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.
\n\nThe 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)
\n\nThe 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.
\n\nNo 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)
\n\nAny 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.
\n\nThe 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)
\n\n\n", "contentText": "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.\n\nThe 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)\n\nThe 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.\n\nNo 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)\n\nAny 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.\n\nThe 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)", "footnotes": [ { "type": "State", "references": [ { "code": "13 CCR 1200-1294", "description": "Motor carrier safety", "url": "" }, { "code": "13 CCR 1213.1", "description": "Placing drivers out-of-service", "url": "https://govt.westlaw.com/calregs/Document/I72DBAA035A1E11EC8227000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "code": "Ed. Code 35160", "description": "Authority of governing boards", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=35160." }, { "code": "Gov. Code 8355", "description": "Certification of drug-free workplace, including notification", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=8355." }, { "code": "Veh. Code 13376", "description": "Driver certificates; revocation or suspension", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=13376." }, { "code": "Veh. Code 34500-34520.5", "description": "Safety regulations", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=VEH&division=14.8.&title=&part=&chapter=&article=" } ] }, { "type": "Federal", "references": [ { "code": "21 CFR 1308.11-1308.15", "description": "Controlled substances", "url": "https://www.ecfr.gov/current/title-21/chapter-II/part-1308?toc=1" }, { "code": "41 USC 8101-8106", "description": "Drug-Free Workplace Act", "url": "" }, { "code": "49 CFR 382.101-382.727", "description": "Controlled substance and alcohol use and testing", "url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-382" }, { "code": "49 CFR 382.205", "description": "On-duty use", "url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-382/subpart-B/section-382.205" }, { "code": "49 CFR 382.207", "description": "Pre-duty use", "url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-382/subpart-B/section-382.207" }, { "code": "49 CFR 382.209", "description": "Use following an accident", "url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-382/subpart-B/section-382.209" }, { "code": "49 CFR 40.1-40.413", "description": "Procedures for transportation workplace drug and alcohol testing programs", "url": "https://www.ecfr.gov/current/title-49/subtitle-A/part-40" }, { "code": "49 USC 31306", "description": "Alcohol and drug testing", "url": "https://uscode.house.gov/view.xhtml?req=(title:49%20section:31306%20edition:prelim)%20OR%20(granuleid:USC-prelim-title49-section31306)&f=treesort&edition=prelim&num=0&jumpTo=true" } ] }, { "type": "Management Resources", "references": [ { "code": "California Highway Patrol Publication", "description": "Controlled Substances and Alcohol Testing Compliance Checklist, 2007", "url": "" }, { "code": "California Highway Patrol Publication", "description": "What is CSAT? Controlled Substances and Alcohol Testing, 2005", "url": "" }, { "code": "Website", "description": "CSBA District and County Office of Education Legal Services", "url": "https://legalservices.csba.org/" }, { "code": "Website", "description": "Commercial Driver's License Drug and Alcohol Clearinghouse", "url": "https://clearinghouse.fmcsa.dot.gov" }, { "code": "Website", "description": "California Department of Motor Vehicles", "url": "http://www.dmv.ca.gov" }, { "code": "Website", "description": "California Highway Patrol", "url": "http://www.chp.ca.gov" }, { "code": "Website", "description": "Federal Motor Carrier Safety Administration", "url": "http://www.fmcsa.dot.gov" }, { "code": "Website", "description": "U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance", "url": "http://www.dot.gov/ost/dapc" } ] } ], "crossRefs": [ { "code": "3513.4", "title": "Drug And Alcohol Free Schools", "type": "AR" }, { "code": "3530", "title": "Risk Management/Insurance", "type": "AR" }, { "code": "3530", "title": "Risk Management/Insurance", "type": "AR" }, { "code": "3540", "title": "Transportation", "type": "AR" }, { "code": "3540", "title": "Transportation", "type": "AR" }, { "code": "3542", "title": "School Bus Drivers", "type": "AR" }, { "code": "3543", "title": "Transportation Safety And Emergencies", "type": "AR" }, { "code": "3580", "title": "District Records", "type": "AR" }, { "code": "3580", "title": "District Records", "type": "AR" }, { "code": "4020", "title": "Drug And Alcohol-Free Workplace", "type": "AR" }, { "code": "4112.9", "title": "Employee Notifications", "type": "AR" }, { "code": "4112.9", "title": "Employee Notifications", "type": "AR" }, { "code": "4118", "title": "Dismissal/Suspension/Disciplinary Action", "type": "AR" }, { "code": "4118", "title": "Dismissal/Suspension/Disciplinary Action", "type": "AR" }, { "code": "4119.21", "title": "Professional Standards", "type": "AR" }, { "code": "4119.21-E PDF(1)", "title": "Professional Standards", "type": "AR" }, { "code": "4159", "title": "Employee Assistance Programs", "type": "AR" }, { "code": "4161", "title": "Leaves", "type": "AR" }, { "code": "4161.8", "title": "Family Care And Medical Leave", "type": "AR" }, { "code": "4212.41", "title": "Employee Drug Testing", "type": "AR" }, { "code": "4212.9", "title": "Employee Notifications", "type": "AR" }, { "code": "4218", "title": "Dismissal/Suspension/Disciplinary Action", "type": "AR" }, { "code": "4218", "title": "Dismissal/Suspension/Disciplinary Action", "type": "AR" }, { "code": "4219.21", "title": "Professional Standards", "type": "AR" }, { "code": "4259", "title": "Employee Assistance Programs", "type": "AR" }, { "code": "4261", "title": "Leaves", "type": "AR" }, { "code": "4261.8", "title": "Family Care And Medical Leave", "type": "AR" }, { "code": "4312.41", "title": "Employee Drug Testing", "type": "AR" }, { "code": "4312.9", "title": "Employee Notifications", "type": "AR" }, { "code": "4319.21", "title": "Professional Standards", "type": "AR" }, { "code": "4359", "title": "Employee Assistance Programs", "type": "AR" }, { "code": "4361", "title": "Leaves", "type": "AR" }, { "code": "4361.8", "title": "Family Care And Medical Leave", "type": "AR" } ], "attachments": [] }