403.7E11 - Drug and Alcohol Testing Program Worksheet
403.7E11 - Drug and Alcohol Testing Program WorksheetSection 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