Universal precautions (UP) are intended to prevent transmission of infection, as well as decrease the risk of exposure for employees and students. It is not currently possible to identify all infected individuals, thus precautions must be used with every individual. UP pertain to blood and other potentially infectious materials (OPIM) containing blood. These precautions do not apply to other body fluids and wastes (OBFW) such as saliva, sputum, feces, tears, nasal secretions, vomitus and urine unless blood is visible in the material. However, these OBFW can be sources of other infections and should be handled as if they are infectious. The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations. Based on the type of possible contact, employees and students should be prepared to use the appropriate precautions prior to the contact. Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control. All individuals should respond to situations practicing UP followed by the activation of the school response team plan. Using common sense in the application of these measures will enhance protection of employees and students.

Hand Washing

Proper hand washing is crucial to preventing the spread of infection. Textured jewelry on the hands or wrists should be removed prior to washing and kept off until completion of the procedure and the hands are rewashed. Use of running water, lathering with soap and using friction to clean all hand surfaces is key. Rinse well with running water and dry hands with paper towels.

• Hands should be washed before physical contact with individuals and after contact is completed.
• Hands should be washed after contact with any used equipment.
• If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.
• Hands should be washed whether gloves are worn or not and, if gloves are worn, after the gloves are removed.

Barriers

Barriers anticipated to be used at school include disposable gloves, absorbent materials and resuscitation devices. Their use is intended to reduce the risk of contact with blood and body fluids as well as to control the spread of infectious agents from individual to individual. Gloves should be worn when in contact with blood, OPIM or OBFW. Gloves should be removed without touching the outside and disposed of after each use.

Disposal of Waste

Blood, OPIM, OBFW, used gloves, barriers and absorbent materials should be placed in a plastic bag and disposed of in the usual procedure. When the blood or OPIM is liquid, semi-liquid or caked with dried blood, it is not absorbed in materials, and is capable of releasing the substance if compressed, special disposal as regulated waste is required. A band-aid, towel, sanitary napkin or other absorbed waste that does not have the potential of releasing the waste if compressed would not be considered regulated waste. It is anticipated schools would only have regulated waste in the case of a severe incident. Needles, syringes and other sharp disposable objects should be placed in special puncture-proof containers and disposed of as regulated waste. Bodily wastes such as urine, vomitus or feces should be disposed of in the sanitary sewer system.

Clean up

Spills of blood and OPIM should be cleaned up immediately. The employee should:

• Wear gloves.
• Clean up the spill with paper towels or other absorbent material.
• Use a solution of one part household bleach to one hundred parts of water (1:100) or other EPA-approved disinfectant and use it to wash the area well.
• Dispose of gloves, soiled towels and other waste in a plastic bag.
• Clean and disinfect reusable supplies and equipment.

Laundry

Laundry with blood or OPIM should be handled as little as possible with a minimum of agitation. It should be bagged at the location. If it has the potential of releasing the substance when compacted, regulated waste guidelines should be followed. Employees who have contact with this laundry should wear protective barriers.

Exposure

An exposure to blood or OPIM through contact with broken skin, mucous membrane or by needle or sharp stick requires immediate washing, reporting and follow-up.

• Always wash the exposed area immediately with soap and water.
• If a mucous membrane splash (eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly.
• If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.

The exposure should be reported immediately, the parent or guardian is notified, and the person exposed contacts a physician for further health care.

 

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

The Disease

Hepatitis B is a viral infection caused by the Hepatitis B virus (HBV) which causes death in 1-2% of those infected. Most people with HBV recover completely, but approximately 5-10% become chronic carriers of the virus. Most of these people have no symptoms, but can continue to transmit the disease to others. Some may develop chronic active hepatitis and cirrhosis. HBV may be a causative factor in the development of liver cancer. Immunization against HBV can prevent acute hepatitis and its complications.

The Vaccine

The HBV vaccine is produced from yeast cells. It has been extensively tested for safety and effectiveness in large scale clinical trials.

Approximately 90 percent of healthy people who receive two doses of the vaccine and a third dose as a booster achieve high levels of surface antibody (anti-HBs) and protection against the virus. The HBV vaccine is recommended for workers with potential for contact with blood or body fluids. Full immunization requires three doses of the vaccine over a six-month period, although some persons may not develop immunity even after three doses.

There is no evidence that the vaccine has ever caused Hepatitis B. However, persons who have been infected with HBV prior to receiving the vaccine may go on to develop clinical hepatitis in spite of immunization.

Dosage and Administration

The vaccine is given in three intramuscular doses in the deltoid muscle. Two initial doses are given one month apart and the third dose is given six months after the first.

Possible Vaccine Side Effects

The incidence of side effects is very low. No serious side effects have been reported with the vaccine. Ten to 20 percent of persons experience tenderness and redness at the site of injection and low grade fever. Rash, nausea, joint pain, and mild fatigue have also been reported. The possibility exists that other side effects may be identified with more extensive use.

******************************************************************************

CONSENT OF HEPATITIS B VACCINATION

I have knowledge of Hepatitis B and the Hepatitis B vaccination. I have had an opportunity to ask questions of a qualified nurse or physician and understand the benefits and risks of Hepatitis B vaccination. I understand that I must have three doses of the vaccine to obtain immunity. However, as with all medical treatment, there is no guarantee that I will become immune or that I will not experience side effects from the vaccine. I give my consent to be vaccinated for Hepatitis B.

_____________________________________________		__________________
Signature of Employee (consent for Hepatitis B vaccination)		Date
______________________________________________		__________________
Signature of Witness		Date

******************************************************************************

REFUSAL OF HEPATITIS B VACCINATION

I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring the Hepatitis B virus infection. I have been given the opportunity to be vaccinated with Hepatitis B vaccine at no charge to myself. However, I decline the Hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring Hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with the Hepatitis B vaccine, I can receive the vaccination series at no charge to me.

______________________________________________		__________________
Signature of Employee (refusal for Hepatitis B vaccination)		Date
______________________________________________		__________________
Signature of Witness		Date

   

I refuse because I believe I have (check one)

_____ started the series _____ completed the series

******************************************************************************

RELEASE FOR HEPATITIS B MEDICAL INFORMATION

I hereby authorize _____________________ (individual or organization holding Hepatitis B records and address) to release to the _____________________ Community School District, my Hepatitis B vaccination records for required employee records.

I hereby authorize release of my Hepatitis B status to a health care provider, in the event of an exposure incident.

______________________________________________		__________________
Signature of Employee		Date
______________________________________________		__________________
Signature of Witness		Date

******************************************************************************

CONFIDENTIAL RECORD

                                                                                                                                                                                                      

                                 Employee Name (last, first, middle)                                                             Social Security No.

Job Title:                                                                                                       

	Hepatitis B Vaccination Date		Lot Number		Site			Administered by
1	________________________		______		__			_____
2	________________________		______		__			_____
3	________________________		______		__			_____
Additional Hepatitis B status information: _____________________________________________
Post-exposure incident: (Date, time, circumstances, route under which exposure occurred)__________________________________________________________________
Identification and documentation of source individual: __________________________________________________________________________
Source blood testing consent: ________________________________________________________________________________________________________________________________
Description of employee's duties as related to the exposure incident: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________
Copy of information provided to health care professional evaluating an employee after an exposure incident: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________
Attach a copy of all results of examinations, medical testing, follow-up procedures, and health care professional's written opinion.
Training Record: (date, time, instructor, location of training summary) ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________

 

 Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

Name of complainant:

 

Position of complainant:

 

Date of complaint:

 

Name of alleged harasser:

 

Date and place of incident or incidents:

 

 

Description of misconduct:

 

 

Name of witnesses (if any):

 

 

 

 

Evidence of harassment, Le., letters, photos, etc. (attach evidence if possible):

 

 

Any other information:

 

 

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature:                                                                               Date:

 

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

Name of witness:

 

Position of witness:

 

Date of testimony, interview:

 

Description of instance witnessed:

 

 

 

 

 

 

 

 

 

Any other information:

 

 

 

 

 

I agree that all of the information on this form is accurate and true to the best of my

knowledge.

 

Signature:                                                                               Date:

 

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

Harassment of employees and students will not be tolerated in the school district. School district includes school district facilities, school district premises, and

non school property if the employee or student is at any school sponsored, school approved or school related activity or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

Harassment includes, but is not limited to, racial, religious, national origin, age, disability and sexual harassment. Harassment by board members, administrators, employees, parents, vendors, and others doing business with the school district is prohibited. Employees whose behavior is alleged to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, discharge or other appropriate action. Other individuals whose behavior is alleged to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or board.

Sexual harassment shall include, but not be limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

            .submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

            .submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

            .such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile,
             or offensive working environment.

Other types of harassment may include, but not be limited to, jokes, stories, pictures or objects that are offensive, tend to alarm, annoy, abuse or demean certain individuals and groups.

 

COMPLAINT PROCEDURE

An employee or student who believes that they have been harassed shall notify

the designated investigator or alternate investigator. The investigator may request that the employee or student complete the Harassment Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures. Information received during the investigation shall be kept confidential to the extent possible.

The investigator, with the approval of the superintendent, or the superintendent has the authority to initiate a harassment investigation in the absence of a written complaint.

 

INVESTIGATION PROCEDURE

The investigator shall reasonably and promptly commence the investigation upon receipt of the complaint. The investigator shall interview the complainant and the alleged harasser. The alleged harasser may file a written statement refuting or explaining the behavior outlined in the complaint. The investigator may also interview witnesses as deemed appropriate.

Upon completion of the investigation, the investigator shall report to the superintendent. The investigator will outline the findings of the investigation to the superintendent.

