4212.41
BP
Board Policy
Employee Drug Testing
Classified Employees
The Governing Board maintains a drug- and alcohol-free workplace. In accordance with law, all employees shall render service without using, possessing, being impaired by, or being under the influence of alcohol or drugs.
Pre-Employment Drug/Alcohol Testing for Safety-Sensitive Positions
Because students and staff have the right to a safe and secure campus where they are free from physical and psychological harm, the Governing Board authorizes the testing of prospective employees in safety-sensitive positions for drug and alcohol use. The following positions are safety-sensitive and are subject to the district's program:
Position Safety-Sensitive Duties
School Bus Drivers: Transportation of Students
Van Drivers: Transportation of students
Driver/Dispatcher: Transportation of Students
Lead Mechanic: Transportation of Students
Mechanic: Transportation of Students
Once a conditional offer of employment has been made, prospective employees in these identified positions shall undergo a pre-employment drug and alcohol screening for any substance which could impair their ability to safely and effectively perform their job functions. This screening shall be part of the employee's pre-employment physical examination.
Final selection of a job applicant for a position shall not be made until the applicant has successfully completed the screening.
All testing and medical examinations shall be conducted in accordance with state and federal law, Board policy, and administrative regulation.
Legal & Management References
State
5 CCR 5504 - Medical certification procedures
CA Constitution Article 1, Section 28 - Right to Safe Schools
Ed. Code 44011 - Controlled substance offense; definition
Ed. Code 44455 - Conviction for controlled substance offenses as grounds for revocation of credential
Ed. Code 44836 - Employment of certificated persons convicted of sex offense or controlled substance offense
Ed. Code 44839 - Medical certificate; periodic medical examination
Ed. Code 44940 - Compulsory leave of absence for certificated persons
Ed. Code 44940.5 - Procedures when employees are placed on compulsory leave of absence
Ed. Code 45122 - Physical examinations
Ed. Code 45123 - Employment after conviction of controlled substance offense
Ed. Code 45304 - Compulsory leave of absence for classified persons
Gov. Code 12940 - Unlawful discriminatory employment practices
Gov. Code 8350-8357 - Drug-free workplace
Federal
41 USC 701-707 - Drug-Free Workplace Act
Management Resources
Court Decision - International Brotherhood of Teamsters v. Department of Transportation (1991) 932 F.2d 1292
Court Decision - Knox County Education Association v. Knox County Board of Education (1998, 6th Circuit) 158 F.3d 361
Court Decision - Lanier v. City of Woodburn (2008, 9th Circuit) 518 F.3d 1147
Court Decision - Loder v. City of Glendale (1997) 14 Cal. 4th 846
Court Decision - National Treasury Employees Union v. Von Raab, (1989) 489 U.S. 456
Court Decision - Skinner v. Railway Labor Executives' Assn, (1989) 489 U.S. 602
Court Decision - Vernonia School District 47J v. Acton, (1995) 115 S.Ct. 2386
Website - CSBA District and County Office of Education Legal Services
Cross References
0450 AR Comprehensive Safety Plan
3513.4 BP Drug And Alcohol Free Schools
4020 BP Drug And Alcohol-Free Workplace
4030 AR Nondiscrimination In Employment
4032 AR Reasonable Accommodation
4112.4 AR Health Examinations
4112.6 AR Personnel Files
4119.21 BP Professional Standards
4119.21-E PDF(1) AR Professional Standards
4219.21 BP Professional Standards
4319.21 BP Professional Standards