4028 Alcohol and Drug Testing for Bus/CDL Drivers
This policy is intended to prevent accidents and injuries resulting from alcohol or controlled substance use by employees who are required to have a commercial driver’s license to perform their duties. In particular, this policy is intended to comply with the district’s obligations under The Omnibus Transportation Act of 1991 and the regulations issued by the United States Department of Transportation.
DEFINITIONS
Certain terms used in this policy have the following meaning unless the context plainly shows otherwise:
A. Accident: Except as provided in section two of this definition, an occurrence involving a commercial motor vehicle operating on a public road in interstate or intrastate commerce which results in:
1. A fatality,
2. Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
3. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
The term “Accident” does not include:
1. An occurrence involving only boarding and alighting from a stationary motor vehicle,
2. An occurrence involving only the loading or unloading of cargo; or
3. An occurrence on the course of operation of a passenger car or a multipurpose passenger vehicle by a motor carrier and is not transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with DOT regulations.
B. Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols, including methyl or isopropyl alcohol.
C. Alcohol concentration: The number of grams of alcohol (e.g., 0.04) in 210 liters of expired deep lung air.
D. “Alcohol confirmation test” means a subsequent test using an EBT (a breath testing device), following a screening test with a result of 0.02 or greater, that provides quantitative data about the alcohol concentration.
E. “Alcohol screening device “ (“ASD”) means a breath or saliva device, other than an EBT, that is approved by the National Highway Traffic Safety Administration (“NHTSA”) and appears on the Office of Drug & Alcohol Policy & Compliance’s web page for “Approved Screening Devices to Measure Alcohol in Bodily Fluids” because it conforms to the model specifications from NHTSA.
F. Alcohol use: The consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.
G. BAT: A qualified breath alcohol technician.
H. CDL: Commercial driver’s license.
I. Controlled substance: Amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, “designer” drugs, any substance classified by state or federal law as a “controlled substance” or a metabolite of any of the above substances.
K. Driver:
1. A district employee who is required to have a CDL to perform the employee’s duties.
2. Employees of independent contractors who are required to have CDLs.
3. Owner-operators.
4. Leased drivers.
5. Occasional drivers.
L. EBT: means a device that is approved by NHTSA for the evidential testing of breath at the .02 and .04 alcohol concentrations, and appears on the Office of Drug & Alcohol Policy & Compliance’s web page for “Approved Screening Devices to Measure Alcohol in Bodily Fluids” because it conforms to the model specifications available by NHTSA.
M. Federal Act: The federal Omnibus Transportation Testing Act of 1991 and the regulations issued by the Department of Transportation pursuant to the Federal Act.
N. Oklahoma Act: The Standards For Workplace Drug and Alcohol Testing Act, tit. 40, O.S. (1997 Supp.) 551 et seq. and the regulations issued by the Oklahoma State Board of Health pursuant to the Oklahoma Act.
O. “Initial drug test” means the test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites.
P. “Initial validity test” means the first test used to determine if a specimen is adulterated, diluted, or substituted.
Q. “Invalid drug test” means the result reported by an HHS-certified laboratory in accordance with the criteria established by HHS Mandatory Guidelines when a positive, negative, adulterated, or substituted result cannot be established for a specific drug or specimen validity test.
R. “Medical review officer” (“MRO”) means a person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer’s drug testing program and evaluating medical explanations for certain drug test results.
S. Safety-sensitive function: Any of the following: time at a facility waiting to be dispatched, unless the driver has been relieved from duty; time inspecting equipment; driving time; all time other than driving time in
or upon a vehicle; loading and unloading time; time obtaining assistance or remaining in attendance upon a disabled vehicle; and time spent providing a breath or urine sample, including travel time to and from a collection site.
T. “Screening Test Technician” (“STC”) means a person who instructs and assists employees in the alcohol testing process and operates an ASD.
U. “Service Agent” means any person or entity, other than an employee of the employer, who provides services to employers and/or employees in connection with DOT drug and alcohol testing requirements.
V. “Split Specimen” means a part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result.
W. “Stand down” means the practice of temporarily removing an employee from the performance of safety- sensitive functions based only on a report from a laboratory to the MRO of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test, before the MRO has completed a verified test.
X. “Substance Abuse Professional” (“SAP”) means a person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing and aftercare.
