FILE: GAMEB
DRUG/ALCOHOL TESTING OF EMPLOYEES
REQUIRED TO POSSESS COMMERCIAL DRIVERS LICENSES
The Calcasieu Parish School Board, as a result of its responsibilities to its employees and to the public it serves, has a compelling obligation to eliminate illegal drug and alcohol use from its workplace. The School Board recognizes the increased risks and dangers when employees use drugs/alcohol in the workplace. This policy will establish the administrative scope, personnel procedures, employee training, drug testing guidelines, and employee assistance related to achieving a drug free workplace. It is the intent of this policy to comply with current federal statutes, and U.S. Department of Transportation regulations concerning drugs in the workplace and drug testing of employees.
CONTACT PERSON
Questions regarding this policy may be directed to the following individual:
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School Board Substance Abuse Program Coordinator |
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Calcasieu Parish School Board |
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1724 Kirkman Street |
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P.O. Box 800 |
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Lake Charles, Louisiana 70602-0800 |
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(318) 491-1600 |
APPLICATION
This policy shall apply to every person employed by the School Board who operates a commercial motor vehicle in interstate or intrastate commerce and is subject to the commercial drivers license requirements of 49 CFR Part 383. The School Board requires compliance with this policy as a condition of employment, continued employment, and continuation of contractual agreements with the School Board in the capacity of a driver.
SAFETY-SENSITIVE FUNCTIONS
"Safety-sensitive function" means any of those on-duty functions set forth in 49 CFR Parts 395.2 "On-Duty time," paragraphs (1) through (7).
"Performing a safety-sensitive function" means a driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions.
PROHIBITIONS
Department of Transportation agency drug testing programs require that employers test for marijuana, cocaine, opiates, amphetamines and phencyclidine.
The Department of Transportation prohibitions (49 CFR 382 Subpart B) require the following:
Alcohol concentration.
No driver 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. No employer having actual knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.
Alcohol possession.
No driver shall be on duty or operate a commercial vehicle while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. No employer having actual knowledge that a driver possesses unmanifested alcohol may permit the driver to drive or continue to drive a commercial motor vehicle.
On-duty use.
No driver shall use alcohol while performing safety-sensitive functions. No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.
Pre-duty use.
No driver shall perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four (4) hours shall permit a driver to perform or continue to perform safety-sensitive functions.
Use following an accident.
No driver required to take a post-accident alcohol test under 49 CFR 382.303 shall use alcohol for eight (8) hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.
Refusal to submit to a required alcohol or controlled substances test.
No driver shall refuse to submit to a post-accident alcohol or controlled substances test required under 49 CFR 382.303, a random alcohol or controlled substances test required under 49 CFR 382.305, or a follow-up alcohol or controlled substances test required under 49 CFR 382.307, or a follow-up alcohol or controlled substances test required under 49 CFR 382.311. No employer shall permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.
Controlled substances use.
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(a) |
No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use 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 motor vehicle.
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(b) |
No employer having actual knowledge that a driver has used a controlled substance shall permit the driver to perform or continue to perform a safety-sensitive function.
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(c) |
An employer may require a driver to inform the employer of any therapeutic drug use. |
Controlled substances testing.
No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive for controlled substances. No employer having actual knowledge that a driver has tested positive for controlled substances shall permit the driver to perform or continue to perform safety-sensitive functions.
ENFORCEMENT
The School Board reserves the right, in certain circumstances, to require employees to submit to medical or physical examinations or tests. These procedures may be required at any time as condition of employment or continued employment. The procedures used may include, but are not limited to, urine drug tests, blood alcohol tests, breathalizer tests, or other medical examinations to determine the use of any substance prohibited by this policy or to determine satisfactory fitness for duty. The tests may be announced or unannounced and may be utilized under the following circumstances:
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Pre-employment testing.
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Post-accident testing.
As soon as practicable following an accident involving a commercial motor vehicle, each employer shall test for alcohol and controlled substances each surviving driver:
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Random testing.
Except as provided in paragraphs (b) through (d) of 49 CFR Part 382.305, the minimum annual percentage rate for random alcohol testing shall be 25 percent of the average number of driver positions. The minimum annual percentage rate for random controlled substances testing shall be 50 percent of the average number of driver positions. The employer shall randomly select a sufficient number of drivers for alcohol testing and for controlled substances testing during each calendar year to equal an annual rate not less than the minimum annual percentage rates indicated above.
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Reasonable suspicion testing.
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Return-to-duty testing.
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Follow-up testing.
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PROCEDURES
Collecting and testing procedures shall conform to all applicable federal guidelines and particularly those as prescribed by the Department of Transportation at 49 CFR Section 382 et al.
