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 shall be 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 shall 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.

DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET

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 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.  (Choose one.)

            Iowa Drug and Alcohol Testing Program (IDATP). 

            Other service provider.

            School district will conduct its own program.

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

        Draft revised board policy and its supporting documents and forms.

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

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

            Drivers complete policy sign off sheet.  (403.7E2)

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

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

        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..

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

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

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

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

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

        Contact the collection site and arrange a meeting to review the following.

            Procedures for setting up appointments.

            School district's collection site contact person.

            Procedures when a driver has no photo identification

            Procedures for receiving alcohol test results.

            Procedures for transporting drivers with an alcohol test result of 0.02 alcohol concentration or greater.

Section II.    Record keeping.

        Ensure drug and alcohol testing related records are retained in limited access secure storage files separate and apart from the drivers' general personnel records.

        Verify/create individual driver drug and alcohol testing file to contain:

            Policy sign off sheet.  (403.7E2)

            Agreement to participate in the program.  (403.7E2)

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

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

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

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

            Copy of drug test chain of custody form.

            Copy of alcohol test form.

            Refusals to test.

            Substance abuse professional evaluation and treatment records, (if any).

            Other information pertinent to the driver.

            Supervisor and/or driver training sign-off sheets.

        Verify/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.  (403.7E8)

            Miscellaneous drug and alcohol testing related information.

            Reasonable suspicion training certificates.

        Records related to the calibration of the evidentiary breath testing devices, training of the collection site personnel and other related information kept by (IDATP/service provider) is available from (IDATP/service) provider within two working days.  

        Records related to saliva alcohol testing devices.

        Records related to the school district serving as a saliva alcohol testing or urine specimen collection site.

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

        Generally, a driver's 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 decision maker 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. 

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

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

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

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

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

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

            Received no later than 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 alcohol concentration.

            Driver may continue to perform a safety-sensitive function.

        Alcohol test result is 0.02 to 0.0399 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 action. 

            Document incident and file.

        Alcohol test result is 0.04 or greater alcohol concentration.

            School district transport driver to home or other location.

            Driver may not perform a safety-sensitive function. 

            Make arrangements for substitute, if necessary.

            Place driver on leave.  

            Take necessary steps after consulting with the school attorney to terminate the driver.

Section VI:    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.

         Make arrangements for substitute, if necessary.

            Place driver on leave. . 

            Take necessary steps after consulting with the school attorney to terminate the driver.

Section VII:    Random Drug and Alcohol Testing.

        Receive the random selection list from IDATP.

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

        Notify selected drivers.

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

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

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

       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, Drug Test Results, for appropriate action based on test results.

Section VIII:    Reasonable Suspicion Testing.

        Driver supervisors who have received reasonable suspicion training document specific, contemporaneous, articulable observations of the driver's behavior, speech or body odors on the Reasonable Suspicion Observation form.  (403.7E6)

        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.  (403.7E6)

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

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

        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.  (403.7E6)

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 a driver in the event of an accident.  (403.7E10)

        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.)

            A fatality, other than the driver, occurred. 

            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 motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.  

        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 arrangements 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 arrangements 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 the 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.

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

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

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

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

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

I understand that drug and alcohol testing records about me are confidential and may be released in accordance with this policy, its supporting documents or the law.

(FORM ATTACHED)

(FORM ATTACHED)

(FORM ATTACHED)

(FORM ATTACHED)

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

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

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

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

__________________________________________________  ________________________

(Signature of Employee)                                                                (Date)

(FORM ATTACHED)

POST-ACCIDENT DRUG AND ALCOHOL TESTING INSTRUCTIONS TO DRIVERS

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.

    School district contact person:           

    School district telephone:               

    School district contact person home telephone:           

    Back-up school district contact person:               

    Back-up school district contact person home telephone:           

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

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

    b.    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.

    c.    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 of the accident by a tow truck or other motor vehicle.

        (1)    "Disabling damage" is damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.  It includes damage to motor vehicles that could have been driven, but would have been further damaged if so driven.  

        (2)    "Disabling damage" excludes damage which can be remedied temporarily at the scene of the accident without special tools or parts:

            a.    Tire disablement without damage even if no spare tire is available.

            b.    Headlight or taillight damage.

            c.    Damage to turn signals, horn, or windshield wipers which make them inoperative.

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 will result in termination of the driver.

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

9.    Using the Transportation Emergency Assistance Program manual 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 if no alcohol test was conducted:

    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 school district contact person upon return to the school district.

13.    Document failure to submit to a post-accident drug test if no drug test was conducted:

    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 school district contact person upon return to the school district.

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. 403.7R2.

A.    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, the superintendent, at 1600 Grand Ave, Emmetsburg, Iowa.

B.    Covered Drivers.

1.     A driver is covered by the drug and alcohol testing program if the driver:
   •     Drives a vehicle transporting sixteen or more persons, including the driver, OR drive a vehicle weighing over twenty-six thousand one pounds; and 
   •     Required to hold a commercial driver's license for the driver position.
2.     Covered drivers include:
   •     Applicants seeking a position as a driver;
   •     Full time, regularly employed drivers;
   •     Casual, intermittent, occasional or substitute drivers; and
   •     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 alcohol concentration or greater.

