403.7 - Drug and Alcohol Testing Program

403.7 - Drug and Alcohol Testing Program

Employees who operate school vehicles classified as “commercial motor vehicles” by the U.S. Department of Transportation, and are required to possess a commercial driver’s license (CDL) to operate those vehicles, are subject to drug and alcohol testing.  A “commercial motor vehicle” is a vehicle that transports sixteen or more persons including the driver or has a gross vehicle weight rating (GVWR) of 26,001 pounds or more.  For purposes of the drug and alcohol testing program, the term “employees” includes applicants who have been offered a position to operate a commercial motor vehicle owned by the school.

Employees or employee applicants that will operate a school vehicle as described above are subject to pre-employment drug testing prior to being allowed to perform a safety sensitive function using the school vehicle.  In addition, employees will be subject to random, reasonable suspicion and post-accident drug and alcohol testing at the expense of the employer.  Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol.  Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the school district superintendent, 1207 1st Street West (319) 334-7400, transportation director, 1812 Mustang Way Dr (319) 334-7435 and/or school nurse, 1103 1st Street West (319) 334-7425, Independence, IA 50644.

Employees who violate the terms of this policy may be subject to discipline up to and including termination at the discretion of the school district.  The district is required to keep a record of all drug or alcohol violations by employees for a minimum of five years.  Employees are put on notice that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.  Additionally, the district will conduct FMCSA Clearinghouse queries for employees annually.  Employees must provide written consent for the district to conduct FMCSA Clearinghouse queries; however, employees who choose to withhold consent will be prohibited from performing any safety sensitive functions.

It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law.  The superintendent will inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.

The superintendent will also be responsible for publication and dissemination of this policy and its supporting administrative regulations and forms to employees operating school vehicles.  The superintendent will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.

IASB Drug and Alcohol Testing Program (IDATP) Web site: 
https://www.ia-sb.org/Main/Affiliated_Programs/Iowa_Drug_Alcohol_Testing_Program.aspx.

 

 

Legal Reference:  American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 (4th Cir. 1995).
  
                                    49 U.S.C. §§ 5331 et seq.
  
                                    42 U.S.C. §§ 12101
 
                                    41 U.S.C. §§ 81
  
                                    49 C.F.R. Pt. 40; 382; 391.
  
                                    34 C.F.R. Pt. 85
  
                                    Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington,
  
                                      PERB No. 3876 (3-26-91).
  
                                    Iowa Code §§ 124; 279.8; 321.375(2); 730.5

Cross Reference:  403.6   Substance-Free Workplace
  
                                    409.2   Employee Leave of Absence

Approved 11/1/2004                             Reviewed 11/19/2007                           Revised 10/22/2005  
                                                                                  11/21/2011                                       01/23/2017
                                                                                  09/21/2020                                         09/21/202

                                                                                  05/16/2022

                                                                                     

dawn.gibson.cm… Mon, 02/15/2021 - 11:41

403.7E1 - Drug and Alcohol Testing Program Notice to Employees

403.7E1 - Drug and Alcohol Testing Program Notice to Employees

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.

Employees who operate school vehicles classified as “commercial motor vehicles” by the U.S. Department of Transportation are subject to drug and alcohol testing.  A “commercial motor vehicle” is a vehicle that transports sixteen or more persons including the driver or has a gross vehicle weight rating (GVWR) of 26,001 pounds or more.  For purposes of the drug and alcohol testing program, “employees” also includes applicants who have been offered a position to operate a commercial motor vehicle owned by the school.  Employees that will operate a school-owned commercial motor vehicle are subject to the drug and alcohol testing program regulations beginning the first day they are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program until such time employment is terminated or the employee will no longer operate, at any time, a commercial motor vehicle for the school.

It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements.  Employees with questions regarding the drug and alcohol testing requirements will contact the transportation director, 1812 Mustang Way Dr (319) 334-7435 and/or school nurse, 1103 1st Street West            (319) 334-7425, Independence, IA 50644.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or regulations will be subject to discipline up to and including termination.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents, regulations and the law.  It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using.  Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents, regulations or the law.

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:44

403.7E2 - Certification from Current Employer Participating in Drug & Alcohol Program

403.7E2 - Certification from Current Employer Participating in Drug & Alcohol Program

I, ______________________________________________________________ am currently employed by
                                               Name of Undersigned

 __________________________________________________________ who participates in the Drug and Alcohol
                                          Employer   

Program through ____________________________________________.  I consent to have my records pertaining                                                                                                              
                                       Drug & Alcohol Testing Provider

to drug and alcohol testing released to the Independence Community School District for the past 24 months of

employment.

