1 WOOD COUNTY BOARD OF EDUCATION Policy Transportation Employees Alcohol and Controlled Substance Policy Last Reviewed: November 25, 2014 Next Review: November 25, 2016 Section 1.0 Introduction The Wood County Board of Education has a vital interest in maintaining a safe, healthy and efficient work environment for its employees. Likewise, the Wood County Board of Education is committed to students, parents and the general public to operate its facilities safely and prudently. Consistent with these interests and according to the regulations promulgated by the United States Department of Transportation, Federal Highway Administration, pursuant to the Omnibus Transportation Employee Testing Act of 1991, the Wood County Board of Education has adopted and implemented this Transportation Employees Alcohol and Controlled Substance Policy. This policy creates obligations and requirements over and above those articulated by the Wood County Board of Education Drug-Free Workplace Policy, and does not supersede or nullify any provision of the Wood County Board of Education Drug-Free Workplace Policy. Section 2.0 Purposes 2.1 The purposes of this Transportation Employee Alcohol and Controlled Substance Policy are as follows: (C) (D) to establish and maintain a healthy and safe working environment for all of the employees of the Wood County Board of Education; to ensure the reputation of the Wood County Board of Education and its employees as good, responsible citizens; to reduce the possibility of accidental injury to persons or property; to reduce absenteeism, tardiness, and indifferent job performance; and to allow any affected employee the opportunity to overcome any addiction to, dependence upon, or problem relating to alcohol or controlled substances in accordance with the Wood County Board of Education s Employee Referral Program (ERP).
2 Page 2 of 13 Section 3.0 Definitions 3.1 Accident means, except as provided in section 3.1 of this policy, as follows: An occurrence involving a commercial motor vehicle operating on a public road that results in: (1) a fatality; (2) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (3) one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. The term accident does not include the following: (1) an occurrence involving only boarding and alighting from a stationary motor vehicle; or (2) an occurrence involving only the loading or unloading of cargo; or (3) an occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle (as defined in 49 C.F.R ) by a motor carrier where the motor carrier is not transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with 49 C.F.R Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl and isopropyl alcohol. 3.3 Alcohol Concentration (or Content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters or breath as indicated by an evidential breath test. 3.4 Alcohol Use means the consumption of any beverage, mixture or preparation, including any medication, containing alcohol. 3.5 Board means the Wood County Board of Education.
3 Page 3 of Controlled Substance has the meaning such term has under section 102(6) of the Controlled Substance Act (21 U.S.C. 802(6) and includes all substances listed on schedules I through V of 21 C.F.R. part 1308 and West Virginia Code 60A through 213, as they may be revised from time to time. 3.7 Commercial Motor Vehicle has the same meaning such term has under 49 C.F.R DOT means the Department of Transportation. 3.9 Driver has the same meaning such term has under 49 C.F.R , and includes any person employed by the Board who operates a commercial motor vehicle including, but not limited to, the following persons employed by the Board: bus operator, substitute bus operator, chief mechanic, mechanic, assistant mechanic, truck drivers who hold a commercial driver s license (CDL), maintenance staff members who hold a CDL, school bus supervisors who hold a CDL, supervisor of maintenance and supervisor of transportation if either of these employees hold a CDL, and other employees of the Board who are required to hold a CDL to perform their jobs. For the purposes of pre-employment/pre-duty testing only, the term driver includes a person applying to the Board to drive a commercial motor vehicle Performing (a safety-sensitive function) means a driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately able to perform any safetysensitive function Safety-sensitive function has the same meaning such term has under 49 C.F.R and includes time spent waiting to be dispatched, time spent inspecting equipment or otherwise inspecting, servicing or conditioning any commercial motor vehicle, all driving time, all time spent in or upon any commercial motor vehicle, all time spent loading or unloading a commercial motor vehicle or attending a vehicle being loaded or unloaded, and all time spent repairing, obtaining assistance or remaining in attendance upon a disabled vehicle Substance abuse professional or SAT means a licensed physician or a licensed or certified psychologist, social worker, employee assistance professional or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.
4 Page 4 of 13 Section 4.0 Policy 4.1 Prohibitions Relating to Alcohol (C) (D) All drivers are prohibited from reporting for duty or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.02 or greater. All drivers are prohibited from being on duty or operating a commercial motor vehicle while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. All drivers are prohibited from using alcohol while performing safetysensitive functions. All drivers are prohibited from performing safety-sensitive functions within four hours after using alcohol. All drivers required to take a post-accident alcohol test pursuant to section 5.2 of this policy are prohibited from using alcohol for eight hours following the accident, or until he undergoes a post-accident alcohol test, whichever occurs first. 4.2 Prohibitions Relating to Controlled Substances All drivers are prohibited from reporting for duty or remaining on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except under the following circumstances: (1) the use is pursuant to the instructions of a physician who has advised the driver that the controlled substance does not adversely affect the driver s ability to safely operate a commercial motor vehicle; and (2) the driver has notified the Board, in advance, of any such therapeutic drug use. All drivers are prohibited from reporting for duty, remaining on duty or performing a safety-sensitive function, if the driver tests positive for controlled substances.
