FILE:  GAMEB

Cf:  GAMD, GAMEA

SUBSTANCE ABUSE POLICY FOR

RAPIDES PARISH SCHOOL BOARD DRIVERS

(HOLDERS OF COMMERCIAL DRIVERS LICENSE)

PURPOSE

The purpose of this policy is to establish an alcohol and controlled substance testing program for drivers of commercial motor vehicles (CMV), who are required to have a Commercial Driver’s License (CDL).  This policy is in compliance with 49 CFR Part 40, 49 CFR 382, 49 CFR 391, 49 CFR 392 and 49 CFR 395 of the Department of Transportation, Federal Highway Administration.  Any provision of this policy which conflicts with the Federal regulations governing this subject is IPSO FACTO amended to conform to the said regulation.

GENERAL RESTRICTIONS

For Alcohol:  Alcohol misuse that could affect driving performance is prohibited.  This includes:

1. Use or possession while on duty for safety sensitive duties
   
   

2. Use during the four (4) hours before driving a Commercial Motor Vehicle
   
   

3. Having prohibited concentrations (.04 or greater) of alcohol in the system while reporting for duty or driving a Commercial Motor Vehicle
   
   

4. Use during eight (8) hours following an accident, or until a test performed
   
   

5. Refusal to take a required test
   
   

6. Reporting for duty, remaining on duty or performing safety sensitive functions after testing positive
   
   

7. Alcohol concentration test results of .02 or greater but less than .04 require the driver to remain off duty 24 hours.

For Controlled Substances:

Use or possession of a controlled dangerous substance as defined by state or federal regulation is strictly prohibited by this policy.  Use of controlled prescription drugs is prohibited without a written prescription from a licensed medical doctor.  Use of any medication while driving that materially affects a driver’s ability to safely function is prohibited by this policy.

TEST SITUATIONS

Alcohol and Controlled Substances testing are required in the following situations:

1. Pre-employment/Pre-duty Testing, unless verification can be obtained that a driver has passed a test and also has no record of an alcohol misuse violation within the last six (6) months.  Applicants who test positive shall be denied employment.
   
   

2. Post Accident Testing, when one of the following occurs:

1. 1. A fatality.
      
      

   2. The driver receives a citation for a moving violation and someone requires medical treatment away from the accident scene.
      
      

   3. The driver receives a citation for a moving violation and one or more vehicles must be towed from the accident scene.

Testing for ALCOHOL must be done within two (2) hours of the accident except in special circumstances.

Testing for CONTROLLED SUBSTANCES must be done within 32 hours of the accident.

3. Random Testing
   
   Unannounced random selections of drivers for testing will occur over the 12 month period.  The testing frequency and selection process shall ensure that a driver’s chance of selection continues to exist throughout an employment year.
   
   Drivers will be notified of the testing and must provide a specimen within two (2) hours of notification for testing:

1. 1. While performing safety sensitive functions.
      
      

   2. Immediately prior to performing safety sensitive functions, or

4. Conditions of suspicion include, BUT ARE NOT LIMITED TO:

1. 1. Possession of alcohol, illegal substances or drug paraphernalia.
      
      

   2. Involvement in a serious accident or following an incident in which safety precautions were violated.
      
      

   3. Physical indications of use, including speech patterns, body odors, indications of withdrawal effects.
      
      

   4. Unexplained behaviors and/or appearances.

A trained supervisor is required to make the reasonable suspicion determination.  Documentation of the grounds for reasonable suspicion to require testing must be made and signed by the supervisor within 24 hours of the observation or before tests results are released, whichever is later.

5. Return to Duty Testing
   
   If a driver has been off duty as a result of the violation of any of the restrictions listed in Part II of this policy, the driver will undergo:

1. 1. An Alcohol Test with result being less than 0.2.
      
      

   2. A Controlled Substances Test with the result being negative.

In addition, evaluation by a substance abuse professional may be required.

6. Follow-Up Testing
   
   If a driver is determined to be in need of assistance resolving alcohol or controlled substances use or misuse, he/she will be subject to unannounced follow-up testing as directed by a substance abuse professional as follows:
   
   A minimum of six (6) tests in the first 12 months, with a duration not to exceed 60 months, will be required.

TESTING

Drivers will provide a specimen for testing within two (2) hours of notification.

Substance/ Methods/ Levels

For Alcohol:  Testing for alcohol will be conducted as follows:

For Drugs:     Collection and testing for controlled substances will be conducted according to established Federal Guidelines.

