NORTH PENN SCHOOL DISTRICT
Administrative Regulations
4271(a)
PERSONNEL
Reference: Board Policy #4271
Support Staff
Drug and Alcohol Testing - Transportation Department
Purpose
The purpose of this regulation is to describe procedures in compliance with the Omnibus
Transportation Employee Testing Act of 1991, as amended, and the United States Department of
Transportation (DOT) regulations contained in 49 CFR 40.1 et seq. as amended, and 49 CFR
382.101 et seq., as amended. These programs are designed to help prevent accidents and injuries
resulting from the misuse of alcohol or the use of controlled substances by drivers of district school
buses and vehicles.
Delegation of Responsibilities
The coordinator of transportation, under the supervision of the superintendent, shall implement the
procedures in this regulation.
Applicability
This regulation shall apply to every person who operates a school bus or school vehicle.
Definitions
Words or phrases in this regulation shall have the meanings provided by law or regulations, except
as follows:
•
Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular
weight alcohols, including methyl and isopropyl alcohol.
•
Alcohol Use means the consumption of any beverage mixture, or preparation, including any
medication, containing alcohol.
•
School Bus or School Vehicle means any motor vehicle used to transport students or other
passengers.
•
DOT Agency means an agency (or “operating administration") of the United States Department
of Transportation administering regulations requiring alcohol and/or drug testing.
•
Driver means any person who operates a school bus or school vehicle.
•
Refuse To Submit (to an alcohol or controlled substances test) means that a driver:
1. fails to provide adequate breath for testing as required by this regulation, without a valid
medical explanation, after s/he has received notice of the requirement for breath testing
in accordance with the provisions of this regulation;
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2. fails to provide an adequate urine sample for controlled substances testing as required by
this regulation, without a genuine inability to provide a specimen (as determined by a
medical evaluation), after s/he has received notice of the requirement for urine testing in
accordance with the provisions of this regulation; or
3. engages in conduct that clearly obstructs the testing process.
•
Driver's Duties means any of the following on-duty functions by a driver:
o
o
o
o
o
o
o
time on district property waiting to be dispatched;
time inspecting equipment;
driving time;
time in a school bus or school vehicle;
time loading or unloading a school bus or school vehicle;
time spent regarding involvement in accidents involving injury, death or property damage; or
time repairing, obtaining assistance or in attendance at a disabled school bus or school
vehicle.
Testing
Random testing:
Random alcohol and controlled substances testing shall be conducted on that percentage of bus
drivers as mandated from time to time by the federal government. The selection of bus drivers for
random testing shall be by a scientifically valid method so that each bus driver shall have an equal
chance of being tested each time selections are made. These tests shall be unannounced and the
tests shall be spread reasonably throughout the year.
Random alcohol testing may be conducted only just before the bus driver is to begin driving a
school bus or just after the bus driver has finished driving a school bus. Each bus driver who is
notified of selection for random testing shall proceed to the test site immediately.
Random drug and alcohol testing shall be conducted on district employed van drivers who transport
students. These tests are not required by federal law, however, the method of selecting employees
and the rules and regulations governing the administration of such tests, shall be in accordance
with the "CDL" testing criteria for bus drivers.
Reasonable suspicion testing:
A driver shall be required to submit to an alcohol and/or controlled substances test when the
coordinator of transportation or his/her designee(s) has reasonable suspicion that the driver is using
or has used alcohol or controlled substances in violation of the prohibitions or mandates of this
regulation. Notwithstanding anything to the contrary, such suspicion may be formed after an
accident.
The determination that reasonable suspicion exists to require a driver to undergo testing must be
based on specific observations which can be described in verbal or written fashion concerning the
appearance, behavior, speech, or body odors of the driver. Reasonable suspicion as to alcohol use
may be based only on observations made just before the driver begins driving or on observations
made while the driver is driving or just after the driver has ceased driving. A driver shall bear the full
expense of such testing unless the results are negative.