Y. “Substituted specimen” means a specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine.
Z. “Verified test” means a drug test result or validity testing result from a United States Department of Health and Human Services certified laboratory that has undergone review and final determination by the MRO.
PROHIBITIONS
A driver will not be permitted to report to duty or to remain on duty requiring the performance of a safety-sensitive function if any of the following is present:
A. Alcohol:
1. The driver has an alcohol concentration of 0.02 or more as measured on a breath test.
2. If the driver:
a. Has an alcohol concentration of 0.04 or more as measured on a breath test.
b. Possesses alcohol at work.
c. Uses alcohol at work.
d. Reports for duty within four hours after alcohol use.
e. Uses alcohol within eight hours after an accident.
f. Refuses to submit to a required alcohol test, the driver cannot return to a safety-sensitive function until:
(1) Evaluated.
(2) Treated, if required, by a substance-abuse professional.
(3) Retested with a result below 0.02.
3. After testing from 0.02 to 0.039 concentration during a pre-employment, post-accident, random, reasonable suspicion, return-to-work or follow-up test, until:
a. The next scheduled duty period if at least 24 hours have elapsed, or
b. A retest shows the alcohol concentration has fallen below 0.02.
4. The driver displays behavior or appearance characteristic of alcohol misuse.
5. The driver is under the influence of or is impaired by alcohol, as shown by behavioral speech and performance indicators of alcohol misuse.
6. The driver possesses alcohol while on duty.
7. The driver uses alcohol during duty performance.
8. The driver has used alcohol within the four hours previous to performing duties.
9. The driver has had an accident within the last eight hours and has not taken a breath test showing clearance from prohibited alcohol levels.
10. The driver has refused to take a breath test for alcohol use.
B. Controlled substances:
1. The driver uses any controlled substance, unless the use is pursuant to a physician’s written certification stating that the use does not adversely affect the driver’s ability to safely operate a motor vehicle.
2. A supervisor or administrative employee has actual knowledge that a driver has used a controlled substance.
3. The driver has a verified positive test for a controlled substance.
4. The driver displays behavior or appearance characteristic of controlled-substance use.
C. Medication:
1. The driver is taking any prescription or non-prescription medication containing alcohol, even if the driver has notified the driver’s supervisor of the medication use.
PREEMPLOYMENT CONSENT
The School district shall request the driver’s written consent to obtain the following information from DOT- regulated employers who have employed the driver during the two (2) years before the date of the driver’s application to a position requiring safety-sensitive duties:
i. Alcohol tests with a result of 0.04 or higher alcohol concentration;
ii. Verified positive drug tests;
iii. Refusals to be tested (including verified adulterated or substituted drug test results);
iv. Other violations of DOT agency drug and alcohol testing regulations; and
v. Documentation of the driver’s successful completion of return-to-duty requirements (for those drivers who have violated a drug or alcohol regulation). If the previous employer does not have this documentation, the school district shall request that the driver produce it.
A driver may not perform safety-sensitive functions if s/he refuses to consent in writing to the release of the above information.
Drivers are responsible for furnishing the district with accurate information regarding their employment history,
including accurate identification of all former DOT-regulated employers.
The school district shall maintain a written, confidential record of the information obtained or of the good faith efforts made to obtain the information. This record shall be maintained for three years from the date of the driver’s first performance of safety-sensitive functions.
Prior to the driver’s first performance of safety-sensitive functions, the school district shall ask the driver whether
s/he has tested positive, or refused to test, on any pre-employment drug or alcohol test (1) administered by a
DOT-regulated employer, (2) in connection with a position for which the driver applied, (3) involving the driver’s failure to obtain safety-sensitive transportation work, and (4) over the period of two years preceding the date of the employee’s application for employment with the school district. If the driver admits to a positive test or a refusal to test within the past two years, the school district shall not allow the driver to perform safety-sensitive functions until and unless the driver documents successful completion of the return-to-duty process.
CONSEQUENCES ASSOCIATED WITH PREEMPLOYMENT TESTING
The school district may decline to employ an applicant who fails drug testing, provides false information, or who fails to cooperate with the district in procuring testing and test results. To the extent the applicant has been offered employment or placed in an alternate position pending the receipt of test results, the offer may be withdrawn and alternate employment terminated in accordance with the district’s policies and procedures applicable to employee termination.
