TRAINER NOTES FOR LESSON PLAN School Bus Drivers Inservice

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1 TRAINER NOTES FOR LESSON PLAN School Bus Drivers Inservice TITLE OF LESSON: DRUG/ALCOHOL TESTING AND THE COMMERCIAL DRIVER Length of Lesson: 30 minutes TRAINER NOTES: This lesson plan is pretty straight forward with no scheduled activities or group discussions. Present the lesson plan along with the PowerPoint Presentation and distribute the handout when you re discussing the pre-employment drug testing requirements on page 3.

2 School Bus Drivers Inservice TITLE OF LESSON: DRUG/ALCOHOL TESTING AND THE COMMERCIAL DRIVER Objective of Lesson: At the end of this lesson, the student will be able to: 1. Explain who is subject to drug and alcohol testing under 49 CFR Part List the 6 substances tested for und 49 CFR part List the 5 circumstances when drug/alcohol testing is required. 4. List the steps that lead from a positive test to loss of authorization. 5. Describe the collection process. 6. List 4 of the 9 situations that constitute a refusal to test. 7. Explain who to contact with a question about the testing program. Equipment for Lesson: Lap Top LCD Projector and Screen Handout Introduction: Slides 1 & 2 Most commercial drivers, including school bus drivers, are required by federal regulation to be enrolled in a drug and alcohol testing program. This lesson plan will give you a little background on the regulations governing the testing program, describe who is subject to drug and alcohol testing, what substances are tested for, and under what circumstances tests are required. We will also examine the drug and alcohol collection process, what constitutes a refusal to test, and who to contact when you have questions about the drug and alcohol testing program. Presentation: Slide 3 There are actually two different sections of the Code of Federal Regulations (CFR) that cover the subject of drug and alcohol testing for commercial drivers. The first section is 49 CFR Part 382, set forth by the Lesson Plan 1 Drug/Alcohol Testing

3 Federal Motor Carrier Safety Administration (FMCSA). This states The purpose of this part is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial vehicles. This part applies to every person and to all employers of such persons who operate a commercial vehicle in commerce in any state. The second section, 49 CFR Part 40 (USDOT) describes required procedures for conducting drug and alcohol testing for the federally regulated transportation industry. This is the section we will be focusing on in today s lesson plan. 1. Who is subject to drug and alcohol testing? Slide 4 All commercial drivers as described in 49 CFR Parts 40 and 382 with a few exceptions, notably; Military personnel. Farmers. Police officers and firefighters. All commercial vehicles are subject to the drug and alcohol regulations. These include drivers of vehicles with a gross vehicle weight rating of 26,001 pounds or more and those designed to transport 16 or more passengers including the driver. 2. What substances are the tests designed to detect? Slide 5 Alcohol (pre-employment exception). Marijuana. Cocaine. Amphetamine-Methamphetamine. Opiates, and PCP. 3. When are drug and alcohol tests required? Slide 6 Pre-employment. Post accident. Random Lesson Plan 2 Drug/Alcohol Testing

4 Reasonable suspicion. Return to duty. 4. Pre-employment. Slide 7 49 CFR requires that pre-employment testing be done and negative results received before the employee conducts a safety-sensitive function for the new employer. This testing must be done before a driver trainee is allowed to drive a bus on a public road. There may be an exception for pre-employment testing under 49 CFR Part 40 if the employee has been in a participating program within 30 days of being hired. If your district s policies and procedures allow this exemption, check with your Designated Employer Representative to be sure the candidate meets all of the specific requirements. An employer may, but is not required to, test its new drivers for preemployment alcohol use. This can only be done if the employer tests all new drivers for alcohol use. Trainer note: Distribute the handout. This is an Authorization to Release Information Form 1020(A) from the FMCSA. 5. Post Accident. Slide 8 In certain circumstances, a driver must submit to an alcohol test and/or drug use test as soon as possible following an accident involving a commercial vehicle operating on a public road. Circumstances when testing is required under the CFR s include: When the accident involves the loss of human life. When the driver receives a citation within 8 hours (alcohol) or 32 hours (drug use), AND: o Any person incurred a bodily injury and received immediate medical treatment at a location other then the scene of the accident. o One or more of the vehicles involved in the accident required towing away from the scene as a result of the accident. Your district s procedures may require testing in other circumstances Lesson Plan 3 Drug/Alcohol Testing

5 6. Random Testing. Slide 9 The CFRs require drivers to be subject to random drug and alcohol testing at the minimum annual percentage rate established by FMCSA each calendar year. Currently, 50 percent of the average number of enrolled drivers must be selected for random drug testing each year. In addition, 10 percent of drivers must be selected for random alcohol testing. Selections must be made using a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with drivers social security number, payroll identification numbers or other comparable identifying numbers. Each driver in the pool has an equal chance of being selected each selection period. Tests must be unannounced and reasonably spread over the selection year. When notified of being selected, the driver must proceed to the testing site immediately, or as soon as reasonably possible when notified during the performance of a safety-sensitive function. 7. Reasonable Suspicion Testing. Slide 10 A supervisor or district official trained in identification of reasonable suspicion; for example, appearance, behavior, speech, or body odors that indicate use of drugs or alcohol or indications of the chronic and withdrawal effect of drug use, may order the driver to undergo drug and/or alcohol testing. In that event, the driver is prohibited from performing safetysensitive functions until a negative test result is obtained. 8. Return to duty testing. Slide 11 Under Federal codes, it is permissible for a driver to return to safetysensitive functions after a number of criterions are met. 9. Positive Tests. Slide 12 In the event of a confirmed positive, adulterated, substituted or invalid test result, the Medical Review Officer (MRO) must confer directly with the employee, either in person, or, by telephone. If the MRO determines there is no valid reason for the positive test, they are required to notify the employer, and, they must also notify the Washington State Department of Licensing (DOL). If, after reviewing the case, DOL decides to disqualify the driver s CDL, OSPI will receive notification that DOL conducted Lesson Plan 4 Drug/Alcohol Testing