2.     Drivers shall not report for duty or remain on duty when using any drug except:

   • When a licensed medical practitioner has advised the driver that the drug does not adversely affect the driver's ability to safely operate a school vehicle.

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 resulting in suspension from duties pending termination of the driver.
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 Testing Procedures.

    1.    Driver's breath or saliva is tested for alcohol.

    2.    The screening alcohol test is conducted with an evidentiary breath testing device or a saliva testing device.

            a.    The screening breath alcohol or saliva test determines whether the driver's alcohol concentration is less than 0.02.

                   (1)    A screening alcohol test result of less than 0.02 alcohol concentration allows the driver to continue to perform a safety-sensitive function.

                   (2)    A  screening alcohol test result of 0.02 alcohol concentration or greater requires a confirmation test.

    3.    The confirmation alcohol test is conducted only by an evidentiary breath alcohol testing device to determine whether the driver can continue to perform a safety-sensitive function.

                    (a)    A confirmation alcohol test result of less than 0.02 alcohol concentration allows the driver to continue to perform a safety-sensitive function.

                    (b)    A confirmation alcohol test result of 0.02 alcohol concentration but less than 0.04 alcohol concentration requires the driver to cease performing a safety-sensitive function for twenty-four hours.

                    (c)    A driver will be terminated for a confirmation alcohol test result of 0.04 breath alcohol concentration or greater.

    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 collection site 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 school district contact person 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 breath alcohol technician (BAT) or saliva test technician (STT) and the driver complete and sign the appropriate sections of the alcohol testing form.

                     e.    Evidentiary breath alcohol testing device procedures.

                              (1)    The driver forcefully blows into the mouthpiece for at least six seconds or until an adequate amount of breath has been obtained.

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

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

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

                                         (c)    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)    The results of the screening alcohol test are shared with the driver.

                       f.    Saliva alcohol testing device procedures.

                              (1)    The driver and the STT review the expiration date of the saliva alcohol testing device, and if the date is valid, the packaging is opened.

                              (2)    The driver or STT places the swab in the driver's mouth until the swab is completely saturated.  If the alcohol test is started again, only the STT may place the swab in the driver's mouth.

                               (3)    The saliva alcohol testing device is activated with the saturated swab in place.

                               (4)    The saliva alcohol test is stopped when the driver fails twice to provide an adequate amount of saliva.  In that case:

                                        (a)    The school district is informed.

                                         (b)    The driver must submit to a breath alcohol test immediately.

                               (5)    The saliva testing device results are read two minutes, and no later than fifteen minutes, after the saliva testing device was activated.

                                (6)    The results of the screening alcohol test are shared with the driver.

                      g.    The driver and breath alcohol technician or saliva test 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 BAT or STT  notes the driver's refusal to sign.

                     h.    Screening alcohol test results.

                                (1)    An alcohol test result of less than 0.02 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 alcohol concentration or more requires a confirmation alcohol test be performed between fifteen and thirty minutes after the screening test.

                               (3)    The BAT or STT provides the school district contact person with a copy of the alcohol testing form if written communication was not used to report the test results.

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

    5.    Confirmation alcohol testing steps.

                     a.    The driver is instructed 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.    The confirmation alcohol test is done between fifteen and twenty minutes of the screening alcohol test whether or not the driver followed the requirements.

                      c.    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.

                     d.    If a different collection site person conducts the confirmation alcohol test, the driver must again provide photo identification.

                     e.    The testing procedure is explained to the driver by the, a BAT.

                     f.    The BAT 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.

                     g.    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.

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

                      i.    The driver and BAT 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 BAT notes the driver's refusal to sign.

                       j.    The BAT informs the school district's contact person of the results of the test in a confidential manner.

                             (1)    An alcohol test result of less than 0.02 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 school district contact person immediately of confirmation alcohol test results of 0.02 alcohol concentration or more.

                            (3)    The collection site person provides the school district contact person with a copy of the alcohol testing form if written communication was not used to report the test results.

                   k.    Potentially incomplete or invalid confirmation alcohol tests are repeated with corrected procedures.

                   l.    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 function.

                            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 only 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.

                            d.    The driver will be terminated for a positive drug test result. 

                  3.    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 collection site 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.

                            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.    The school district contact person makes arrangements with the collection site for the test.

        b.    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 school district contact person 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.

        c.    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.

        d.    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.

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

        f.    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.

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

        h.    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.

        i.    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.

        j.    The collection site person inspects the specimen for color and other signs of contaminants and notes any unusual findings in the remarks section of the chain of custody form.

        k.    Another specimen is required as soon as possible under direct observation if adulteration or substitution is suspected by the collection site person.  Specimens suspected of adulteration or substitution are also sent to laboratory for testing.

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

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

        n.    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.

        o.    The collection site person completes the chain of custody form and the driver signs the form indicating the collection is complete.  Failure of the driver to sign the form after the drug test is not considered a refusal to test. However, the collection site person notifies the school district contact person and notes the driver's failure to sign on the form.  

        p.    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 specimens 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).

