Alcohol and Controlled Substances Testing

MJUSD
DIVISION 4000
ALL PERSONNEL

ALCOHOL AND CONTROLLED SUBSTANCES TESTING

Introduction

Federal law prohibits alcohol misuse and use of controlled substances that could affect the performance of a safety-sensitive function by employees. This policy implements the requirements of Federal law.

Scope

This policy shall be applicable only to those employees of the Muroc Joint Unified School District who hold a commercial drivers license which is necessary to perform job related duties such as operating a commercial motor vehicle.

Definitions

  1. Alcohol is the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular alcohol including methyl and isopropyl alcohol.
  2. Alcohol use is the consumption of any beverage, mixture or preparation, including any medication containing alcohol.
  3. Breath alcohol technician (BAT) is an individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath-testing device (EBT).
  4. Commercial motor vehicle is a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
    (a) has a gross combination weight of 26, 001 or more pounds inclusive of a towed unit with a gross weight rating of more than 10,000 pounds;
    (b) has a gross vehicle weight rating of 26,001 or more pounds;
    (c) is designed to transport 16 or more passengers, including the driver;
    (d) is of any size and is used in the transportation of hazardous materials requiring placards.
  5. Confirmation test, for alcohol testing, is a second test that provides quantitative data of alcohol concentration following a screening test with a result of 0.02 grams or greater of alcohol per 210 liters of breath. For controlled substances testing, is a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique and chemical principal from that of the screen test in order to ensure reliability and accuracy.
  6. Covered employee is an employee subject to the requirements of applicable Federal law, and this policy. The Muroc Joint Unified School District is the employer.
  7. Driver is any person who operates a commercial motor vehicle. For the purposes of pre-employment testing, the term driver includes a person applying to drive a commercial motor vehicle.
  8. Employer is any person (including the United States, a State, the District of Columbia or a political subdivision of a State) who owns or leases a commercial motor vehicle or assigns persons to operate such a vehicle, including agents, officers and representatives of the employer.
  9. Evidential breath testing device (EBT) is a device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming Products List of Evidential Breath Measurement Devices" (CPL).
  10. Medical review officer (MRO) is a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information.
  11. On-duty time, as that phrase is defined by Federal regulations and this policy, means all of the time a covered employee begins to work, is required to be in readiness to work, until the time he or she is relieved for work and all responsibility for performing work.
  12. Performing (a safety-sensitive function) is any period in which the driver is actually performing, ready to perform, or immediately able to perform any safety-sensitive functions.
  13. Refusal to submit (to an alcohol or controlled substance test) is when a driver (a) fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement of breath testing; (b) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing; or (c) engaged in conduct that clearly obstructs the testing process.
  14. Safety-sensitive function, for the purposes of this policy, shall mean any of the functions defined in Title 49 of the Code of Federal Regulations. More specifically, safety-sensitive functions include all functions performed by a covered employee during on-duty time and include:
    (a) all time at a carrier or shipper plant, terminal, facility or other property waiting to be dispatched, unless the driver has been relieved from duty by the employer;
    (b) all time inspecting equipment as required by the Federal Motor Carrier Safety Regulations (FMCSRs) or otherwise inspecting, servicing or conditioning any commercial motor vehicle at any time;
    (c) all time spent at the driving controls of a commercial motor vehicle;
    (d) all time, other than driving time, spent on or in a commercial motor vehicle (except for time spent resting in the sleeper berth).
  15. Screening test (aka initial test) in alcohol testing, in an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it is an immunoassay screen to eliminate negative urine specimens from further consideration.

Substance abuse professional is a licensed physician (medical doctor or doctor of osteopathy) or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of a clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.

Prohibited Conduct

  1. No covered employee shall report for duty, or remain on duty requiring the performance of safety-sensitive functions, while having an alcohol concentration of 0.04 or greater.
  2. No covered employee shall use alcohol during on-duty time, while performing safety-sensitive functions.
  3. No covered employee shall perform safety-sensitive functions within four (4) hours after using alcohol.
  4. No covered employee required to take a post-accident alcohol test shall use alcohol for eight (8) hours following the accident and until he or she undergoes a post-accident alcohol test.
  5. No covered employee shall refuse to submit to any test required by law or this policy.
  6. No covered employee shall report for duty, or remain on duty requiring the performance of safety-sensitive functions, when the covered employee uses or possesses any controlled substances, except when the use or possession is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial vehicle.

