403.6 DRUG AND ALCOHOL TESTING PROGRAM

403.6 DRUG AND ALCOHOL TESTING PROGRAM

Code 403.6

Drug and Alcohol Testing Program

Employees who operate school vehicles classified as "commercial motor vehicles" by the U.S. Department of Transportation, and are required to possess a commercial's driver's license (CDL) to operate those vehicles, are subject to drug and alcohol testing. A "commercial motor vehicle" is a vehicle that transports sixteen or more persons including the driver or has a gross vehicle rating (GVWR) of 26,001 pounds or more. For purposes of the drug and alcohol testing program, the term "employees" includes applicants who have been offered a position to operate a commercial motor vehicle owned by the school.

Employees or employee applicants that will operate a school vehicle as described above are subject to pre-employment drug testing prior to being allowed to perform a safety sensitive function using the school vehicle. In addition employees will be subject to random, responsible suspicion and post-accident drug and alcohol testing. Employees operating school vehicles will not perform a safety - sensitive function within 4 hours of using alcohol. Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations. Employees with questions about the drug and alcohol testing program may contact the Morning Sun Superintendent, Mike Peterson, PO Box 129, Morning Sun, Iowa  52640  or 319.868.7701.

Employees who violate the terms of this policy are subject to discipline up to and including termination.  The district is required to keep a record of all drug or alcohol violations by employees for a minimum of five years.  Employees are put on notice that information related to drug or alcohol violations will be reported to the Federal  Motor Carrier Safety Administration (FMCSA) Clearinghouse.  Additionally, the district will conduct FMCSA Clearinghouse queries for employees annually.  Employees must provide written consent for the district to conduct FMCSA Clearinghouse queries; however, the employees who choose to withhold consent will be prohibited from performing any safety sensitive functions.

It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law. The superintendent will inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.

The superintendent will also be responsible for publication and dissemination of this policy and its supporting administrative regulations and forms to employees operating school vehicles. The superintendent will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.

IASB Drug and Alcohol Testing Program (IDATP) Web site:

https://www.ia-sb.org/Main/Affiliated_Programs/Iowa_Drug_Alcohol_Testing...

 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS Page 1 of 2

Code 403.9

 

Legal Reference:                       American Trucking Assoc. Inc. V

                                                Federal Highway Admin. 51 Fed. 3rd

                                                405 (4th Cir. 1995)

                                                42 U.S.C  §§ 12101

                                                49 U.S.C. 5331 et. seq.                                   

                                                41 U.S.C. §§ 701-707

                                                49 C.F.R. Pt. 40; 382: 391.81-123

                                                34 C.F.R. Pt. 85

                                                Local 301, Internat'l Assoc. of Fire Fighters,

                                                AFL-CIO, and City of Burlington, PERB

                                                No. 3876 ( 3-26-91 )

                                                Iowa Code §§ 124; 279.8; 730.5 321.375(2) (2003)

 

            Cross Reference         403.5                Substance-Free Workplace

                                                409.2                Licensed Employee Personal Illness Leave

                                                414.2                Classified Employee Personal Illness Leave

 

 

 

 

 

Approved          08/23/94           Reviewed          12/11/95; 12/14/98; 12/15/03; 1/14/09; 12/11/13; 6/13/19; 12/12/23          Revised            08/11/03; 3/14/05

                                                                       

MORNING SUN COMMUNITY SCHOOL DISTRIC BOARD OF DIRECTORS Page 2 of 2

 

403.6E1 DRUG AND ALCOHOL TESTING PROGRAM NOTICE TO EMPLOYEES

403.6E1 DRUG AND ALCOHOL TESTING PROGRAM NOTICE TO EMPLOYEES

Code No. 403.9E1

Drug and Alcohol Testing Program Notice to Employees

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and in addition are subject to random, reasonable suspicion and post-accident drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.

Employees who operate school vehicles classified are subject to drug and alcohol testing if a commercial drivers license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand, one pounds or more.  For purposes of the drug and alcohol testing program, "employees" also includes applicants who have been offered a position to operate a commercial motor vehicle owned by the school. Employees that will operate a school vehicle are subject to the drug and alcohol testing program regulations beginning the first day they are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program.

It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements. Employees with questions regarding the drug and alcohol testing requirements will contact the school district contact person.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or regulations will be subject to discipline up to and including termination.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED  it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents, regulations and the law. It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using. Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents, or the law.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program

   MORNING SUN COMMUNITY SCHOOL BOARD OF DIRECTORS Page 1 of 2

Code No. 403.9E1

for pre-employment drug testing and random, reasonable suspicion, post-accident, return-to-duty, and follow-up drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination. As a condition of continued employment, employees violating this policy, its supporting documents or the law bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and, a substance abuse treatment program, if recommended by the substance abuse professional. Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

 

 

 

 

 

 

MORNING SUN COMMUNITY SCHOOL BOARD OF DIRECTORS Page 2 of 2

403.6E2 DRUG AND ALCOHOL TESTING PROGRAM ACKNOWLEDGMENT FORM

403.6E2 DRUG AND ALCOHOL TESTING PROGRAM ACKNOWLEDGMENT FORM

Code No. 403.9E2

Drug and Alcohol Testing Program Acknowledgment Form

I, ____________________, have received a copy, read and understand the Drug and Alcohol Testing Program policy and its supporting documents. I consent to submit to the drug and alcohol testing program as required by the Drug and Alcohol Testing Program policy, its supporting documents, regulations and the law.

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents, regulations or the law, I may be subject to discipline up to and including termination.

I also understand that I must inform my supervisor of any prescription medication I use. I further understand that drug and alcohol testing records about me are confidential and may be released in accordance with this policy, its supporting documents, regulations or the law.

 

 

 

 

 

 

_____________________________                    ___________________

Signature of Employee                                                  Date

 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

403.6E3 DRUG & ALCOHOL PROGRAM AND PRE-EMPLOYMENT TESTING WRITTEN CONSENT TO SHARE INFORMATION

Code No. 403.6E3

Drug & Alcohol Program and Pre-Employment testing Written Consent to Share Information

I, ___________________________, understand that part of my employment in a position that requires a commercial driver's license in the Morning Sun Community School District, I grant consent for the District to conduct queries of the Federal Motor Carrier Safety Administration ("FMCSA") Commercial Driver's License Drug and Alcohol Clearinghouse to determine whether drug or alcohol violation information about me exists in the Clearinghouse.  I further consent to the District sharing information related to my drug and alcohol testing results with prior, current, and future employers, as well as the FMCSA Clearinghouse in accordance with state and federal laws.

I understand that the District will check and perform queries of my drug and alcohol testing results prior to my employment in any position which requires the use of a commercial driver's license.  I further understand the District will check and perform queries of my testing results annually and is required to report any drug and alcohol violations of the policy to the FMCSA Clearinghouse.

I understand that I am not required to consent to the query of the FMCSA Clearinghouse or the District sharing of drug and alcohol testing information with past, present, or future employers or the FMCSA Clearinghouse, but without my consent I understand I will be prohibited from performing safety sensitive functions, including driving a commercial motor vehicle, as required by FMCSA's drug an alcohol program regulations.

I hereby give consent to the District to perform queries of the FMCSA Clearinghouse and share my drug and alcohol testing results with past, present, and future employers, as well as the FMCSA Clearinghouse.

 

_______________________________________________________          _____________________________________________

Signature of Employee                                                                                     Date