| Drug- and Alcohol-Free Workplace Policy for Employees Performing Safety Sensitive Functions and Holders of Commercial Drivers Licenses |
Employees Performing Safety-Sensitive Functions Holders of Commercial Drivers License
The School District of Palm Beach County hereby affirms its commitment to maintaining a drug- and alcohol-free workplace.
This Policy shall apply to all District employees, job applicants and volunteers who are required by their job descriptions to perform safety sensitive functions and are required to maintain a valid (Florida) Commercial Drivers License ("CDL").
This Policy implements the Omnibus Transportation Employee Testing Act (OTETA), Pub. L. 102-143, codified at 49 U.S.C. § 701, et seq.
Through the establishment of a standard drug and alcohol testing program, all employees performing safety sensitive functions and holding commercial drivers licenses shall be subject to drug and alcohol testing as described in this policy.
A drug- and alcohol-free awareness program is hereby established and will be implemented by the Superintendent. Before testing is initiated under this policy, each current employee will be provided a copy of the "Notice of Drug-Free Workplace" attached to and incorporated by reference into this policy. All job applicants will be provided a copy of the notice with a conditional offer of employment and all volunteers will be provided a copy of the notice before any volunteer activities are performed. Each employee will sign an acknowledgment of receipt and understanding of the Drug-Free Workplace policy and that acknowledgment will be retained in the employee’s personnel file. Copies of the Notice shall also be posted in prominent locations in District buildings.
Off-the-job use or involvement with illegal drugs, alcohol, or other controlled substances is prohibited when the use or involvement: results in impaired work performance including, but not limited to, absenteeism, tardiness or poor work product(s); or can be expected to cause harm to, or otherwise adversely affect, the employee or District’s image or relationship with students, other employees, or the public.
Reporting for duty or remaining on duty under the influence of alcohol or a controlled substance is prohibited, except when the use of a controlled substance is pursuant to prescribed instructions of a licensed medical practitioner who has advised the individual that the substance will not adversely affect the individual’s ability to safely perform all assigned duties.
Prohibited under this policy are the unlawful manufacture, distribution, dispensation, possession, or use of alcohol or controlled substances, as defined by Chapter 893, Fla. Stat., on District property or while on duty.
Through implementation of this Policy, the Board intends to comply with and be subject to current and future requirements set forth in the OTETA and regulations of the Federal Highway Administration (FHWA) contained in Title 49 of the Code of Federal Regulations (C.F.R.), parts 40 and 382. The policies and procedures contained in this policy are separate from all tests and procedures contained in policy 3.96 addressing Drug and Alcohol Free Workplace. Under federal regulations in 49 C.F.R. part 40, drug and alcohol tests for purposes of Department of Transportation policies "must be completely separate from non-DOT tests in all respects."
Definitions.-- For the purpose of this Policy, the following terms shall be defined as indicated:
Alcohol.-- Any beverage, prescription, over-the-counter medication, or other product containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol, and isopropanol.
Alcohol Use.-- The drinking or swallowing of any beverage, liquid mixture, or preparation (including any medication) containing alcohol.
Alcohol Concentration (or content).-- The alcohol level in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by a breath test required by this policy. Breath tests will be used for both initial and confirmation testing for alcohol content under this policy.
Chain of Custody.-- The procedure used to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition for all specimens by an appropriate drug testing custody form that documents custody of the specimen from collection to receipt by the laboratory and handling of the sample or sample aliquots (a portion of a specimen used for testing) within the laboratory.
Confirmation Test, Confirmed Test, or Confirmed Drug Test.-- A second analytical procedure used to confirm the presence of a specified drug or metabolite in a specimen through a different technique and chemical principle from that of the screen test to ensure specificity, sensitivity, reliability, and quantitative accuracy. Gas chromatography/mass spectrometry ("GC/MS") is the only authorized confirmation test for cocaine, marijuana, opiates, amphetamines, and phencyclidine.
Confirmation Test for Alcohol.-- A second test (following a screening test with a result of two one-hundredths BAL (.02) or greater) that provides specific quantitative data for alcohol, conducted by a certified operator of an evidential breath testing (EBT) device.
Covered Employees/Covered Position.-- Employees or positions that require a commercial drivers’ license as a condition of employment and operation of any of the following:
A vehicle designed to carry 16 or more passengers;
A vehicle that weighs more than 26,000 pounds; or
A vehicle that carries hazardous cargo or a placard indicating hazardous cargo.
