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. 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 contact person, Superintendent or Transportation Secretary at 1814 7TH Avenue S, Estherville, IA 51334.
Employees who violate the terms of this policy are subject to discipline up to and including termination.
It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law. The superintendent will also 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.
Regulation booklets shall be maintained in the transportation secretary’s office and the transportation director’s office at the bus barn. Drivers are to be given copies of this policy.
This policy and its supporting documents also assume private contractors and nonpublic schools participating in the Iowa Drug and Alcohol Testing Program (IDAPT) have chosen to test only under the federal regulations and not to test under state law.
Employees who violate the terms of this policy may be subject to discipline up to and including termination. Employees who violate this policy bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and a substance abuse treatment program if recommended by the substance abuse professional. Employees who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.
Information about resources for a substance-free awareness program and related services may be obtained from the school district’s employee assistance program, the Department of Education at (515) 281-3021 or Department of Health, Substance Abuse Division at (515) 281-3641.
Approved: 12/11/95 Revised: 12/18/97 Reviewed: 12/01
12/98 5/06
12/13 4/11
12/13
7/21
Legal Reference: American Trucking Association, Inc., v. Federal Highway Administration,
51 Fed. 3rd 405 (4th Cir. 1995).
49 U.S.C. 5331 et seq. (1994)
42 U.S.C. 12011 (1994)
41 U.S.C. 701-707 (1996)
49 C.F.R. Pt. 40; 382; 391.81-123 (1994)
34 C.F.R. Pt. 85 (1996)
Local 301, International 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 (1997)
Cross Reference: 403.6 Substance-Free Workplace
409.2 Licensed Employee Personal Illness Leave
414.2 Classified Employee Personal Illness Leave