Other Alcohol Related Conduct

Although the following conduct is unacceptable, it is not considered to be "prohibited conduct" for the purposes of this policy. As outlined in this policy, engaging in prohibited conduct has specific consequences not applicable to this section.

No covered employee found to have an alcohol concentration of 0.02 or greater, but less than 0.04, shall perform or continue to perform safety-sensitive functions until the start of the driver's next regularly scheduled duty period, but not less than twenty-four (24) hours following administration of the test.

Transportation and Compensation

  1. If an applicant or covered employee produces a test result indicating an alcohol concentration equal to or greater than 0.04, or a positive result on a controlled substance test, that employee shall be transported to his or her residence by the employer.
  2. A covered employee who fails a required test shall not receive his or her normal compensation for hours during which the employee is prohibited by Federal law, and this policy, from performing a safety-sensitive function. Failure is defined as a verified negative result by an MRO for controlled substances and/or an alcohol concentration greater than 0.02.

Consequences of Prohibited Conduct

  1. No covered employee shall return to duty or remain on duty to perform safety-sensitive functions if the covered employee has engaged in conduct prohibited by this policy, unless the covered employee successfully fulfills the conditions set forth in this policy.
  2. Any covered employee tested under this policy who is found to have an alcohol concentration equal to or greater than 0.04, or who tests positive on a verified controlled substances test, shall not continue to perform safety-sensitive functions for the Employer. In this situation, the covered employee shall not resume the performance of safety-sensitive functions until the employee produces a Return-to-Duty test with a result indicating an alcohol concentration of less than 0.02, and/or a result indicating a negative result for controlled substance use.
  3. Any covered employee discovered to have engaged in prohibited conduct shall be subject to an evaluation by a substance abuse professional (SAP) to determine what, if any, assistance the employee needs in resolving problems associated with alcohol misuse and controlled substances use. The SAP shall be a person who is qualified for that position in accordance with applicable Federal requirements.
  4. If, after an evaluation, an employee is diagnosed as needing assistance and directed to an assistance program, that employee may not return to duty unless the SAP determines that the employee has properly followed any rehabilitation program prescribed and shall be subject to follow-up testing.
  5. Every covered employee who has engaged in prohibited conduct shall be advised of the resources available to that employee in evaluating and resolving problems associated with the misuse of alcohol and controlled substance.
  6. These requirements, relating to mandatory referral and evaluation, do not apply to applicants who have a pre-employment alcohol test with a result indicating an alcohol concentration of 0.04 or greater, or a controlled substances test with a verified positive result.
  7. The choice of the substance abuse professional (SAP) who shall conduct the evaluation is reserved to the employer.
  8. The costs of any treatment and/or rehabilitation program prescribed by the SAP shall be borne by the employee. The employee may utilize the benefit component of the District-provided employee assistance program (EAP) where applicable.

Testing Procedures

All tests conducted pursuant to this policy shall comply with the requirements of applicable Federal law. (Title 49, Code of Federal Regulations, Part 40)

Post-Accident Testing

As soon as practicable following an accident involving a commercial motor vehicle, the employer shall test the following individuals for alcohol and controlled substances: (a) any covered employee who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life, and/or (b) any covered employee who receives a citation under state or local law for a moving violation arising from the accident.

For the purposes of this policy, an accident is defined as an accident involving a commercial motor vehicle in which there is either a fatality, an injury treated away from the scene, or a vehicle is required to be towed from the scene.