 

RESOLUTION OF THE COMPLAINT

The superintendent will complete the next step in the investigation reasonably and promptly upon receipt of the investigator's report. Following the investigator's report, the superintendent may investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline up to and including discharge.

Prior to the determination of the appropriate remedial action, the superintendent may, at the superintendent's discretion, interview the complainant and the alleged harasser. The superintendent shall file a written report closing the case. The complainant, the alleged harasser and the investigator shall receive notice as to the conclusion of the investigation.

 

POINTS TO REMEMBER IN THE INVESTIGATION

            .Evidence uncovered in the investigation is confidential.

            ·Complaints must be taken seriously and investigated.

            .No retaliation will be taken against individuals involved in the investigation process.

            .Retaliators will be disciplined up to and including discharge.

 

CONFLICTS

If the investigator is the alleged harasser or a witness to the incident, the alternate investigator shall be the investigator.

If the alleged harasser is the superintendent, the alternate investigator shall take the superintendent's place in the investigation process. The alternate investigator shall report the findings to the board.

 

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

A superintendent who suspects an employee has a substance abuse problem will follow these procedures:

1. Identification - the superintendent will document the evidence the superintendent has which leads the superintendent to conclude the employee has violated the Substance-Free Workplace policy. After the superintendent has determined there has been a violation of the Substance-Free Workplace policy, the superintendent will discuss the problem with the employee.
2. Discipline - if, after the discussion with the employee, the superintendent determines there has been a violation of the Substance-Free Workplace policy, the superintendent may recommend discipline up to and including termination [ or may recommend the employee seek substance abuse treatment ]. Participation in a substance abuse treatment program is voluntary.
3. Failure to participate in referral - if the employee refuses to participate in a substance abuse treatment program or if the employee does not successfully complete a substance abuse treatment program, the employee may be subject to discipline up to and including termination.
4. Conviction - if an employee is convicted of a criminal drug offense committed in the workplace, the employee must notify the employer of the conviction within five days of the conviction.

   

EMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcohol, as defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and Iowa Code Chapter 124.

"Workplace" is defined as the site for the performance of work done in the capacity as an employee. This includes school district facilities, other school premises or school district vehicles. Workplace also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

Employees who violate the terms of the Substance-Free Workplace policy may be required to successfully participate in a substance abuse treatment program approved by the board.  The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy. If the employee fails to successfully participate in such a program the employee is subject to discipline up to and including termination.

EMPLOYEES ARE FURTHER NOTIFIED it is a condition of their continued employment that they comply with the above policy of the school district and will notify their supervisor of their conviction of any criminal drug statute for a violation committed in the workplace, no later than five days after the conviction.

******************************************************************************

SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM

I, ____________________________________ , have read and understand the Substance-Free Workplace policy. I understand that if I violate the Substance-Free Workplace policy, I may be subject to discipline up to and including termination or I may be required to participate in a substance abuse treatment program . If I fail to successfully participate in a substance abuse treatment program, I understand I may be subject to discipline up to and including termination. I understand that if I am required to participate in a substance abuse treatment program and I refuse to participate, I may be subject to discipline up to and including termination. I also understand that if I am convicted of a criminal drug offense committed in the workplace, I must report that conviction to my supervisor within five days of the conviction.

______________________________________		_______________________
(Signature of Employee)		(Date)

 

 

Approved:  May 2020

 

I, (   Name of Employee   ), have received a copy, read and understand the Drug and Alcohol Testing Program policy of the Dunkerton Community School District and its supporting documents.

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents or the law, I may be subject to discipline up to and including termination.

I also understand that I must inform my supervisor of any prescription medication I use.

In addition, I have received a copy of the U.S. DOT publication, "What Employees Need to Know about DOT Drug & Alcohol Testing," and have read and understand its contents.

Furthermore, I know and understand that I am required to submit to a controlled substance (drug) test, the results of which must be received by this employer before being employed by the school district and before being allowed to perform a safety-sensitive function. I also understand that if the results of the pre-employment test are positive, that I will not be considered further for employment with the school district.

I further understand that drug and alcohol testing records and information about me are confidential, and may be released at my request or in accordance with the district's drug and alcohol testing program policy, its supporting documents or the law.

_______________________________________		_____________________
(Signature of Employee)		(Date)

 

I,  (   Name of Employee   ), understand that as part of my employment in a position that requires a commercial driver’s license in the Dunkerton Community School District, I grant consent for the District to conduct queries of the Federal Motor Carrier Safety Administration (“FMCSA”) Commercial Driver’s License Drug and Alcohol Clearinghouse to determine whether drug or alcohol violation information about me exists in the Clearinghouse.  I further consent to the District sharing information related to my drug and alcohol testing results with prior, current and future employers, as well as the FMCSA Clearinghouse in accordance with state and federal laws.

I understand that the District will check and perform queries of my drug and alcohol testing results prior to my employment in any position which requires the use of a commercial driver’s license.  I further understand the District will check and perform queries of my testing results annually and is required to report any drug and alcohol violations of this policy to the FMCSA Clearinghouse.

I understand that I am not required to consent to the query of the FMCSA Clearinghouse or the District sharing of drug and alcohol testing information with past, present or future employers or the FMCSA Clearinghouse; but that without my consent I understand I will be prohibited from performing safety sensitive functions, including driving a commercial motor vehicle, as required by FMCSA’s drug and alcohol program regulations.

I hereby give my consent to the District to perform queries of the FMCSA Clearinghouse and share my drug and alcohol testing results with past, present and future employers, as well as the FMCSA Clearinghouse.

            

________________________________________  ________________________
(Signature of Employee)                                                                (Date)

 

Acceptable Proof of Vaccination Status

To satisfy the vaccination requirement within this policy, employees must submit to the Superintendent or Superintendent’s designee acceptable proof of vaccination status no later than January 10, 2021.  Acceptable proof of vaccination status includes:

1. Immunization records from a healthcare provider or pharmacy;
2. A copy of a COVID-19 Vaccination Record Card;
3. A copy of medical records documenting immunization;
4. A copy of immunization records from a public health, state or tribal immunization information system;
5. Any other official documentation that contains the type of vaccine administered, dates of administration, and the name of the administering health provider or clinic;
6. If any other records are unavailable a signed and dated personal attestation statement.

Any employee who fails to provide acceptable proof of vaccination status may face disciplinary action up to and including termination.

Record Keeping

The district is required by law to keep a roster of the vaccination status of all employees. Employees will be considered unvaccinated until their vaccination status can be determined.

Any records showing proof of employee vaccination status the district maintained prior to November 5, 2021 will be considered sufficient proof of the employee’s vaccination status.

Any records related to an employee’s vaccination status, including the employee vaccination status roster, will be considered confidential employee medical records not subject to public disclosure and stored as employee medical records consistent with law.  These records will be maintained by the district for as long as 29 C.F.R. 1910.501 remains in effect.

Testing

Beginning February 9, 2022, employees who are not fully vaccinated must submit proof of negative COVID-19 test results every 7 days.  Documentation of negative test results must be provided to the district no later than every 7 days.  Employees who are not fully vaccinated and do not report to work for longer than 7 days (ex. an employee on vacation or on leave) must provide documentation of a negative test result upon their return to work.  If the employee fails to provide proof of a negative test result, the district must keep the employee removed from the workplace until the negative test result documentation is provided.

Employees who receive a positive COVID-19 test result or have been diagnosed with COVID-19 by a licensed healthcare provider; are not required to produce another test result for 90 days from the date of their positive result.

Positive Test Results

Regardless of vaccination status, employees must report any positive COVID-19 test results or a diagnosis of COVID-19 by a licensed healthcare provider to the district.  Any employee so reporting will be immediately removed from the workplace and will stay removed from the workplace until any of the following occur:

• The employee receives a negative result on a COVID-19 nucleic acid amplification test (NAAT) following a positive result on a COVID-19 antigen test if the employees chooses to seek the confirmatory test
• The employee meets the return to work criteria in the CDC’s “Isolation Guidance” listed here: https://www.cdc.gov/coronavirus/2019-ncov/your-health/quarantine-isolation.html
• The employee receives a recommendation to return to work from a licensed healthcare provider.

New Employees

New employees will be subject to the provisions of this policy upon hire as soon as practicable.  Within 7 days of hire, new employees will provide proof of their vaccination status to the district in accordance with the requirements of this policy.  Unless fully vaccinated, new employees will abide by the testing and face covering requirements of this policy within 7 days of hire.

Leave

As required by 29 C.F.R. 1910.501, the district will provide up to 4 hours of paid leave to cover the time required to travel to and obtain each dose of the primary vaccination for COVID-19.  If additional time is required, the employee may use other accrued leave available.  The district will also provide reasonable paid sick leave to employees to recover from any effects of each primary dose of COVID-19 vaccine.  The district may require employees to use previously accrued paid sick leave first.

Employees Excluded

Employees who work fully remote from the job site; employees working from home; and employees who work exclusively outdoors are excluded from the vaccination, testing and face covering requirements of this policy.  Employees fully remote from the job site does not include employees whose work requires them to work off site from the district but in the presence of students or employees of the district.  Employees who work exclusively outdoors means those individuals who do not spend any part of their work time indoors.

Face Coverings

Beginning January 10, 2021, face coverings must be worn by all employees who have not provided proof of full vaccination status to the district.  Face coverings will be worn when employees are working indoors, in vehicles or other enclosed spaces.  Face coverings are not required to be worn when employees are: working alone in a room with floor to ceiling walls and a closed door; verifying identity for security purposes or eating/drinking; when an employee is wearing a respirator or facemask; or where the district can show that the use of a face covering is infeasible or creates a greater hazard.  The face covering must fully cover the employee’s nose and mouth; and be replaced when wet, soiled or damaged.

