FILE:  GAMEB

Cf:  GAMD

ALCOHOL AND DRUG TESTING- HOLDERS OF COMMERCIAL DRIVERS’ LICENSES

The DeSoto Parish School Board has a long standing commitment to maintain the highest standards for employee safety and health.  In an effort to promote and maintain a safe, healthful, productive and efficient environment and work place, the DeSoto Parish School Board adopts a policy against controlled substance abuse and alcohol misuse which conforms to all requirements issued by the United States Department of Transportation as outlined in 49 CFR Part 40 and 382.

APPLICABILITY

This policy applies to every person employed by or contracted to the DeSoto Parish School Board who operates a commercial motor vehicle in interstate or intra­state commerce and is subject to the commercial drivers license.  This policy covers all full- time and part-time (substitute and activity) covered operators.

PROHIBITIONS

Alcohol Use and Possession Prohibited:

No operator shall report for duty or remain on duty to operate a school bus or other covered vehicle while having an alcohol concentration of 0.04 or greater.  No operator shall be on duty or operate a school bus or other covered commercial motor vehicle while the operator possesses alcohol.  No operator shall operate a school bus or other covered vehicle within four (4) hours after using alcohol.  No operator required to take a post-accident alcohol test shall use alcohol for eight (8) hours following the accident or until he/she undergoes a post accident alcohol test, whichever occurs first.  Any violation of this policy may result in discipline up to and including termination.

Controlled Substance Use Prohibited:

No operator shall report for duty or remain on duty when the operator uses a Schedule I drug of the Schedule of Controlled Substances of the Drug Enforcement Agency or an amphetamine, narcotic, or any other habit-forming drug.  The schedule of drugs includes, but is not limited to, opiates, opium derivatives, hallucino­genic substances, depressants, and stimulants.  The operator shall not consume any of these controlled substances while off duty or on duty.  Any violation of this policy may result in discipline up to and including termination.

Impairment Prohibited:

No operator shall report for work or drive impaired because of any drug or controlled substance.  A operator may use a substance administered by or under the instruction of a physician who has advised the operator that the substance will not affect the operator's ability to safely operate a motor vehicle.  The operator must furnish written evidence of the doctor's prescription to his/her supervisor prior to operating any covered vehicle.  Impaired means under the influence of a substance so that the operator's motor senses -- i.e., sight, hearing, balance, reaction, reflex, or judgment -- either are or may be presumed affected.  Any violation of the policy may result in discipline up to and including termination.

Possession Prohibited:

No operator at any work site shall possess any controlled substance, lawful or unlawful, which could result in impaired performance, with the exception of substances administered by or under the instructions of a physician.  Work site means any motor vehicle, office, building, yard, or other property operated by the DeSoto Parish School Board, or any other location at which the operator is to perform DeSoto Parish School Board work.  Possess means to have either in or on the operator's person, personal effects, motor vehicle, or areas substantially entrusted to the operator's control.  Any violation of this policy may result in discipline up to and including termination.

Controlled Substance Test Results:

No operator shall report for duty, remain on duty or drive a vehicle if the operator tests positive for any controlled substance.  The operator shall be suspended without pay.

REFUSAL TO SUBMIT TO A REQUIRED ALCOHOL OR CONTROLLED SUBSTANCE TEST

Any operator who refuses to submit to a post-accident alcohol or controlled substance test required under this policy, a random alcohol or controlled substances test when required, a reasonable suspicion of alcohol or controlled substance test, or a follow-up alcohol or controlled substance test shall be immediately suspended without pay pending discipline including possible termination.

TESTS REQUIRED

For purposes of assuring compliance with the Federal Motor Carrier Safety regulations and future amendments and this policy, employee-drivers and new applicants for positions as operators shall be subject to alcohol and drug screening.  Screening means testing of breath and/or of urine to determine use or impairment.

1. Pre-Employment Testing.  Prior to assuming a driving position, all applicants shall be subject to testing for alcohol and controlled substances which complies with the requirements of 49 CFR 382.301, and as hereafter amended.  Refusal to submit to screening shall make it impossible to medically qualify the applicant, and the applicant cannot be employed as an operator.
   
   

2. Post-Accident Testing.  After any accident involving a covered vehicle, each operator shall be tested for alcohol and controlled substances if the accident involved the loss of human life, bodily injury, property damage, or an operator receives a citation under state or local law for a moving traffic violation arising from the accident.  Alcohol tests should be administered within two (2) hours following the accident but not more than eight (8) hours following the accident.  A controlled substance test is required to be administered within thirty-two (32) hours following the accident.  An operator who is subject to a post-accident testing shall remain readily available for such testing or may be deemed to have refused to submit to testing.  A refusal to submit to testing may result in discipline up to and including termination.
   
