Adopted:          10/15/1995

Revised:            01/21/2008                                                                                      523.2 Rule

School District of Prairie Farm

Bus Driver Alcohol / Drug Testing

Definitions

1. The definition of "on premises" includes any work location, vehicle, property or office which is serviced or used by the School District of Prairie Farm or any

client of the school district which could include school district owned, rented or

leased vehicles on the property of the school district or of any client of the school

district and/or vehicles of visitors, leased, part-time or contracted personnel on

School District premises.

2. The term "illicit drugs" is meant to include any and all illegal drugs, including so

called look-alike and designer drugs; legally obtained drugs which are used in a

manner other than that prescribed by a physician, and any substance which can

affect a person's perceptions or motor functions. The persons affected by this

policy will be tested for at least the following substances: amphetamines,

cannabinoids, cocaine, opiates, phencyclidine (PCP) and alcohol.

3. The term "legal drugs" is a prescribed drug or over-the-counter drug which has

been legally obtained and is being used for the purpose for which it was

prescribed or manufactured. Use of a "legal drug" on the job shall be permitted

provided that:

a. The person to whom the medicine is prescribed informs the supervisor prior to

possessing or using the medicine on the job.

b. The medicine is in the original vial/container in which it was dispensed

bearing the original label.

c. The prescription date is current.

4. The term "for cause" is meant to include accidents, near accidents, erratic conduct suggestive of drug use and similar behaviors and persistent substandard

performance.

5. The term "driver" is meant to describe persons who operate a commercial motor vehicle as defined in federal law.

A.        Pre-Employment:

All offers by the District to hire an applicant for a driver position are conditioned upon:

• Completing the District's general consent and release to be tested for drugs and alcohol forms;
• Taking a drug and alcohol test as directed by the District and passing both tests;
• Completing the District's authorization to obtain past drug and alcohol test results form/s from previous employer/s;
• Passing the DOT-required physical exam;
• Eligible for a Wisconsin Commercial Driver’s License.
• Complying with any other District conditions or requirements at time of employment offer.

Any applicant who refuses of fails to complete the District's consent and release to be drug and alcohol tested form/s, who refuses or fails to complete the District's authorization to obtain past drug and alcohol test results form, who refuses or fails to submit to a pre-employment / pre-duty drug and alcohol test, or shows result in positive for either test, will not be considered eligible to work for the District.

B.         Reasonable Suspicion Testing:

In the event one or more supervisors find reasonable cause for testing a driver because of performance indicators, physical symptoms or erratic behaviors suggestive of substance use or any other evidence, the supervisor(s) will require a drug and alcohol test of the employee. If an accident or near accident occurs or a supervisor has reasonable suspicion of illicit drug or alcohol use, a search and seizure will be requested. The employee must submit to a urine and alcohol test on request. Failure to do so may result in severe disciplinary action including suspension or dismissal.

Whenever a driver is notified that there is reasonable suspicion to be tested, the driver must report to the collection facility immediately. Drivers who are required to submit to a reasonable suspicion test will be escorted/driven by a District official to the collection site for a drug and alcohol test.

If the driver refuses the District's requirement that he/she is driven to the official collection site, and insists on driving their own vehicle, or a District vehicle, the District reserves the right to take whatever appropriate action to prevent this, including contacting law enforcement officials.  Failure to abide by District policy may result in severe disciplinary action including suspension or dismissal.

C.        Random Testing:

The District is required to perform unannounced, random drug and alcohol testing of all covered employees.  Every driver will have an equal chance to be selected each and every time a selection is conducted.

Whenever a driver is randomly selected to be tested, the driver will be notified of the testing in writing and instructed to report to the collection site immediately.

Any driver who tests positive for controlled substances or alcohol will be considered to be medically unqualified to drive and/or perform any other safety-sensitive function and will be subject to disciplinary action, up to and including discharge.

D.        Post-Accident Testing:

A driver must always submit to a post-accident test as immediately after an accident which involves the death of a human being. The driver shall be escorted to nearest medical facility by appropriate authorities, including law enforcement or school district officials.

A post-accident drug and alcohol test is required whenever a driver receives a citation for a moving violation involving the accident and either:

·        A person is injured because of the accident and the injuries require immediate medical attention to the person away from the accident scene; or

·        One or more motor vehicles involved in the accident receive disabling damage and must be removed from the accident scene by a tow vehicle or another vehicle.

