4112.42
BP
Board Policy
Drug And Alcohol Testing For School Bus Drivers
The Board of Education desires to ensure that district-provided transportation is safe for students, staff, and the public. To that end, the Superintendent or designee shall establish a drug and alcohol testing program for all district drivers and other employees who hold a commercial driver's license which is necessary to perform duties related to their employment with the district. This program shall be designed to fulfill the requirements of state and federal law.
The district's testing program shall include pre-employment drug testing and reasonable suspicion, random, post-accident, return-to-duty, and follow-up drug and alcohol testing of drivers. (49 USC 31306)
The Superintendent or designee shall contract for testing services and shall ensure that testing contractors and procedures are certified by the U.S. Department of Health and Human Services to conduct drug specimen analysis and to conform to the requirements of federal law.
No driver may operate a district vehicle when his/her blood alcohol content is found to be .01 percent or greater. A driver shall not consume alcohol while on duty or for four hours prior to on-duty time and up to eight hours following an accident or until he/she undergoes a post-accident test, whichever occurs first. A driver shall not report for duty or remain on duty that requires performing safety-sensitive functions when the driver uses a controlled substance, unless so instructed by a physician. (49 CFR 382.205, 382.207, 382.209; Vehicle Code 34520.3; 13 CCR 1213.1)
Any driver who tests positive for alcohol or drugs or who refuses to submit to a test shall be removed from safety-sensitive functions and may be subject to disciplinary action up to and including dismissal in accordance with law, administrative regulations, and the district's collective bargaining agreement.
The Superintendent or designee shall ensure that each driver receives an explanation of the federal regulations and the district's policy and procedure in accordance with law. In addition, each driver shall sign a statement certifying that he/she has received a copy of the above materials. Representatives of employee organizations shall be notified of the availability of this information. (49 CFR 382.601)
Legal & Management References
State
13 CCR 1200-1294 - Motor carrier safety
13 CCR 1213.1 - Placing drivers out-of-service
Ed. Code 35160 - Authority of governing boards
Gov. Code 8355 - Certification of drug-free workplace, including notification
Veh. Code 13376 - Driver certificates; revocation or suspension
Veh. Code 34500-34520.5 - Safety regulations
Federal
21 CFR 1308.11-1308.15 - Controlled substances
41 USC 8101-8106 - Drug-Free Workplace Act
49 CFR 382.101-382.727 - Controlled substance and alcohol use and testing
49 CFR 382.205 - On-duty use
49 CFR 382.207 - Pre-duty use
49 CFR 382.209 - Use following an accident
49 CFR 40.1-40.413 - Procedures for transportation workplace drug and alcohol testing programs
49 USC 31306 - Alcohol and drug testing
Management Resources
California Highway Patrol Publication - Controlled Substances and Alcohol Testing Compliance Checklist, 2007
California Highway Patrol Publication - What is CSAT? Controlled Substances and Alcohol Testing, 2005
Website - CSBA District and County Office of Education Legal Services
Website - Commercial Driver's License Drug and Alcohol Clearinghouse
Website - California Department of Motor Vehicles
Website - California Highway Patrol
Website - Federal Motor Carrier Safety Administration
Website - U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance
Cross References
3513.4 BP Drug And Alcohol Free Schools
3530 AR Risk Management/Insurance
3540 AR Transportation
3542 AR School Bus Drivers
3580 AR District Records
4020 BP Drug And Alcohol-Free Workplace
4112.9 AR Employee Notifications
4119.21 BP Professional Standards
4119.21-E PDF(1) AR Professional Standards
4159 BP Employee Assistance Programs
4161 BP Leaves
4161.8 AR Family Care And Medical Leave
4212.41 BP Employee Drug Testing
4212.9 BP Employee Notifications
4219.21 BP Professional Standards
4259 BP Employee Assistance Programs
4261 BP Leaves
4261.8 AR Family Care And Medical Leave
4312.41 BP Employee Drug Testing
4312.9 BP Employee Notifications
4319.21 BP Professional Standards
4359 BP Employee Assistance Programs
4361 BP Leaves
4361.8 AR Family Care And Medical Leave