6 departmental action on the school bus driver s Abstract of Driving Record. Disqualification of a CDL will initiate an investigation by OSPI to determine if the school bus driver is in compliance with WAC (2). If it s determined the school bus driver no longer meets the minimum requirements of WAC (2), the school bus driver s authorization will be revoked for five years from the date the driver s CDL was disqualified. 10. The Collection Process. Slide 13 A sample is collected at the collection site and split into two containers. The driver is required to sign a certification statement that includes their date of birth, name, and contact telephone numbers. The collector will then complete the custody and control form recording the time and date of the collection, and identify the delivery service transferring the containers to the laboratory. The driver will be given a copy of this form. The containers and form are then sealed into a plastic bag and the driver is allowed to depart the collection site. Alcohol testing is an analytic procedure to determine whether a driver may have a prohibited concentration of alcohol in a breath or saliva specimen. Either a breathalyzer or cotton swab technique may be used to determine alcohol concentration. Under federal rule, a driver may not conduct a safety-sensitive function with an alcohol concentration of 0.04 or greater. Employers are allowed to set their own threshold limits by establishing policy or procedure. 11. Refusal to Test. Slide 14 A refusal to test will incur the same consequences as a positive test. It is considered a refusal if a driver has acted in any of the following manners: Failure to appear for any test (except pre-employment) within a reasonable amount of time or failure to remain at the collection site until the process is complete you cannot leave for ANY reason until you are released by the tester. Failure to provide a specimen for testing. In the case of a directly monitored collection, (required in rare circumstances) failure to permit the monitoring Lesson Plan 5 Drug/Alcohol Testing

7 Failure to provide a sufficient amount of urine with no adequate medical explanation for the failure, Failing or declining to take a second test when directed. Slide 15 Failure to undergo a medical examination or evaluation when directed by the Medical Review Officer. Failure to cooperate with any part of the testing process. Verified as having altered or substituted a sample for the purposes of testing. 12. Driver Notification. Slide 16 If a driver is notified of a positive test, or a refusal to test because of adulteration or substitution, the driver may request a test of the split (2 nd ) specimen if the request is made within 72 hours of the notification. This test will be performed in a different certified laboratory. The employer is ultimately responsible to ensure the split sample is tested. If you have questions concerning the federal regulations or your district s policies and procedures for drug and alcohol testing, contact your supervisor or your district s Designated Employer Representative. Summary: Slide 17 Most commercial drivers, including school bus drivers, are required by federal regulation to be enrolled in a drug and alcohol testing program. Today we gave you a little background on the regulations governing the testing program. We described who is subject to drug and alcohol testing, what substances are tested for, and under what circumstances tests are required. We also examined the drug and alcohol collection process, what constitutes a refusal to test, and who to contact when you have questions about the drug and alcohol testing program. Are there any questions? Lesson Plan 6 Drug/Alcohol Testing

8 Evaluation: Slides Who is subject to drug and alcohol testing under 49 CFR Part 382? 2. List the 6 substances tested for under 49 CFR Part Under what 5 circumstances are drug/alcohol testing required under 49 CFR Part 40? 4. List the steps that lead from verification of a positive test to loss of authorization. 5. Describe the drug and alcohol testing collection process. 6. List 4 of the 9 situations that constitute a refusal to test. 7. Who would you contact with questions concerning your drug and alcohol testing program? Lesson Plan 7 Drug/Alcohol Testing

9 Answers: 3. All commercial drivers as described in the code with the exceptions of military personnel, farmers, police officers and firefighters. 4. Alcohol, Marijuana, Cocaine, Amphetamine/Methamphetamine, Opiates and PCP. 3. Pre-employment Post-accident Random Selection Reasonable Suspicion Return to Duty 4. MRO notifies employer, MRO notifies DOL, DOL notifies OSPI, Authorization is revoked. 5. Sample collected and split, driver signs certification statement, collector completes the custody and control form, containers and form sealed into a plastic bag, breathalyzer used for alcohol testing. 6. Failure to appear within a reasonable amount of time. Failure to remain at the collection site until the process is complete. Failure to provide a specimen. Failure to permit monitored collection when required. Failure to provide a sufficient amount of urine without a medical explanation. Failing or declining to take a second test when directed. Failure to undergo a medical evaluation when directed by the Medical Review Officer. Failure to cooperate with any part of the testing process. Verified as having adulterated or substituted a sample. 7. Your supervisor or your districts Designated Employer Representative Lesson Plan 8 Drug/Alcohol Testing

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