             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  to test only for the drug found in the primary specimen.

                       (3)    The MRO contacts the school district contact person for assistance if the driver cannot be reached.

                       (4)    The school district contact person must confidentially inform the driver to contact the MRO.

                       (5)    Upon contacting the driver, the school district contact person 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 school district contact person 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 school district contact person 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.    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 fourteen days after performing a safety-sensitive function, information must be obtained, or a good faith effort must have been made to obtain the information about the driver's drug and alcohol history.

        a.    The following information must be obtained about the driver for the two year period preceding the date of the application.

            (1)    Alcohol test result of 0.04 alcohol concentration or greater;

            (2)    Positive drug test results; and

            (3)    Refusals to be tested.. 

        b.    The information must be obtained, or a good faith effort made to obtain, the information if the driver is currently performing and will continue to perform a safety-sensitive function.

        c.    The information must be obtained or a good faith effort made to obtain the information if the driver performed a safety- sensitive function and is no longer employed by the school district.

        d.    The information does not need to be obtained if the driver did not perform a safetysensitive function and is no longer employed by the school district.  

        e.    The school district may obtain information held by the prior employer for the twoyear period preceding the date of application even if the information came from other employers.

        f.    A good faith effort requires the school district to request and hopefully receive, the information prior the driver driving and no later than fourteen days after first driving by taking the following steps:

          (1)    Obtain the driver's written consent immediately after a conditional employment offer is made.

          (2)    Send a completed consent for Release of Information signed by the driver to prior employers via certified mail.

          (3)    Contact the  prior employers' drug and alcohol testing program managers about the status of the request if no response is received within reasonable period.

          (4)    Take appropriate action (i.e., follow-up with a SAP, terminate employment) if the information received, whether prior to or after the fourteen day period, requires.

          (5)    Document and maintain the documentation of the steps taken to obtain the information when it is not received or the prior employer refuses to submit the information.

G.    Random Testing.

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

       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..

H.    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 documents 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.

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

        b.    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; or

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

            (1)    "Disabling damage" is damage which precludes the departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.  It includes damage to motor vehicles that could have been driven but would have been further damaged if so driven.

            (2)    "Disabling damage" excludes damage which can be remedied temporarily at the scene of the accident without special tools or parts.

                (a)    Tire disablement without other damage even if no spare tire is available.

                (b)    Headlight or taillight damage.

                (c)    Damage to turn signals, horn, or windshield wipers which make them inoperative..

    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.

 J.    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 documents 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. The reasonable suspicion training certificate must be maintained by the school district until the employee leaves employment of the school district or is no longer authorized to make a reasonable suspicion determination.

     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 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 testing device or saliva alcohol 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 evidentiary breath testing device is a certified breath alcohol technician (BAT).

    8.    Ensure, through the school district's drug and alcohol testing program service provider, that the collection site person using a saliva alcohol testing device is a certified BAT or saliva test technician (STT).

K.    Consequences of violating the drug and alcohol testing program policy, its supporting documents 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 refusing to submit to drug and/or alcohol testing are considered insubordinate and are subject to termination.

        e.    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 documents 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 documents and procedures.

L.    Drug and alcohol testing records.

    1.    Drug and alcohol testing records are stored in locked files at limited access locations 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 driver's written consent.

        b.    Records may be released to appropriate school district employees without a driver's written consent.

        c.    School districts may, without a driver's 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 documents 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 alcohol concentration.

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

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

             (4)    Records related to substance abuse evaluations.

        b.    Two years:

            (1)    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 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.

            (6)    Annual calendar year summary.

            (7)    Records related to the administration of the drug and alcohol testing program.

        d.    Forever or as designated below.

            (1)    Reasonable suspicion training certificates must be retained two years after the employee is no longer authorized to make a reasonable suspicion determination.

            (2)    Records related to the education and training of drivers must be retained two years after the employee ceases to perform a safety sensitive function.

Air blank - a reading by an evidentiary 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 alcohol test or saliva alcohol test under the law.

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

Breath Alcohol Technician (BAT) - an individual who instructs and assists drivers in the alcohol testing process and operates an evidentiary breath testing device, non-evidentiary breath testing device or saliva 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 drug test or alcohol test is neither a positive nor a negative test.

Chain of Custody - procedures to account for the integrity of each urine 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 alcohol test with a result of 0.02 breath alcohol concentration or greater that provides quantitative data of breath 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 vehicle 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 or saliva specimen.

Licensed medical practitioner – a person who is licensed, certified, and/or registered, in accordance with applicable federal, state, local or foreign laws and regulations, to prescribe controlled substances and other drugs. 

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.

Random Selection Process - when drug and alcohol 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 or saliva 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 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.

Saliva test technician (STT) – an individual who has successfully completed U.S. DOT approved training for saliva alcohol testing who instructs and assists drivers in the initial (screening) alcohol testing process  and operates a non-evidentiary breath testing or saliva testing device..

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.