5202 Procedure – Federal Motor Carrier Safety Administration Mandated Drug and Alcohol Testing Program

District employees who operate commercial motor vehicles (CMVs) and are required to hold a commercial driver’s license (CDL) in connection with their district job duties (“drivers”) are subject to the district’s mandated drug and alcohol testing program as set forth in administrative policy 5202 and these procedures. These procedures are intended to meet the requirements of federal law, including regulations issued by the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA). They supplement, but do not displace, the district’s Drug-Free Workplace policy 5258.

The district’s Human Resources Department is responsible for the administration and implementation of these procedures. Drivers with questions about this procedure should contact Assistant Superintendent of Human Resources or designee.

I.         COMPLIANCE WITH FEDERAL REGULATIONS

These procedures shall be interpreted and administered in accordance with the requirements and definitions set forth in DOT and FMCSA regulations on alcohol and controlled substances testing of employees who operate commercial motor vehicles, including any amendments to those regulations. Those regulations are subject to change at any time without prior notice to drivers or other district employees. If these procedures conflict with DOT and/or FMCSA regulations, the DOT and FMCSA regulations will control.

II.        COVERED “DRIVERS”

  1. Employees in the following positions are “drivers” subject to these procedures:

a. Bus Driver

b. Relief Driver

c. Utility Driver

d. Driver/Trainer

e. Mechanics

f. Shop Foreman

g. Service Specialist

h. Dispatcher

i. Transportation Director

j. Transportation Operations Supervisor

k. Maintenance Specialist: Equipment Operator

l. Any other employee whose job duties require operation of a commercial motor vehicle.

2. All covered drivers will be provided with a copy of this procedure and its accompanying policy regarding testing procedures. Covered drivers must sign a statement certifying that he/she has received a copy of this policy and procedure. The district may also distribute additional materials to educate drivers on the effects of alcohol and drug use and the prohibitions set forth in this policy/procedure.

 

III.      PROHIBITED CONDUCT

  1. The following conduct is strictly prohibited for drivers:
  2. Reporting for duty or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater.
  3. Being on duty or operating a commercial motor vehicle while in possession of alcohol or controlled substances in any amount.
  4. Consuming alcohol while performing safety-sensitive functions.
  5. Consuming alcohol within four (4) hours prior to reporting for duty to perform safety-sensitive functions.
  6. Consuming alcohol within eight (8) hours following an accident or prior to undergoing a post-accident alcohol test, whichever occurs first.
  7. Refusing to submit to a post-accident, random, reasonable suspicion, or follow-up test for alcohol or controlled substances as required by these procedures or by FMCSA regulations.
  8. Reporting for duty or remaining on duty requiring the performance of safety-sensitive functions when using any controlled substance, except when instructed by a prescribing authority who has advised the driver and the district in writing that the substance does not adversely affect the driver’s ability to safely operate a vehicle. Drivers are required to inform the district of any therapeutic drug use.
  9. Reporting for duty, remaining on duty, or performing any safety-sensitive functions if the driver tests or would test positive for controlled substances.

IV. DEFINITIONS

Commercial Motor Vehicle (CMV) means a motor vehicle that: (a) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; (b) has a gross vehicle weight rating of 26,001 or more pounds; or (c) is designed to transport 16 or more passengers, including the driver.

Controlled Substance prohibitions contained in these procedures apply to all controlled substances as defined by federal law, but controlled substances testing is limited to marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP).

Driver means any person who operates a CMV as part of his/her job duties for the district.  For purposes of pre-employment/pre-duty testing, the term also includes a prospective employee for a position that involves operation of a CMV.

Medical Review Officer (MRO) is a licensed physician responsible for receiving, interpreting, and evaluating laboratory results generated by the district’s drug testing program, together with medical history and any other relevant biomedical information.

“Refuse to Submit” (to an alcohol or controlled substances test) means that a driver:

  1. fails to appear for any test within a reasonable time after being directed to do so by the district;
  2. Fails to remain at the testing site until the test is complete;
  3. Fails to provide a breath or urine test sample, when such failure is not attributable to a genuine inability to provide a specimen;
  4. Engages in conduct that clearly obstructs the testing process; or
  5. Is reported by the MRO as having an adulterated or substituted test result.

“Safety-Sensitive Function” means all time from the time a driver begins work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Such functions include:

  1. Driving or operating a CMV;
  2. Waiting to be dispatched;
  3. Inspecting, servicing, or conditioning a CMV;
  4. Repairing, obtaining assistance for, or remaining in attendance with a disabled CMV; or
  5. Supervising or participating in loading or unloading a CMV.