Drug Rehabilitation Program.-- A service vendor that provides confidential, timely, and expert identification, assessment, and resolution of employee drug abuse through the District’s Employee Assistance Program ("EAP").
Drug Test.-- Any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites. The District shall pay for all drug tests, initial and confirmation, that it requires of employees. Employees must pay for any additional tests not required by the District. A urine sample will be used for the initial and confirmation tests for all drugs and substances except alcohol.
Drugs (hereinafter, Drugs or Controlled Substance(s)).-- Alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencylidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of these substances.
Employee.-- The term "employee" means any person who works for the District for salary, wages, or other remuneration. As used in this policy, "employee" also means applicants for employment and volunteers, unless otherwise stated.
Employee Assistance Program ("EAP").-- An established program capable of providing expert assessment of employee personal concerns; confidential and timely identification services for employee drug or alcohol abuse; referrals of employees for appropriate diagnosis, treatment, and assistance; and follow-up services for employees who participate in the program or require monitoring after returning to work.
First Offense.-- An initial violation of the drug and alcohol-free workplace Policy whether it involves drugs or alcohol.
Medical Review Officer ("MRO").-- A licensed physician responsible for receiving laboratory results generated by the District’s drug testing program who has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody collection procedures; who verifies positive, confirmed test results; and who has the necessary medical training to interpret and evaluate an employee’s positive test result in relation to the employee’s medical history or any other relevant biomedical information.
Positive Breath Test.-- A concentration of two one-hundredths (0.02) alcohol content or above.
Safety Sensitive Function(s).-- The term "safety sensitive function" means all time from the time a covered employee begins work or is required to be in readiness to work until the time relieved from work and responsibility for performing work. An individual is considered to be performing a safety sensitive function during any period in which he/she is actually performing, ready to perform, or immediately available to perform any safety sensitive function. Safety sensitive functions include:
All time waiting at an employer or shipper, plant, terminal, facility, or other property, to be dispatched unless the covered employee has been relieved from duty by the District;
All time inspecting equipment or otherwise inspecting, servicing or conditioning any commercial vehicle at any time;
All time spent at the driving controls of a commercial motor vehicle;
All time other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeping berth;
All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle or in giving or receiving receipts for shipments loaded or unloaded; and
All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial vehicle.
Screening Test (also known as Initial Test).-- In alcohol testing, an analytical procedure to determine whether an employee, job applicant, or volunteer may have a prohibited concentration of alcohol in his/her system. In controlled substance testing, an immunoassay screen to eliminate "negative" urine specimens from further consideration.
Second Offense.-- Constitutes any violation of the drug and alcohol-free workplace Policy following the initial violation, whether either violation involves drugs or alcohol.
Specimen.-- Tissue, hair, or product of the body capable of revealing the presence of drugs or their metabolites.
Substance Abuse Professional ("SAP").-- A person with knowledge of and clinical experience in the diagnosis and treatment of alcohol/controlled substance related disorders who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.
Volunteer (hereinafter, Volunteer or Employee).-- An individual who offers services to the District without remuneration.
Prohibited Conduct.-- The following types of conduct are expressly prohibited by a covered employee:
Off-the-Job.-- Use or involvement with illegal drugs, alcohol, or other controlled substances that results in impaired work performance including, but not limited to, absenteeism, tardiness or poor work product(s), or which can be expected to cause harm to or otherwise adversely affect the employee or the District’s image or relationship with students, other employees, or the public.
Alcohol Concentration.-- No covered employee shall report for duty or remain on duty while having an alcohol concentration of two one-hundredths (.02) or greater. No covered employee with an alcohol concentration of two one-hundredths (.02) or greater can drive a commercial motor vehicle.
Alcohol Use/Misuse in General.-- No covered employee shall report for duty or remain on duty requiring the performance of his/her duties while the covered employee is under the influence of or impaired by alcohol, as shown by the behavioral, speech and performance indicators of alcohol misuse.
On-Duty Use.-- No employee shall report for duty or remain on duty requiring the performance of safety sensitive functions within four hours after using alcohol or while the employee is under the influence of or impaired by drugs or alcohol, as shown by the behavioral, speech, and performance indications of drug or alcohol misuse. As a condition of employment, employees are required to remain away from the place of duty and off District property while under the influence of drugs or alcohol. Covered employees will notify their supervisors of any prescription, therapeutic drug use that might impair performance of safety sensitive functions.