5 Page 5 of No driver will refuse to submit to any alcohol or controlled substances test required by section 5.1 through 5.6 of this policy. Any driver who refuses to submit to such tests will be prohibited from performing safety-sensitive functions, and will be subject to section 4.4 of this policy. 4.4 Compliance with this policy is a condition of employment with the Board. Any driver who violates any provision of this policy or whose required alcohol or controlled substances test precludes them from meeting the requirements of this policy will be removed from the performance of safety-sensitive functions. In addition, the superintendent will initiate proceedings to terminate the employment of any driver who violates any provision of this policy or whose required alcohol or controlled substances test precludes them from meeting the requirements of this policy. 4.5 Other Alcohol-Related Conduct Any driver tested under the provisions of section 5.1 through 5.6 of this policy who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 is prohibited from performing or continuing to perform safety-sensitive functions for the Board until the start of the driver s next regularly scheduled duty period, but not less than 24 hours following administration of the test. Except as provided in section 4.5 of this policy, the Board will take no action under this policy against a driver based solely on test results showing an alcohol concentration less than Section 5.0 Required Alcohol and Controlled Substances Testing 5.1 Pre-employment Testing Prior to the first time a driver performs safety-sensitive functions, the driver will be required to undergo testing for alcohol and controlled substances. No driver will be permitted to perform safety-sensitive functions unless the driver had been administered an alcohol test with a result indicating an alcohol concentration less than 0.02 and has received a controlled substance test result from the medical review officer indicating a verified negative test result.
6 Page 6 of Post-Accident Testing As soon as practicable following an accident involving a commercial motor vehicle, each surviving driver will be tested for alcohol and controlled substances if such surviving driver: (1) was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or (2) receives a citation under state or local law for a moving traffic violation arising from the accident. If a post-accident alcohol test is not administered within two hours following the accident, the Board will prepare and maintain on file a record stating the reasons the test was not promptly administered. If a post-accident alcohol test is not administered within eight hours following the accident, the Board will cease attempts to administer an alcohol test and will prepare and maintain the same record. (C) If a post-accident controlled substance test is not administered within 32 hours following the accident, the Board will cease attempts to administer a controlled substance test and will prepare and maintain on file a record stating the reasons the test was not promptly administered. (D) (F) A driver who is subject to post-accident testing will remain readily available for such testing or may be deemed by the Board to have refused to submit to testing. A driver who is subject to post-accident testing will, as soon as practicable following an accident involving a commercial motor vehicle, take the following action: (1) by telephone contact the Drug and Alcohol Testing Vendor, as designated by the Board; (2) report to the designated location for testing; and (3) notify his supervisor of the accident. The results of a breath or blood test for the use of alcohol or a urine test for the use of controlled substances conducted by federal, state or local officials having independent authority for the test will be considered to meet the requirements of this policy regarding post-accident testing, provided that such tests conform to applicable federal, state or local requirements and that the results of the tests are obtained by the Board.
7 Page 7 of Random Testing (C) (D) Drivers will be tested for alcohol or controlled substances at various times on an unannounced, random basis. Consistent with applicable federal regulations (49 C.F.R ), the minimum annual percentage rate for random alcohol testing will be 25 percent of the average number of driver positions. Consistent with applicable federal regulations (49 C.F.R ), the minimum annual percentage rate for random controlled substance testing will be 50 percent of the average number of driver positions or such other percentage rate as is published by the DOT Federal Highway Administration in the Federal Register. The selection of drivers for random alcohol and controlled substances testing will be made by the scientifically valid method of a computerbased random number generator that is matched with drivers Social Security numbers. A driver will only be tested for alcohol while the driver is performing safety-sensitive functions, just before the driver is to perform safetysensitive functions, or just after the driver has ceased performing such functions. 5.4 Reasonable Suspicion Testing (C) Drivers will be required to submit to an alcohol test when the Board has reasonable suspicion to believe that the driver has violated the prohibitions of sections 4.1, 4.1(C), 4.1(D) and/or 4.1 set forth above. Drivers will be required to submit to a controlled substances test when the Board has reasonable suspicion to believe that the driver has violated the prohibitions of sections 4.2 and/or 4.1 set forth above. The Board s determination that reasonable suspicion exists to require the driver to undergo an alcohol or controlled substances test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances.