_______________________________________________         _______________
(Signature)                                                                                                            (Date)

_______________________________________________         _______________
(Signature of Employer)                                                                                   (Date)

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:45

403.7E3 - Certification of Previous Employers Requiring a Commercial Driver’s License Consent to Release Information to Independence Community School District

403.7E3 - Certification of Previous Employers Requiring a Commercial Driver’s License Consent to Release Information to Independence Community School District

_________________________________________________         ______________________________________
                                 Name                                                                                     Social Security Number

 

I certify that I have been employed by the following employers during the two years prior to the date stated below and that I was required to possess a commercial driver’s license (CDL) and submit to drug and alcohol testing during the term of my employment.

 

Company  _____________________________________________________________________

Address  ______________________________________________________________________

City/State/Zip  _________________________________________________________________

 

Company  _____________________________________________________________________

Address  ______________________________________________________________________

City/State/Zip  _________________________________________________________________

 

Company  _____________________________________________________________________

Address  ______________________________________________________________________

City/State/Zip  _________________________________________________________________

 

I hereby release my records pertaining to my driving and drug and alcohol testing results.

 

_________________________________________________     ______________________________
(Signature)                                                                                                              (Date)

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:48

403.7E4 - Drug and Alcohol Testing Program Acknowledgement Form

403.7E4 - Drug and Alcohol Testing Program Acknowledgement Form

I, ( ______________________________________________________ ), have received a copy, read and
                                         Name of Employee

understand the Drug and Alcohol Testing Program policy and its supporting documents.  I have also read and

understand the “Drug and Alcohol Training Handbook” provided to me by the district.  I consent to submit to the

drug and alcohol testing program as required by the Drug and Alcohol Testing Program policy, its supporting

documents, regulations and the law.

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents, regulations

or the law, I may be subject to discipline up to and including termination.

I also understand that I must inform my supervisor of any prescription medication I use when requested.  I further

understand that drug and alcohol testing records about me are confidential and may be released in accordance with

this policy, its supporting documents, regulations or the law.

 

_______________________________________________     _____________________________
(Signature of Employee)                                                                                      (Date)

_______________________________________________     _____________________________
(Witness/Transportation Director)                                                                       (Date)

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:52

403.7E5 - Drug and Alcohol Reasonable Suspicion Observation Form

403.7E5 - Drug and Alcohol Reasonable Suspicion Observation Form

This form must be completed by each trained employee observing the driver suspected of drug use and/or alcohol

misuse by behavior, speech and/or odor while on duty, the earlier of within 24 hours or the determination of reasonable suspicion or prior to receiving the test results.   The observations must be specific, contemporaneous and articulable concerning the appearance, behavior, speech and body odor of the driver.

An example of an appropriate observation statement is, “The driver entered the bus barn slowly and held onto the bus until the driver reached the bus door,” rather than, “The driver came to work stoned and could not walk without holding onto the bus for support.”

Employees must notify the director of transportation about the situation.  The director of transportation will notify the superintendent and they will contact law enforcement to assist with the investigation.

 

 

_____________________________________________                         ________________________
                           Employee’s Name                                                                Date of Observation

Time of Observation:   From __________ a.m./p.m. to __________ a.m./p.m.

Location:  ______________________________________________________________

Observed personal behavior:  (check all appropriate items)

Speech:                                                                        ___Normal       ___Incoherent    ___Confused  

                                                                              ___Slurred       ___Whispering ___Silent

Balance:                                                                          ___Normal          ___Swaying

                                                                               ___Staggering  ___Falling       

 

Walking and Turning:                                                       ___Normal       ___Stumbling     ___Swaying

                                                                        ___Arms raised for balance         ___Reaching for support

 

Awareness:                                                                  ___Normal       ___Confused      ___Paranoid

                                                                            ___Sleepy or stupor   ___Lack of coordination

 

Odor:                                                                                  ___Normal       ___Alcohol        ___Burned rope

Other observed behavior/odor:

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

 

Reasonable suspicion of current use or impaired by:       ___Alcohol      ___Drugs

 

Above behavior witnessed by:

_____________________________________________                         ________________________
                           (Signature)                                                                                                (Date)

_____________________________________________                         ________________________
                           (Signature) (optional)                                                                                (Date)

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:54

403.7E6 - Drug and Alcohol Program and Pre-Employment Testing written Consent to Share Information

403.7E6 - Drug and Alcohol Program and Pre-Employment Testing written Consent to Share Information

I, (   Name of Employee___   ), understand that as part of my employment in a position that requires a commercial driver’s license in the Independence Community School District, I grant consent for the District to conduct queries of the Federal Motor Carrier Safety Administration (“FMCSA”) Commercial Driver’s License Drug and Alcohol Clearinghouse to determine whether drug or alcohol violation information about me exists in the Clearinghouse.  I further consent to the District sharing information related to my drug and alcohol testing results with prior, current and future employers, as well as the FMCSA Clearinghouse in accordance with state and federal laws. 

