why the test was not administered.
  • If a drug test is not administered within 32 hours after the accident, the School District must cease attempts to administer the test and must prepare and maintain a record of the reasons why the test was not administered.
  • Employees who are subject to post-accident testing shall remain readily available for the testing or may be deemed by the School District to have refused to submit to testing.

3. Random Testing

  • Unless modified by the Federal Highway Administration Administrator, the minimum annual percentage rate for random alcohol testing shall be 25% of the average number of employee positions.
    • An employee shall only be tested for alcohol while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions.
  • The minimum annual percentage rate for random drug testing shall be 50% of the average number of employee positions.
  • The selection of employees for random drug and alcohol testing shall be made by a scientifically valid method, such as a random number table of a computer-based random number generator that is matched with the employees' social security numbers, payroll identification numbers or other comparable identifying numbers. Under the selection process used, each employee shall have an equal chance of being tested each time selections are made.
  • The School District may join a consortium of employers for purposes of conducting random drug and alcohol tests. If it does so, the number of employees to be tested may be calculated for each individual employer or may be based on the total number of employees covered by the consortium who are subject to random drug and alcohol testing at the same minimum annual percentage rate.

4. Reasonable Suspicion Testing

  • The School District must require employees to submit to drug and/or alcohol tests when it has reasonable suspicion that they have violated any of the prohibitions specified in this document (except for possession of alcohol).
    • "Reasonable suspicion" must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee.
    • The required observations for drug and alcohol reasonable suspicion testing must be made by a supervisor or School District official who has received at least 60 minutes of training on alcohol misuse and an additional 60 minutes of training on drug use, both of which must cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of drugs.
    • The person who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test. Reasonable suspicion alcohol testing is authorized only for observations made during, just preceding or just after the period of the work day that the employee is performing safety-sensitive functions
    • If an alcohol test is not administered within two hours after the observation indicating reasonable suspicion, the School District must prepare and maintain a record of the reasons why. If an alcohol test is not administered within eight hours after the observation indicating reasonable suspicion, the School District must cease attempts to administer the test and must prepare and maintain a record of the reasons why the test was not administered.
  • No employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions when there is reasonable suspicion of alcohol misuse until a test is administered and the employee's alcohol concentration measures less than 0.02 or until 24 hours has elapsed after the observation indicating reasonable suspicion

5. Return-to-Duty Testing

  • Before an employee returns to duty requiring the performance of a safety-sensitive function after engaging in prohibited conduct as specified in this document:
    • If the prohibited conduct concerned alcohol, the employee shall undergo a return-to-duty alcohol test indicating an alcohol concentration of less than 0.02.
    • If the prohibited conduct concerned drugs, the employee shall undergo a return-to-duty drug test indicating a verified negative result for controlled substances use.

6. Follow-up Testing If a certified substance abuse professional determines that an employee is in need of assistance in resolving problems associated with alcohol misuse and/or the use of controlled substances the employee is subject to unannounced follow-up alcohol and/or controlled substance testing if returned to duty. All employees performing safety sensitive functions ar subject to termination if they test positive for drugs and/or alcohol.

  • There shall be at least six tests in the first 12 months following the employee's return to duty and testing shall not continue beyond 60 months from the date of the employee's return to duty.
  • Follow-up alcohol testing shall be conducted only when the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing safety-sensitive functions.

Administration

  1. All employees to whom this policy applies will be given a copy of the policy and procedures, including detailed testing procedures. Each employee will be required to sign a statement certifying receipt.
  2. It will be the responsibility of the Human Resource Administrator to ensure the implementation of controlled substance and alcohol testing.

Testing Procedures-General

To test reliably for the presence of drugs or alcohol, the district shall require urine samples and/or breath tests from employees and prospective employees, and shall require presentation of reliable identification of the person collecting the samples. Every effort shall be made to keep results confidential. Any drug or alcohol testing shall occur prior to, during or immediately after the regular work period of current employees and be deemed work time for purposes of compensation and benefits for current employees.

Disciplinary 'Procedures

1. Consequences for Self-Reporting. All employees subject to this policy/procedure who believe they may have a problem associated with controlled substance use or alcohol misuse may contact their immediate supervisor.

