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810.1 – TRANSPORTATION PERSONNEL
DRUG AND ALCOHOL TESTING

1. Purpose

This policy is adopted to comply with federal regulatory mandates and to establish programs and practices designed to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by school bus drivers.

2. Definition

1.          A covered school bus driver under this policy shall mean:

• Any person who is an employee of the district and who drives or operates a motor vehicle for the district
• with a gross vehicle weight rating of 26,001 or more pounds; or
• designed to transport sixteen (16) or more passengers, including the driver;

b.        any other district employee who is regularly assigned to drive a school district vehicle of any size or kind.

The phrase covered school bus driver includes drivers and mechanics who operate such vehicles, including full-time, regularly employed individuals; casual, intermittent or occasional individuals; and leased drivers and independent owner-operated contractors who are either directly employed by or under lease to the district or who operate a bus owned or leased by the district.

2.          The term drugs includes any and all controlled substances, such as, but not limited to, marijuana, cocaine, amphetamines, PCP and opiates.  The term drugs also includes prescription and over the counter medications which are being abused, contain alcohol and/or impair the ability of the user to operate machinery.  Hemp product consumption is not an acceptable alternative medical explanation for marijuana.  Specimens will be tested for cocaine, marijuana, phencyclidine, amphetamines, and opiates.

3. Authority

The authority granted to Boards by the PA Public School Code of 1949, as amended, permits the Board to adopt reasonable rules and regulations regarding the management of school district affairs and the conduct and deportment of employees during the time they are engaged in the performance of their duties.

4. Policy

A.         Employee Prohibitions

1.      No covered school bus driver shall report for duty or remain on duty:
a.     while having an alcohol concentration of .02 or greater;
b.     while possessing alcohol;
c.     while using alcohol; or
d.    within eight (8) hours after using alcohol.

2.      No covered school bus driver shall report for duty or remain on duty when the driver uses any controlled substance (except when the use is pursuant to the written instructions or prescription of a physician who has advised the driver that the substance does not adversely affect the driver’s ability to safely operate the school bus) or tests positive for controlled substances.  Drivers are prohibited from using or being under the influence of legal drugs whose use can adversely affect the ability of the driver to perform his or her job safely, e.g. cold medication which may cause drowsiness and/or contain alcohol.

3.      No covered school bus driver required to take a post-accident alcohol test under this policy shall use alcohol for eight (8) hours following any accident or until s/he undergoes a post-accident alcohol test, whichever occurs first.

4.      Drivers are prohibited from selling, buying, soliciting to buy or sell, transporting, or possessing illegal drugs while on School District’s time or property.

5.      No covered school bus driver shall refuse to submit to a post-accident alcohol or controlled substances test required under this policy, a random alcohol or controlled substances test required under this policy, a reasonable suspicion alcohol or controlled substances test required under this policy, or a follow-up alcohol or controlled substances test required under this policy.

6.      No individual shall be hired by the school district as a school bus driver covered by this policy or transferred into a covered school bus driver position after December 31, 1998 unless:

a.     s/he has undergone and passed pre-employment testing for a controlled substance in accordance with this policy;

b.     s/he has either certified that s/he has not been employed for the previous two (2) years or has given written consent and authorization for the school district to obtain information about the driver’s alcohol tests showing concentration results of .02 or greater, positive controlled substances test results, and refusals to be tested, from all employers during the preceding 2 years,

c.     the school district has received the required information from the driver’s previous employer(s), if any.
        A school bus driver candidate shall not be recommended for hire if the Director of Transportation or Director of Facilities obtains verified positive controlled substances test results, or refusals to be tested, without obtaining records of a subsequent substances abuse professional’s evaluation and/or determination under the law.

7.      Any covered school bus driver shall be deemed to have consented to such testing as is required of him/her by this policy.  Consent is implied by agreeing to continue to drive a covered school bus after notification of this policy.

B.          Duties of Covered School Bus Drivers

1.      Covered school bus drivers shall comply with all mandates and prohibitions in this policy.

2.      Covered school bus drivers shall cooperate fully with all required testing and shall promptly report to all required testing as required.

3.      Covered school bus drivers are required to notify the Director of Transportation if they are taking any therapeutic drugs and shall supply a written certification on a form provided by the district, from the physician prescribing the drug(s) attesting that the substance(s) will not adversely affect the driver’s ability to safely operate a bus or motor vehicle.

5. Conclusion

This policy shall not be construed to: (1) limit the authority of the district to conduct drug or alcohol testing on individuals not covered by this policy or to conduct such testing on individuals covered by the policy at times other than stated in this policy; or (2) as a wavier by employees of any contractual, legal or constitutional right.