403.7E9 POST-ACCIDENT DRUG AND ALCOHOL TESTING INSTRUCTIONS TO DRIVERS
403.7E9 POST-ACCIDENT DRUG AND ALCOHOL TESTING INSTRUCTIONS TO DRIVERSPOST-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.
403.7E10 Drug and Alcohol Testing Program Worksheet
403.7E10 Drug and Alcohol Testing Program WorksheetDRUG 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.
DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET
______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.
DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET
____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)
DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET
____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.
DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET
____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.
DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET
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.
DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET
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.
DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET
___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.