Substance Abuse Professional (SAP) means a person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing and aftercare

 

V.        TESTING REQUIREMENTS

Drivers are subject to pre-employment, random, post-accident, reasonable suspicion, return-to-duty, and follow-up testing for alcohol and controlled substances as follows:

        1.      Pre-employment Testing

a. Controlled substances testing is required prior to the first time a driver performs a safety-sensitive function for the district. Both prospective employees who have been offered employment in positions involving the operation of CMVs and current employees reassigned to such positions are subject to pre-employment testing.  Employment or reassignment offers for driver positions will be conditioned on a verified negative controlled substances test.

b. The district may dispense with pre-employment controlled substances testing in cases where the applicant has undergone drug testing for another employer or prospective employer within the last thirty (30) days, subject to strict compliance with FMCSA regulations on such exceptions.

c. The district must obtain and review information on prior FMCSA-mandated alcohol and controlled substances testing from any employer for which the driver performed safety-sensitive functions in the previous two (2) years. Information concerning verified positive controlled substance tests, alcohol tests with results of 0.04 or higher, and refusals to test must be obtained and reviewed no later than fourteen (14) days after the first time a driver performs safety-sensitive functions.  Prospective drivers are required, as a condition of employment, to provide the district with a release for such information.

 

           2.      Random Testing

a. The district will conduct random alcohol testing at an annual rate at least equal to 10% of the number of district driver positions. The district will conduct random controlled substances testing at an annual rate at least equal to 50% of the number of driver positions.  Random testing rates are subject to change by the FMCSA.

b. Drivers will be randomly selected so that each driver will have an equal chance of being tested each time selections are made. Random tests shall be unannounced and spread reasonably throughout the calendar year.

c. Drivers selected for random testing must proceed immediately to the testing site upon notification of being selected. If the driver is performing a safety-sensitive function, he or she must cease performing the function and proceed to testing as soon as possible.

d. Drivers will be randomly tested for alcohol only while they are performing safety-sensitive functions, immediately prior to performing safety-sensitive functions or immediately after performing safety-sensitive functions.

e. In the event a driver who is selected for a random alcohol and/or controlled substances test is absent, the district may select another driver for testing or keep the original selection confidential and administer the test upon the driver’s return, if the driver is expected to be available for testing during the current designated testing period.

 

            3.      Reasonable Suspicion Testing

a. A driver must submit to an alcohol or controlled substances test when the district reasonably suspects that the driver has violated alcohol or controlled substances prohibitions.

b. The reasonable suspicion determination must be made by a trained supervisor or district administrator, and the determination must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. For the purpose of controlled substance testing, this may include indications of the chronic and withdrawal effects of controlled substances.

c. A written record shall be made of the observations leading to a reasonable suspicion test and signed by the supervisor or district administrator who made the observations. Such record shall be made within twenty-four (24) hours of the observations or before the results of the test are released, whichever is earlier.

d. Drivers will be directed to undergo reasonable suspicion testing for alcohol only while performing safety-sensitive functions, immediately prior to performing safety sensitive functions, or immediately after performing safety sensitive functions.

e. An alcohol test shall be administered as soon as practicable following the observations, and the district shall cease attempts to test if it is not administered within eight (8) hours.

f. No driver shall, under any circumstances, be permitted to perform safety-sensitive functions after a determination that there is reasonable suspicion he or she is under the influence of alcohol or controlled substances. A driver reasonably suspected of being under the influence of alcohol or controlled substances shall not perform safety-sensitive functions until either, as appropriate, an alcohol test is administered and the driver’s concentration measures less than 0.02 or twenty-four (24) hours have elapsed since the determination of reasonable suspicion or until a negative controlled substances test is verified.

 

          4. Post-Accident Testing

a. As soon as practicable following an accident involving a CMV, the district shall test each driver who was performing safety sensitive functions with respect to the vehicle at the time of the accident for alcohol and controlled substances, (a) if the accident involves the loss of human life, or (b) if the driver receives a traffic citation (within 8 hours for the purpose of alcohol testing and 32 hours for the purpose of controlled substance testing) and the accident involved bodily injury or disabling damage to a CMV. All such post-accident testing will be administered in accordance with 49 C.F.R. § 382.303.

b. Immediately following an accident, the driver must contact his/her supervisor or a district representative. The driver must remain available for testing, otherwise the district may consider the driver to have refused to submit to testing. This requirement should not be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or from obtaining necessary emergency medical care.

c. Alcohol and controlled substances testing should be conducted as soon as practicable following the accident. If an alcohol test is not administered within eight (8) hours following the accident or a controlled substances test is not administered within thirty-two (32) hours following an accident, the district shall cease attempts to administer the test.

d. The results of a breath or blood test for the use of alcohol or of a urine test for the use of controlled substances conducted by federal, state, and/or local officials having independent authority to conduct the test shall be considered to meet the requirements of this procedure if the results are released to the district.

