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