The Board of Education recognizes the dangers inherent in alcohol and drug use by employees especially those in safety-sensitive positions. To ensure the safety of its students and in compliance with federal regulations, the Board requires alcohol and drug testing of school bus drivers.
The district shall either directly, by contact, or through a consortium, implement and conduct a program to provide alcohol and drug testing of employees in safety-sensitive positions. Any employee whose job requires a commercial driver’s license and/or who drives a school bus designed to transport 15 or more passengers will be subject to testing.
Drug and alcohol tests will be conducted at the time of employment and randomly throughout the school year. In addition, testing will be ordered if the supervisor has a “reasonable suspicion” that the employee has engaged in prohibited drug or alcohol use. All employee drug and alcohol testing records shall be kept confidential.
In accordance with federal law, a bus driver will not be permitted to drive if he or she:
1. possesses alcohol or uses alcohol or drugs, while on duty;
2. uses alcohol four hours or less before duty;
3. has an alcohol concentration of .04 or higher, or tests positive for drugs;
4. uses alcohol within eight hours after being involved in an accident in which there was a fatality or in which the bus driver received a moving violation;
If a driver has engaged in prohibited alcohol or drug use, he or she will be removed from driving duties and subject to disciplinary procedures and penalties pursuant to district policy and/or collective bargaining agreement. No driver who has abused drugs and/or alcohol may return to duty unless he/she has completed any necessary treatment program and successfully passed required alcohol and/or drug tests. Thereafter, the driver will be subject to follow-up testing.
The Superintendent of Schools shall ensure that a copy of this policy, the testing requirements of the federal regulations, and information on alcohol and drug abuse and treatment resources are provided to all school bus drivers and other appropriate personnel at the start of each school year.
The Superintendent shall establish regulations necessary to implement this policy.
Omnibus Transportation Employee Testing Act of 1991 (P.L.102-143)
49 United States Code (USC) Section 521(b) 49 Code of Federal Regulations (CFR) Parts 40, 382, 391, 392 and 395