Random Testing

  1. The employer shall randomly select covered employees for alcohol and controlled substances testing during each calendar year, in accordance with applicable Federal law. The minimum annual percentage rate for random alcohol testing shall be twenty-five percent (25%) of the average number of covered employees, until further notification is received from the Federal Department of Transportation. The minimum annual percentage rate for controlled substances testing shall be fifty percent (50%) of the average number of covered employees, until further notification is received from the Federal Department of Transportation.
  2. The selection of covered employees for random alcohol and controlled substances testing shall be made by a scientifically valid method. Under the selection process used, every covered employee shall have an equal chance of being testing each time selections are made.
  3. The employer shall ensure the random tests are unannounced and that the dates for administering the random tests are spread reasonably throughout the calendar year. Every covered employee who is notified of selection for random testing shall cease to perform safety-sensitive functions and shall immediately proceed to the test site.
  4. A covered employee shall be subject to random testing at the following times: while the covered employee is performing safety-sensitive functions, just before the covered employee is performing safety-sensitive functions, or just after the covered employee has ceased performing such functions.
  5. Substitute employees, if they are also covered employees, are subject to random testing.
  6. In the event a covered employee who is selected for a random test is on vacation or off-duty, the employer can either select another driver for testing or keep the original selection confidential until the driver returns.

Reasonable Suspicion Testing

  1. The employer shall require a covered employee to submit to an alcohol or controlled substances test, as appropriate, when the employer has reasonable suspicion to believe that the employee has engaged in prohibited conduct.
  2. The employer's determination that reasonable suspicion exists must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.
  3. Reasonable suspicion testing is permitted only if the required observations are made during, just preceding, or just after the period of the workday that the covered employee is performing a safety-sensitive function or required to be in compliance.
  4. The observation and determination that a reasonable suspicion exists will be made by a supervisor trained in detecting the symptoms of alcohol misuse and use of controlled substances as per the regulations. The training shall consist of at least sixty (60) minutes of training on controlled substances use.

Return-To-Duty and Follow-Up Tests

  1. Before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in prohibited conduct, he/she shall undergo a return-to-duty alcohol test with a result less than 0.02 and/or a controlled substances test with a verified negative result. In addition to a return-to-duty test, the employee is also subject to follow-up testing.
  2. In the event a return-to-duty test is required, the driver must also be evaluated by a substance abuse professional and participate in any assistance program prescribed.
  3. Following a determination that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the driver shall be subject to unannounced follow-up alcohol and/or controlled substances testing. The testing shall consist of a minimum of six (6) follow-up tests within the first twelve (12) months. The SAP may determine after twelve (12) months that additional testing is necessary. Follow-up testing shall not exceed sixty (60) months following the employee's return to duty.

Disciplinary Action

  1. The employer reserves the right to impose any appropriate disciplinary action if and when an employee produces a test result indicating an alcohol concentration equal to or greater than 0.02 or if that employee produces a controlled substances test with a verified positive result, or if the employee refuses to submit to a test required by this policy.
  2. Employees who test positive under this policy will be relieved of duty under the conditions set forth in this policy. During such time, the employee will not receive his/her normal compensation until the employee meets the requirements of this policy and returns to duty. A positive test is defined as an alcohol concentration greater than 0.02 and/or a verified positive controlled substance result.
  3. Also, if the California Highway Patrol (CHP) makes the determination that a driver must be taken out-of-service, the driver shall not receive his/her normal pay until they are allowed to return to duty. With respect to alcohol, the CHP may take a driver out-of-service if the driver's blood alcohol content is found to be 0.01% by weight or greater. The driver shall not operate a commercial motor vehicle for a period of twenty-four (24) hours.

Employee Information

  1. The employer shall distribute this policy to every covered employee, on an individual basis, prior to the start of alcohol and controlled substances testing. The employer shall also distribute this policy to every covered employee hired after the adoption of the policy, and to every covered employee transferred into a position driving a commercial vehicle.
  2. Employees will be required to sign a statement acknowledging receipt of the policy.
  3. The person responsible for answering employee questions concerning this policy shall be the Director of Transportation.

Records Retention

The employer shall retain all records in accordance with applicable Federal law. (Title 49, Code of Federal Regulations, Part 40)

Legal Reference:

Title 49, Code of Federal Regulations, Part 40

First Reading: 12/5/00

Governing Board Adoption: 1/17/01

(Former BP 4377.1)

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