  • Employees subject to the requirements of this policy who come forward voluntarily for assistance with controlled substance use or alcohol misuse prior to selection for testing pursuant to this policy, shall not be subject to termination from their employment with the district merely for disclosing their need for assistance. However, the employee, upon determination of on the job alcohol and/orcontrolled substance impairment, shall be removed from performing safety-sensitive functions immediately, and shall not be allowed to return to a safety-sensitive function until the employee has been evaluated by a certified substance abuse professional, has complied with any treatment plan recommended by the certified substance abuse professional, and a determination has been made by the certified substance abuse professional that the employee may return to the safety-sensitive function. Counseling and rehabilitation services will be at the employees expense. Employees who voluntarily come forward for assistance shall be subject to return-to-duty and follow-up testing, as outlined under "Required Testing."
  • Employees may utilize accrued vacation and temporary leave, as well as unpaid Family Medical Leave, pursuant to district policies for such treatment plan up to a maximum of twelve weeks.
  • Employees who are not ready to perform safety-sensitive functions, as determined by the certified substance abuse professional, after twelve weeks, shall be subject to termination from their employment with the District.

2. On Call or Emergency Call-In Employee: Requirements. On call or emergency call-in employees who are asked to report to work to perform a safety sensitive function must notify their supervisor if they cannot perform a safety sensitive function due to controlled substance or alcohol use. The on call or emergency call-in employee will not be subject to discipline as outlined in this procedure, unless the employee admits to use of illegal drugs, but any multiple on-call or emergency call-in absences may be treated as other absences are treated, pursuant to district policy and negotiated agreements.

3. When an employee has an alcohol test result of greater than 0.02, employee will be subject to termination from employment with the school district.

4. When an employee has a verified positive test result for controlled substance use, the employee shall be subject to termination from employment with the district.

5. An employee who refuses to be tested for alcohol or controlled substance use as defined under "prohibited conduct’ will be subject to termination from employment with the district.

6. Additional grounds for which employees are subject to immediate termination from employment with the District, although unconnected to the Federal Highway Administration Rule are:

  • Employees convicted of selling alcohol or controlled substances on district owned or leased property;
  • Employees convicted of a felony involving off-site sale or distribution of controlled substances, while employed by the district.

Handling of Test Results, Record Retention and confidentiality

All records maintained by the district pursuant to this policy are strictly confidential. Employee information contained in these records may not be released except as required by law or as expressly authorized or required by the Federal Highway Administration Rule. The Rule authorizes release of employee information to the following individuals or agencies:

1. The United States Secretary of Transportation or any Department of Transportation Agency;

2. State or local officials with regulatory authority over the district or its employees.

3. The National Transportation Safety Board (NTSB) as part of an accident investigation. The information that may be disclosed to the NTSB is limited to postaccident tests administered or attempted following the accident in question;

4. Records specific to the employee may be obtained by the employee upon the employee's written request. The district may charge the employee a reasonable fee for the specific records requested;

5. A subsequent employer when requested in writing by the employee. This disclosure is limited to the specific records authorized in the employee's written request;

6. The decision-maker in a lawsuit, grievance or other proceeding involving an employee arising out of a test administered pursuant to this policy or a determination that the employee engaged in prohibited conduct. Such proceedings include, without limitation: worker's compensation, unemployment compensation or other benefitrelated proceedings; and,

7. Any other person when authorized in writing by the employee. The information released is limited to the specific information written in the employee's authorization.

8. The School District is required to maintain the following types of records:

  • Records related to the collection process;
  • Records related to an employee's test results;
  • Records related to other violations of the regulations;
  • Records related to evaluations;
  • Records related to education and training

9. The records must be maintained in a secure location with controlled access and must be made available for inspection at the School District's offices within two business days after a request has been made by an authorized representative of the Federal Highway Administration.

10. The School District is required to retain the various records specified in this document for the following periods of time:

  • Five-year retention period for:
    • •Records of employee alcohol test results indicating an alcohol concentration of 0.02 or greater.
    • •Records of employee verified positive drug test results
    • •Documentation of refusals to take required drug and/or alcohol tests
    • •Calibration documentation
    • •Employee evaluation and referrals
    • •A copy of each annual calendar year summary specified in this document
  • Two year retention period for records related to the drug and alcohol collection process (except calibration of evidential breath testing devices) and training.
  • One year retention period for records of negative and canceled drug test results and alcohol test results with a concentration of less than 0.02.

11. The School District must prepare and maintain an annual calendar year summary of the results of its drug and alcohol testing programs performed under the regulations.

  • The School District must complete the annual summary covering the previous calendar year by March 15.
  • The forms attached to this memorandum may be used for this purpose. The "EZ" report form may be used for any calendar year when there are only negative drug test results, alcohol test results of less than 0.02 and no other violations of the regulations
  • A consortium may prepare annual calendar year summaries and reports on behalf of individual employer, but each employer is responsible for ensuring the accuracy and timeliness of each report prepared on its behalf.