Negative/Dilute
In accordance with Department of Transportation 49 CFR Part 40 Revised Rule #40.197, effective
August 1, 2001, the North Penn School District reserves the right to require retesting of any
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employee whose random, post-accident, or follow-up Return to Duty drug test specimen produces a
"negative/dilute" reading. In the event that a second test is administered, the results of the second
test shall become the "test of record." In the event that an employee refuses to submit to a second
test after the first "negative/dilute" result, then district policy as it relates to refusal to test shall be
administered.
Prohibited Employee Conduct
No driver shall report for his or her duties or remain on duty while: possessing alcohol, using
alcohol, or within eight hours after using alcohol.
No driver shall report for his or her duties or remain on duty when the driver uses any controlled
substance (except when the use is pursuant to the written instructions or prescription of a physician
who has advised the driver that the substance does not adversely affect the driver's ability to safely
operate the school bus or school van) or tests positive for controlled substances.
No driver required to take a post-accident alcohol test under this regulation shall use alcohol for
eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever
occurs first.
No driver shall refuse to submit to a post-accident alcohol or controlled substances test, a random
alcohol or controlled substances test, a reasonable suspicion alcohol or controlled substances test,
or a follow-up alcohol or controlled substances test.
No individual shall be hired as a driver or transferred into a driver position after December 31, 1994
unless:
1. he/she has undergone and passed pre-employment testing for alcohol and controlled
substances in accordance with this regulation;
2. he/she has either certified that he/she has not been employed for the previous three years
or has given written consent and authorization for the school district to obtain information
from the individual's employers during the preceding three years pertaining to the driver's
alcohol tests showing concentration results of 0.04 or greater, positive controlled
substances test results, and refusals to be tested, within the preceding three years, which
are maintained by the driver's previous employers. Effective February 7, 2003, the
employee's results for any test conducted prior to February 7, 2003 cannot exceed 0.04.
Results for any tests conducted after February 7, 2003 cannot exceed 0.02; and
3. the school district has received the required information from the driver's previous employer,
if any.
Consequences for Drivers Engaging in Substance Use-Related Conduct
A driver candidate shall not be recommended for hire if the coordinator of transportation obtains
information on the candidate's alcohol test with a concentration of 0.02 or greater, verified positive
controlled substances test result, or refusal to be tested, without obtaining records of a subsequent
substances abuse professional's evaluation and/or determination under the law. In addition, the
coordinator of transportation will request from Penn DOT a 10 year Motor Vehicle Record for every
driver candidate. No candidate whose record indicates a DUI (Driving Under the Influence) for the
previous ten year period will be considered for hire.
If a driver refuses to submit to any drug or alcohol test required under this policy, he or she shall be
immediately terminated.
A driver shall be suspended without pay for having used alcohol within eight hours of reporting to
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work, possessing alcohol, or consuming alcohol in violation of a post accident alcohol test
requirement
Drivers reporting to work or remaining on duty with an alcohol concentration of up to 0.02 will be
disciplined up to and including dismissal.
A driver reporting to work or remaining on duty with an alcohol concentration of 0.02 or greater shall
be terminated immediately. A driver with a verified positive controlled substances test shall be
terminated immediately.
Any driver, who is not to be discharged, shall be suspended without pay and shall not be reinstated
until after the following requirements have been met:
1. the driver has been advised of the resources available to the driver in evaluating and
problems associated with the misuse of alcohol;
2. the driver has been evaluated by a substance abuse professional who shall determine what
assistance, if any, the employee needs in resolving problems associated with alcohol
misuse;
3. the driver has undergone a return-to-duty alcohol test with a result indicating an alcohol
concentration of less than 0.02 ;
4. if the driver has been identified as needing assistance in resolving problems associated with
alcohol misuse, the driver shall be evaluated by a substance abuse professional to
determine that the driver has properly followed any rehabilitation program prescribed; and
5. the driver serves the length of the suspension and meets any other conditions of
reinstatement that may have been imposed by the district. Where alcohol testing shows a
concentration of 0.10 or greater after a driver has been driving, or controlled substances
testing shows a positive result, and the driver has not advised the district of therapeutic drug
use prescribed by a physician in accordance with this policy, the matter shall be turned over
to the police.