8 Page 8 of 13 (D) (F) (G) The required observations for alcohol and/or controlled substances reasonable suspicion testing will be made by a supervisor or Board official who is trained in accordance with section 8.1 of this policy. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test will not conduct the alcohol test of the driver. Reasonable suspicion alcohol testing is authorized only if the observations required by section 5.4(C) are made during, just preceding, or just after the period of the work day that the driver is required to be in compliance with this policy. A driver may be directed by the Board to undergo reasonable suspicion alcohol testing only while the driver is performing safetysensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions. If a reasonable suspicion alcohol test is not administered within two hours following the observations required by section 5.4(C) of this policy, the Board will prepare and maintain on file a record stating the reasons the test was not promptly administered. If a reasonable suspicion alcohol test is not administered within eight hours following the observations required by section 5.4(C) of this policy, the Board will cease attempts to administer an alcohol test and will prepare and state in the record the reasons for not administering the test. Notwithstanding the absence of a reasonable suspicion alcohol test under this section, all drivers are prohibited from reporting for duty or remaining on duty requiring the performance of safety-sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor will an employee permit the driver to perform or continue to perform safetysensitive functions, until: (1) An alcohol test is administered and the driver s alcohol concentration measures less than 0.02; or (2) twenty-four hours have elapsed following the determination under section 5.4(C) of this policy that there is reasonable suspicion to believe that the driver has violated the prohibitions in this policy concerning the use of alcohol.
9 Page 9 of 13 (H) (I) Except as provided by section 5.4(G) of this policy and/or by any independent authority, the Board will take no action against a driver based solely on the driver s behavior and appearance, with respect to alcohol use in the absence of an alcohol test. A written record will be made of the observations leading to a controlled substance reasonable suspicion test, and signed by the supervisor or Board official who made the observations, within 24 hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier. 5.5 Return-to-Duty Testing Subject to section 4.4 of this policy, before a driver returns to duty requiring the performance of safety-sensitive functions after engaging in conduct prohibited by section 4.1 of this policy, the driver will undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than Subject to section 4.4 of this policy, before a driver returns to duty requiring the performance of safety-sensitive functions after engaging in conduct prohibited by section 4.2 of this policy, the driver will undergo a return-to-duty controlled substances test with a result indicating a verified negative result for controlled substances use. 5.6 Follow-up Testing Following a determination under section 8.3 of this policy that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the Board, subject to section 4.4 of this policy, will ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substances testing as directed by a substance abuse professional in accordance with section 8.4 of this policy. Follow-up alcohol testing, if any, will be conducted only when the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing safety-sensitive functions.
10 Page 10 of 13 Section 6.0 Testing Procedures 6.1 All alcohol and controlled substances testing conducted pursuant to this policy will comply with the procedures promulgated by DOT and set forth in 49 C.F.R. part 40, as they may be revised from time to time. 6.2 Alcohol Testing Procedures (C) (D) All alcohol testing conducted pursuant to this policy will be conducted by a trained breath alcohol technician (BAT) who will utilize only an evidential breath testing device (EBT) approved by the National Highway Traffic Safety Administration. A BAT-qualified supervisor of a driver may conduct the alcohol test for that driver only if another BAT is unavailable to perform the test in a timely manner. Alcohol testing will be conducted in a location that affords visual and aural privacy to the driver being tested, sufficient to prevent unauthorized persons from seeing or hearing test results. The breath alcohol testing form promulgated by DOT will be used for all alcohol testing without modification. Blood alcohol testing will be conducted only under such circumstances as may be permitted under future DOT regulations. 6.3 Controlled Substances Testing Controlled substances testing will be conducted by way of the split sample method of urine collection. After the driver being tested has provided a urine sample of at least 45 ml, the sample must be split into two specimen bottles to be shipped in a single shipping container, together with the chain of custody form, to a DHHS-certified laboratory for analysis. The Board and the certified laboratory will develop and maintain clear and well-documented procedures for collection, shipment and accessing of urine specimens, including an appropriate chain of custody form. Handling and transportation of urine specimens from one authorized individual or place to another will always be accomplished through chain of custody procedures.
