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