Last Revised on April 22, 2013
Drug and Alcohol Testing of Commercial Driver’s License (CDL) License Holders
The Board entrusts the safety of students being transported to and from school and school activities on school buses to the drivers of those buses. To be worthy of the Board’s continuing trust, each school bus driver must be mentally and physically alert at all times while on duty. The Board therefore establishes this policy and directs the Superintendent to promulgate administrative guidelines as need to fully implement Department of Transportation requirements for drug and alcohol testing of these employees of the Board.
The Board requires all CDL license holders to comply with Board Policy 0122.01 on Drug Free Workplace which prohibits the possession, use, sale, or distribution of alcohol and any controlled substance on school property at all times. To implement this requirement, it is the policy of the Board that all CDL license holders are to be free of any impairment from the use of alcohol or controlled substances while on duty.
The Board directs the Superintendent to establish a drug and alcohol testing program pursuant to an administrative guideline that requires each employee who is employed as a regular or substitute bus driver or performs safety sensitive functions on school buses such as bus mechanics, and contractors who drive school buses pursuant to a transportation contract, to be subject to testing for the presence of alcohol in his/her system as well as for the presence of the following:
A. Marijuana metabolites
B. Cocaine metabolites
C. Opiates metabolites
E. Phencyclidine (PCP)
Tests are to be conducted pursuant to this policy and Federal regulations:
A. prior to employment (for controlled substances only);
B. based upon reasonable suspicion;
C. upon an employee or contractor’s return to duty after any alcohol or drug rehabilitation;
D. after an accident under circumstances described in the Superintendent’s administrative guideline;
E. on a random basis; and
F. on a follow-up basis.
An employee who tests positive on a test described above shall be prohibited from driving a school bus or performing a safety sensitive function on a school bus. The employee shall also be subject to discipline, up to and including discharge and a contract driver shall be prohibited from driving on the same basis as if the driver was an employee of the Board.
The Board directs the Superintendent to comply with Department of Transportation regulations requiring that the Board provide educational materials that explain the requirements of drug and alcohol testing according to Federal regulations and the Board’s policies and procedures for compliance with those regulations to school bus drivers and any organization of these employees. After the initial distribution of materials to each driver employed at the time of the distribution, the Superintendent or a designee shall see that each employee subsequently hired or transferred into one of these positions receives the materials required by this policy.
The Superintendent shall ensure that each driver is required to sign a statement certifying that he or she has received a copy of these materials described in this policy. The original of the certificate signed by the employee shall be maintained in a file on the employee or contractor. An employee required to sign a certificate certifying that he or she has received a copy of the materials described in this policy who refuses to sign the certificate shall not be permitted to drive or perform any safety sensitive function until the certificate required by this policy is signed.
The Superintendent shall arrange for the required amount of training for appropriate staff members in drug recognition, in the procedures for testing, and in the proper assistance of staff members who are subject to the effects of substance abuse.
The Superintendent shall submit, for Board approval, a contract with the agency or persons that will:
A. Provide a certified laboratory to provide services for implementation of the Department of Transportation rules including the following services:
a. testing of all first and second test urine samples;
b. clear and consistent communication with the Corporation's Board's Medical Review Officer (MRO;
c. methodology and procedures for conducting random tests for controlled substances and alcohol;
d. preparation and submission of all required reports to the Corporation, the MRO, and to Federal and State governments.
B. Conduct the alcohol tests
C. Provide the Board’s MRO, and the drug collection site(s) in accordance with the requirements of the law.
I.C. 20-27-5 (driver qualifications – transportation contracts)
I.C. 20-27-8 (driver standards)
49 C.F.R. 40.85 (drugs to be tested for)
49 C.F.R. 382.107 (safety sensitive function defined)
49 C.F.R. 382.301 (pre-employment testing)
49 C.F.R. 382.303 (post-accident testing)
49 C.F.R. 382.305 (random testing)
49 C.F.R. 382.307 (reasonable suspicion testing)
49 C.F.R. 382.601 (employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances)