Code No. 403.8

Staff Personnel

Drug and Alcohol Testing Program

and

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,  random, reasonable suspicion, post-accident, return-to-duty, and follow-up drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supportive administrative regulations and the law beginning January 1, 1996.

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver’s license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand, one pounds or more.  For purposes of the drug and alcohol testing program, “employees” include applicants who have been offered a position to operate a school vehicle.  The employees operating a school vehicle shall be subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program.

According to federal regulations, drivers who test positive for drugs or alcohol must be removed from performing a safety-sensitive function (SSF).  SSF includes-waiting to be dispatched, inspecting equipment, operating a commercial vehicle, other time in a commercial vehicle, loading or unloading, at an accident scene and attending a disabled vehicle.

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 administrative 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 if the doctor thinks it would affect their driving.  Drug and alcohol testing records about a driver are confidential and are released in accordance with school policy, supporting administrative regulations or the law.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting administrative regulations or the law may be subject to discipline up to and including termination.  Employees violating this policy, its supporting administrative regulations or the law may be required to successfully participate in a substance abuse evaluation and, if recommended, a substance abuse treatment program.  Employees required to participate in and 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.  A second violation of this policy will result in termination.

Employees with questions regarding the drug and alcohol testing requirements shall contact the transportation director.

Legal Reference:    Omnibus Transportation Employee Testing Act of 1991.

                                42 U.S.C.  12101 et seq. (Supp. 1994).

                                41 U.S.C.  701-707 (1996).

                                49 C.F.R. Pt. 40; 382; 391.81-123 (2002).

                                34 C.F.R. Pt. 85 (2002).

                                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; 730.5 (2003).

Cross Reference:   400 Series     Drug-Free Workplace

Approved:   December 20, 1995    

Reviewed:  April 18, 2006              

Revised:     August 16, 2004