Reporting Requirements of the District

The district will report to OSHA:

• Each work-related COVID-19 fatality within 8 hours of the employer learning about the fatality;
• Each work-related COVID-19 inpatient hospitalization within 24 hours of the employer learning about the inpatient hospitalization.

The district will report to individual employees or anyone having written authorized consent of the employee by the end of the next business day after the request is made:

• Documentation of any COVID-19 test results for that employee;
• The aggregate number of fully vaccinated employees at a workplace along with the total number of employees at that workplace.

The district will provide to the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or their designee:

• A copy of this policy, and the aggregate number of fully vaccinated employees at a workplace along with the total number of employees at that workplace, to be provided within 4 business hours of the request being made; and
• All other records and supporting documents related to this policy by the end of the next business day of the request being made.

 

For additional information on COVID-19 vaccine efficacy, safety, and the benefits of being vaccinated, please consult the following document “Key Things to Know About COVID-19 Vaccines” https://www.cdc.gov/coronavirus/2019-ncov/vaccines/keythingstoknow.html

29 C.F.R. 1904.34(b)(1)(iv) prohibits the employer from discharging or in any manner discriminating against an employee for reporting a work-related injury or illness.

11(c) of the Occupational Safety and Health Act prohibits the employer from discriminating against an employee for exercising rights under, or as a result of actions that are required by, this policy.  11(c) also protects employees from retaliation by the employer for filing an occupational safety or health complaint, reporting a work-related injury or illness, or otherwise exercising any rights provided by the OSH Act.

18 U.S.C. 1001 and section 17(g) of the OSH Act provide for criminal penalties associated with knowingly supplying false statements or documentation in accordance with this policy.

 

I, ____________________ as an employee of the District do personally attest to the following:

1. My vaccination status for COVID-19 is ________________ [fully vaccinated or partially vaccinated].
2. To the best of my recollection, I can provide the following information about my vaccination status:  ___________________________ [type of vaccine administered, date(s) of administration, name of health care providers and clinic site]
3. I have lost proof of my vaccination status and am otherwise unable to provide proof of my vaccination status.
4. I declare that this statement about my vaccination status is true and accurate.  I understand that knowingly providing false information regarding my vaccination status on this form may subject me to criminal penalties.

   

___________________________________  ________________________
Employee                                                                          Date

 

Date:
Employee Name:
Email Address:
Position/Job Title:
Employee Telephone Number:
Employment Location:

(1) What is the basis for the medical accommodation that you are requesting?        

 

(2) What are you requesting an accommodation from?

Item	Yes/No
Vaccination for COVID-19
Testing for COVID-19
Use of Face Coverings

___________________________________  ________________________________
Employee Signature                                                         Date

         

--------------------------------------------------------------------------

Office Use

This request has been:

______________________________  ________________________________
Approved                                                                 Denied

_______________________________________________________________
Administrator                                                                Date

 

Date:
Employee Name:
Email Address:
Position/Job Title:
Employee Telephone Number:
Employment Location:

(1) Please identify the policy requirement or practice that conflicts with your sincerely held religious observance, practice or belief:

  

  

 

(2) Please describe the nature of your sincerely held religious beliefs or religious practice or observance that conflict with the policy or practice you have identified above:

  

  

(3) What are you requesting an accommodation from?

Item	Yes/No
Vaccination for COVID-19
Testing for COVID-19
Use of Face Coverings

  

___________________________________  ________________________________

Employee Signature                                       Date

--------------------------------------------------------------------------------

Office Use

This request has been:

______________________________  ________________________________
Approved                                                                    Denied

_______________________________________________________________ 
Administrator                                                                Date

 

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand, one pounds or more.  For purposes of the drug and alcohol testing program, "employees" also includes applicants who have been offered a position to operate a school vehicle.  The employees operating a school vehicle are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program.

It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements.  Employees with questions regarding the drug and alcohol testing requirements will contact the school district contact person.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents and the law.  It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using.  Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents or the law.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion, post-accident, return-to-duty, and follow-up drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.

 

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

I,                                              (name of employee) , have received a copy, read and understand the Drug and Alcohol Testing Program policy and its supporting administrative regulations. I consent to submit to the drug and alcohol testing program as required by the Drug and Alcohol Testing Program policy, its supporting administrative regulations and the law.

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting administrative regulations or the law, I may be subject to discipline up to and including termination or I may be required to successfully participate in a substance abuse evaluation and, if recommended, a substance abuse treatment program. If I am required to and fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program, I understand I may be subject to discipline up to and including termination.

I also understand that I must inform my supervisor of any prescription medication I use. I further understand that drug and alcohol testing records about me are confidential and may be released in accordance with this policy, its supporting administrative regulations or the law.

 

 

(Signature of Employee)

 

 

(Date)

 

 

 

Approved: November 1995      
Reviewed: January 2017, May 2020

 

Name (print)                                                               Social Security Number

 

The following records should be on file prior to, and must be no later than 14 days of, your performing a safety-sensitive function for the school district. Without these records from your prior employers you will be unable to perform a safety-sensitive function for the school district and will no longer be employed by the school district at the expiration of the 14-day period.

I authorize release of the following records related to my participation in a U.S. DOT approved and/or other drug and alcohol testing program for the prior two years:

                      ·Alcohol test results of 0.04 breath alcohol concentration or greater;

                      ·Positive drug test results;

                      ·Refusals to be tested for drugs or alcohol;

                      ·Substance abuse evaluations;

                      ·Recommended treatment by a substance abuse professional;

                      ·Completion of treatment recommended by a substance abuse professional; and

                      ·Other information related to violations of U.S. DOT drug and alcohol regulations.

 

Signature                                                                                 Date

 

 

RECORDS TO BE RELEASED FROM:

 

Company Name:

 

Address:

 

Telephone/other:

 

RECORDS TO BE RELEASED TO:

 

School District Contact Person:

 

Address:

 

_ Requested information enclosed

 

 

I certify, to the best of my knowledge, the company named above has a U.S. DOT drug and alcohol testing program conforming to U.S. DOT requirements in place and the above named individual participated in such program from (date) to (date) and, within the two years preceding this request, had no alcohol test results of 0.04 breath alcohol concentration or greater, no positive drug test results, no refusals to be tested for drugs or alcohol, no substance abuse professional evaluations, no recommended treatment for substance abuse, or other violations related to the U.S. DOT drug and alcohol regulations.

 

 

Named/Signature/Title                                                                       Date

 

 

 

Approved: November 1995      
Reviewed: January 2017, May 2020

 

Date

 

Name (print)                                                                                       Social Security Number

 

 

The above named employee is to have the following test done:

 

_Drug Type of Test:

_Alcohol

 

_Both Drug and Alcohol

 

Time Sent by District School District Contact Person (Phone)

 

 

Time Arrived at Collection Site                                             Collection Site Person

 

 

Time Test Was Completed                                                     Collection Site Person

 

I understand I am to go directly to the collection site located at:

                  

                                                                                                                   (address of collection site)

 

 

 

Employee's Signature                                                             Date

 

 

 

 

Approved: November 1995      
Reviewed: January 2017, May 2020

 

Name                                                                                      Social Security Number

 

 

I certify that I have been employed by the following employers during the two years prior to the date stated below and that I was required to possess a commercial driver's license (CDL) during the term of my employment.

 

 

Company

 

Address                                  

 

City/State/Zip

 

 

Company

 

Address                                  

 

City/State/Zip

 

 

Company

 

Address          

                       

City/State/Zip

 

 

 

Approved: November 1995      
Reviewed: January 2017, May 2020

 

Employee's Name                                           Date of Observation

 

Time of Observation: From _ a.m. / p.m. to _ a.m. / p.m.

 

Location:

 

Observed personal behavior: (check all appropriate items)

Speech:                                   _Normal          _Incoherent             _Confused

_Slurred          _Whispering   _Silent

 

Balance:                                  _Normal          _Swaying             _Staggering     _Falling

 

Walking and Turning:            _Normal          _Stumbling     _Swaying             _Falling          

_Arms raised for balance            _Reaching for support

 

Awareness:                             _Normal          _Confused       _Paranoid

                                                _Sleepy or Stupor       _Lack of coordination

 

Odor:                                       _Normal          _Alcohol         _Burned rope

 

Other observed behavior/odor:

 

Reasonable suspicion of current use or impaired by:             _alcohol             _ drugs.

 

Above behavior witnessed by:

Signed                                                             Date

 

Signed (optional)                                            Date

 

This form must be completed by each trained employee observing the driver suspected of drug use and/or alcohol misuse by behavior, speech and/or odor while on duty, the earlier of within 24 hours or the determination of reasonable suspicion or prior to receiving the test results. The observations must be specific, contemporaneous and articulate concerning the appearance, behavior, speech and body odor of the driver.

 

I,                                        , have been informed of the requirement to submit to a drug test prior to being employed by the school district to perform a safety-sensitive function. I consent to submit to the drug and alcohol testing program as required by the Drug and Alcohol Testing Program policy, its supporting administrative regulations and the law.

 

I understand that the results of my drug test will be shared with the school district. I also understand that if I have a positive drug test result, I will not be considered further for employment with the school district.

 

I further understand that the drug and alcohol testing records and information about me is confidential, and may be released at my request or in accordance with the law.

 

 

 

 

(Signature of Applicant)                                                                                 (Date)

 

 

Approved: November 1995      
Reviewed: January 2017, May 2020

 

School District Contact Person:                                             Date:

 

School District:                                               Phone:

 

Address:

 

Social Security Number and Name (first and last).

Example 111-22-3333, John Doe.