Use Following an Accident.-- No covered employee involved in an accident shall use alcohol for eight (8) hours following an accident, or until undergoing a post-accident alcohol test, whichever occurs first.
Refusal to Submit to a Required Alcohol or Controlled Substances Test.-- No covered employee shall refuse to submit to a post-accident alcohol or controlled substances test, a reasonable suspicion alcohol or controlled substances test, a fitness for duty alcohol or controlled substances test, or a follow-up alcohol or controlled substances test. Failure to complete and sign testing form(s), to provide an adequate specimen, or otherwise to cooperate with the testing process in a way that prevents the completion of the test shall be considered a refusal to test and shall be deemed a positive test result. Any attempt to adulterate a specimen or provide a specimen that is adulterated shall also be considered a refusal to test and deemed a positive test result. Any obstruction to and lack of cooperation with the testing process shall be considered a refusal to test and deemed a positive test result.
Controlled Substances Use.-- No covered employee shall report for duty or remain on duty while under the influence of any controlled substance, except when the use is pursuant to instructions of a licensed medical practitioner, who has advised the individual that the substance will not adversely affect the individual’s ability to safely perform work duties.
Controlled Substances Testing.-- No covered employee shall report for duty or remain on duty after testing positive for controlled substances; the employee shall be placed in an unpaid, non-duty status, or on annual or sick leave, at the employee’s option (unless the employee is incarcerated, in which case annual or sick leave is not an option).
Verification of Records of Past Employers.-- The District is required to inquire about drug and alcohol test results of covered employees hired after January 1, 1995, from previous regulated employers. The District is mandated to:
Inquire, pursuant to the covered employee’s written consent, and obtain information generated within the preceding two (2) years on the driver’s alcohol tests with an alcohol concentration of four one-hundredths (0.04) or greater, verified positive controlled substance test results, and refusals to be tested.
If feasible, the District must obtain and review the information before the first time the individual performs duties for the District. If that is not feasible, the District must obtain and review the information as soon as possible, but not later than fourteen (14) calendar days after the first time a covered employee performs duties for the District.
After fourteen (14) days has passed without receipt of this information, the District may not permit a covered employee to perform duties, provided the District has tried in good faith effort to obtain the necessary information as soon as possible.
Even if the covered employee hired by the District ceases to perform duties, either before expiration of the fourteen (14) day period or before the District has obtained the information, the District must still try in good faith to obtain the information.
Provide to each of the covered employee’s employers within the preceding two (2) years the individual’s specific written authorization to release this information to the District.
Maintain a written, confidential record of each past employer contacted. Even if efforts to obtain the necessary information prove futile, the District must make and retain a record of its good faith efforts.
Prohibit the covered employee from performing duties if the employer obtains information that the individual has either refused to take a controlled substances and/or alcohol test, had a positive controlled substances test, or an alcohol test result of two one-hundredths (0.04) or greater without first obtaining information on subsequent compliance with the referral and rehabilitation requirements.
Referral for Testing.-- Appropriate notification and testing forms will be provided to employees, volunteers, and job applicants before drug testing.
Voluntary Self-Referral/Rehabilitation.-- At any time before notification of a required test, an employee is encouraged to contact the District’s EAP for voluntary treatment of a drug or alcohol problem. Such employees may be required to submit to compliance testing as part of the treatment program. Voluntary self-referral made at the time of notification shall not excuse an employee from required drug and/or alcohol testing, nor shall it negate a positive result from such test. An employee will not be subject to discharge or disciplinary action solely based on voluntary self-referral for treatment.
Required Testing.-- Before performing an alcohol or controlled substances test under this Policy, the District shall notify the covered employee that the test is being administered pursuant to OTETA and the regulations of the FHWA. The District shall not falsely represent that a test is being administered under this Policy. The District shall provide educational materials to all covered employees before the start of alcohol and controlled substances testing under 49 Code of Federal Regulations Parts 40 and 382. A notice of the requirements for drug and alcohol testing will be included in the vacancy announcements for all covered positions. The District shall also provide written notice to representatives of employee organizations of the availability of the information contained in this Policy.
Pre-employment Testing.-- All applicants for employment in any covered position safety-sensitive position requiring a CDL license shall undergo drug and alcohol testing as a condition precedent to employment, except as otherwise specified by Title 40, Code of Federal Regulations, § 382.301(c). Any applicant who tests positive in the pre-employment screening for a drug as defined in this policy is not eligible for employment with the District.