RETEST PROCEDURE

1. If the result of the initial confirmed lab analysis is positive and the driver wants a retest, the original laboratory will forward to a different DHHS approved laboratory, the split specimen bottle, with seal intact for testing.
   
   

2. The retest must be requested by the driver within 72 hours after receiving the first positive result.
   
   

3. If the split specimen analysis fails to reconfirm the primary test results, the Medical Review Officer will cancel the test.

BLIND PERFORMANCE TESTING

Testing will be conducted at the rate of three (3) blind tests per 100 tests to assure laboratory quality.

RECORDKEEPING

Records will be retained confidentially for at least the following time periods:

Records relating to Positive results:  5 years

Records relating to Negative results:  1 year

Records relating to collection/testing process:  2 years

All records will be maintained in a secure location with limited access in accordance with 49 CFR Part 40, 49 CFR 382, 49 CFR 391, 49 CFR 392 and 49 CFR 395 of the DOT Federal Highway Administration.

RELEASE OF INFORMATION BY PREVIOUS EMPLOYERS

With the driver’s written consent, an employer may obtain from the driver’s previous employers the following information for the preceding two (2) years:

1. Alcohol tests with a concentration result of .02 or greater.
   
   

2. Positive Controlled Substances test results.
   
   

3. Refusals to be tested.

A driver may not perform safety sensitive functions if the above information is obtained, until the Rapides Parish School Board obtains substance abuse professional evaluation and/or Return to Duty Testing.

CONSEQUENCES FOR VIOLATIONS OF THIS POLICY

The following shall be deemed to constitute a positive test result and will be a violation of this policy;

1. Failure or refusal to test.
   
   

2. Failure or refusal to attend a training session.
   
   

3. Failure or refusal to submit to request for testing.
   
   

4. Adulteration or attempted adulteration of testing samples or procedures.
   
   

5. Failure or refusal to give written consent for release of records as required

Drivers who test positive in violation of this policy or who refuse to be tested as required shall immediately be removed from commercial motor vehicle operation and shall not be permitted to operate a bus or commercial motor vehicle until permitted to return to duty in compliance with this policy and applicable Federal Regulations.  Drivers in violation of the provisions in this policy shall be recommended for termination from employment under this policy addendum of Rapides Parish School Board and applicable Louisiana tenure laws.

If not terminated after a hearing, drivers in violation of the provisions in this policy are subject to the following at a minimum:

1. Drivers will not be permitted to perform safety sensitive functions until permission to return is granted by the Rapides Parish School Board.
   
   

2. Drivers will be advised of resources available for evaluations, when needed.
   
   

3. Drivers will be evaluated by a substance abuse professional who will determine if and what assistance is needed.
   
   

4. Drivers will undergo Return to Duty testing (alcohol or controlled substances, as applicable) before resuming safety sensitive functions.
   
   

5. Drivers determined to need assistance in resolving problems will been evaluated by a substance abuse professional to determine that the driver has followed the prescribed rehabilitation program; a recommended rehabilitative program shall be completed at individuals’ expense with utilization of the individuals’ resources.
   
   

6. Drivers referred for assistance will be subject to unannounced follow up alcohol and controlled substance testing, as directed by the substance abuse professional (six tests in first 12 months).
   
   

7. Suspension without pay.
   
   

8. Drivers shall be subject to probation or other sanctions deemed appropriate within the discretion of the Rapides Parish School Board.
   
   

9. Convictions, for a CDL holder, for certain major offenses (drug, alcohol and felonies) and serious traffic violations will count the same in determining driver disqualification whether they occur in a CMV or a non CMV.

Questions about this policy and/or to obtain copies of the complete Federal regulation shall be referred to the Transportation Director of the Rapides Parish School Board at Telephone: (318) 449-3108 or (318) 487-0888.

Ref:    49 USC 5331 (The Omnibus Transportation Employee Testing Act of 1991)

49 CFR 10 (Maintenance of and Access to Records Pertaining to Individuals)

49 CFR 40.1 et seq. (Procedures For Transportation Workplace Drug and Alcohol Testing Programs)

49 CFR 382 (Controlled Substances and Alcohol Use and Testing)

49 CFR 391 (Qualifications of Drivers and Longer Combination Vehicle Driver Instructors)

La. Rev. Stat. Ann. §§17:81, 23:897, 23:1081, 23:1601, 49:1001, 49:1002, 49:1005, 49:1011, 49:1012, 49:1015

Board minutes, 8-05-03, 3-7-06

Rapides Parish School Board