FILE:  GAME

 

EMPLOYEE ALCOHOL AND DRUG TESTING

 

 

The Natchitoches Parish School Board, in order to comply with the U.S. Department of Transportation's (D.O.T.) mandated alcohol and drug testing, hereby directs that all employees required to have a commercial driver's license (CDL) and school bus aides, must be tested.  This includes all part-time, substitute, activity drivers, and school bus aides.  Any violation of this policy shall be considered willful neglect of duty.

 

ALCOHOL:     by use of Evidential Breath Testing (EBT) device operated by a Breath Alcohol Technician (BAT).

 

The Natchitoches Parish School Board, in order to comply with the D.O.T.'s regulations, acknowledges three (3) possible test results:

 

  1. Negative.  (Alcohol less than 0.02)
     

  2. Safety sensitive.  (Alcohol only) suspension (0.02 or higher but less than 0.04) removal from duties for 24 hours without pay.  Second offense - termination.
     

  3. Positive.  (Alcohol 0.04 or higher)

    Options:

 

    1. To continue employment for a positive, while performing a non-safety sensitive duty, employee must have evaluation by Substance Abuse Professional (SAP) and complete rehabilitation before returning to duty - with a minimum of six (6) follow-up tests within twelve (12) months.  If charged and found guilty by civil authority, employee shall be terminated.

      A school bus operator that tests positive for the presence of alcohol of .08 percent or higher or certain drugs on tests administered in the scope of the operator's employment as a school bus operator shall be prohibited from driving a bus or transporting students in any manner until the School Board determines the operator may return to driving.
       

    2. Termination for a 0.04 or greater alcohol abuse while performing a safety sensitive duty.
       

    3. If (a) above, employee pays all costs for SAP and rehabilitation plus return-to-duty testing.

 

All alcohol testing to be accomplished using Evidential Breath Testing (EBT) device operated by a Breath Alcohol Technician (BAT).  Alcohol testing shall be conducted immediately prior to (60 minutes or less) or immediately after (60 minutes or less) performing safety-sensitive function.

 

Safety-sensitive personnel shall not consume any alcohol within six (6) hours of going on duty and in no incidence consume any alcohol within eight (8) hours after an accident or until after tested.

 

DRUG TESTING:  split sample urinalysis to be collected under controlled procedures by a qualified individual and evaluated by a National Institute of Drug Abuse (NIDA) approved laboratory.  Substances to be tested for:  marijuana, cocaine, opiate, phencyclidine (PCP) and amphetamines.

 

The Natchitoches Parish School Board, in order to comply with D.O.T.'s regulations, acknowledges two (2) possible test results:

 

  1. Negative
     

  2. Positive:  split sample confirmation determined by MRO.  Termination after split sample confirmation reviewed and approved by MRO.

    Options:

 

    1. To continue employment for a positive while performing a non-safety sensitive duty, employee must have evaluation by Substance Abuse Professional (SAP) and complete rehabilitation before returning to duty, with minimum of six (6) follow-up tests within twelve (12) months.  If charged and found guilty by civil authority, employee shall be terminated.

      A school bus operator that tests positive for the presence of alcohol of .08 percent or higher or certain drugs on tests administered in the scope of the operator's employment as a school bus operator shall be prohibited from driving a bus or transporting students in any manner until the School Board determines the operator may return to driving.
       

    2. Termination after split-sample confirmation reviewed and approved by MRO while performing safety-sensitive duty.
       

    3. If (a) above approved, employee pays all costs for SAP and rehabilitation.

 

Alcohol and substance abuse testing shall be conducted for all employees required to have a Commercial Driver's License (CDL) and school bus aides.  Alcohol and substance abuse testing will be conducted for the following:

 

  1. Pre-employment after January 1, 1995.  The Natchitoches Parish School Board must obtain information for the two (2) preceding years of previous employment.
     

  2. Post-accident if one of the following occurs:

 

    1. There is a fatality.
       

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

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

 

  1. Reasonable suspicion - observable suspicious behavior, based on specific appearance, behavior, speech, or body odor of the driver.  Document using reasonable suspicion observation form.
     

  2. Random - 50 percent annual rate for drugs and 50 percent annual rate for alcohol (computer program, using social security number method).
     

  3. Return-to-duty (if applicable).
     

  4. Follow-up (if applicable).
     

  5. Refusal to be tested shall be considered a positive test.
     

  6. Testing for alcohol must be within two (2) hours of accident and for substance abuse within thirty-two (32) hours after an accident.
     

  7. All drug test results shall be determined by a qualified Medical Review Officer (MRO).
     

  8. Follow-up testing for a positive may continue for sixty (60) months.  Any positive on follow-up testing will result in termination.
     

  9. Access to records:

 

    1. Driver, upon written request.
       

    2. Secretary of Transportation, any D.O.T. agency, BESE, upon written request.
       

    3. National Transportation Safety Board (post-accident), upon written request.
       

    4. Arbitration board - worker's compensation (if arbitration is result of alcohol or drug test).
       

    5. Any person with written permission from driver.

 

EMPLOYEE EDUCATION

 

All safety-sensitive employees shall have a minimum of sixty (60) minutes of instruction on federally mandated alcohol and drug testing.  Educational materials outlining testing program shall be distributed to all employees.  All employees shall be required to attend training and sign roster confirming attendance and receipt of regulations, i.e., School Board policy, educational materials, and agreement to abide by rules.

 

DEFINITIONS

 

Safety-sensitive - any activity, job, or event where a CDL is required to perform that activity, job or event.

 

Revised:  October, 1997

 

 

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 et seq. (Workplace Drug and Alcohol Testing)

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

49 CFR 391 (Qualifications of Drivers and LCV Instructors)

La. Rev. Stat. Ann. ยงยง17:81, 23:1601, 49:1001, 49:1002, 49:1005, 49:1011, 49:1012, 49:1015

Board minutes, 12-8-94

 

Natchitoches Parish School Board