Alcohol and Drug Testing for Bus Drivers and Other School Employees Required to Possess a Commercial Driving License
The Board of Education recognizes the dangers inherent in alcohol and drug use by employees especially those in safety-sensitive positions. To ensure the safety of its students and in compliance with federal regulations, the Board requires alcohol and drug testing of school bus drivers and other employees required to possess a commercial driving license. (CDL).
The district shall either directly, by contract, or through a consortium, implement and conduct a program to provide alcohol and drug testing of employees in safety- sensitive positions. Any employee who drives a school bus or whose job requires a commercial driver’s license will be subject to testing.
Drug and alcohol tests will be conducted at the time of employment and randomly throughout the school year and after a qualifying motor vehicle accident. In addition, testing will be ordered if the supervisor has a “reasonable suspicion” that the employee has engaged in prohibited drug or alcohol use; prior to return to duty when the employee has been found to violate district policy and federal regulations; and after the employee’s return to duty. All employee drug and alcohol testing records shall be kept confidential.
In accordance with federal law, an employee will not be permitted to drive if he or she:
- possess, consumes or is reasonably believed to possess or have consumed alcohol or drugs, while on duty;
- uses alcohol six hours or less before duty;
- has an alcohol concentration of .04 higher, or tests positive for drugs;
- uses alcohol within eight hours after being involved in an accident or before undergoing a post-accident test, if such a test is required. Illegal drug use by drivers is prohibited on or off duty;
- there is a “reasonable suspicion” to believe a driver has engaged in prohibited alcohol or controlled substance use; or
- the driver refuses to take a required alcohol or drug test.
In addition, because even a small amount of alcohol in an employee’s system is inconsistent with safety, an employee who tests .02 or greater but less than .04 will be removed from driving and other safety-sensitive duties for at least 24 hours following administration of the test and in some cases may be dismissed.
If a driver has engaged in prohibited alcohol or drug use, he or she will be removed from driving duties and be subject to disciplinary procedures and penalties pursuant to district policy, the collective bargaining agreement, and Section 75 of the Civil Service Law. If that driver is subsequently returned to duty, it will only be after he/she has completed any necessary treatment program and successfully passed required alcohol and/or drug tests. Thereafter, the driver will be subject to follow-up testing.
The Superintendent of Schools shall ensure that a copy of this policy, and the regulations and any other information prescribed by federal regulations are provided to all school bus drivers and other appropriate personnel at the start of each school year and to each driver subsequently hired or transferred to a position subject to testing.
The Superintendent shall establish regulations necessary to implement this policy.
Note: Prior policy, 4216
Policy Adopted: December 19, 1994
Amended: June 21, 1999
Amended: May 21, 2001
Ref: United States Department of Transportation (DOT) regulations 49CFR parts 40, 382, 391, 392 and 395) pursuant to the Omnibus Transportation Employee Testing Act of 1991 (P.L. 102-143) (The Omnibus Act)