 

Additions                                                                                Deletions

 

SSN                 Name                                                                          SSN                 Name

 

 

 

 

 

Please list all qualified drivers who must be tested under the federal regulations. Make copies of this form if you need additional space. Changes must be made in writing. Telephone changes cannot be accepted.

Changes for a month must be received the last business day of the prior month to be effective for the month. Random list updates cannot be data entered for a new month if this form is received on or after the first of the new month.

 

Please fax or mail to: (Need to replace with new address)

 

 

Approved: November 1995      
Reviewed: January 2017, May 2020

 

I,                      , understand I have violated the Drug and Alcohol Testing Program

policy, its supporting administrative regulations and the law by having a

 

_ Positive drug test result

Alcohol test result of 0.04 alcohol breath concentration or greater.

I understand in order to continue my employment, I must be evaluated by a substance abuse professional who shall determine what assistance, if any, I need in resolving problems associated with drug use and/or alcohol misuse. I consent to submit to an evaluation by a substance abuse professional and I understand that my failure to cooperate with and complete the substance abuse evaluation may subject me to discipline up to and including termination.

 

I also understand that in order to continue my employment, I must successfully complete the substance abuse professional's recommended substance abuse treatment program, if any. I consent to successfully complete any recommended substance abuse treatment program, and I understand that my failure to successfully participate and complete the recommended substance abuse treatment program, if any, may subject me to discipline up to and including termination.

 

I further understand that in order to continue my employment, I must authorize the release to the school district any records related to my substance abuse evaluation and recommended substance abuse treatment program in the possession of or accessible by the substance abuse professional. I consent to authorize the release of the substance abuse professional's records related to my substance abuse evaluation and recommended substance abuse treatment program, if any, to the school district and I understand that my failure to release these records may subject me to discipline up to and including termination.

 

 

(Signature of Employee)                                                                                (Date)

 

 

Approved: November 1995      
Reviewed: January 2017, May 2020

 

The following instructions have been reviewed by the drivers subject to the drug and alcohol testing program. These instructions must be kept in the school vehicle for reference in the event of an accident. The driver operating the school vehicle is responsible to carry out the instructions.

1. Take action to maintain the safety and health of the persons being transported in the school vehicle.

2. Report the accident to the following person as soon as practicable following the accident and follow any directions given to the driver.

 

Mr. Jim Stanton Dunkerton Community School

District 319 822-4295 319 822  7011 (home phone)

Back-up school district contact person: Beth Weepie

(319  939 – 3828 home phone)

 

3. Determine whether any of the following have occurred, and if so, post-accident drug and alcohol testing must be done.

a. The driver was cited and bodily injury occurred to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident.

b. The driver was cited and one or more motor vehicles incurred disabling damage as a result of the accident, requiring a vehicle to be transported away from the scene by a tow truck or other vehicle.

c. A fatality, other than the driver, occurred.

 

            4. Consume no alcohol for eight hours or prior to submitting to a post-accident alcohol test, whichever occurs first, following an accident
                meeting the criteria in "3 Above.

 

5. Remain available to submit to a post-accident alcohol test within two hours and no later than eight hours after the accident.

 

6. Remain available to submit to a post-accident drug test as soon as possible after the accident and no later than 32 hours after the accident.

 

7. Failure to remain available for post-accident drug and alcohol testing is considered a refusal to test and may subject the driver to discipline
               up to and including Termination.

 

8. Seek appropriate medical attention despite the need to remain available to submit to a post-accident drug and alcohol tests.

 

9. Using the Transportation Emergency Assistance Program developed by the Iowa Pupil Transportation Association, contact the nearest school district transportation director for assistance.

 

10. Obtain the name, badge number and telephone number of the law enforcement officer if the  law enforcement officer conducts a post-
            accident drug and/or alcohol test. If possible, obtain copies of any alcohol and drug test results conducted by the law enforcement officer.
            Since these test results are generally unacceptable to meet the school district's requirements for post-accident drug and alcohol testing, the
            driver must remain available for post-accident drug and alcohol testing by a trained collection site person.

 

11 . Complete the School Bus Accident Report form issued by the Iowa Department of Education as soon as possible.

 

12. Document failure to submit to a post-accident alcohol test:

                        a. Document why the driver was not alcohol tested within two hours after the accident.

                        b. Document why the driver was not alcohol tested within eight hours after the accident.

                        c. A copy of the documentation must be submitted to the superintendent's secretary upon return to the school district.

 

13. Document failure to submit to a post-accident drug test:

                        a. Document why the driver was not drug tested within 32 hours after the accident.

                        b. A copy of the documentation must be submitted to the superintendent's secretary upon return to the school district.

 

 

Approved: November 1995
Reviewed: January 2017, May 2020
Revised: April 2009  

 

Section I: General requirements:

Determine qualifying drivers in the drug and alcohol testing program. (Driver must meet first and third OR second and third).

_ Drive or may drive a vehicle transporting 16 or more persons, including the Driver;

_ Drive or may drive vehicles weighing over 26,001 pounds requiring a commercial driver's license; and

_ Drive full time, part-time, occasionally, under a lease or under a contract with an independent contractor or otherwise drive with the
               consent of the school district.

Total drivers meeting the qualifications above in the drug and alcohol testing program.

Regularly employed drivers

Substitute drivers

Others who are available to drive.

Determine delivery method of drug and alcohol testing program.

                        Iowa Drug and Alcohol Testing Program (lDATP).

                        (Contact lASS for information.)

Identify the school district contact person(s) and back-up school district contact person(s).

 

Draft board policy and supporting administrative regulations and forms.

 

Hold meeting to inform drivers about the federal regulations and board policy, its supporting administrative regulations and forms.

_ Inform drivers that time involved with drug and alcohol testing is on-duty time and they will be paid.

                        _ Inform drivers that their records related to drug and alcohol testing are confidential records and will only be released with appropriate
                                    authorization.

Adopt board policy, its supporting administrative regulations and forms.

 

Hold meeting or meet with drivers individually to inform them about the federal regulations, board policy and its supporting administrative regulations and forms.

drivers complete policy sign off sheet. (403.7-E2)

drivers take policy and sign off sheet with them to complete within a limited number of days. (403.7-E2)

 

File policy sign off sheet in each driver's drug and alcohol testing personnel file.

 

File unsigned policy sign off sheet in the driver's drug and alcohol testing personnel file with documentation why it is unsigned.

 

Instruct drivers on procedures to follow in the event of an accident. (403.7 E10)

 

Place summary of post-accident instructions in each school vehicle for reference by driver in the event of an accident. (403.7-E10)

 

Make arrangements with the Department of Education to have a minimum of two employees receive the reasonable suspicion training.

 

Confirm with the school district's employee assistance program the availability of a substance abuse professional or locate the nearest substance abuse professional.

 

The substance abuse professional is required to be a licensed physician (medical doctor or doctor of osteopathy) or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of, and clinical experience in, the diagnosis and treatment of alcohol and controlled substances-related disorders.

 

Compile a list of resources available to provide evaluation and assistance with drug use or alcohol misuse for the drivers.

 

Make arrangements with substance abuse professional to have drivers sign a release of the substance abuse professional's records related to the driver. (403.7-E9)

 

Ensure the substance abuse professional will refer drivers for treatment, if any, to a public agency, a person under contract with the school district, the sole source of appropriate treatment under the driver's health insurance program, or the sole source of appropriate treatment reasonably accessible to the driver and not to the substance abuse professional's personal practice or to a person or organization from which the substance abuse professional receives financial remuneration or has a financial interest.

 

_ Make arrangement for written documentation from substance abuse professional when a driver fails to cooperate and successfully complete the substance abuse evaluation and the recommended substance abuse treatment, if any.

 

Develop a training program or contract for training to educate drivers about the effects of drug use and alcohol misuse on their work and their personal lives.

Contact the collection site and arrange a meeting.

_ Decide the procedures for setting up appointments.

_ Decide the school district's collection site contact person.

_ Decide procedures when a driver has not photo identification

_ Decide procedures for receiving alcohol test results.

_ Decide the procedures for transporting drivers with an alcohol test result of 0.02 breath alcohol concentration or greater.

 

Section II. Record keeping

 

Obtain limited access secure storage files separate and apart from the drivers' general personnel records.

Create individual driver drug and alcohol testing file.

_ Policy sign off sheet. (403.7-E2)

_ Agreement to participate in the program. (403.7-E2)

_ Pre-employment drug and alcohol testing related information. (Applicable only to drivers hired after Jan.1, 1996). (403.7-E5)

                       _ Pre-employment release of prior employer drug and alcohol testing related Information. (Applicable only to drivers hired after Jan.1
                                ,1996). (403.7-E3)

_ Pre-employment drug test authorization. (Applicable only to drivers hired after Jan. 1, 1996. (403.7-E7)

_ Copy of Drug/Alcohol Test Notification form. (403.7-E4)

_ Copy of drug test chain of custody form.

_ Copy of alcohol test form.

_ Refusals to test.

_ Substance abuse professional evaluation and treatment records.

_ Other information pertinent to the driver.

_ Supervisor and/or driver training sign-off sheets.

 

                 Create files for other drug and alcohol testing related information.

_ Accident information.

_ Random selection lists.

_ Positive drug test results.

_ Positive alcohol test results.

_ Negative drug tests results.

_ Negative alcohol tests results.

_ Change list of all driver adds/deletes from the drug and alcohol testing program. (403.7-E8)

_ Miscellaneous drug and alcohol testing related information. Records related to the calibration of the evidentiary breath testing
               devices, training of the collection site personnel and other related information kept by IDATP is available from IDATP provider within
               two working days.

 

Section III. Release of Drug and Alcohol Testing Related Records.

Generally, a drivers drug and alcohol testing records are released only with the permission of the driver.