REQUIRED TESTING
The following testing is required of all drivers:
A. Pre-employment testing:
1. Alcohol: A driver must pass a test prior to performing a safety-sensitive function. The test will be made during the hiring process or immediately before the driver first performs a safety-sensitive function. A driver may not commence the driver’s duties unless the test shows a concentration of less than 0.04. If the test shows a concentration of between 0.02 and 0.04, no safety-sensitive duties may be performed for at least 24 hours. A pre-employment alcohol test will not be required if:
a. The driver has undergone an alcohol test required by the Federal Act within the previous six weeks and tested under 0.04, and
b. The driver provides evidence that no prior employer of the driver has records of alcohol misuse within the previous six months.
2. Controlled substances: The driver must receive a confirmed negative controlled-substance test result from a medical officer, except that no testing is required if:
a. The driver has participated within the previous 30 days in a drug-testing program meeting the requirements of the Federal Act.
b. While participating in the program, either:
(1) Was tested for controlled substances within six months prior to the date of employment application.
(2) Participated in a random controlled-substance testing program for the 12 months prior to the date of the employment application, and
c. The driver provides evidence that no prior employer of the driver has records of a violation of controlled-substance use rules within the previous six months.
B. Post-accident testing:
As soon as practical after an accident, the following tests will be administered:
1. Alcohol:
a. Each surviving driver who was performing safety-sensitive functions with respect to the vehicle, if the accident involves loss of life, regardless of whether the driver was at fault.
b. Each driver who received a moving traffic violation arising from the accident.
c. The test is to be administered within two hours of the accident. If the test is not administered within that time, the driver’s supervisor shall cease attempts to administer an alcohol test and shall prepare a written report as to why a test was not given.
d. Drivers shall remain readily available for testing. A driver leaving the scene of an accident without a valid reason prior to submission to the test may be deemed to have refused to submit to testing.
e. A breath or blood alcohol test conducted by a law enforcement agency will be considered to meet these requirements if the test meets the requirement of the Federal Act and the results are obtained by the district.
2. Controlled substances:
a. A test for controlled substances will be administered to those drivers for whom an alcohol test is required within 32 hours following an accident. If no test is made within that time period, then no test will be made and the driver’s supervisor will prepare a written report stating the reasons for not administering a prompt test.
b. A urine test for controlled substances administered by a law enforcement agency will be considered to meet these requirements if the test meets the requirements of the Federal Act and the results are obtained by the district.
C. Random testing:
Random testing of drivers will be conducted throughout the year. Selection of the drivers to be tested will be made by a scientifically valid method, such as random-number table or a computer-based random-generator matched with drivers’ social security numbers, payroll identification numbers or other comparable identifying numbers. Dates for administering unannounced testing shall be unpredictable and spread reasonably through- out a 12-month period. Drivers are to be tested while performing safety-sensitive functions, just before performing those functions, or just after ceasing those functions.
1. Alcohol: The minimum annual percentage rate for random alcohol testing will be ten percent (10%) of the average number of driver positions, subject to adjustment of the percentage by the Federal Highway Administration.
2. Controlled substances: The minimum annual percentage rate for random testing for controlled substances will be 50 percent of the average number of driver positions.
D. Reasonable suspicion testing:
Alcohol and controlled-substance testing will be conducted when there is reasonable suspicion to believe that a driver has violated the prohibitions under Prohibitions of this policy. Reasonable suspicion shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. Reasonable suspicion for controlled-substance use may also include indications of the chronic and withdrawal effects of controlled substances.
1. Alcohol testing is authorized only if the observations are made during, just preceding or just after the period of the work day that the driver is performing a safety-sensitive function.
2. Persons designated to determine whether reasonable suspicion exists must receive at least 60 minutes of training on performance indicators of probable alcohol misuse.
3. The required observations shall be made by a supervisor who has received training in detecting the symptoms of alcohol/controlled-substance misuse. The supervisor who makes the determination that reasonable suspicion exists shall not conduct the alcohol test.
4. A written record must be made as to why an alcohol test was not made within two hours following a determination of reasonable suspicion of misuse. No test is to be made if eight hours passed after the determination.
5. A written record will be made of the observations leading to a controlled-substance reasonable-suspicion test. The record will be signed by the supervisor who made the observations. The record will be made within 24 hours of the observed behavior or before the test results are received, whichever is earlier.