   

3. Random Testing.  The minimum annual percentage rate for random alcohol testing shall be 25% of the average number of operator positions.  The minimum annual percentage rate for random controlled substance testing shall be 50% of the average number of operator positions.  The selection of operators for the random alcohol and controlled substance testing shall be made utilizing a random numbered table of a computer based random number generator that is matched with operators’ social  security numbers.  The procedures for the random testing shall be conducted in accordance with 49 CFR 382.305 and as hereafter amended.
   
   

4. Reasonable Suspicion Testing.  When a supervisor or other supervisory personnel who is trained in accordance with 49 CFR 382.603 and as amended as based upon the required observations for alcohol and/or controlled substances formed reasonable suspicion to conduct an alcohol test or a controlled substance test.  The observations and tests shall be conducted in accordance with the provisions of 49 CFR 382.307 and as hereafter amended.
   
   

5. Return to Duty Testing.  Prior to returning to duty after engaging in conduct prohibited by this policy, the operator shall undergo a return to duty alcohol test with a result indicating an alcohol concentration of less than 0.02 and/or a controlled substance test with a result indi­cating a verified negative results for controlled substance use.
   
   

6. Follow-up Testing.  If determined that an operator is in need of special assistance in resolving problems associate with alcohol misuse and/or use of controlled substances, such operator shall be subject to unannounced follow-up alcohol and/or controlled substance testing as directed by a substance abuse professional in accordance with the provisions of 49 CFR 382.311 and as hereafter amended.
   
   

7. Other Alcohol-Related Conduct.  If an operator is tested as provided in this Section and found to have an alcohol concentration of 0.02 or greater but less than 0.04, such operator shall be prohibited from returning to duty and operating any covered motor vehicle until the start of the operator's next regularly scheduled duty period, but not less than twenty-four (24) hours following administration of the test.
   
   

8. All procedures for any testing shall conform to the requirements of 49 CFR 40.1 et seq. as amended.

PRESCRIPTION DRUGS/MEDICATIONS

It shall be the responsibility of all employees drug tested to identify, before the test, any prescription drugs and/or medication currently being taken or recently taken which could affect the results of the drug test.  A written physician's documentation of all medication being taken at the time of the test may be required.

POSITIVE TEST RESULT

Controlled Substances:  Results must be at or above the testing levels

TREATMENT AND REHABILITATION PAYMENTS

An employee found to have an alcohol concentration greater than 0.04 or a controlled substance testing with a positive urine specimen may elect to pursue professional counseling, treatment and rehabilitation.  All such professional counseling, treatment and rehabilitation shall be at the employee's expense.

CONSEQUENCES OF POSITIVE TEST RESULTS

1. APPLICANTS:  Job applicants will be denied employment with the DeSoto Parish School Board if their test results are positive on a pre-employment drug or alcohol test.
   
   

2. EMPLOYEES:  If an employee's test results are positive, on a random, post­accident, or reasonable cause drug or alcohol test, the employee shall be subject to disciplinary action as set forth in this policy.
   
   

3. 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 Office that the results are positive.

DEPARTMENT OF TRANSPORTATION PROHIBITIONS 49 CFR 382 SUBPART B

Alcohol:

49 CFR Part 382 requires an employer to remove from the covered function (driving) and referral to a substance abuse professional, any employee who tests positive (0.04) and removal from the covered function any employee who tests 0.02 to less than 0.04 for at least twenty-four (24) hours.

Controlled Substances:

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

Refusal To Test:

No operator shall refuse to submit to a Post-Accident, Random, Reasonable Suspicion, or Follow-up controlled substance or alcohol test and remain on duty.  The employee shall be suspended without pay and/or terminated from employment.

DESOTO PARISH SCHOOL BOARD'S DISCIPLINARY ACTION

Alcohol:  0.04 or Positive Result

Any employee testing 0.04 or higher on an alcohol test shall be removed from the covered position (driving) and referred to a Substance Abuse Professional.  The employee shall be suspended without pay and/or terminated from employment.

Alcohol:  0.02 to Less Than 0.04

An employee testing 0.02 to less than 0.04 on an alcohol test shall be prohibited from returning to duty and operating any covered motor vehicle until the start of the operator's next regularly scheduled duty period, but not less than twenty-four (24) hours following administration of the test.  Repeated incidents may result in disciplinary action including termi­nating from employment.

Controlled Substances:

Any employee whose test results are positive shall be removed from covered function (driving).  The employee shall be suspended without pay and/or terminated from employment.

Approved:  December, 2003

Ref:    49 USC 5331 (The Omnibus Transportation Employee Testing Act of 1991)

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

49 CFR 40.1 (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 Longer Combination Vehicle Driver Instructors)

La. Rev. Stat. Ann. §§17:81, 23:1601, 49:1001, 49:1002, 49:1005, 49:1011, 49:1012, 49:1015

Board minutes, 12-1-94

DeSoto Parish School Board