Driver may have prompt access to and copies of their drug and alcohol testing records.

_ Request for access must be in writing.

_ Copying fees for the records must be in accordance with board policy.

Drug and alcohol testing records are available to subsequent employers with the driver's written authorization.

Without the driver's written permission, the driver's drug and alcohol test records are made available to a decisionmaker in a lawsuit, grievance or other proceeding initiated by or on behalf of the driver, and arising from the results of a drug or alcohol test under the federal regulations or from the school district's determination that the driver violated the federal regulations.

 

Section IV. Pre-employment testing

Include the requirement of a drug test in any advertising, posting or other notice of the driver position.

Inform the applicant at the first personal interview of the requirement for a drug test.

Applicant completes the Pre-employment Drug Test Acknowledgement form. (403.7-E7)

Applicant completes the Consent for Release of Information form. (403.7-E3)

Applicant completes Certification of Previous Employers Requiring a Commercial Driver's License. (403.7-E5)

Applicant completes the Drug/Alcohol Test Notification Form. (403.7-E4)

Obtain information required on the Consent for Release of Information form. (403.7-E3)

_ Received prior to the applicant performing a safety-sensitive function.

_ Received within fourteen days of the applicant performing a safety sensitive function. (Recommended only when absolutely
               necessary.)

Applicant obtains the pre-employment drug test.

Receive pre-employment drug test results.

_ Negative drug test allows the applicant to begin to perform a safety sensitive function.

_ Positive drug test removes the applicant from further consideration for the driver position.

Forward the pre-employment drug test results to the applicant upon the applicant's request.

File all documentation

If not hired, file with the applicant's application.

If hired, file with the applicant's drug and alcohol related personnel file.

 

Section V: Alcohol Test Results.

Receive alcohol test results from collection site person.

_ By telephone using a password system with written results to follow by mail (or other means).

_ By a secure electronic means.

_ By secure fax.

Alcohol test result is less than 0.02 breath alcohol concentration.

_ Driver may continue to perform a safety-sensitive function.

Alcohol test result is 0.02 to 0.0399 breath alcohol concentration.

_ School district transport driver to home or other location.

_ Driver may not perform a safety-sensitive function for twenty-four hours.

_ Make arrangements for substitute, if necessary.

_ No action may be taken against the driver under the federal regulations.

_ Repeated offenses must be reported to superintendent for disciplinary action up to and including termination.

_ Document incident and file.

Alcohol test result is 0.04 or greater breath alcohol concentration.

_ School district transport driver to home or other location.

_ Driver may not perform a safety-sensitive function until evaluated by a substance abuse professional and completed the
                      recommended substance abuse treatment program, if any.

_ Make arrangements for substitute, if necessary.

_ Place driver on leave pending the substance abuse professional's evaluation.

_ Make arrangements with a (substance abuse professional/employee assistance program) including the requirement that the driver sign a release of the driver's records held by and accessible to the substance abuse professional.

_ Driver signs the Drug and Alcohol Testing Program Referral to Substance Abuse Professional Acknowledgement form agreeing to release the driver's records held by and accessible to the substance abuse professional. (403.7-E9)

_ Maintain contact with the substance abuse professional for updates on the driver's progress and cooperation.

_ Driver returns to work after completing the substance abuse professionals recommended substance abuse treatment program, if any, and having an alcohol test result of less than 0.02 breath alcohol concentration.

_ Reports of the driver's failure to cooperate and/or complete the treatment, if any must be reported to the superintendent for disciplinary action up to and including termination.

_ No action may be taken against the driver under Iowa law the first positive alcohol test as long as the driver cooperates with the substance abuse professional and completes the recommended substance abuse treatment program, if any.

_ Repeated offenses must be reported to the superintendent for discipline up to and including termination.

_ Document the incident and driver's progress.

 

Section VI: Positive Drug Test Results.

Receive drug test results from the medical review officer.

_ By telephone using a password system with written results to follow by mail (or other means).

_ By secure electronic means to be printed for filing.

_ By secure fax.

Drug test result is negative.

Driver may continue to perform a safety-sensitive function.

Drug test result is positive.

_ Driver may not perform a safety-sensitive function until has been evaluated by a substance abuse professional and completed the
                       treatment, if any.

_ Make arrangements for substitute, if necessary.

_ Place driver on leave pending the substance abuse professional's evaluation.

_ Make arrangements with a (substance abuse professional/employee assistance program) including the requirement that the driver sign a release of the driver's records held by and accessible by the substance abuse Professional.

_ Driver signs the Drug and Alcohol Testing Program Referral to Substance Abuse Professional Acknowledgement form agreeing to release the driver's records held by and accessible to the substance abuse professional. (403.7-E9)

_ Maintain contact with the substance abuse professional for updates on the driver's progress and cooperation.

                        _ Driver returns to work after completing the substance abuse professional's recommended substance abuse treatment program, if
                                   any, and having a negative drug test result.

_ Reports of the driver's failure to cooperate and/or complete the recommended substance abuse treatment program, if any, must be reported to the superintendent for disciplinary action up to and including termination.

_ No action may be taken against the driver under Iowa law for the first positive drug test as long as the driver cooperates with the substance abuse professional and completes the recommended substance abuse treatment program, if any.

_ Repeated offenses must be reported to the superintendent for discipline up to and including termination.

_ Document the incident and driver's progress.

 

Section VII: Random Drug and Alcohol Testing.

Receive the random selection list from IDATP.

Determine the date and time a random selection driver will be notified and make appointments at the collection site.

Notify selected drivers or, if unavailable, selected alternate drivers.

_ Notify the required number of drivers on the random selection list prior to the end of the month.

_ Vary notification each month, including day, week and time of day to ensure drivers do not know the random testing is completed for the month and now they are free to misuse alcohol or use drugs until the next month.

Notified drivers sign the Drug/Alcohol Test Notification form. (403.7-E4)

Driver proceeds to collection site.

Document, if necessary, reasons why any driver on the random selection list was not notified and attach documentation to the random
                    selection list.

Go to Section V, Alcohol Test Results, or Section VI, Positive Test Results, for appropriate action based on test results.

 

Section VIII: Reasonable Suspicion Testing.

Reasonable suspicion trained employee documents specific, contemporaneous, articulable observations of the driver's behavior, speech or body odors on the Reasonable Suspicion Observation form. (403.7-E6)

A second reasonable suspicion trained employee, if at all possible, documents specific, contemporaneous, articulable observations of the driver's behavior, speech or body odors on the Reasonable Suspicion Observation form. (403.7-E6)

Driver is removed from performing a safety-sensitive function pending the drug and/or alcohol test results.

Driver completes Drug/Alcohol Testing Notification form. (403.7-E4)

Driver is transported to the collection site.

Complete and file documentation of Reasonable Suspicion Observation form immediately and no later than within twenty-four hours or prior to receiving the test results. (403.7-E6)

 

Section IX: Post-Accident Testing.

Instruct driver on procedures to follow in the event of an accident.

Place summary of instructions in each school vehicle with the Iowa Pupil Transportation Association's Transportation Assistance Manual for reference by driver in the event of an accident. (403.7-E9)

Receive notice of accident from driver.

Determine whether post-accident testing must be done. (If any of the following are

present, post-accident testing must be done.)

_ The driver was cited and bodily injury occurred to a person who, as a result of the injury, required immediate medical treatment away
                       from the scene of the accident.

_ The driver was cited and one or more motor vehicles incurred disabling damage as a result of the accident, requiring a vehicle to be transported away from the scene by a tow truck or other vehicle.

A fatality, other than the driver, occurred.

Remind the driver of the requirement to remain available for drug and alcohol testing and to not consume alcohol for eight hours after the
                               accident.

Contact the nearest school district transportation director for the location of their collection site using the Iowa Pupil Transportation Association's Transportation Emergency Assistance Manual.

Make arrangement for the driver to be tested for alcohol within two hours and no later than eight hours after the accident.

_ The reason for failing to have an alcohol test after two hours but prior to eight hours after the accident must be documented and filed.

_ The reason for failing to have an alcohol test prior to eight hours after the accident must be documented and filed.

Make arrangement for the driver to be drug tested as soon as possible and no later than thirty-two hours after the accident.

_ The reason for failing to have a drug test after thirty-two hours after the accident must be documented and filed.

Medical attention to the driver is not denied in order to conduct the drug and alcohol tests.

Alcohol and drug test results conducted by law enforcement in accordance with the federal regulations may be used to meet the post-accident
                                drug and alcohol  testing requirements if the school district receives a copy of the test results.

Notify insurance company of all accidents whether post-accident drug and alcohol testing was required and ask insurance company to
                                 maintain a list of all accidents reported so a list of all accidents may be easily complied in the event of a U.S. DOT audit.

 

Section X: Return to Duty and Follow-up Testing.

Driver has completed the substance abuse professional's evaluation and recommended substance abuse treatment program, if any.

Driver must provide in accordance with the substance abuse professional's instructions a negative drug test result and/or alcohol test result of
                                less than 0.02 breath alcohol Concentration.

_ Meeting this requirement allows the driver to return to work to perform a safety-sensitive function.

_ Failure of the driver to meet this requirement is reported to the superintendent for discipline up to and including termination.

In accordance with the substance abuse professional's instructions, the driver is subject to a minimum of six unannounced drug and/or alcohol tests during the next twelve months and may be subject to unannounced drug and/or alcohol tests during the next forty-eight months.

The substance abuse professional notifies the school district when the drug and/or alcohol testing is to take place.

Make an appointment at the collection site for the appropriate collection.

Notified driver signs the Drug/Alcohol Test Notification form. (403.7-E4)

Driver proceeds to collection site.