Any pre-employment applicants with confirmed positive test results shall be removed from the list of available applicants for job positions.
REQUIREMENT OF SUBMISSION TO ALCOHOL OR CONTROLLED SUBSTANCES TESTS
All employees to whom this policy is applicable are required to submit to alcohol and controlled substances tests administered in accordance with applicable laws.
REFUSAL TO SUBMIT TO TESTING
Refusal to submit to an alcohol or controlled substances test means that a driver:
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(a) |
Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of this part,
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(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 in accordance with the provisions of this part, or
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(c) |
Engages in conduct that clearly obstructs the testing process. |
Any employee refusing to consent to testing or to submit a saliva, urine or blood sample for testing when requested by the School Board shall be subject to disciplinary action, up to and including termination of employment. Attempted or actual substitution or adulteration of samples shall be equivalent to refusal to submit to testing or equivalent to a positive drug test.
NOTICE OF DISCIPLINARY ACTION FOR POLICY VIOLATIONS
The consequences for drivers found to have violated Subpart B of the Rules and Regulations promulgated at 49 CFR Section 382.201 et seq and/or to comply with the provisions of this policy are as follows:
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Except as provided in Subpart F of 49 CFR Parts 382, et al, no driver shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by Subpart B of 49 CFR Parts 382 et al or an alcohol or controlled substances rule of another Department of Transportation agency.
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No employer shall permit any driver to perform safety-sensitive functions, including driving a commercial motor vehicle, if the employer has determined that the driver has violated the above provisions. |
No driver who has engaged in conduct prohibited by Subpart B of 49 CFR 382 shall perform safety-sensitive functions, including driving a commercial motor vehicle, unless the driver has met the requirements of 49 CFR Section 382.605. No employer shall permit a driver who has engaged in conduct prohibited by Subpart B of 49 CFR Part 382 to perform safety-sensitive functions, including driving a commercial motor vehicle, unless the driver has met the requirements of 49 CFR Section 382.605.
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The requirements of 49 CFR Section 382.605 include the following:
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(a) |
Each driver who has engaged in conduct prohibited by Subpart B of 49 CFR 382 shall be advised by the employer of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses and telephone numbers of substance abuse professionals and counseling and treatment programs.
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(b) |
Each driver who engages in conduct prohibited by Subpart B of 49 CFR Part 382 shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use. |
The consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04 are as follows:
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(a) |
No driver tested under the provisions of Subpart C of 49 CFR Section 382, et al who is 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 for an employer, including driving a commercial motor vehicle, nor shall an employer permit the driver to perform or continue to perform safety-sensitive functions, until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following administration of the test.
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(b) |
Except as provided in paragraph (a) of this section, no employer shall take any action under this part against a driver based solely on test results showing an alcohol concentration less than 0.04. This does not prohibit an employer with authority independent of this part from taking any action otherwise consistent with law. |
In addition to the above, violations of Subpart B of the Rules and Regulations promulgated at 49 CFR Section 382.201 et seq and/or the failure to comply with the provisions of this policy shall be grounds for disciplinary action including but not limited to written reprimands, changes in job assignments, suspensions from work, and termination.
An employee shall be subject to immediate discharge if the employee refuses to cooperate with any of the enforcement provisions of the policy or is believed to have tampered or purposefully tried to alter the outcome of drug or alcohol test.
EFFECTS OF ALCOHOL AND CONTROLLED SUBSTANCES
The Calcasieu Parish School System shall continue to provide all employees drug awareness programs focusing on the following:
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The dangers of drug abuse in the workplace;
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The specifics of the parish Drug-Free Workplace Policy;
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(c) |
Available treatment centers/hospitals for employees in need. |
The costs for services of assessment and/or treatment will be the responsibility of the employee.
Public Law 102-143 Title V, Omnibus Transportation Employees Testing Act requires that the School Board comply with certain guidelines in order to limit substance abuse in the workplace. The Law requires the School Board to provide training and continuing education on drug abuse related issues. The School Board shall also provide its employees with a list of resources where the employee may go for drug abuse counseling and rehabilitation. The Law also requires that the employee notify his employer of any conviction for drug related offenses within five days of such conviction.
Ref: 49 USC 5331 (The Omnibus Transportation Employee Testing Act of 1991) (PL 102-143)
49 CFR 40.1 et seq. (Procedures For Transportation Workplace Drug and Alcohol Testing Programs)
La. Rev. Stat. Ann. ยงยง17:81, 23:1601, 49:1001, 49:1002, 49:1005, 49:1011, 49:1012, 49:1015, 49:1111
Board minutes, 12-13-94, 9-17-02
Calcasieu Parish School Board