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2512 George Mason Drive • P.O. Box 6038 Virginia Beach, Virginia 23456-0038   757.263.1000 • 757.263.1240 TDD

Policies and Regulations

School Board of the City of Virginia Beach
Policy 4-22

PERSONNEL

Drug and Alcohol Testing of Motor Vehicle Operators

This policy is required by the Omnibus Transportation Employee Testing Act of 1991 and the regulations promulgated thereto. (49 C.F.R. Part 382) (the "federal regulations"). The division superintendent or designee shall implement this program beginning January 1, 1995.

A.  Applicability

This policy shall apply to every employee who operates a commercial motor vehicle and who is required by federal law to have a commercial driver's license.

B.  Definitions

1.  "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol, including methyl and isopropyl alcohol.

2.  "Alcohol use" means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.

3.  "Commercial motor vehicle" means a motor vehicle that has a gross vehicle weight rating of 26,001 or more pounds or is designed to transport 16 or more passengers, including the driver.

4.  "Driver" means any person who operates a commercial motor vehicle, including, but not limited to, full-time, part-time, casual, intermittent and occasional drivers and, for purposes of pre-employment/pre-duty testing, persons applying to be drivers.

5.  "Performing a safety-sensitive function" means a driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to per form any safety-sensitive function.

6.  "Safety-sensitive function" means any of those on-duty functions set forth in 49 C.F.R. §39.5.2 On-Duty Time, paragraphs 1-7, including, but not limited to, waiting to be dispatched; inspecting, servicing or conditioning a commercial motor vehicle; all driving time; all time in or upon any commercial motor vehicle; all time loading and unloading a vehicle; and all time repairing, obtaining assistance or remaining in attendance upon a disabled vehicle.

C.  Prohibitions

1.  Alcohol concentration: No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater or while under the influence of or impaired by alcohol.

2.  Alcohol possession: No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment.

3.  On-duty and pre-duty use: No driver shall use alcohol while performing safety-sensitive functions, or perform safety-sensitive functions within four (4) hours after using alcohol.

4.  Refusal to submit to tests: No driver shall refuse to submit to an alcohol or controlled substance test.

5.  Controlled substances use: No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive for controlled substances.

D.  Pre-Employment Testing

1.  Prior to the first time a driver performs safety-sensitive functions for the School Board, he/she shall undergo testing for alcohol and controlled substances. No driver will be permitted to perform a safety-sensitive function unless the alcohol test results are 0.04 or less and the controlled substances test is negative. A driver whose alcohol test results are between 0.02 and 0.04 cannot perform safety-sensitive functions until the next regularly scheduled duty period, but in no event less than 24 hours after the test.

2.  Alcohol and controlled substances tests may be waived by the School Board for employees who have previously undergone testing as provided in the federal regulations.

E.  Post-Accident Testing

1.  As soon as practical after an accident, the School Board will test for alcohol and controlled substances any driver (i) who receives a ticket arising from the accident or (ii) who was performing safety-sensitive functions wit h respect to the vehicle, if the accident involved the loss of life.

2.  A driver who is subject to post-accident testing shall remain readily available for such testing and shall not use alcohol for eight (8) hours after the accident or until he/she undergoes the alcohol test, whichever occurs first.

F.  Random Testing

All drivers shall be subject to unannounced random alcohol and controlled substances tests. A driver who is notified of selection for random testing must proceed to the test site immediately, unless the driver is performing a safety-sensitive function, in which case the driver shall proceed to the site as soon as possible after ceasing to perform the function.

G.  Reasonable Suspicion Testing

A driver shall be subject to alcohol or controlled substances testing when there is reasonable suspicion to believe the driver has violated the prohibitions in paragraphs C (1), (3), and (5) of this policy.

H.  Return-to-Duty Testing

Before a driver returns to duty requiring the performance of a safety sensitive function after violating paragraph C of this policy, the driver shall undergo an alcohol test with a result indicating an alcohol concentration of less than 0.02 or a controlled substances test with a negative result.

I.  Follow-up Testing

A driver who violates paragraph C of this policy and who is determined pursuant to this policy to be in need of assistance in resolving problems associated with alcohol misuse and for use of controlled substances shall be subject t o unannounced follow-up alcohol and controlled substances testing as directed by a substance abuse professional.

J.  Referral, Evaluation and Treatment

1.  A driver who violates paragraph C of this policy shall be advised of the resources available to him/her in evaluating and resolving problems associated with the misuse of alcohol and the use of controlled substances. A drive r identified as needing assistance in resolving such problems shall be evaluated by a substance abuse professional to determine that the driver has properly followed any prescribed rehabilitation program. The evaluation and rehabilitation shall be provided by substance abuse professionals approved by the School Board and paid for by the driver.

2.  The provisions of this paragraph shall not apply to applicants for driver positions who violate paragraph C of this policy. Such persons shall not be employed.

K.  Miscellaneous

1.  The Superintendent shall promulgate regulations setting forth the procedures of complying with this policy and the federal regulations and shall provide copies of this policy and the regulations to each employee subject to this policy.

2.  Each employee subject to this policy will sign a certificate of acceptance and consent to disclosure form acknowledging receipt of the policy and regulations and consenting to the disclosure by his/her former employer of information on the employee's alcohol tests with a concentration result of 0.04 or greater, positive controlled substances test results, and refusals to be tested, within the preceding two years.

3.  Nothing in this policy shall prohibit the dismissal or other disciplinary action against an employee pursuant to any other policy, regulation, ordinance or law. This policy is intended to supplement, and not supplant, any such other policy, regulation, ordinance or law.

4.This policy is being adopted pursuant to the requirements of the Act. It is not intended to permit, nor shall it be construed as permitting, any employee to come to work under the influence of drugs or alcohol, regardless of the level. Such employees will be subject to disciplinary action, including dismissal, pursuant to regulation 4-3.2, 4-27.1 and 4-27.2.

Legal Reference:

Omnibus Transportation Employee Testing Act of 1991 and its implementing regulations 49 C.F.R. Part 382.

 

Adopted by School Board:  December 6, 1994