This policy statement by the St. Tammany Parish School Board (hereinafter the Board) is promulgated in compliance with the requirements of 49 CFR 382.601. It is designed to provide the federally mandated educational materials concerning alcohol and controlled substances abuse testing to each and every driver/operator of a commercial motor vehicle subject to the control of the Board.
Specific areas of the testing for alcohol and controlled substances abuse can be found throughout 49 CFR 382, a copy of which is appended to this policy statement.
The St. Tammany Parish School Board is responsible for the transportation of thousands of public and non-public school students. Their safety and that of the public is of paramount importance to the Board. The purpose of this policy is to implement Federal Regulations, 49 CFR Section 382, that are designed to help prevent accidents and injuries resulting from the misuse of alcohol or controlled substances by drivers working for the Board. All alcohol or controlled substance testing shall be conducted in accordance with the Federal Regulations.
2. Point of Contact for Board
Any questions relating to this policy should be directed to the Personnel Department.
3. Testing Notice
Prior to testing any driver for alcohol or controlled substance abuse, the Board will notify the driver of the proposed test and that the test is required by the Federal Regulations.
4. Drivers Subject to Testing
All drivers /operators who, on behalf of the Board, operate the following defined commercial motor vehicles are subject to the provisions of 49 CFR 382:
- Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of
more than 10,000 pounds, or
- Has a gross vehicle weight rating of 26,001 or more pounds, or
- Is designed to transport 16 or more passengers including the driver, or
- Is of any size and is subject to the Hazardous Materials Regulations (49 CPR 172, subpart F)
And are subject to the commercial drivers license requirements of 49 CFR 383.
5. Safety-Sensitive Functions
The following are safety-sensitive functions performed by drivers during which they must be in compliance with 49 CFR 382:
- All time on public or other property waiting to be dispatched, unless the driver has been relieved from duty by proper authority.
- All time inspecting servicing or conditioning any commercial motor vehicle at any time.
- All time spent at the driving controls of a commercial motor vehicle in operation.
- All time, other than driving time in or upon any commercial motor vehicle.
- All time loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading of a commercial motor vehicle, attending a commercial motor vehicle being loaded or unloaded and remaining in readiness to operate the commercial motor vehicle.
- All time spent performing the driver requirements of 49 CFR 392.40 and 392.41 relating to accidents.
- All time repairing, obtaining assistance or remaining in attendance upon a disabled vehicle.
- Performing any other work in the employ of the Board.
- All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident or follow-up testing required by 49 CFR 382 when directed by the proper authority.
- All time spent in performing compensated work for an entity other than the board.
6. Specific Prohibitions
- No driver shall report for duty or remain on duty having an alcohol concentration of 0.04 or greater.
- No driver shall report for duty or remain on duty or operate a commercial motor vehicle while in possession of alcohol.
- No driver shall use alcohol while performing driving duties.
- No driver shall use alcohol within four (4) hours prior to performing duty as a driver.
- No driver, who may be required to take a post-accident alcohol test, shall use alcohol for eight (8) hours after the accident or until he/she undergoes a post-accident alcohol test, whichever occurs first.
- No driver shall refuse to take a post-accident alcohol test or controlled substance test, a random test, a reasonable suspicion test, or a required follow up test. A driver who refuses to submit to the test shall not be permitted to continue to perform safety sensitive functions among other things.
- No driver shall report for duty or remain on duty that has used any controlled substance other than prescription medications that do not affect or impair the operator's ability to safely operate a vehicle.
- No driver shall report for duty or remain on duty if that driver has tested positive for controlled substance abuse.
7. Preemployment Testing
All tentatively selected drivers shall be required to undergo alcohol and controlled substance testing. Selection for the position is contingent upon negative testing in accordance with the standards discussed below. Any applicant may submit medical documentation relative to his use of prescription medications prior to the tests.
Every vacancy announcement for driver positions shall state:
"All applicants tentatively selected for this position will be required to submit to screening for alcohol and controlled substance testing prior to appointment."
The School Board will not permit an applicant to become a driver unless that person has been administered an alcohol test with a result indicating an alcohol concentration of less than 0.04 and has received a controlled substance test result from a medical review office indicating a negative test result.
