FILE: GAMEB
DRUG TESTING OF BUS OPERATORS
Statement of Purpose
The children of St. Landry Parish are its greatest natural resource and the continued safety and health of the children is of the utmost importance to the St. Landry Parish School System. Therefore, the St. Landry Parish School Board has a compelling interest and commitment to eliminate illegal and unauthorized drug use including alcohol, drug users, drug activities, and drug effects from all its workplaces.
The School Board shall vigorously comply with the requirements of the Drug-Free Workplace Act of 1988, the Omnibus Employee Testing Act of 1991, and all implementing regulations. Of equal interest and commitment is the intent of the St. Landry Parish School Board to afford all employees the respect and dignity they deserve and the full protection of the United States Constitution and all enacted laws of the parish and state.
The St. Landry Parish School Board's Drug-Free Workplace policy dated July 18, 1991, prohibits the manufacturing, distribution, dispensing, possession, or use of controlled substances, including alcohol and drugs, in any workplace operated by the St. Landry Parish School Board.
The Drug Testing policy shall reinforce the existing Drug-Free Workplace policy by implementing active drug detection procedures for all employees required to have a Commercial Drivers License (CDL) for employment. For purposes of this policy, such employees shall include all bus operators, but may include other employees required to possess a CDL. Additionally, the Drug Testing policy shall serve as an active deterrent for keeping all intoxicants from entering the school environment. All CDL safety sensitive employees shall be tested in accordance with pertinent federal regulations. Any violation of this policy by a bus operator shall result in disciplinary action against the bus operator and could result in recommendation for job termination.
Applicability
This policy applies to all bus operators and any other employees that are required to maintain a Commercial Drivers License (CDL) in the scope of their employment. Compliance with this policy shall be required as a condition of employment for qualified applicants, and continued employment for CDL-required drivers employed by the School Board. The cost of any drug tests performed shall be borne by the Board.
Drugs Included in the Screening Policy:
Forensic urine drug testing shall be performed for all of the following classes of drugs: marijuana, opiods, cocaine, amphetamines, and phencyclidine, or any of the controlled Dangerous Substances as listed in Schedule I, II, III, IV, or V of La. Rev. Stat. Ann. §40:964, as may be amended. Testing for alcohol abuse shall comply with federal and state standards.
Alcohol Use or Impairment in the Workplace and Alcohol Testing
The St. Landry Parish School Board is committed to maintaining a safe and productive working environment for all students and employees, as well as the safety of the general public and vendors doing business with the St. Landry Parish School Board. Employees with problems associated with alcohol may compromise the safety of the workplace as well as the general public. Each employee's assistance and full cooperation for the achievement of the St. Landry Parish School Board's overall goal of a drug free workplace is vitally important and is expected and required as a condition of and consideration for continued employment.
Use of alcohol in the workplace, possession, concealment, promotion, or sale of alcoholic beverages in the workplace is strictly prohibited. Being under the influence of alcohol during the scope of employment is also strictly prohibited. Impairment or "being under the influence of alcohol" is defined as a blood alcohol content of 0.04. Presence of alcohol is defined as any concentration of blood alcohol at the level of 0.02 to 0.039. The presence of alcohol in one's body system is strictly prohibited during the scope of employment.
Random testing of bus operators for alcohol shall also be performed in accordance with this policy. Alcohol testing shall be performed by an Evidential Breath Testing (EBT) device or a saliva testing device approved by the National Highway Traffic Safety Administration (NHTSA) with confirmation by an EBT.
A school bus operator who tests positive for the presence of alcohol of 0.02 to 0.039 percent shall be removed from duty for at least twenty-four (24) hours. A school bus operator or driver who tests 0.04 or greater shall not return to duty until a Substance Abuse Program Professional has returned the bus operator or driver to duty.
Types of Drug Testing
Pre-employment - Applicants for employment as bus operators or CDL-required drivers with the St. Landry Parish School Board shall be tested for illicit drug use. Any applicant selected for employment may be hired contingent on providing a negative drug screen. Applicants shall not be allowed to drive any vehicle until they have completed the drug screen process and a negative test is reported to the Director of Personnel by a medical review officer. Urine or saliva samples shall be used for screening of drug or alcohol use. Pre-employment drug screens shall be paid for by the Board.
Post-accident - As a condition of continued employment with the St. Landry Parish School Board, a bus operator may be tested for the presence of drugs or alcohol following an accident during the course and scope of his/her employment, when there is reasonable suspicion that drugs or alcohol are being used. Under circumstances where reasonable suspicion exists, accidents that are reportable because of physical damage or accidents requiring medical attention to the bus operator or others shall require drug testing of the bus operator. Urine samples may be used to test for drugs and alcohol.
Random Testing - The minimum annual percentage rate for alcohol random testing shall be 10% of the average number of driver positions. The minimum annual percentage rate for random controlled substance testing shall be 50% of the average number of driver positions. The selection of drivers 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 drivers' social security numbers. The procedures for the random testing will be conducted in accordance with applicable federal regulations.
Reasonable Suspicion Testing - A driver shall submit to testing when a supervisor or other supervisory personnel, as based upon the required observations for alcohol and/or controlled substances, has 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 applicable federal regulations.
Return to Duty Testing - Prior to returning to duty, a bus operator or driver whose duties require a Commercial Drivers License (CDL) who has previously tested positive for an alcohol or a drug test must be tested for alcohol and drugs.
If the bus operator has been removed from his/her duties for alcohol misuse, he/she must indicate less than .02g% BAC on the return-to-duty alcohol test before he/she can resume his/her duties.
If a bus operator has been removed from his/her duties for a positive drug test, he/she must undergo a return-to-duty drug test and obtain a verified negative result.
Besides the return-to-duty test, the driver must also be evaluated by a substance abuse professional and participate in any assistance program prescribed.
A bus operator or driver must perform any other requirements designated by the School Board, the School Superintendent or the Director of Personnel.
Follow-up Testing - If determined that a bus operator or driver is in need of special assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, such driver shall be subject to unannounced follow-up and/or controlled substance testing as directed by a substance abuse professional in accordance with the provisions of applicable federal regulations.
Testing Procedures - All procedures for any testing shall conform to the requirements of 49 CFR 40.1 et seq. as amended.
Drug Testing Procedures
All procedures used in drug testing programs, including collection, sealing and labeling of samples, chain of custody, storage and transport of specimens, handling of biohazardous wastes, drug testing, reporting results, review of results and confidentiality of drug testing, shall be performed in accordance with statutory provisions, particularly 49 CFR Part 40.
Direct observation of the bus operator during collection of the urine specimen is not allowed except under very specific circumstances as provided for in state and federal statutes.
Drug Testing Guidelines
Drug testing of bus operator specimens shall be performed in compliance with the NIDA (National Institute of Drug Abuse) guidelines in a SAMHSA certified laboratory for all DOT tests and CAP certified laboratory for non-DOT tests. The cut-off limits for drug testing shall be in accordance with NIDA guidelines.
All confirmed positives of drug tests shall be reviewed by the medical review officer in accordance with those standards. This process will be followed in all drug testing. The confidentiality of such results shall be maintained.
Consequences for Violation of Policy:
Compliance with the St. Landry Parish School Board's Drug-Free Workplace Policy is a condition of employment.
The Board may discipline or terminate any employee who violates the Drug-Free Workplace Policy. For employees with a CDL, discipline may include, but not be limited to, removal from driving under DOT regulations. All CDL-required employees who test positive for drugs or test 0.04 or greater for alcohol shall be referred to a SAP for an assessment.
No disciplinary action shall be taken in regards to this policy until all the facts have been determined, the bus operator is given the opportunity to defend or explain his/her actions, and a violation has been established.
Pending the results of an administrative investigation when a bus operator tests positive, the Board shall consider invoking the Louisiana tenure laws as they may be applicable to the situation. However, all other alternatives shall be considered by the system including but not limited to resignation or retirement.
Employee Rights to Privacy, Confidentiality, and Sanitary Conditions
The St. Landry Parish School Board shall be sensitive to the needs of all confidentiality guidelines in the implementation of the following guidelines:
All documents relating to substance abuse placed in files shall be confidential.
The Superintendent/designee shall be responsible for maintaining the confidentiality of all information in connection with bus operators' drug screen results.
At all times bus operator's confidentiality shall be protected. Bus operators shall be assigned individual lab numbers and all correspondence to the lab shall be done through this number.
In the actual taking of samples, the process will be conducted in accordance with prudent procedures to protect the individual's privacy.
All testing records and results shall be confidential, except to the extent necessary to conduct disciplinary proceedings or to comply with state reporting statutes.
All disciplinary proceedings shall be conducted in strict accordance with applicable Louisiana laws regarding school bus drivers and/or the School Board Policy Manual, whichever may be applicable under the circumstances. In the event of a question as to the procedure to be followed, the Louisiana Administration Procedure Act shall apply.
Only positive results shall be communicated to bus operators. The medical review officer shall contact the bus operator with the results and schedule an informational meeting in an attempt to resolve the positive finding.
Results will be released to persons other than authorized state and federal officials, by written permission of the bus operator.
Condition of Continuation of Employment
Compliance with the St. Landry Parish School Board's current or amended substance abuse policy is a condition of employment. Failure or refusal of an applicant/bus operator to cooperate fully, sign any required document, submit to any inspection or test, or follow any prescribed course of substance abuse treatment shall be grounds for discipline, up to and including termination of employment.
Revised: November, 1994
Revised: October, 1997
Revised: November, 2000
Recoded: February, 2003
Ref: 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)
La. Rev. Stat. Ann. §§17:81, 23:897, 23:1601
Board minutes, 3-10-94, 9-1-94
St. Landry Parish School Board