E. Return-to-duty testing:
No one suspected of being under the influence of, or impaired by, alcohol will be permitted to perform a safety- sensitive function until:
1. An alcohol test shows a concentration of less than 0.02, or
2. Twenty-four hours have elapsed following a determination that there was reasonable suspicion to believe the driver has violated the rules in this policy against alcohol use.
A driver engaging in conduct prohibited under Prohibitions of this policy shall not return to a safety- sensitive function without first passing a breath test with a result of alcohol concentration of 0.02 or less.
F. Follow-up testing:
A driver who has been identified by a substance abuse professional as needing assistance in resolving problems with alcohol/controlled-substance misuse, and who has returned to duty involving the performance of a safety- sensitive function, will be subject to a minimum of six unannounced follow-up alcohol/controlled-substance tests over the following 12 months. The substance abuse professional can direct additional testing during this period or for an additional period up to a maximum of 60 months.
TEST PROCEDURES
Testing methodology will comply with the requirements of the Oklahoma Act, except that the requirements of the Federal Act stated in Test Procedures supersede the provisions of the Oklahoma Act. Alcohol testing must be conducted in a location that provides visual and aural privacy to the driver, sufficient to prevent unauthorized persons from seeing or hearing the test.
Alcohol Testing Procedures
1. Initial Alcohol Screening Tests
i. Procedures for an Alcohol Screening Test Using an EBT or Non-Evidential Breath ASD
a. When the driver enters the testing location, the BAT or STT will require the driver to provide positive identification. If the driver requests, the BAT or STT will provide positive identification. The BAT or STT will explain the testing procedure. An individually-sealed mouthpiece is open in the view of the driver and attached to the EBT. The driver will then blow into the mouthpiece for at least six (6) seconds or until the device indicates that an adequate amount of breath has been obtained. The BAT or STT will show the driver the displayed test result. If the EBT does not provide a printed result, the BAT or STT will record the test number, date, technician’s name, location and test result
b. If the screening test result is less than 0.02, the BAT or STT will transmit the result in a confidential manner to the school district’s DER, who is designated by the board of education or the school superintendent to receive and handle alcohol test results in a confidential manner.
c. If the breath test is 0.02 or higher, a confirmation test is required.
ii. Procedures for an Alcohol Screening Test Using Saliva ASD
a. When the driver enters the testing location, the STT will require the driver to provide positive identification. If the driver requests, the STT will provide positive identification. The STT will check the expiration date on the device and show it to the driver. An individually wrapped package containing the device will be opened in the presence of the driver, and the driver will be instructed to insert the device into his or her mouth and use it in the manner described by the manufacturer. If the driver chooses not to use the device, the STT must insert the device into the driver’s mouth and gather salvia.
b. If the screening test result is less than 0.02, the STT will transmit the result in a confidential manner to the school district’s DER who is designated by the board of education or the school superintendent to receive and handle alcohol test results in a confidential manner.
c. If the test result is an alcohol concentration of 0.02 or higher, a confirmation test is required.
2. Alcohol Confirmation Tests
i. All confirmation tests must be conducted using an EBT. The confirmation test must occur no less than fifteen (15) minutes after the completion of the screening test and should occur no more than thirty (30) minutes after the completion of the screening test.
ii. Before a confirmation test is given, the BAT must conduct a “blank” test on the EBT to obtain a reading of 0.00. The remainder of the confirmation test is identical to the screening test for EBT’s described in section 1.i.a. above.
iii. If the confirmation test result is lower than 0.02, nothing further is required of the driver.
iv. If the confirmation test result is 0.02 or higher, the driver must sign and date the ATF. The BAT will immediately transmit the result to the DER in a confidential manner.
v. Refusal to take a required test has the same consequences as if the driver had tested 0.04 or more. The following constitutes a refusal to take a test: (1) failure to appear for any test within a time required to appear; (2) failure to provide an adequate amount of saliva or breath for testing without a valid medical explanation; (3) failure to cooperate with any part of the testing process; (4) failure to sign the alcohol testing form or ATF certification; (5) failure to remain at the testing site until the testing process is complete, unless the test is a pre-employment test; (6) failure to undergo a medical examination or evaluation due to insufficient breath sampling; (7) leaving the scene of a accident before being tested, except when reasonably necessary to receive medical treatment.