A positive drug test result or an alcohol test result of greater than 0.02 breath alcohol concentration is reported to the superintendent for disciplinary action up to and including termination.

 

 

Approved: March 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

This administrative regulation supports the Drug and Alcohol Testing Program policy. It also establishes and explains the requirements of the school district's drug and alcohol testing program required for employees operating school vehicles. Note the Drug and Alcohol Testing Program Definitions, Code No. 403.7-R2.

 

1. Questions regarding the drug and alcohol testing program policy, its supporting administrative regulations or the drug and alcohol testing program may be directed to the school district contact person(s), superintendent or superintendent's secretary.

 

2. Covered Drivers.

1. The following requirements apply for a driver to be covered by the drug and alcohol testing program:

a. Drive a vehicle transporting sixteen or more persons, including the driver, or drive a vehicle weighing over twenty-six
                thousand one pounds; and

b. Require a commercial driver's license to hold the driver position.

 

2. Covered drivers include:

a. Applicants seeking a position as a driver.

b. Full time, regularly employed drivers;

c. Casual, intermittent, occasional or substitute drivers;

d. Leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to a school
               district or who operate a school vehicle at the direction of or with the consent of a school district.

 

3. Drivers are subject to the drug and alcohol testing program and its requirements throughout the year, including the times when school is not in session or when the driver is on leave.

 

    C. Prohibited Driver Conduct.

1. Drivers shall not report to duty or remain on duty with a 0.04 breath alcohol concentration or greater.

 

2. Drivers shall not report for duty or remain on duty when using any drug except when a physician has advised the driver that the drug does not adversely affect the driver's ability to safely operate a school vehicle and the school district is informed in writing of the medication and doctor's opinion.

 

3. Drivers shall not use alcohol at least four hours prior to, or during the performance of a safety-sensitive function.

 

4. Drivers shall not possess alcohol while on duty. This includes possessing prescriptions and over-the-counter medicines containing alcohol unless the packaging seal is unbroken.

 

5. Drivers required to take a post-accident alcohol test shall not use alcohol within eight hours following the accident or prior to undergoing a post accident alcohol test, whichever comes first.

 

6. Drivers shall not refuse to submit to a drug or alcohol test. A refusal to test is considered a positive test result requiring the driver to undergo a substance abuse evaluation and subjecting the driver to discipline up to and including termination.

 

7. Drivers shall not report for duty or remain on duty performing a safety sensitive function if the driver has a positive drug test result.

 

D. Alcohol Breath Testing Procedures.

1. Driver's breath is tested for alcohol.

 

2. Evidentiary breath testing devices are used to conduct the screening test and, if necessary, the confirmation alcohol test.
   
   1. The screening alcohol breath test determines whether the driver's breath alcohol concentration is less than 0.02.

 

1. A screening alcohol test result of less than 0.02 breath alcohol concentration allows the driver to continue to perform a safety sensitive function.
2. An initial alcohol test result of 0.02 breath alcohol concentration or greater requires a confirmation test.

 

                        b. The confirmation alcohol breath test determines whether the driver can continue to perform a safety-sensitive function.

1. A confirmation alcohol test result of less than 0.02 breath alcohol concentration allows the driver to continue to perform a safety-sensitive function.
2. A confirmation alcohol test result of 0.02 breath alcohol concentration but less than 0.04 breath alcohol concentration requires the driver to cease performing a safety-sensitive function for 24 hours.
3. A confirmation alcohol test result of 0.04 breath alcohol concentration or greater requires the driver to cease performing a safety-sensitive function and undergo a substance abuse evaluation.

            3. Alcohol testing is conducted at collection sites which provide privacy to the driver and contain the necessary equipment, personnel and
                materials.

                       

                        a. Alcohol testing is conducted at a designated nonschool district facility unless the situation requires another location.

                        b. In the event privacy cannot be assured, privacy will be provided to the extent practical.

4. Screening alcohol testing steps.

a. Once the driver is notified to submit to an alcohol test, the driver must complete the Alcohol/Drug Test Notification Form and proceed immediately to the collection site. Collection site personnel contact the superintendent's secretary immediately when a driver does not arrive at the specified time. Failure to arrive at the collection site in a timely manner is considered a refusal to test.

b. Upon arrival, the driver must provide a photo identification. Repeated failure of the driver to produce a photo identification is considered insubordination as well as a refusal to test.

c. The testing procedure is explained to the driver by the collection site person.

d. The collection site person, the breath alcohol technician (SAT) and the driver complete and sign the appropriate sections of the alcohol testing form.

(1) Refusal of the driver to sign the form prior to the screening alcohol test is considered a refusal to test.

                                    (2) The school district is notified immediately of the driver's refusal to sign.

                        e. The driver forcefully blows into the evidentiary breath testing device mouthpiece for at least six seconds or until an adequate amount
                            of breath has been obtained.

                        f. The initial test results are shared with the driver.

g. The driver and breath alcohol technician must sign the alcohol testing form following completion of the alcohol test. Failure to sign
               the form after the alcohol test is not considered a refusal to test. However, in the remarks section of the form, the breath alcohol
               technician notes the driver's refusal to sign.

h. Screening alcohol test results.

(1) An alcohol test result of less than 0.02 breath alcohol concentration is reported to the school district in a confidential manner and the driver may continue to perform a safety sensitive function.

(2) An alcohol test result of 0.02 breath alcohol concentration or more requires a confirmation alcohol test between 15 and 20 minutes of the screening test.

(3) The breath alcohol technician provides the superintendent's secretary with a copy of the breath alcohol testing form if written communication was not used to report the test results.

i. Potentially incomplete or invalid breath alcohol tests are repeated with corrected procedures.

j. The breath alcohol test is stopped when the driver fails twice to provide an adequate amount of breath. In that case:

                                    (1) A physician analyzes the driver's inability to provide adequate breath.

                                    (2) Failure to provide adequate breath is considered a refusal to test unless the physician determines a medical condition
                                          caused the failure to provide adequate breath.

                                    (3) A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.

 

     5. Confirmation alcohol testing steps.

a. The confirmation alcohol test is done between fifteen and twenty minutes of the screening alcohol test whether or not the driver followed the requirements to not eat, drink, put any object or substance in his or her mouth, and, to the extent possible, not belch during the fifteen-minute waiting period to avoid accumulation of mouth alcohol leading to an artificially high reading.

            b. If a different collection site is used, the driver must be under the

observation of the collection site person or school district person while in transit to the confirmation alcohol testing site or while waiting for the confirmation alcohol test.

c. If a different collection site person is used for the confirmation alcohol test, the driver

must again provide photo identification.

d. The testing procedure is explained to the driver by the collection site person.

e. The collection site person, a breath alcohol technician and the driver complete and sign the appropriate sections of the alcohol testing form.

(1) Refusal of the driver to sign the form prior to the confirmation alcohol test is considered a refusal to test.

                                    (2) The school district is notified immediately of the refusal to sign.

            f. The driver forcefully blows into the evidentiary breath testing device mouthpiece for at least six seconds or until an adequate amount of
               breath has been obtained.

g. The confirmation alcohol test results, which are the final and official test results, are shared with the driver.

h. The driver and breath alcohol technician must sign the alcohol testing form following completion of the alcohol test. Failure to sign the form after the alcohol test is not considered a refusal to test. However, in the remarks section of the form, the breath alcohol technician notes the driver's refusal to sign.

            i.The breath alcohol technician informs the superintendent's secretary of the results of the test in a confidential manner.

(1) An alcohol test result of less than 0.02 breath alcohol concentration is reported to the school district in a confidential manner and the driver may continue to perform a safety sensitive function.

(2) The breath alcohol technician notifies the superintendent's secretary immediately of confirmation alcohol test results of 0.02 breath
           alcohol concentration or more.

                        (3) The collection site person provides the superintendent's secretary with a copy of the breath alcohol testing form if written
                        communication was not used to report the test results.

j. Potentially incomplete or invalid breath alcohol tests are repeated with corrected procedures.

k. The breath alcohol test is stopped when the driver fails twice to provide an adequate amount of breath. In that case:

                        (1) A physician analyzes the driver's inability to provide adequate breath.

                        (2) Failure to provide adequate breath is considered a refusal to test unless the physician determines a medical condition caused the
                        failure to provide adequate breath.

                        (3) A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.

 

E. Drug Testing Procedures.

1. Driver's urine is tested for marijuana, cocaine, opiates, amphetamines and phencyclidine.

            2. A split specimen urine drug test, often called "split sample test," is used to conduct the drug test.

                        a. A negative drug test result allows the driver to continue to perform a safety-sensitive functions.

                        b. A positive drug test result on the primary sample requires the driver to be removed from performing a safety-sensitive function.

c. A positive drug test result on the primary sample allows the driver an opportunity to request the split sample be tested by another certified laboratory for the specific drug found in the primary sample. A negative drug test result on the split sample results in a negative drug test result.

                        e. A positive drug test result requires the driver to undergo a substance abuse

                                    Evaluation.

 

3. Drivers taking medication at a doctor's direction may perform a safety-sensitive function if the doctor determines there is not an adverse effect on performing a safety-sensitive function and the school district is informed in writing of the medication and doctor's opinion.

 

4. Drug testing is conducted at collection sites which provide privacy to the driver and where the necessary equipment, personnel and materials are located.

a. Drug testing is conducted at a designated nonschool district facility unless the

situation requires another location. Public restrooms can be used as

collection sites in exceptional circumstances.

b. In the event privacy cannot be assured, privacy is provided to the extent practical. However, direct observation is allowed if:

(1) Reasons exist to believe the driver may alter or substitute the

Specimen.

