File:  GDQ

 

DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS

  

            The school division shall implement a drug and alcohol testing program for school bus drivers, car drivers employed to transport students, and other employees who are required to hold a commercial driver's license (CDL) by U.S. Department of Transportation Regulations, who perform safety-sensitive functions as required by federal and state law and regulations. (Bus and car drivers will simply be referred to as ÒdriversÓ.)

 

Prohibited conduct

 

            Drivers shall be prohibited from alcohol possession and/or use on the job, use during the four hours before performing safety-sensitive functions, having prohibited concentrations of alcohol in their systems while on duty or performing safety-sensitive functions, and use during eight hours following an accident or until after undergoing a post-accident alcohol test, whichever occurs first.

 

            No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substances except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect his ability to safely operate a motor vehicle.

 

Required testing

 

            Pursuant to state law, drivers shall be subject to pre-employment/pre-duty drug testing, reasonable suspicion alcohol and drug testing, random alcohol and drug testing, post-accident alcohol and drug testing, return-to-duty and follow-up alcohol and drug testing pursuant to procedures set out in the federal regulations.  Any employee who refuses to submit to a post-accident, random, reasonable suspicion or follow up test shall not perform or continue to perform safety-sensitive functions.

 

Notification

 

            Each driver shall receive educational materials that explain the requirements of federal law and regulations together with a copy of the division's policy and procedures for meeting these requirements. Each driver shall sign a statement certifying that he/she has received a copy of the above materials and the division shall maintain this signed copy.

 

            Before performing each alcohol or controlled substances test, the school division will notify the driver that the test is required by federal law or regulation. 

 (continued)

 

3/09 RCPS                                ROCKINGHAM COUNTY SCHOOL BOARD

 

 

 

File:  GDQ

                                                                                                                             (page 2)

             

Consequences if testing indicates drug or alcohol misuse

 

            If the testing confirms prohibited alcohol concentration levels or the presence of a controlled substance, the employee shall be removed immediately from safety-sensitive functions in accordance with the federal regulations. All drivers shall be advised of resources available, and before a driver is re-instated, if at all, the driver shall undergo an evaluation by a substance abuse professional, comply with any required rehabilitation and undergo a return-to-duty test with negative urine sample.

 

Record retention

 

            The division shall maintain records, in compliance with the federal regulations, in a secure location with controlled access. With the driver's consent, the division may obtain any of the information concerning drug and alcohol testing from the driver's previous employer. A driver shall be entitled upon written request to obtain copies of any records pertaining to the driver's use of alcohol or controlled substances including information pertaining to alcohol or drug tests.

 

            Records shall be made available to a subsequent employer upon receipt of a written request from a driver only as expressly authorized by the terms of the driver's request.

 

Test Procedure

 

            The division shall administer controlled substance tests in accordance with federal laws governing test procedure and testing sites. The division shall take steps to insure proper training and testing procedures are provided.

 

Adopted:

________________________________________________________________________________________________________________________________________________

 

Legal Ref.:       49 U.S.C. ¤ 31136

                       

49 CFR ¤ 382.101 et seq.

 

Code of Virginia, 1950, as amended, section 22.1-178.

 

Regulations of the Virginia Board of Education Governing Pupil Transportation, Including Minimum for School Buses, Requirements for School Bus Drivers, 8 VAC 20-70-10, 8 VAC 20-70-280

(continued)

 

 3/09 RCPS                               ROCKINGHAM COUNTY SCHOOL BOARD

 

File:  GDQ

                                                                                                                             (page 3)

 

Cross Ref.:      GBE  Staff Health

 

GBEA Unlawful Manufacture, Distribution, Dispensing, Possession, or Use of a Controlled Substance

 

Rockingham County Public Schools Administrative Directive: Alcohol and Drug Testing in Compliance with Federal Regulations, AD-GDQ-6/09.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3/09 RCPS                                ROCKINGHAM COUNTY SCHOOL BOARD