Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver’s license is required to operate the school vehicle and the school vehicle transports ten or more persons including the driver or the school vehicle weighs twenty-six thousand one pounds or more. For purposes of the drug and alcohol testing program, the term “employee” includes applicants who have been offered a position to operate a school vehicle.
The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion, post-accident, return-to-duty and follow-up drug and alcohol testing. Employees operating school vehicles shall not perform a safety-sensitive function within four hours of using alcohol. Employees governed by this policy shall be 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. Employees with questions about the drug and alcohol testing program may contact the school district contact person, Bookkeeper, at 890-2228.
It is the responsibility of the superintendent/designee to develop administrative regulations to implement this policy. The superintendent/designee shall also inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment, in the application form and personally at the first interview with the applicant.
The superintendent/designee shall also be responsible for publication and dissemination of this policy and it supporting administrative regulations to employees operating school vehicles. The superintendent shall also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.
Employees who violate the terms of this policy will be subject to discipline up to and including termination. Employees who violate this policy will be required to successfully participate in a substance abuse evaluation and, if recommended, a substance abuse treatment program. Employees required to participate in and who fail to or refuse to successfully participate in a substance evaluation or a recommended substance abuse treatment program will be subject to termination. A second violation of this policy will result in termination.
This policy and the accompanying administrative regulations require the school district to designate a school district contact person for the drug and alcohol testing program. The title of the person designated should be entered in paragraph two. This person will answer questions from employees and others about the program, receive the test results and receive the identification numbers of the drivers who were selected for random testing and notify those drivers. If different persons will be doing these jobs, the policy and accompanying regulations must clearly explain which person handles which part of the drug and alcohol testing program.
Iowa law also requires the school district to provide substance abuse evaluation and treatment if recommended by the substance abuse professional with the costs apportioned according to the employee benefit plan. If there is no benefit plan, then the school district must pay the costs of the evaluation and treatment, if any. Employee shall utilize nearest qualified available facility.
The use of leave for the time the driver is off duty for evaluation by a substance abuse professional may be governed by the collective bargaining agreement language and/or past practice of the school district. It is recommended school districts consult with their school attorney prior to making a decision regarding questions they may have about the collective bargaining agreement.
Under Iowa law, the school district must inform applicants/drivers of the requirement for drug and alcohol testing in any notice or advertisement soliciting applicants/drivers for employment, in the application form and personally at the first interview with the applicant/driver.
Legal Reference: Omnibus Transportation Employee Testing Act of 1991
42 U.S.C. §§12101 et seq (Supp. 1990)
41 U.S.C. §§701-707 (1988)
49 C.F.R. Pt. 40; 382; 391.81-123 (1994)
34 C.F.R. Pt. 85 (1993)
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; 730.5 (1993)
Cross Reference: 403.6 Substance-Free Workplace
409.2 Licensed Employee Personal Illness Leave
414.2 Classified Employee Personal Illness Leave
Approved: 12-11-95
Reviewed: 9-12-22
Revised: 8-09-99, 6-10-02