 

         5. Return-to-Duty and Follow-up Testing

a. This section does not create a right for a driver who has violated this policy and/or procedure to return to his/her job duties. Depending on the facts and circumstances of the particular case, an employee who has violated this policy and/or procedure may or may not be returned duty.

b. If the district continues to employ a driver who has tested positive for alcohol or controlled substances or has otherwise violated Policy 5259, this procedure or the DOT and FMCSA regulations, the driver will be subject to return-to-duty testing before he or she can again perform safety-sensitive functions. In appropriate cases, the driver may also be subject to follow-up testing.

c. Return-to-duty and follow-up testing shall be conducted in accordance with DOT regulations (49 C.F.R. Part 40, Subpart O).

(1) Return-to-duty testing

(a) After engaging in prohibited conduct involving alcohol, the driver shall undergo a return-to-duty alcohol test indicating a breath alcohol concentration of less than 0.02 before returning to duty requiring the performance of a safety-sensitive function.

After engaging in prohibited conduct regarding controlled substances, the driver shall undergo a return-to-duty controlled substances test with a verified negative result before returning to duty requiring the performance of a safety-sensitive function.

The driver must also be evaluated by a substance abuse professional (SAP) and participate in any assistance program prescribed. The district must obtain a written assurance from the SAP that the employee has been evaluated and has complied with any prescribed rehabilitation.

(2) Follow-up testing

(a) Following a determination by an SAP that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the district shall ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substances testing as directed by the SAP. At least six (6) tests shall be conducted during the first twelve (12) months following the driver’s return to duty.

(b) Follow-up alcohol testing shall be conducted only when the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing safety-sensitive functions.

VI.       SPECIMEN COLLECTION & ANALYSIS

Specimen collection, laboratory analysis, MRO review, and related procedural aspects of alcohol and controlled substance tests shall be managed in accordance with the DOT requirements set forth in 49 C.F.R. Part 40.

VII.     CONSEQUENCES FOR VIOLATIONS

  1. Drivers who violate the prohibitions of policy 5259 will be removed immediately from performing safety-sensitive functions. Such drivers may be returned to duty performing safety-sensitive functions only following evaluation by an SAP and in compliance with all return-to-duty and follow-up testing requirements.
  2. If the results of a driver’s alcohol testing indicate a blood alcohol concentration of 0.02 or greater but less than 0.04, the driver will not be permitted to perform safety-sensitive functions until the start of the driver’s next regularly scheduled duty period, but not less than twenty-four (24) hours following the administration of the test. Drivers with alcohol test results of 0.02 or higher but less than 0.04 will be removed from duty until they can once again perform safety-sensitive functions.
  3. Applicants for driver positions who test positive for controlled substances or who refuse to submit to testing will not be employed in such positions.
  4. Drivers who violate the prohibitions of policy 5259 or this procedure or who test positive for alcohol or controlled substances are subject to disciplinary action up to and including termination without prior warning.

VIII.    REFERRAL, EVALUATION, AND TREATMENT

The district will provide drivers who violate the prohibitions of Section II with information about resources available to the driver for evaluating and resolving problems associated with the misuse of alcohol and the use of controlled substances.

IX.       TEST COSTS AND COMPENSATION

  1. The district will pay for and will compensate drivers for their time and mileage for the following alcohol and/or initial controlled substances tests: random, reasonable suspicion, and post-accident.
  2. Drivers will be responsible for taking the following alcohol and/or controlled substances tests on their own time and at their own cost: pre-employment (unless a current employee is being involuntarily transferred to a driver position), return-to duty, and optional tests of split samples.
  3. SAP services shall be delivered at no cost to the employee through the district’s Employee Assistance Program (EAP). Costs for any treatment programs and follow up testing shall be the driver’s responsibility.

X.       RECORDS RETENTION AND CONFIDENTIALITY

Records collected under this policy will be secured, reported, and retained with controlled access for the time periods established by DOT and FMCSA regulations (49 C.F.R. §§ 382.401-.413).

Adopted: 03/06/09
Revised: 1/24/17