Reasonable Suspicion Testing
All employees who are determined to be under reasonable suspicion of drug and/or alcohol use are required to take a drug and alcohol test. Reasonable suspicion shall be determined by a supervisor at least one level above the employee to be tested. The circumstances supporting that determination must be drawn from specific objective and articulable facts that shall be documented in writing. Reasonable suspicion may include, but is not necessarily limited to, the following examples:
Observable phenomena while at work, such as direct observation of alcohol or drug use or of the physical symptoms or manifestations of being under the influence of alcohol or a drug. Physical symptoms or manifestations include, but are not limited to, slurred speech, alcohol odor on breath, unsteady walking and movement, poor coordination and/or reflexes, glassy or bloodshot eyes, physical altercations, verbal altercations, or unusual behavior.
Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.
A report of alcohol or drug use by a reliable and credible source.
Evidence that an individual has tampered with a drug test during the term of employment.
Information that an employee has caused, or contributed to, an accident while at work.
Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer’s premises or while operating the employer’s vehicle, machinery, or equipment.
Where testing is based on reasonable suspicion, the supervisor will detail in writing the circumstances that formed the basis of the reasonable suspicion determination. A copy of this written description shall be given to the employee upon request and the original documentation shall be kept confidential and exempt from the provisions of § 119.07(1), Fla. Stat., as provided in § 440.102 (8), Fla. Stat., and retained for at least one year.
Reasonable suspicion post-accident testing will be done on all employees who are involved as a driver in any vehicular accident while performing their duties as soon as practicable under the following circumstances:
On a surviving employee when an accident results in loss of human life. The employee need not have been cited for a moving traffic violation or deemed at fault to be subject to testing under this paragraph.
When a covered employee receives a citation for a moving violation(s) and one (1) or more of the vehicles involved in the accident is towed from the scene of the accident; or
A covered employee receives a citation for a moving violation(s) and one (1) or more persons involved in the accident received medical treatment away from the scene of the accident.
A covered employee who is subject to reasonable suspicion post-accident testing shall remain readily available for such testing. Failure or refusal to be available for testing may be deemed by the District as a refusal to submit to testing. A covered employee who refuses to submit to a post-accident drug test forfeits eligibility for employee medical and indemnity benefits. This provision shall not be construed as requiring the delay of necessary medical attention for injured persons following an accident or impeding an employee from leaving the scene of an accident to obtain necessary assistance in responding to the accident or to obtain necessary emergency care.
If alcohol testing is not administered within eight (8) hours following an accident, the District may not conduct alcohol testing based on the accident provision. Likewise, if controlled substance testing is not administered within thirty-two (32) hours following the accident, the District may not conduct controlled substance testing based on the accident provision. The District is required to document those instances when testing is not timely conducted according to the time frames noted above.
Following an accident, the District will provide the employee transportation to a testing facility by a person designated for that purpose. After testing, the employee will be transported to the place of residence.
A covered employee pending results of post-accident drug test shall be placed in a non-duty status and required to use annual or advanced leave. If an alcohol test yield a result of less than two one-hundredths (0.02) BAL and a controlled substances test yields a negative result, the District will restore the leave hours taken.
Notwithstanding the absence of a reasonable suspicion alcohol test under this section, the District shall not permit a covered employee involved in an accident described above to perform or continue to perform safety sensitive duties until:
An alcohol test is administered and the employee’s alcohol concentration measures less than two one-hundredths (0.02) BAL; or
Twenty-four (24) hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated the prohibitions of this Policy concerning the use of alcohol.
Random Testing
Every covered employee shall submit to random, unannounced drug testing, as per 49 C.F.R. § 382.305. The dates for administering the tests will be spread reasonably throughout the calendar year. Upon being notified of selection for random testing, the covered employee shall immediately report to the designated collection site.
The District shall select covered employees for random alcohol and controlled substances testing by means of a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with the covered employee’s Social Security numbers, payroll identification numbers, or other comparable identifying numbers. Under the selection process used, each covered employee shall have an equal chance of being tested each time random selections are made. A minimum of 10% of all covered employees will be annually tested randomly for alcohol; a minimum of 50% of all covered employees will be tested annually at random for controlled substances. The testing percentage will be adjusted as required by the Administrator of the Federal Motor Carrier Safety Administration.