11 Page 11 of 13 (C) It is recognized that the Board has the right to request that the personnel administering urine collection to take such steps as are necessary to detect tampering or substitution while maintaining individual privacy. If it is established that a driver s specimen has been intentionally tampered with or substituted by the driver or someone on his behalf, the driver will be subject to discharge. D) The result of the certified laboratory analysis is reviewed by a medical review officer (MRO), who is a licensed physician responsible for receiving laboratory results generated by this policy and who has knowledge of substance abuse disorders and appropriate medical training to interpret and evaluate an individual s confirmed positive test result together with his or her medical history and other relevant biomedical information. If the test result of the primary specimen is positive, the driver may request that the MRO direct that the split specimen be tested in a different DHHS-certified laboratory for presence of the drug(s) for which a positive result was obtained in the test of the primary specimen. The MRO will honor such a request if it is made within 72 hours of the driver having been notified of a verified positive test result. Action required by this policy as the result of a positive drug test (e.g., removal from performing safety-sensitive functions) is not stayed pending the result of the test of the split specimen. If the result of the test of the split specimen fails to reconfirm the presence of the drug(s) found in the primary specimen, the MRO will cancel the test and report the cancellation and the reasons for it to the DOT, the Board and the driver. Section 7.0 Handling of Test Results, Record Retention and Confidentiality 7.1 The Board will maintain records of its alcohol misuse and controlled substance use prevention programs as provided below. Such records will be maintained in a secure location with controlled access. 7.2 Record Retention Five year retention. The following records will be maintained for a minimum of five years: (1) Records of driver alcohol test results with results indicating an alcohol concentration of 0.02 or greater;
12 Page 12 of 13 (2) records of driver verified positive controlled substances test results; (3) documentation of refusals to take required alcohol and/or controlled substances tests; (4) calibration documentation; (5) driver evaluation and referrals; and (6) a copy of each annual calendar year summary. Two year retention. Records related to the alcohol and controlled substances collection process and training will be maintained for a minimum of two years. (C) One year retention. Records of negative and canceled controlled substances test results and alcohol test results with a concentration of less than 0.02 will be maintained for a minimum of one year. 7.3 The Board will prepare and maintain an annual calendar year summary of the results of its alcohol and controlled substances testing programs performed pursuant to this policy and in accordance with 49 C.F.R Except as required by law of this policy, the Board will not release driver information that is contained in records required to be maintained under section 7.2 of this policy. A driver is entitled, upon written request, to obtain copies of any records pertaining to the driver s use of alcohol or controlled substances, including any records pertaining to his or her alcohol or controlled substances tests. 7.5 The Board must obtain, pursuant to a driver s written consent, any of the information concerning the driver that is maintained under an alcohol and controlled substances testing policy the driver s previous employers. Such information must be obtained and reviewed by the Board no later than 14 calendar days after the first time a driver performs safety-sensitive functions. The release of any information under this part may take the form of personal interviews, telephone interviews, letters, or any other method of obtaining information that ensures confidentiality. The Board will maintain a written, confidential record with respect to each past employer contacted.
13 Page 13 of 13 Section 8.0 Training and Referral 8.1 The Board will ensure that persons designated to determine whether reasonable suspicion exists to require a driver to undergo testing pursuant to section 5.2(C) of this policy will receive at least 60 minutes of training on alcohol misuse and receive an additional 60 minutes of training on controlled substance use. The training will cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. 8.2 Any driver who has engaged in conduct prohibited by sections 4.1 through 4.3 of this policy will be provided information regarding the Board s Employee Referral Program. 8.3 Any driver who has engaged in conduct prohibited by sections 4.1 through 4.3 of this policy will be evaluated at the driver s expense by a substance abuse professional who will determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substance use. 8.4 Returning to Duty Subject to section 4.4 of this policy, before a driver returns to duty requiring the performance of safety-sensitive functions after engaging in conduct prohibited by sections 4.1 through 4.3 of this policy, the driver will undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substances test with a verified negative result if the conduct involved controlled substances. In addition, subject to section 4.4 of this policy, each driver identified as needing assistance in resolving problems with alcohol misuse or controlled substances use will be evaluated by a SAP to determine that the driver has properly followed any rehabilitation program prescribed under section 8.3 of this policy before returning to duty requiring the performance of safety-sensitive functions and will be subject to unannounced follow-up alcohol and controlled substances tests following the driver s return to duty. Adopted: December 6, 1994 Revised: May 2, 2000 Reviewed: June 25, 2002; July 21, 2004; August 15, 2006; September 9, 2008; October 12, 2010; November 28, 2012, November 25., 2014
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NUMBER: SECTION: SUBJECT: HR 1.95 (NEW) Human Resources Drug and Alcohol Testing Policy DATE: June 15, 2012 Policy for: Procedure for: Authorized by: Issued by: All Campuses All Campuses Chris Byrd Division
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