I understand that the District will check and perform queries of my drug and alcohol testing results prior to my employment in any position which requires the use of a commercial driver’s license.  I further understand the District will check and perform queries of my testing results annually and is required to report any drug and alcohol violations of this policy to the FMCSA Clearinghouse. 

I understand that I am not required to consent to the query of the FMCSA Clearinghouse or the District sharing of drug and alcohol testing information with past, present or future employers or the FMCSA Clearinghouse; but that without my consent I understand I will be prohibited from performing safety sensitive functions, including driving a commercial motor vehicle, as required by FMCSA’s drug and alcohol program regulations. 

I hereby give my consent to the District to perform queries of the FMCSA Clearinghouse and share my drug and alcohol testing results with past, present and future employers, as well as the FMCSA Clearinghouse.

 

__________________________________________________               ________________________
(Signature of Employee)                                                                                      (Date)

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:59

403.7R1 - Drug and Alcohol Testing Program

403.7R1 - Drug and Alcohol Testing Program

PRE-EMPLOYMENT PROCEDURES FOR BUS DRIVERS

All advertisements must include a statement that explains the position of a driver in the Independence Community School District is subject to drug and alcohol testing to include pre-employment testing.  Should the potential employee already be under a recognized or approved Department of Transportation (D.O.T.) testing program, the pre-employment testing may be waived at the discretion of the superintendent/designee.  The potential employee must provide proof of participation in such a program (403.7E2).  A potential employee that is not currently under another approved testing program must consent to release any and all drug and alcohol related information records (403.7E3) from any previous employer dating back 24 months as well as be subject to pre-employment testing.

All potential drivers will be given training on controlled substances and alcohol use by the transportation director prior to being eligible for driving duties.  This training will consist of a self study of the “Drug and Alcohol Training Handbook” developed by the D.O.T.  Upon completion of this self study, the potential employee will sign off on the Drug and Alcohol Acknowledgement Form (403.7E4) in the presence of the transportation director that they have read and understand the contents of the handbook.  The transportation director will receive all acknowledgement forms and maintain a confidential file on the drug and alcohol testing program for each employee under this program.  Records will be maintained for a minimum of five years.

The transportation director will coordinate all testing with an approved D.O.T. provider.  Should a potential employee test positive or they have refused to any part of the above, mentioned procedures, they will not be considered for employment.

 

EMPLOYMENT PROCEDURES FOR BUS DRIVERS

All bus drivers are subject to random testing at any time throughout the calendar year.  Quarterly random testing will be done.  Should a bus driver be involved in an accident while operating a school vehicle (CMV), the school district will test each surviving driver for alcohol and controlled substances when either:

  • The accident involved a FATALITY; or
  • The driver RECEIVED A CITATION under state or local law for a moving traffic violation arising from the accident, and either ONE or BOTH of the following OCCURRED in the accident:
    1. Bodily injury requiring immediate medical treatment away from the scene.
    2. One or more of the motor vehicles incurred disabling damage requiring it to be towed from the scene by another motor vehicle or tow truck.

 

REASONABLE SUSPICION

Should a bus driver’s behavior be questioned as potentially being under the influence, it is recommended that there be two witnesses to the behavior, but it is not required.  When considering reasonable suspicion, only the transportation director/designee is authorized to request the test be administered. It is important to note that only those who have received the U.S. D.O.T. training may request this test.  A driver can be notified for a reasonable suspicion test only just before, during, or just after performing a safety sensitive function (within 30 minutes).  When it is believed reasonable suspicion exists, it is important to meet with the driver in private and document the observations leading to the reasonable suspicion test (403.7E5).  Upon completion of the meeting, the transportation director may notify the program provider for a test to be administered.  Failure by the employee to submit to the test will be considered grounds for termination with the Independence Community School District.

 

dawn.gibson.cm… Mon, 02/15/2021 - 12:00