For random alcohol testing only, a covered employee shall only be subject to such testing while the individual is performing safety sensitive functions, just before the covered employee is to perform safety sensitive functions, or just after the covered employee has ceased performing such functions.
Return-to-Duty Testing.-- A covered employee who previously tested positive and was not dismissed shall not be returned to duty until the individual undergoes a subsequent controlled substances test indicating a verified negative result and/or subsequent alcohol test indicating a BAC of less than two one-hundredths (0.02). The employee may be required to pay for the return-to-duty test.
Follow-Up Testing.-- All employees who are allowed to return to duty after successfully completing a return-to-duty test, including those have successfully completed an employee assistance program or a drug or alcohol rehabilitation program and returned to duty, must submit to unannounced follow-up drug and alcohol after return to duty. Follow-up testing shall be conducted only when the covered employee is performing duties, just before the covered employee is to perform duties, or just after the covered employee has ceased performing duties.
General Procedures after Positive Random Testing.-- The following general procedures apply to covered employees who have tested positive for drugs or alcohol during random testing. (Disciplinary consequences and more specific procedures follow in Section 9, below).
A covered employee will not be permitted to perform safety sensitive functions until the covered employee has:
Been advised of the availability of and provided with the names, addresses, and telephone numbers of SAPs and counseling and treatment programs; and
Been evaluated by a SAP who shall determine what assistance, if any, the individual needs to resolve problems associated with alcohol misuse and controlled substance use; and
Successfully completed the SAP-recommended treatment program and completed a return-to-duty alcohol test (with a result indicating an alcohol concentration of less than two one-hundredths (0.02) if the conduct involved alcohol) or a controlled substances test with a verified negative result if the conduct involved a controlled substance.
The covered employee will be subject to follow-up testing as directed by the SAP, which at a minimum must consist of at least six (6) tests in the twelve (12) months following the covered employee’s return to duty. The District will direct the covered employee to undergo return-to-duty and follow-up testing for both alcohol and controlled substances, if the SAP determines that return-to-duty and follow-up testing for both alcohol and controlled substances is necessary for that particular individual.
Disciplinary Action.-- Employees who violate this Policy will be subject to disciplinary action, up to and including termination of employment. The consequences for a positive drug or controlled substances test shall begin with the employee’s immediate removal from safety-sensitive duties. No covered employee shall report for duty or remain on duty while the employee is under the influence of, or impaired by, drugs or alcohol.
Testing positive for drugs or alcohol during a reasonable suspicion test is a terminable offense.
Testing positive for drugs or alcohol during a random test will be subject to the following:
Alcohol Use, BAC Less than 0.04.-- Alcohol content of two one-hundredths through thirty-nine one-thousandths (0.02 - 0.039)
The employee will be immediately removed from safety sensitive duties.
A covered employee may not function or continue to perform safety sensitive duties, including driving a commercial motor vehicle, until the start of the covered employee’s next regularly scheduled duty period, but not less than twenty-four (24) hours after the test is administered.
The covered employee shall be subject to disciplinary action, up to and including termination.
Alcohol Use, BAC 0.04 or More.-- Alcohol content of four one-hundredths (0.04) or greater
First Offense
The employee will be removed immediately from all duties.
An alcohol content of four one-hundredths (0.04) or greater is a terminable offense; however, a covered employee who wishes to continue employment with the District and has not otherwise engaged in conduct that could result in termination must successfully participate in a treatment or rehabilitation program as directed by an SAP through the District’s EAP, which will include unannounced follow-up testing as directed by the SAP. If the employee is unable to participate in outpatient rehabilitation, the employee may be placed on leave status while participating in an EAP or an alcohol and drug rehabilitation program. If placed on a leave-without-pay status, the employee shall be permitted to use any accumulated leave before being placed on leave without pay.
A covered employee who successfully completes a required EAP or an alcohol or drug rehabilitation program will be returned to duty in the same or an equivalent position. Before returning to duty, the covered employee must undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than two one-hundredths (0.02). The employee will also be subject to unannounced follow-up testing for a twenty-four (24) month period as directed by the SAP.
Refusal to participate in the EAP or the alcohol and drug rehabilitation or failure to successfully complete such program will result in termination of employment.
Failure or refusal to sign a written consent form allowing the District to obtain information regarding the progress and successful completion of an EAP or an alcohol and drug rehabilitation program will result in termination of employment.
