DRUG AND ALCOHOL TESTING OF TRANSPORTATION PERSONNEL 2004
1.1 It is the philosophy of Sevier School District to provide safe and efficient transportation for children to and from school and related activities, and to meet the statutory responsibility for maintaining a competent trained workforce. The Sevier School District is obligated to eliminate illegal drug and alcohol use from the workplace.
1.2 To ensure current policy of Sevier School District that the workplace be drug and alcohol free (policy #2003), a drug and alcohol testing program is implemented, covering any district employee assigned to a safety-sensitive position as defined by this policy (#2004) and required, by reason of job assignment, to possess a Commercial Driver's License (CDL).
1.3 Testing procedures will be in accordance with Utah State Office of Education Pupil Transportation Drug and Alcohol Testing policy and the guidelines of the Substance Abuse Mental Health Services Administration, formerly the National Institute on Drug Abuse, part 40, title 49, code of federal regulations, and in compliance with the Omnibus Transportation Employee Testing Act of 1991.
2 AWARENESS AND PREVENTION
2.1 All employees shall receive information that drug and alcohol use is harmful, wrong and against policy and Utah State law. It is an annual training requirement for "safety sensitive" employees to take awareness training as required by section 104 of Utah State Office of Education Pupil Transportation Drug and Alcohol testing policy [Utah State Regulation (USR)], General Statements of Policy (101.00), Definitions (102.00), Statutes (103.00) and Awareness Program (104.00) from the Utah State Policy Regulation.
3 SAFETY SENSITIVE POSITIONS (102.00)
3.1 In Sevier School District, safety sensitive duties are performed by all school bus drivers -- full and part time, substitutes, mechanics who hold the CDL license, trainers and any other employees involved in the transport of public school students who hold the CDL license, during "on duty" time. This encompasses all time from the time a driver begins to work or is required to be in readiness to work until the time he or she is relieved from work and all responsibility for performing work. "On duty" time definition is covered under "Safety Sensitive Duties." Section (102 A-J) of Utah State Regulation (USR)
4 GENERAL PROHIBITIONS AND SANCTIONS - ALCOHOL (105.00)
4.1 . This policy prohibits any alcohol misuse that could affect the performance of an employee driving a commercial motor vehicle (CMV), including:
4.1.1 Use on the job.
4.1.2 Use during the 4 hours before driving a CMV.
4.1.3 Having prohibited concentrations of alcohol in the system while
driving a CMV. Prohibited concentrations are established in this
policy and set forth in Paragraph C, below.
4.1.4 Use during 8 hours following an accident.
4.2 No school district employee assigned safety sensitive duties will refuse to submit to post-accident, random, reasonable suspicion, or follow-up alcohol or controlled substances testing. No school district supervisor will permit an employee who refuses to submit to such testing to perform or continue to perform safety-sensitive duties.
4.3. Prohibited Blood-Alcohol Concentrations (BAC)
4.3.1 This rule establishes a "ZERO-TOLERANCE" policy for school district personnel assigned to safety sensitive positions.
4.3.2 An employee with a BAC of 0.0001 but less than 0.02 is not permitted to perform safety-sensitive duties for a minimum of 8 hours.
4.3.3 An employee with a BAC of at least 0.02 but less than 0.04 is not permitted to perform safety-sensitive duties for a minimum of 24 hours.
4.3.4 An employee with a BAC of 0.04 or greater is subject to the provisions of paragraph D, below.
4.4.1 Following a determination that an employee has violated the alcohol prohibitions listed in this section, including having a test result of 0.04 BAC or greater, the following sanctions apply:
126.96.36.199 If the violation occurs while the employee is engaged in safety-sensitive duties or immediately after the employee ceases to perform safety-sensitive duties such that the impaired employee did not expose students or other employees to undue risk, the employee must be removed from duty and cannot be returned to a safety-sensitive position until the following minimum requirements are met:
4.4.2 The employee undergoes evaluation, and where necessary, rehabilitation.
4.4.3 A substance abuse professional determines that the employee has successfully complied with any required rehabilitation. In the event that evaluation of an employee by a substance abuse professional is performed, or the employee becomes involved in any rehabilitation program, counseling, or hospitalization as a result of use, misuse, or abuse of alcohol or any type of controlled substance, legal or illegal, Sevier district policy will determine the district's role in such rehabilitative activities, including the determination of whether the district will participate in the financing of such activities. This policy does not require Sevier district, either on its own, or through its insurance carrier, to pay for such counseling, rehabilitation or hospitalization.
4.4.4 The employee undergoes a return-to-duty test with a result of less than 0.001 BAC.
4.4.5 The employee is subject to follow-up testing for a period of five years from the date of the confirmed violation.
5 GENERAL PROHIBITIONS AND SANCTIONS - DRUGS (106.00)
5.1 Employees will not possess or use any controlled substance as defined
in 58-37-4 UCA and the Omnibus Act except when prescribed by a licensed physician, osteopath, psychiatrist, dentist, or other medical professional licensed to prescribe controlled substances under Utah state law. The prescription must be valid and current.