Controlled Substances Testing Procedures
1. Procedures for Collection of Urine Specimens
i. All urine collections must be split specimen collections
ii. The school district must direct an immediate urine collection under direct observation with no advance notice to the driver, if:
a. the laboratory reported to the Medical Review Officer (“MRO”) that a specimen is invalid and the MRO has reported that there is not an adequate medical explanation for the result; or
b. the MRO reported that the original positive, adulterated, or substituted test result had to be cancelled because the test of the split specimen could not be performed;
c. the laboratory reported to the MRO that the specimen was negative-dilute with a creatinine concentration greater than or equal to 2 mg/dL, and the MRO reported the specimen as negative- dilute and that a second collection must take place under direct observation.
iii. The school district must direct a collection under direct observation of a driver if the drug test is a return-to-duty test or a follow-up test.
iv. A driver must receive an explanation of the reasons for a directly observed collection.
v. If a driver declines to allow a directly observed collection, that driver will be considered to have refused to test.
2. Procedures for Testing of Urine Specimens
i. Testing of urine samples for controlled substances shall be performed by a laboratory certified by the federal Department of Health and Human Services (“DHHS”) under the National Laboratory Certification Program.
ii. Controlled substance testing may only be performed for the following five drugs or classes of
drugs: (a) marijuana metabolites, (b) cocaine metabolites, (c) amphetamines, (d) opioid metabolites, and (e) phencyclidine (PCP).
iii. If the driver requests a test of a split specimen, the first laboratory will ship the unopened split specimen to a second DHHS-approved laboratory for testing. If the test of the split specimen fails to confirm the presence of a controlled substance, the entire test is cancelled.
iv. The driver must request a split specimen test verbally or in writing within 72 hours of being notified of a verified positive drug test or refusal to test because of adulteration or substitution.
v. If a driver does not make a request within 72 hours, the driver may present information to the MRO documenting that serious injury, illness, lack of actual notice of the verified test result, inability to contact the MRO, or other circumstances unavoidably prevented the driver from making a timely request.
vi. If a driver makes a timely request for a split specimen test, the school district must ensure that the MRO, first laboratory and second laboratory perform the split-specimen testing functions in a timely manner. If necessary, the school district must pay for the split specimen testing and seek reimbursement from the driver.
vii. The MRO will report split specimen test results to the DER and driver.
viii. The laboratory will report results directly to the MRO. The laboratory will not report the results to anyone else.
ix. When the MRO receives a confirmed positive, adulterated, substituted, or invalid test result from the laboratory, the MRO will attempt to contact the driver to determine whether the driver wants to discuss the test result. If the MRO cannot reach the driver after reasonable efforts to do so, the MRO must contact the DER but cannot tell the DER that the driver has a confirmed positive, adulterated, substituted, or invalid test result. The DER must then attempt to contact the driver. If the DER makes contact with the driver, the DER should simply direct the driver to contact the MRO immediately and inform the driver of the consequences of failing to contact the MRO within the next 72 hours. If the DER is unable to reach the driver after making three (3) attempts, spaced reasonably, over a 24-hour period, then the DER may place the driver on temporary medically unqualified status or medical leave. Documentation must be kept by the DER of any actual and/or attempted contacts with the driver, including the dates and times of the contacts. If the DER is unable to contact the driver within the 24-hour period, the DER must leave a message for the driver by voice mail, e-mail or letter to contact the MRO and inform the MRO of the date and time of this message.
x. Confirmation testing for controlled substances will be performed in accordance with the Oklahoma Act, except when the Oklahoma Act conflicts with Federal law.
xi The MRO may conduct additional testing of a specimen as authorized by the DOT if doing so is necessary to verify a test result.
xii. The MRO must verify a confirmed positive test result for marijuana, cocaine, amphetamines, semi-
synthetic opioids (i.e. hydrocodone, hydromorphone, oxycodone, and oxymorphone) and/or PCP unless the driver presents a legitimate medical explanation for the presence of the drug(s) metabolite(s) in her or his system. In determining whether an employee’s legally valid prescription consistent with the Controlled Substance Act for a substance in the categories constitutes a legitimate medical explanation, the MRO must not question whether the prescribing physician should have prescribed the substance.
xiii. The MRO must verify a confirmed positive test result for opiates in the following circumstances:
a. The MRO must verify the test result positive if the laboratory confirms the presence of 6-acetylmorphine (6-AM in the specimen)
b. In the absence of 6-AM, if the laboratory confirms the presence of either morphine or codeine at 15,000 ng/mL, or above, the MRO must verify the test result positive unless the employee presents a legitimate medical explanation for the presence of the drug(s) metabolite(s) in her or his system.