Second Offense
A second positive test with an alcohol content of four one-hundredths (.04) or greater on an alcohol test will result in termination of employment.
The individual shall be ineligible for future employment in any capacity with the District.
Refusal to submit to an alcohol test will be deemed a positive test result of alcohol content of over four one-hundredths (0.04).
Controlled Substances Use
First Offense
The employee will be immediately removed from all duties.
A verified positive controlled substances test is a terminable offense; however, a covered employee who wishes to continue employment with the District and has not otherwise engaged in conduct that could result in termination must successfully participate in a treatment or rehabilitation program as directed by an SAP through the District’s EAP, which will include unannounced follow-up testing as directed by the SAP. If the employee is unable to participate in outpatient rehabilitation, the employee may be placed on leave status while participating in an EAP or an alcohol and drug rehabilitation program. If placed on a leave-without-pay status, the employee shall be permitted to use any accumulated leave before being placed on leave without pay.
A covered employee who successfully completes a required EAP or an alcohol or drug rehabilitation program will be returned to duty in the same or an equivalent position. Before returning to duty, a covered employee must undergo a return-to-duty controlled substance test with a negative result for all controlled substances. The employee will also be subject to unannounced follow-up testing for a twenty-four (24) month period.
Refusal to participate in the EAP or the alcohol and drug rehabilitation or failure to successfully complete such program will result in termination of employment.
Failure or refusal to sign a written consent form allowing the District to obtain information regarding the progress and successful completion of an EAP or an alcohol and drug rehabilitation program will result in termination of employment.
Second Offense
A second verified positive test will result in termination of employment.
The individual shall be ineligible for future employment in any capacity with the District.
Refusal to submit to a controlled substances test will be deemed a positive test result for controlled substances.
Refusal to Submit to Testing
No covered employee shall refuse to submit to a post-accident alcohol or controlled substances test; a random alcohol or controlled substances test; a reasonable suspicion alcohol or controlled substances test, or follow-up alcohol or controlled substances tests. Refusal to submit to testing includes obstruction to and lack of cooperation with the testing process.
Refusal to submit to required testing will result in immediate removal from safety-sensitive functions and disciplinary action up to and including termination.
Testing Procedures
Covered employees subject to testing for the presence of alcohol and controlled substances will be subject to the testing procedures detailed in Title 49, CFR, Parts 40 and 382, entitled Procedures for Transportation Workplace Drug Testing Programs.
The District will comply with all procedures specified by Title 49, CFR, Parts 40 and 382, to protect the covered employee and the integrity of the testing processes. In no event will any testing be conducted that might in any way endanger the life of the covered employee.
The District will comply with all procedures specified by Title 49, CFR, Parts 40 and 382, to safeguard the validity of the results and to ensure that those results are attributed to the correct covered employee, including post-accident information, procedures, and instructions.
Results Reporting
The MRO shall contact the tested covered employee directly, on a confidential basis, before verifying a positive test result.
The MRO shall allow the covered employee an opportunity to discuss the test result. If the MRO makes reasonable, documented efforts but is unable to reach the covered employee within five (5) working days of a verified positive result, the MRO shall inform the District’s designated representative, who shall then direct the tested covered employee to contact the MRO as soon as possible.
If, after making all reasonable efforts, the District’s designated representative is unable to contact the covered employee, the District may place the covered employee on temporary medically unqualified status or medical leave.
The MRO’s communication with the tested covered employee is important to verification of a positive test result; however, the MRO will verify a test result as positive to the District without having communicated directly with the covered employee in three (3) circumstances:
The tested covered employee declines the opportunity to discuss the test with the MRO;
Neither the MRO nor the District representative, after making all reasonable efforts, has been able to contact the individual within fourteen (14) days of the date on which the MRO receives the confirmed positive test result; or
The District representative has successfully made and documented a contact with the tested covered employee and instructed the covered employee to communicate with the MRO and more than five (5) days have passed since the date the covered employee was successfully contacted by the District.
Following the verification of a positive test result, the MRO shall refer the case to the District’s designated representative empowered to recommend or take administrative action.
After the MRO has verified a positive test result to the District, the tested covered employee may contact the MRO and present information documenting the reasons (serious illness, injury or other circumstances) that prevented the individual from communicating with either the MRO or the District representative. The MRO, may, upon review of the reasons, reopen the verification and allow the covered employee to present information concerning a legitimate explanation for the confirmed positive test. If the MRO concludes that there is a legitimate explanation, the MRO will declare the test to be negative.
