403.7 Drug and Alcohol Testing Program
A drug and alcohol-testing program is provided by East Union Community Schools in compliance with the law. Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license (CDL) 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 and one 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 school vehicle.
The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing. Employees operating school vehicles will not perform a safety-sensitive function within four 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. A positive test for use of alcohol or illegal drugs will disqualify an applicant from employment in a district position. Employees with questions about the drug and alcohol testing program may contact the school district contact person, superintendent or transportation director, at the Office of the Superintendent or Bus Barn respectively.
Employees who test positive for alcohol or illegal drug use, and/or who otherwise refuse to submit to alcohol or drug tests violate the terms of this policy or any administrative regulations implementing this policy, and will be subject to discipline up to and including termination from their position on the first offense. At the district's discretion, employees who violate this policy may be required to successfully participate in a substance abuse evaluation and , if recommended, a substance abuse treatment program. Employees who refuse to participate in a substance abuse evaluation or recommended treatment program may be subject to discipline up to and including termination.
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.
Legal Reference: American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed.3rd 405 (4th Cir.1995).49 U.S.C. §§ 5331 et seq. (1994).42 U.S.C. §§ 12101 (1994). 41 U.S.C. §§ 701-707 (1996).49 C.F.R. Pt. 40; 382; 391.81-123 (2002). 34 C.F.R. Pt. 85 (2002).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; 321.375(2); 730.5 (2003).
Cross Reference:
403.6Substance-Free Workplace
409.2 Licensed Employee Personal Illness Leave
414.2 Classified Employee Personal Illness Leave
Approved 10-20-03 12-18-14 Reviewed 6-18-07 10-16-12 11-24-14 01-28-19 Revised 12-18-14
403.7E1 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 as “commercial motor vehicles” by the U.S. Department of Transportation 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 weight rating (GVWR) of 26,001 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-owned commercial motor 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 until such time employment is terminated or the employee will no longer operate, at any time, a commercial motor vehicle for the school.
It is the responsibility of the superintendent and/or Director of Transportation 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’s 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 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, regulations 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 for pre-employment drug testing and in addition are subject to 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, regulations and the law.
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents, regulations or the law will be subject to discipline up to and including termination at the discretion of the school district. As a condition of continued employment, employees violating this policy, its supporting documents, regulations or the law will be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by a substance abuse professional.East Union Community School
Employees are required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program will be subject to discipline up to and including termination.
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents, regulations or the law will be subject to discipline up to and including termination. As a condition of continued employment, employees violating this policy, its supporting documents, regulations 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 recommended by the substance abuse professional. Employees are required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program will be subject to discipline up to and including termination.
403.7E2 Drug and Alcohol Testing Program Acknowledgment Form
Form attached.