All provisions of 49 CFR, Section 382.301 will be complied with by the Board in implementation of the requirements for PreEmployment Testing.
The above provisions will not apply to a driver already employed by the Board who is transferring from one safety sensitive function position to another.
8. Post Accident Testing
As soon as possible after an accident involving a Board driver, the Director of Transportation will require the surviving driver to undergo an alcohol test and a controlled substance abuse test if:
- The driver was performing a safety sensitive function at the time of the accident and a loss of human life was a result of the accident.
- If the driver received a traffic citation for a moving violation arising from the accident.
All provisions of 49 CFR, Section 382.303 will be complied with by the Board in the Board's implementation of the requirements for post-accident testing.
9. Random Testing
As a condition for employment with the Board as a driver, the driver(s) agree to submit to random alcohol tests or controlled substance tests that are required by the provisions of 49 CFR, Section 382.305.
10. Reasonable Suspicion Testing
The Board may require any driver to submit to an alcohol test or a controlled substance test when the Board has a specific, contemporaneous, articulable observation concerning the appearance, behavior, speech or body odors of the driver that leaves it to believe the driver has engaged in prohibited conduct in relation to alcohol or a controlled substance. This testing is authorized just preceding, during, or just after the workday. The Board will comply with the provisions of 49 CFR Section 382.307 in the implementation of reasonable suspicion testing.
11. Return to Duty Testing
Each driver who has engaged in conduct prohibited by this policy in relation to alcohol or a controlled substance will be required to undergo return to duty alcohol or controlled substance testing prior to being permitted to perform safety sensitive functions. The Board will comply with the provisions of 49 CFR Section 382.309 in the implementation of return to duty testing.
12. Follow-Up Testing
For those drivers who are in need of assistance for problems with abuse of alcohol or controlled substance, the Board will ensure that those drivers will be subject to unannounced follow up alcohol and controlled substance testing. The Board will comply with 49 CFR, Section 382.311 in the implementation of follow up testing.
13. Record Keeping
The Board will comply with all the Federal Regulations in 49 CFR, Section 382 relating to record keeping and confidentiality in the implementation of these Federal policies.
More specifically, as to the testing procedures to be employed, the Board shall insure that the testing procedures shall be in compliance with 49 CFR 40.
14. Refusal to Submit to Testing
A driver who:
- Fails to provide adequate breath for testing, or;
- Fails to provide adequate urine for controlled substances testing: after he or she has received notice of testing for alcohol or controlled substances pursuant to 49 CFR 382, or;
- Engages in conduct that clearly obstructs the testing procedure shall be deemed to have refused to permit or participate in the testing required under 49 CFR 382. The effect of a refusal to submit to alcohol testing will be deemed to be a positive finding that the driver had tested for a blood alcohol concentration of .04 or greater.
The refusal by a driver to submit to an alcohol or controlled substances test shall result in his or her removal from a position that requires the performance of safety sensitive function.
15. Consequences for Violations of the Prohibited Conduct at 49CFR382.201-215
- Removal from performing safety sensitive functions.
- Evaluation by a substance abuse professional.
- Undergo return to duty testing:
a. below .02 blood alcohol content
b. verified negative on controlled substances testing.
- Follow-up evaluation by substance abuse professional to determine whether driver has successfully followed any prescribed rehabilitation program.
- No less than six follow-up tests during first twelve months after return to work.
- Criminal penalties under 49 USC 521(b).
16. CONSEQUENCES FOR TESTING ABOVE .02 BUT BELOW .04 BLOOD ALCOHOL CONTENT
Removal from performing safety sensitive functions:
a. Until the next regularly scheduled duty period, but
b. Not less than twenty-four hours after administration of test.
17. Educational Materials
The Board shall provide educational materials that explain the requirements of this part and the Board's policies and procedures with respect to meeting the requirements of 49 CFR 382 to every current employee covered by this policy and all new employees or transferred employees who in the future will become covered by 49 CFR 382 and this policy.
Ref: Board Minutes 11/10/94, 49CFR 382.601