The District shall provide upon request to the tested individual–covered employee, volunteer, or job applicant–a copy of the test results.
Challenges to Test Results
A positive test result does not automatically identify an employee as having used drugs in violation of this Policy; therefore, providing the MRO with detailed knowledge of possible alternative explanations is important to the review of results and is the responsibility of the employee/applicant/volunteer.
The MRO shall notify an employee whose test result has been confirmed as positive of the right to request an independent analysis within seventy-two (72) hours. If the employee requests the independent analysis within seventy-two (72) hours, the MRO shall take appropriate action to direct the analysis. Such independent analysis shall be conducted by "split specimen," at the employee’s expense, with sufficient specimen being retained for later verification testing.
If the employee fails to contact the MRO within seventy-two (72) hours but later contacts the MRO and presents information documenting the reasons (serious illness, injury, inability to contact the MRO, lack of actual notice of a verified positive test result or other circumstances) that prevented the employee from timely contacting the MRO, the MRO may conclude that there is a legitimate explanation for the employee’s failure to contact the MRO within seventy-two (72) hours and may direct the analysis of the split specimen.
The tested employee shall bear the expense of any employee-requested testing of a specimen.
All aspects of the testing process, including any challenge to the testing process, will be kept confidential except as stated below and as required by law.
Record Retention, Confidentiality and Disclosure Requirements
The District shall maintain records of its alcohol misuse and controlled substances use prevention program as provided for in accordance with Title 49 CFR, Parts 40 and 382. The records shall be maintained in a secure location with controlled access.
The District must maintain the following specific types of records and all other documents generated by the District in accordance with Title 49, CFR, Parts 40 and 382:
Records related to the collection process;
Records related to a covered employee’s test results, including refusals to be tested;
Records related to violations of these regulations;
Records related to evaluations by a SAP;
Records related to education and training, including the driver’s signed receipt of the educational materials; and
Administrative records related to alcohol and controlled substance testing.
The District will maintain the types of records described above separate from an applicant’s or covered employee’s personnel file.
Except as expressly required or authorized by law and this Policy, the District shall not release any information that is contained within these records.
An individual is entitled, upon written request, to obtain copies of personal records, including test results. The District shall promptly provide the records requested. The requesting person (current or formerly covered employee/ volunteer) is not required to pay for access to personal records, but may be required to reimburse the District for photocopies of the records.
These records of covered employees may be made available to a subsequent or prospective employer only upon receipt by the District of a written request from the former or current covered employee. Disclosure by the District will be limited to that expressly authorized by the requesting covered employee.
The District may disclose information pertaining to a covered employee to the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the covered employee and arising from alcohol and controlled substances testing or the District’s own determination that the covered employee engaged in prohibited conduct.
Required Training.--Any supervisor or other employee who is assigned the responsibility for making a reasonable suspicion determination shall complete a training program of at least sixty (60) minutes on alcohol misuse and sixty (60) minutes on controlled substance abuse.
District Designated Representative.-- The District designates the director of professional standards as the person to whom all covered employees should direct questions about this Policy.
Information Available.-- All covered employees are entitled to information concerning the effects of alcohol and controlled substances. The District shall make available information and may include prepared pamphlets. The District shall also make available information about its EAP.
Certificate of Receipt.-- A certificate of receipt will be used and shall have content substantially as follows:
CERTIFICATE OF RECEIPT
By signing this statement, I certify that I have received a copy of the Palm Beach County School Board Policy 3.961, Drug and Alcohol Policy for Employees Performing Safety Sensitive Functions and Holders of Commercial Drivers Licenses in accordance with the Omnibus Transportation Employee Testing Act ("OTETA") and the regulations of the Federal Highway Administration ("FHWA") contained in 49 CFR Parts 40 and 382. The Policy is separate from and in addition to any other District drug and/or alcohol testing policies.
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STATUTORY AUTHORITY: | §§ 1001.41(1), (2); 1001.43(11), Fla. Stat. |
LAWS IMPLEMENTED: | § 440.102, Fla. Stat; Omnibus Transportation Employee Testing Act of 1991, Pub. L. 102-143; 49 U.S.C. Chapter 53; Regulations of Federal Motor Carrier Safety Administration; Title 49 Code of Federal Regulations, Parts 40 and 382. |
HISTORY: | 4/19/2004 |