FILE:  GAMEB

Cf:  GAMEA, GAMFC

 

TRANSPORTATION EMPLOYEE DRUG TESTING

 

 

The Grant Parish School System recognizes the need to ensure both employees and students with a drug-free environment.  With this in mind, the following drug-free workplace guidelines for employees have been established:

 

1.

The Grant Parish School Board under the direction of the Superintendent will implement procedures to make all employees aware of the dangers of drug abuse in the workplace; the School System's policy of maintaining a drug-free workplace; the penalties for violation of the drug-free policy; the programs available to employees who seek assistance with alcohol or other drug abuse problems.

 

2.

Any employee who has an alcohol or other drug abuse problem, which they feel may affect work performance, is encouraged to seek voluntary counseling or professional assistance.  Any information provided by the employee concerning this matter shall be deemed strictly confidential.  Upon the first request, any accumulated sick days or leave without pay may be used for this professional assistance.  Future requests shall be evaluated as needed.  Due process procedures for dismissal shall be held for all employees where inadequate job performance has been documented.

 

3.

The unlawful manufacturing, distribution, dispensing, possession, or use of intoxicants, drugs or controlled substances by an employee while on the job, or on school system property or on school system buses or other school system vehicles shall result in immediate suspension without pay and recommendation for job termination.  Any illegal substances found in such circumstances shall be turned over to the appropriate law enforcement agency.

 

4.

All employees shall be given a copy of this policy and shall be thereby notified that any employee who is engaged in the performance of his/her duties under a federal mandated drug and alcohol testing program shall, as a condition of employment, agree to abide by the terms of this policy and shall further agree to notify the Superintendent's Office of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.  The Superintendent or his/her Designee shall notify the granting agency within ten (10) days after receiving notice from an employee of such conviction and shall implement the terms of this policy within thirty (30) days of the conviction.

 

5.

The Grant Parish School Board shall in good faith make every effort to continue to maintain a drug-free workplace.

 

6.

The Grant Parish School Board has placed in effect a testing program, which conforms to all requirements issued by the United States Department of Transportation and outlined in 49 CFR 40.  A copy of the entire plan is available to all employees to read by contacting the Transportation Department of the Grant Parish School Board.

To accomplish this purpose Grant Parish School Board does hereby declare that the possession, use, distribution or sale of illegal drugs on Grant Parish School Board premises and all work locations by an employee and/or the reporting for work in a condition caused by off-duty use of drugs, alcohol, or a condition caused by off-duty use of drugs, alcohol, or controlled substances, which detrimentally affects his or her ability to perform work, shall be deemed in violation of this policy, and subjects such employee to disciplinary action.

HEALTH EXAMINATIONS, ALCOHOL AND DRUG TESTING FOR DRIVERS REQUIRED TO HAVE A COMMERCIAL DRIVER'S LICENSE

 

Health Examinations

 

All regular, substitute and activity bus drivers employed by the Grant Parish School Board shall have a physical examination at least annually and prior to operating a bus.  Drivers shall submit a certificate from a School Board approved licensed physician stating that the operator has been examined and is free from any ailment, disease, or defect that would adversely affect his/her ability to safely operate a school bus.  Such certificate should be submitted within fifteen (15) days prior to the opening of school.  The Board shall authorize reimbursement for such examination, consistent with a regularly established schedule, if applicable.

 

Alcohol and Drug Testing for Drivers Required to Have a Commercial Driver’s License:

 

This policy provides for compliance with the Omnibus Transportation Employee Testing Act of 1991 and Federal Motor Carrier Safety Regulations and future amendments.

 

This policy applies to all drivers employed by the Grant Parish School Board who are required to obtain and maintain a commercial driver's license (CDL) to perform their duties. The testing requirements apply to driver applicants, driver employees and contract drivers. A driver is covered if, at any point during the year, the driver operates a vehicle for which the operator must have a commercial driver's license when operating the vehicle, such as a school bus.

 

I.

Required Tests

 

An applicant or employee in a covered function is subject to the following required tests: pre-employment, post-accident, reasonable suspicion or cause, random, return-to-work, follow-up test.