(2) The driver presents a specimen with a temperature outside the allowed range and does not provide an oral body temperature or the oral body temperature varies from the specimen provided.

(3) The last specimen provided by the driver was determined by the laboratory to not meet specific gravity and urine creatinine concentration criteria.

(4) The collection site person observes conduct of the driver to substitute or adulterate the specimen.

(5) The driver has previously been determined to have used a drug without medical authorization and the particular test is for follow-up testing upon or after return to duty.

c. Direct observation is approved by the supervisor of the collection site person or the designated school district representative. Non
                medical personnel performing direct observation must be of the same gender as the driver.

 

5. Drug testing steps.

a. Once the driver is notified to submit to a drug test, the driver must complete the Alcohol/Drug Test notification Form and proceed immediately to the collection site. The collection site person contacts the superintendent's secretary immediately when a driver does not arrive at the specified time. Failure to arrive at the collection site in a timely manner is considered a refusal to test.

b. Upon arrival, the driver must provide a photo identification. Repeated failure of the driver to produce a photo identification is considered insubordination as well as a refusal to test. The driver may require the collection site person to provide proof of identification.

c. The driver may keep his or her wallet but must remove any unnecessary outer garments, purses, briefcases and similar items at the request of the collection site person.

d. Immediately prior to providing a urine sample, the driver must wash his or her hands.

            e. The driver must then provide forty-five milliliters of urine and deliver it immediately to the collection site person.

                        (1) Drivers who cannot provide an adequate amount of urine receive instructions for drinking water and trying again.

                        (2) The drug test is stopped when the driver fails twice to provide an adequate amount of urine.

                        (3) Failure to provide adequate urine is considered a refusal to test unless the physician determines a medical condition caused the
                         failure to provide adequate urine.

            f. The specimen is kept in view of the driver and the collection site person.

            g. Upon receipt of the specimen, the collection site person immediately, and in no event later than four minutes from the time of urination,
                measures the temperature of the specimen.

h. The driver may volunteer to have his or her oral temperature taken to provide evidence against alteration or substitution if there is some question about the temperature of the specimen.

            i. The collection site person inspects the specimen for color and other signs of contaminants and notes any unusual findings.

            j. Another specimen is required as soon as possible under direct observation if adulteration or substitution is suspected by the collection site
                       person.

            k. The specimen is divided into the primary and the split specimen, sealed and labeled.  The label is initiated by the driver.

            l. The driver is required to read and sign the statement on the chain of custody form certifying the specimens are the driver's.

            m. The collection site person is required to note on the chain of custody form any unusual behavior or appearance of the driver and any failure
                        to cooperate.

            n. The collection site person completes the chain of custody form and the driver signs the form indicating the collection is complete.

            o. The specimens are packaged for shipping to the laboratory and are shipped immediately or placed in secure storage until they can be
                      shipped.

6. Laboratory.

a. The laboratory used by the school district's drug and alcohol testing program is certified by the U.S. Department of Health and Human Services (DHHS). Certified laboratories meet the testing procedures, personnel and record keeping requirements of the law.

b. Upon arrival of the specimen at the laboratory, the split specimen is stored and the primary specimen is tested.

(1) A positive drug test result on the initial test of the primary specimen requires a confirmation drug test of the primary specimen.

(2) The split specimen is discarded if the primary specimen has a negative drug test result.

 

7. Medical Review Officer (MRO) reviews drug test results.

            a. The MRO may release drug testing records of a driver to unauthorized individuals only with the written consent of the driver.

            b. The MRO keeps a record of negative drug test results and reports negative drug test results to the school district, usually within two working
                       days.

c. The primary role of the MRO is to review and interpret positive drug test results to determine whether a legitimate explanation exists for the
                       positive drug test result.

(1) After reviewing the chain of custody form and the laboratory drug test results, the MRO contacts the driver to discuss the positive
            drug test result prior to notifying the school district and to ask whether the driver requests a drug test of the split sample. The driver's
            request for a drug test of the split sample must be made within seventy-two hours of talking with the MRO.

(2) Upon request of the driver, the split specimen is sent to a second certified laboratory for drug testing.

(3) The MRO contacts the superintendent's secretary for assistance if the driver cannot be reached.

(4) The superintendent's secretary must confidentially inform the driver to contact the MRO.

(5) Upon contacting the driver, the superintendent's secretary must inform the MRO that the driver was contacted.

(6) Drivers who cannot be contacted are placed on temporary medically unqualified status or medical leave.

d. The MRO may verify a positive drug test without talking to the driver if:

                        (1) The driver declines the opportunity to discuss the positive drug test.

(2) The driver fails to contact the MRO within five days after the superintendent's secretary has contacted the driver.

(3) MRO verification of positive drug test results under these circumstances can be challenged by the driver if the driver presents the MRO with information documenting a serious illness, injury or other circumstances unavoidably preventing the driver from timely contacting the MRO. The MRO, based on this additional information, may find a legitimate explanation for the positive drug test result and declare the drug test negative.

e. The driver is notified of the drugs found in a positive drug test result by the MRO, the superintendent's secretary or by certified mail to the
                       driver's last known address.

f. The school district receives a written report of the negative and positive drug test results from the MRO.

 

F. Substance Abuse Professional.

1 . A substance abuse evaluation by a substance abuse professional is required when a driver has:

(1) A positive drug test;

(2) A positive alcohol test of 0.04 breath alcohol concentration or greater; or

                        (3) Otherwise violated the drug and alcohol testing program policy, its supporting regulations or the law.

2. The substance abuse evaluation determines what assistance, if any, the driver needs in resolving problems with alcohol misuse and/or
                        drug use.

            3. A list of available substance abuse professionals to provide assistance to bus drivers is available through the superintendent's secretary.

 

G. Pre-employment Testing.

           1. Drivers shall submit to a drug test if a job offer is made. The job offer is contingent upon:

a. A negative drug test result; and

b. A signed written statement authorizing former employers to release all information on the driver related to drugs and alcohol.

2. Prior to allowing a driver to perform a safety-sensitive function, and no later than 14 days after performing a safety-sensitive function, the following information must be obtained about the driver during the preceding two years from the date of the application:

a. An alcohol test results of 0.04 breath alcohol concentration or greater;

b. Positive drug test results; and

c. Refusals to be tested.

 

H. Random Testing

1. Annually, twenty-five percent of the average number of drivers for random alcohol tests and fifty percent of the average number of drivers for
                       random drug tests are selected.

2. The drivers' identification numbers are selected by a scientific method giving each driver an equal chance to be selected.

            3. Random tests are unannounced and spread throughout the year.

4. Drivers selected for random alcohol testing are notified just before, during or just after performing a safety-sensitive function. The school district documents why some, if any, drivers were selected but not notified.

5. Drivers selected for random drug testing are notified at any time. The school district must document why some, if any, drivers were selected but not notified.

6. Once the driver is notified of being selected for a random test, the driver must proceed immediately to the collection site. However, drivers performing a safety-sensitive function must safely stop and proceed to the collection site as soon as possible.

 

I. Reasonable Suspicion Testing.

1. A driver may be required to submit to a reasonable suspicion drug test at any time.

2. A driver may be required to submit to a reasonable suspicion alcohol test just before, during or just after the driver performs a safety-
               sensitive function or just before, during or just after the time the driver is required to be in compliance with the drug and alcohol testing
               program policy, its supporting administrative regulations or the law.

a. A reasonable suspicion alcohol test is performed within two hours and no later than eight hours of determining reasonable suspicion.

b. If the alcohol test is not given within two hours, the reasons for the delay must be documented.

c. If the alcohol test is not given within eight hours, attempts to test are stopped and the reason for not testing must be documented.

            3. A reasonable suspicion test request is made by an employee who received training to determine reasonable suspicion. The reasons for the
                reasonable suspicion must be documented within twenty-four hours or prior to the release of the test results. If more than one employee
                trained to determine reasonable suspicion observes the driver, that employee must also document their reasons.

 

J. Post-accident Testing.

1. Drivers are subject to both post-accident drug and alcohol testing as soon as possible after an accident in which:

a. The driver received a citation and;

(1) Bodily injury occurred to a person who, as a result of the injury, required immediate medical treatment away from the scene
                 of the accident; or

(2) One or more motor vehicles incurred disabling damage as a result of the accident, requiring the vehicle to be transported
                 away from the scene by a tow truck or other vehicle; or

                        b. A fatality occurred.

             2. Drivers must remain readily available for post-accident testing.

                        a. Drivers who leave the scene or who do not remain readily available are deemed to have refused to test.

                        b. Necessary medical treatment cannot and should not be denied to a driver waiting to complete post-accident drug and alcohol tests.

             3. Alcohol testing requirements.

                        a. The alcohol test is administered within two hours and no later than eight hours of the accident.

                        b. The reasons for administering the test later than two hours after the accident must be documented.

                        c. The reasons for not administering the test within eight hours of the accident must be documented.

                        d. Drivers are prohibited from consuming alcohol for eight hours after the accident or until the alcohol test is completed.

4. Drug testing requirements.

                        a. The drug test is administered as soon as possible and no later than 32 hours after the accident.

                        b. The reasons for not administering the test must be documented.

5. Results of drug or alcohol testing conducted by law enforcement officers or other officials on the scene with independent authority to
                conduct such tests are presumed valid if the testing conforms with the law. The school district must receive a copy of the results to use
                them.

 

K. Return-to-duty/Follow-up Testing.

            1. Prior to returning to duty after a positive drug test, a positive alcohol test of 0.04 breath alcohol concentration or greater, or otherwise
                violating the drug and alcohol testing program policy, its supporting regulations or the law:

a. The driver must be re-evaluated by a substance abuse professional to determine that the driver has properly followed any treatment program prescribed.

b. The driver must submit to the tests required by the substance abuse professional. The substance abuse professional may require a return-to-duty test for drugs, alcohol or both.

c. The return-to-duty test must have a negative drug test result and/or an alcohol test result of less than 0.02 breath alcohol concentration before the driver can return to duty and perform a safety-sensitive function.