c. For all other opiate positive results, the MRO must verify a confirmed positive test result for opiates only if they determine that there is clinical evidence, in addition to the urine test, of unauthorized use of any opium, opiate or opium derivate.
xiv. As part of the verification decision, the MRO must conduct a medical interview that includes reviewing the driver’s medical history and any other relevant biomedical factors presented by the driver, as well as directing the driver to undergo further medical evaluation.
xv. DOT tests must be completely separate from non-DOT tests in all respects, and DOT tests must take priority over non-DOT tests. DOT tests must be completed before a non-DOT test is begun. The results of a DOT test shall not be disregarded or changed based on the results of a non-DOT test.
REFERRAL AND TREATMENT
Drivers testing for more than 0.04 alcohol concentration, possessing alcohol at work, using alcohol at work, working within four hours after alcohol use, using alcohol within eight hours after an accident, refusing to submit to required alcohol or controlled-substance tests or showing use of controlled substances shall be advised of the resources available to the driver in evaluating and resolving problems associated with alcohol/controlled-substance misuse, including the names, addresses and phone numbers of substance
abuse professionals and counseling and treatment programs. These drivers will be evaluated by a substance abuse professional who shall determine what assistance, if any, the driver needs in resolving problems associated with alcohol/controlled-substance misuse. The driver will not be permitted to return to work until receiving a test result of less than 0.02 alcohol concentration if the conduct involved alcohol, or a controlled-substance test with a confirmed negative result if the conduct involved substance abuse. If the driver is identified as needing assistance in resolving problems associated with alcohol/controlled-substance misuse, the driver must be evaluated by a substance abuse professional to determine that the driver has properly followed the prescribed rehabilitation program, and the driver must be subject to unannounced follow-up alcohol and controlled-substance tests on return to duty as stated above.
These requirements do not apply to drivers refusing to be tested or drivers having a pre-employment test of 0.04 or more.
MANAGEMENT INFORMATION SYSTEM
The district will prepare an annual calendar year summary of its alcohol testing program. The report will be submitted in accordance with the Federal Act by March 15 for the prior year. The report will contain the statistical data required by the Federal Act.
EDUCATIONAL MATERIALS
Each driver must receive educational materials that explain the alcohol misuse prevention requirements; the district’s policies and procedures; the identity of a contact person knowledgeable about the materials; factual information on the effects of alcohol/ controlled-substance misuse on personal life, health and safety; where help can be obtained, including the district’s Employee
Assistance Program; categories of employees subject to testing; what functions are covered by the policy; a description of prohibited conduct and the circumstances that trigger testing, testing procedures and safeguards; what constitutes a refusal to submit to testing and the consequences; signs and symbols of an alcohol/controlled-substance problem; consequences for drivers with an alcohol test level of 0.02 or more but less than 0.04; and the consequences of violating the rules. The staff will prepare appropriate educational materials.
MAINTENANCE OF RECORDS
The district shall maintain records of its alcohol/controlled-substance misuse prevention program. The period of retention for these records shall be:
A. Five years:
Records of driver alcohol/controlled-substance tests with confirmed positive results; documentation of refusal to take required tests; calibration tests for EBTs; and driver evaluation and referrals.
B. Two years:
Records relating to controlled-substance collection and training.
C. One year
Records of negative controlled-substance test results.
Upon written request, a driver is entitled to obtain copies of any district records concerning the driver’s use of alcohol/controlled substances, including test results.
DISCIPLINARY ACTION
Employees who violate the prohibitions in the Prohibitions section of this policy or have a confirmed alcohol breath test of 0.02 or more while performing safety-sensitive functions or who have a confirmed positive controlled- substance test will be subject to disciplinary action, including termination.
OTHER POLICIES
This policy does not supersede any other district policy pertaining to alcohol or controlled-substance use by district employees, except to the extent that this policy is specific to drivers performing safety-sensitive functions. To the extent permitted by federal law, this policy is to be interpreted consistent with the Oklahoma Act.
Revised 6/10/96
Revised 12/14/98
Revised 1/14/02
Revised 12/10/07
Revised 12/9/13
Revised 12/9/19