5.2 Except for medications validly prescribed to the employee, no employee will store or bring into any State facility or vehicle, controlled substances except those held as evidence.
5.3 If an employee is taking a prescription medication that has a significant potential to affect or impair safety in performance of duties, the employee must notify the supervisor before beginning the work shift. The employer may require the employee to undergo evaluation by a physician to
determine fitness for duty.
5.4 Employees who find it necessary to bring a prescribed controlled substance into a state facility will be responsible for securing the medication in a manner that will prevent its theft or use by others.
5.5 Sanctions are as listed in Section IVD above and procedures outlined in Subsection 106.00 E of USR.
5.6 Termination from district employment is mandatory for an employee whose test for illegal controlled substances is confirmed to be positive under test guidelines set forth in this policy, provided the employee failed to report such use to the supervisor prior to being tested or prior to being notified of the test when such notice is given. An employee may apply for a similar position in another Utah school district after two years under the conditions outlined in Subsection F. 1 through 4 of USR
6. GENERAL REGULATIONS (107.00)
Sevier School District Board of Education appointed the Transportation Supervisor as the Drug Program Coordinator and an attendance area supervisor as the Alternate Drug Program Coordinator. Duties are as listed in the Utah State Regulation (USR). Subsections 107.01 through 107.08 apply as written in the USR.
7. TESTING OPERATIONS (108.00)
7.1 Testing will be in accordance with procedures outlined in Section 108.01 through 108.10 as written in the USR with the following addition: Tampering with samples. Subsection 108.10C4.
7.2 Sevier District policy is when a test (both SUSPECT and OBSERVED) sample is negative, the discipline of the donor will include as a minimum, payment for the second test and suspension without pay for two working days. A positive test in either case requires mandatory termination of the employee.
8. RANDOM TESTING (109.00)
Testing will be in accordance with procedures outlined in Subsection 109.01 through 109.09 as written in the USR.
9. RANDOM DRUG TESTING PROGRAM CHECKLIST FOR SUPERVISORY
Procedures as written in Section 110 of the USR will be followed by supervisors.
10. RANDOM DRUG TESTING PROGRAM CHECKLIST FOR EMPLOYEES (111.00)
Procedures as written in Section 111 of the USR will be followed by employees.
11. REASONABLE SUSPICION TESTING (112.00)
Testing will be in accordance with procedures outlined in Subsection 112.01 through 113.00, USR. The following (112.01) is added: The immediate supervisor
may direct a test when there is reasonable suspicion that drugs or alcohol are
present in the employees system. This test should be coordinated with the
Drug Program Coordinator or the alternate coordinator so proper steps may be taken to document the test.
12. SAMPLE LETTER – NOTICE TO EMPLOYEE OF REASONABLE SUSPICION DRUG TESTING (113.00)
(113.01) A letter of notification will document the verbal order to test
the employee and will be sent within two working days of the required test.
13. PRE-EMPLOYMENT TESTING (114.00)
Testing will be in accordance with procedures outlined in Subsection 114.01
through 114.06, USR added (114.04B). Sevier School District will pay for the physical exam and drug test provided the applicant is accepted for employment in a safety sensitive position. This test is in conjunction with the CDL requirement for employment.
14. POST ACCIDENT TESTING (115.00) (116.00)
14.1 Testing will be in accordance with procedures outlined in Subsection 115.01 through 115.08 USR added (115.01 E). Sevier district policy is that all accidents are reportable within the current Utah State Law. The dollar damage amount estimate is made by the police officer investigating the accident. It is the driver's responsibility to be tested within the appropriate time limit under this policy and current regulations. In the event the time limit of 8 hours for alcohol and 32 hours for drugs cannot be met, it should be documented by both the driver and the Drug Program Coordinator.
14.2 (115.02N) added. Drivers will need assistance at the accident site and should have public safety personnel contact the nearest school district. The transportation supervisor is to assist in this emergency. If a driver is required to be tested, they are immediately suspended from driving duties with pay pending the investigation and testing results. The driver's first responsibility is for the welfare of his students and secondary is the drug testing requirement under Utah state regulation.
15. RETURN TO DUTY AND FOLLOW-UP TESTING (117.00 - 119.00)
Testing will be in accordance with procedures outlined in Subsection 17.01 through 119.00, USR.
16. MEDICAL REVIEW OFFICER (120.00)
Duties, organizational relationships, communications, test results and their distribution, and Reinstatement of Employee to Safety Sensitive duties apply as outlined in Subsections 120.01 through 120.06.
17. APPENDICES (121.00)
These apply as needed with sample forms for use in testing of employees.
This policy is in addition to Sevier School District Policy 2003, Drug and Alcohol Free Workplace, which applies to all personnel employed by the district.