E.        Compliance with Testing

Any employee who refuses to comply with a request for testing, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration, or substitution shall be removed from duty immediately.  Refusal can include an inability to provide a urine specimen or breath sample without valid medical reason or delaying arrival at the collection site.  Such refusals will be treated as insubordination and recorded as a positive rest, with the employee subject o disciplinary action up to and including discharge.

F.        Test Procedures and Confidentiality

To ensure the integrity and accuracy of each test, all specimen collection, analysis, and laboratory procedures will be performed in accordance with DOT protocols and safeguards as set forth in Part 40 of Title 49 if the Federal code of Regulations.  This will include:

·        Procedures to ensure identity of driver at time of specimen collection;

·        Strict chain-of-custody procedure to ensure that the drivers specimen is not tampered with;

·        The use of a trained breath alcohol technician (BAT) and National Highway Transportation Safety Administration (NHTSA)  approved testing equipment for conducting alcohol tests;

·        The use of a laboratory which has been certified by Substance Abuse and Mental Health Services Administration (SAMHSA);

·        The confirmation of an initial positive drug screen by a second analysis using gas chromatography/mass spectrometry (GCMS);

·        The confirmation of an initial positive alcohol screen by a second analysis;

·        District appointment of a qualified medical Review Officer (MRO) to review drug test results before they are reported to the District's designated contact person.

G.     Collection Procedures

All drug tests will be administered using split sample procedures required by DOT.  Under these procedures, the driver must provide at least 45 milliliters (ml) of urine in a specimen container.  The specimen will then be divided into two specimen bottles by the collector.  Thirty (30) ml will be poured into one bottle and fifteen (15) ml into the second bottle.  Both bottles will be sent to the laboratory.

The bottle containing 30 ml will be analyzed as the driver's primary specimen.  The second bottle will be held by the laboratory, to be sent to another lab at the drivers request in the event that the primary specimen is verified as positive.  In the event the primary specimen is verified as positive, the driver will be notified by the District's MRO or by the District of the positive test and given the option to have the second bottle sent to a different laboratory for analysis.  To exercise this option, the driver must advise the District's MRO within 72 hours of being told that the primary specimen was positive.  A POSITIVE drug test may be determined to be NEGATIVE by the MRO if the driver can prove that the substance was prescribed by a licensed physician.  This determination will be made by the District MRO.

This policy is not intended to prohibit the use of medication legally prescribed by a licensed physician, who is familiar with the deriver's medical history and specific safety-sensitive duties, and who has advised the driver that the prescribed medication will not adversely affect the driver's ability to operate a motor vehicle.  Medications prescribed for someone other than the driver, however, will not be considered lawfully used when taken by the driver under any circumstances.

All alcohol tests conducted under this policy require that the driver must provide a breath specimen for any test conducted by the District.  If the alcohol test is conducted by a law enforcement officer following an accident, the driver must provide either a breath or blood specimen.

Prior to being tested for alcohol, each driver will be required to:

·        Present their personal identification, and

·        Complete a DOT Breath Alcohol Test Form provided by the BAT.  A driver who fails to provide identification refuses to complete the form, or otherwise fails to cooperate will be treated as though they had tested positive and will be subject to disciplinary action up to and including discharge.

H.     Alcohol

1. A driver may not operate a school bus while under the influence of alcohol or a controlled substance or a combination of alcohol and a controlled substance or permit the use of alcohol or

a controlled substance on any school bus. The driver may not operate a school bus if he or she is under any medication, or combination of medication and alcohol, which may affect the safe

operation of the bus.

2.  Drivers operating a school bus that meets the definition of a commercial motor vehicle shall comply with ss. 346.63 (5) and 346.63 (7) (a), Stats.

3.  Drivers operating a school bus not meeting the definition of a commercial motor vehicle shall comply with the following:

 (a) A driver may not consume an intoxicating beverage regardless of its alcoholic content within 4 hours before going on duty, or operating, or having physical control of, a school bus.

  (b) A driver may not consume an intoxicating beverage regardless of its alcoholic content while on duty, or operating, or in physical control of, a school bus.

  (c) A driver may not have in his or her possession any alcoholic beverage regardless of its alcoholic content while on duty or operating a school bus.

  (d) A driver may not operate a school bus while having any measured alcohol concentration above 0.0.

A driver who registers above 0.00 or greater will be suspended without pay and will be subject to disciplinary action by the District, up to and including discharge.

CROSS REF:. 523.2 Bus Driver/Drug Testing

WI Statute: 300.18