 

A.

Post-accident testing is required after an accident during the course and scope of employment in which one or more of the following occurs:

 

1.

A loss of human life;

 

2.

An individual involved in the accident must be treated away from the scene for an injury received in the accident;

 

3.

The driver/employee receives a citation for a moving violation from the police officer handling the accident; and/or

 

4.

A vehicle is required to be towed from the scene.

 

B.

When an employee is ordered for drug and/or alcohol testing, he/she must immediately proceed to the site designated by the supervisor using the shortest route available.  Failure to do so is treated as refusal to take the test and results in disciplinary action, up to and including recommendation for termination from the safety sensitive function (driving).

 

C.

Employees are required to cooperate fully with the drug-testing agency employed by the Grant Parish School Board for drug and/or alcohol testing purposes.  Refusal to submit to drug and/or alcohol testing, or attempts to obstruct the testing is treated the same as if the employee had tested at 0.02 or greater for alcohol or had tested positive for drugs. The following are examples of conduct that are treated as a refusal:

 

1.

Failure to provide adequate breath for testing when required without a valid medical explanation;

 

2.

Engaging in conduct that clearly obstructs the testing process;

 

3.

Leaving the scene of an accident before being tested (except, for example, when necessary to receive medical treatment); and/or

 

4.

Not being reasonably available for a test or failure to sign the alcohol testing form.

 

II.

Consequences of Positive Test Results

 

A.

Applicants:  Job applicants are denied employment with the Grant Parish School Board if their test results are positive on a pre-employment drug/alcohol test.

 

B.

Employees:  If an employee's test results are positive on a random, post-accident or reasonable cause drug/alcohol test, the employee is subject to disciplinary action as set forth in Board policy.

 

C.

Retest of a positive drug result:   An applicant or an employee has the right to a retest of the split specimen; at employee's or applicant's expense, within seventy-two (72) hours after the notification by the Medical Review Officer that the results are positive.

 

III.

Department of Transportation

 

A.

Alcohol:  49 CFR 382 requires an employer to remove from the covered function (driving) and refer to a substance abuse professional, any employee that tests positive (0.04) and removal from the covered function any employee that tests 0.02 to less than 0.04 for at least twenty-four (24) hours after his/her present shift has ended.

 

1.

No employee whose duties require a Commercial Driver's License may use alcohol for at least six (6) hours prior to operating the vehicle on duty.

 

2.

No employee required to take a post-accident alcohol test may use alcohol for eight (8) hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.

 

B.

Controlled Substances:  49 CFR 382 requires an employer to remove from the covered function (driving) any employee who has a positive test result.

 

C.

Refusal to Test:  A driver who refuses to submit to a post-accident, random, reasonable suspicion or follow-up controlled substance or alcohol test shall not remain on duty.

 

IV.

Grant Parish School Board's Disciplinary Action

 

A.

Alcohol:  0.02 or positive results:

 

1.

Any employee testing 0.02 or higher on an alcohol test is removed from the covered position (driving) and referred to a substance abuse professional. The employee shall be recommended for termination from his/her safety sensitive function (driving).

 

2.

The Board will provide transportation for any driver testing above 0.02.

 

B.

Controlled Substances:   Any employee whose test results are positive shall be removed from the covered function (driving) and referred to a substance abuse professional.  The employee shall be recommended for termination from the safety sensitive function (driving).

              

Adopted:  November, 1999

Recoded:  February, 2003

Revised:  August, 2006

Approved:  October, 2006

 

 

Ref:    49 USC 5331(The Omnibus Transportation Employee Testing Act of 1991) (PL 102 -143)   

49 CFR 10 (Maintenance of and Access to Records Pertaining to Individuals)

49 CFR 40.1 et seq. (Procedures For Transportation Workplace Drug and Alcohol Testing Programs)

49 CFR 382 (Controlled Substances and Alcohol Use and Testing)

49 CFR 391 (Qualifications of Drivers and LCV Driver Instructors)

La. Rev. Stat. Ann. §§17:81, 23:1601

Board minutes, 11-11-94, 6-8-06, 10-3-06

 

Grant Parish School Board