 

2. After returning to duty, the driver is subject to a minimum of six unannounced follow-up tests within 12 months for alcohol, drugs or both, as
               determined by the substance abuse professional.

a. The substance abuse professional can terminate the follow-up testing requirement after the first six tests have been completed or
                continue the follow-up testing for up to 60 months from the date of the driver's return to duty.

b. Alcohol follow-up testing is done just before, during or just after performing a safety-sensitive function.

 

L. School district responsibilities.

1 . Provide drivers with information on the drug and alcohol testing requirements of the drug and alcohol testing program policy, its supporting
                 administrative regulations and the law, including the driver's obligations.

2. Supervisors of drivers or employees designated to determine reasonable suspicion must receive sixty minutes of training on alcohol misuse
                and sixty minutes of training on drug use. The training must address the physical, behavioral, speech and performance indicators of
                probable alcohol misuse and drug use.

            3. Provide drivers with instructions prior to the driver operating a school vehicle to enable the driver to comply with the drug and alcohol testing
                requirements.

4. Disallow drivers to report to work or perform a safety-sensitive function when the school district has actual knowledge of a driver's drug use whether or not a drug test was conducted.

5. Disallow drivers to report to work or perform a safety-sensitive function when the school district has actual knowledge of a driver with 0.02 breath alcohol concentration or greater whether or not an alcohol test was conducted.

6. Ensure, through the school district's drug and alcohol testing program service provider, that the quality assurance plan, developed by the manufacturer and approved by the National Highway Traffic Safety Administration (NHTSA) for the evidentiary breath testing device used for alcohol testing of its drivers, describes the inspection, maintenance and calibration requirements and intervals for the device.

7. Ensure, through the school district's drug and alcohol testing program service provider, that the collection site person using an evidential
                      breath testing device is a certified breath alcohol technician.

 

M. Consequences of violating the drug and alcohol testing program policy, its supporting administrative regulations or the law.

1. Each violation is dealt with based on the circumstances surrounding the violation. The following consequences may result from a violation.

a. Drivers may be disciplined up to and including termination.

b. Drivers may not be permitted to perform safety-sensitive functions.

c. Drivers may be advised of the resources available to them in evaluating and resolving problems associated with the misuse of
                alcohol or use of drugs.

d. Drivers may be required to undergo a substance abuse evaluation to determine what assistance, if any, the driver needs in resolving
                problems associated with the misuse of alcohol or use of drugs and be required to follow any recommended substance abuse
                treatment program.

e. Prior to returning to duty, the driver is required to have a negative drug and/or alcohol test result and be subject to the follow-up drug
                and/or alcohol testing determined necessary based on the circumstances surrounding the incident.

                         f. Drivers refusing to submit to drug and/or alcohol testing are considered insubordinate and are subject to discipline up to and
                            including termination.

g. Drivers/applicants who refuse to submit to or cooperate with the drug and/or alcohol testing process and requirements shall be disqualified from further consideration.

2. Nothing in the drug and alcohol testing program policy, its supporting administrative regulations or the law relating to drug and alcohol testing limits or restricts the right of the board or superintendent to discipline, up to and including termination, a driver for conduct which violates the school district's policies, supporting administrative regulations and procedures.

N. Drug and alcohol testing records.

1. Drug and alcohol testing records are stored in locked files at limited access location separate and apart from the driver's general personnel
                records.

2. The records are released only with the written consent of the driver. Only those records specifically authorized for release may be released.
                 However:

a. Records may be released to appropriate government agencies without a written Consent.

b. Records may be released to appropriate school district employees without written consent.

c. School districts may, without written consent, make a driver's drug and alcohol test records available to a decision maker in a lawsuit,
                grievance or other proceeding initiated by or on behalf of the driver and arising from the result of an alcohol or drug test under the
                drug and alcohol testing program policy, its supporting regulations or the law or from the school district's determination that the driver
                violated the drug and alcohol testing program, its supporting regulations, or the law.

3. With a written request, drivers may access and copy their drug and alcohol test records in accordance with the board policy related to
                employee records. A driver is not denied access to these records for failure to pay fees associated with other records.

4. The following records of the school district's drug and alcohol testing programs are maintained for the time period indicated.

a. One year:

(1) Records of negative and canceled drug test results and alcohol test results of less than 0.02 breath alcohol concentration.

(2) Records related to drug and alcohol testing process.

(3) Records related to a driver's test results.

(4) Records related to other violations of the law.

(5) Records related to substance abuse evaluations.

(6) Records related to education and training.

b. Two years:

Records related to the alcohol and drug collection process, except calibration of evidentiary breath testing devices, and training.

c. Five years:

                                    (1) Alcohol test results of 0.02 breath alcohol concentration and greater;

                                    (2) Verified positive drug test results;

                                    (3) Documentation of refusals to take required alcohol and/or drug tests;

(4) Evidentiary breath testing device calibration documentation;

(5) Driver substance abuse evaluations and referrals; and

(6) Annual calendar year summary.

 

 

Approved: November 1995      
Reviewed: January 2017, May 2020

 

Air blank - a reading by an evidential breath testing device (EBT) of ambient air containing non alcohol.

Alcohol - the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.

Alcohol concentration (or content) - the alcohol in a volume of breath expressed in terms of grams of alcohol per two hundred ten liters of breath as indicated by an evidentiary breath test under the law.

Alcohol use - the consumption of any beverage, mixture or preparation, including any medication, containing alcohol.

BAC - breath alcohol concentration.

Breath Alcohol Technician (BAT) - an individual who instructs and assists drivers in the alcohol testing process and operates an evidential breath testing device.

Canceled or invalid test - in drug testing it is a drug test that has been declared invalid by a Medical Review Officer or a specimen that has been rejected for testing by a laboratory. In alcohol testing it is a test that is deemed to be invalid under the law. A canceled test drug or alcohol test is neither a positive nor a negative test.

Chain of Custody - procedures to account for the integrity of each urine or blood specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. With respect to drug testing, these procedures require that an appropriate drug testing custody form be used from time of collection to receipt by the laboratory and that upon receipt by the laboratory an appropriate laboratory chain of custody form(s) account(s) for the sample or sample aliquots within the laboratory.

Collection site - a place where drivers present themselves for the purpose of providing body fluid or a tissue sample to be analyzed for specific drugs or breath alcohol concentration.

Confirmation test - for alcohol testing it is a second test following a screening test with a result of 0.02 breath alcohol concentration or greater that provides quantitative data of alcohol concentration. For drug testing it is a second analytical procedure (GC/MS) to identify the presence of a specific drug or metabolite which is independent of the initial test and which uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy.

Controlled substances/Drugs - marijuana, cocaine, opiates, amphetamines and phencyclidine.

Driver - any person who operates a school vehicle. This includes, but is not limited to: full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to the school district or who operate a school vehicle at the direction of or with the consent of the school district. For the purposes of pre-employment/pre duty testing only, the term "driver" includes applicants for drivers of school vehicles positions.

Initial test (or screening test) - in drug testing it is an immunoassay screen to eliminate "negative" urine specimens from further consideration. In alcohol testing it is an analytic procedure to determine whether a driver may have a prohibited concentration of alcohol in a breath specimen.

Medical review officer (MRO) - a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a driver's confirmed positive test result together with the driver's medical history and any other relevant bio-medical information.

Non-suspicion-based post-accident testing - testing of a driver after an accident without regard to whether there is any reasonable suspicion of drug usage, reasonable cause to believe the driver has been operating the school vehicle while under the influence of drugs, or reasonable cause to believe the driver was at fault in the accident and drug usage may have been a factor.

Performing a safety-sensitive function - a driver is considered to be performing a safety-sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform any safety-sensitive function.

NOTE: Alcohol tests may only be administered just before, during or just after the performance of a safety-sensitive function. At this time the U.S. Department of Transportation is interpreting this language to mean thirty minutes before or thirty minutes after the performance of a safety-sensitive function.

Random Selection Process - when drug tests are unannounced and every driver has an equal chance of being selected for testing.

Reasonable suspicion - when the school district believes the appearance, behavior, speech or body odors of the driver are indicative of the use of drugs or alcohol.

Refusal to test - when a driver

(1) fails to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of the law,

(2) fails to provide adequate urine for drug testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the provisions of the law, or

(3) engages in conduct that clearly obstructs the testing process. A refusal to test is treated as a positive drug test result or an alcohol test result of 0.04 breath alcohol concentration or greater.

Safety-sensitive function - all time from the time when a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.

NOTE: Alcohol tests may only be administered just before, during or just after the performance of a safety-sensitive function. At this time the U.S. Department of Transportation is interpreting this language to mean thirty minutes before or thirty minutes after the performance of a safety-sensitive function.

School vehicle - a vehicle owned, leased, and/or operated at the direction or with the consent of the school district which transports sixteen or more persons, including the driver, or weighs over twenty-six thousand one pounds and requires the driver to have/possess a commercial driver's license in order to operate the vehicle.

Split specimen/split sample - the division of the urine specimen into thirty milliliters in a specimen bottle (the primary sample) and into at least fifteen milliliters in second specimen bottle (the split sample).

Substance abuse professional (SAP) - a licensed physician (medical doctor or doctor of osteopathy) or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of, and clinical experience in, the diagnosis and treatment of alcohol and controlled substances-related disorders.

 

 

Approved: November 1995      
Reviewed: January 2017, May 2020