Employee Acknowledgment of Regulation
A driver shall be required to sign a statement certifying that he/she has received a copy of this
regulation. By agreeing to continue to drive a school bus or school vehicle after notification of this
regulation, consent is explicitly agreed to by said drivers.
Records Retention
The coordinator of transportation shall maintain records of alcohol misuse and controlled
substances use prevention programs in a secure place with controlled access.
Records shall be maintained with the following schedule:
1. Five (5) years
a.
b.
c.
d.
Alcohol test results of 0.02 or greater,
Verified positive controlled substance test results,
Refusals to submit to tests,
Copy of each annual summary.
2. Two (2) years
a. Records of collection process and training.
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3. One (1) year
a. Negative or canceled control substance results and less than 0.02 alcohol results.
The following specific types of records shall be maintained;
1. Collection records
a.
b.
c.
d.
e.
f.
Log books (if used)
Random selection
Breath test devise calibration
Breath alcohol technician training
Reasonable suspicion tests
Post-accident tests
2. Test result records
a.
b.
c.
d.
Alcohol test forms.
Controlled substance test chain of custody and control.
Refusal to submit documents,
Driver disputation of results
3. Records of other violations
4. Education and training records
a.
b.
c.
d.
Alcohol misuse and controlled substance use awareness materials.
Compliance with educational requirements.
Supervisor training.
Training compliance certification.
5. Drug test records
a.
b.
c.
d.
e.
Agreements with collection site facilities, laboratories and Medical
Review officers.
Name and position of officials involved.
Monthly laboratory statistical summaries of urinalysis.
Drug testing policy and procedures.
All records shall be maintained and shall be available for inspection within two (2) business days
after request by the Federal Highway Administration (“FHWA”).
On or before March 15 of each year, the coordinator of transportation shall prepare an annual
calendar year summary for the previous year of the results of the alcohol and controlled substance
program and shall upon request submit the summary to the FHWA. Each summary shall provide the
information required by the FHWA regulations.
Records of alcohol misuse and/or controlled substances use prevention programs shall only be
released to the following:
•
the subject driver upon written request;
•
the United States Secretary of Transportation, any DOT agency or state or local officials with
regulatory authority over the district or its driver;
•
the National Transportation Safety Board as part of an accident investigation;
•
subsequent employers upon written request by the subject driver;
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•
a court or agency of competent jurisdiction in proceedings initiated by the subject driver and
arising from test results; or
•
on specific written consent of the subject driver.
District Notification
The coordinator of transportation shall notify a driver of the results of a pre-employment controlled
substance test if requested by a driver within sixty (60) days following disposition of the driver's
application for employment.
The coordinator of transportation shall notify a driver of the results of random, reasonable suspicion
and post-accident tests for controlled substances if the test results are verified positive and inform
the driver which controlled substance(s) were verified positive.
Release of Alcohol and Controlled Substances Test Information by Previous Employers
The coordinator of transportation shall obtain, pursuant to a driver's written consent, information on
the driver's alcohol test with a concentration result of 0.04 or greater, positive controlled substances
test results and refusals to submit to testing within the preceding three (3) years, which are
maintained by the driver’s previous employers.
The coordinator of transportation shall maintain a written confidential record with respect to each
past employer contacted.
District Obligations - Information, Training and Referral
The coordinator of transportation shall provide educational materials that explain the requirements
of law and this regulation concerning alcohol misuse and controlled substances use and the
procedures to meet these requirements. The coordinator of transportation shall ensure that a copy
of these materials is distributed to every driver employed and to be employed by the district prior to
the start of alcohol and controlled substance testing. The coordinator of transportation shall ensure
that each driver signs a certification that s/he has received a copy of the material. The original
certificate shall be retained by the coordinator of transportation with a copy to the driver.
Revised: August 2004
Reviewed: December 11, 2008
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