The superintendent/designee will establish programs and procedures as mandated by and in accordance with Federal Motor Carrier Safety Administration (FMCSA) and U.S. Department of Transportation (DOT) controlled substances and alcohol testing rules.
- Prohibited Conduct – The following alcohol and controlled substance-related activities are prohibited by the district for employees who operate commercial motor vehicles (CMVs) and are required to possess a commercial driver’s license (CDL) as part of their job responsibilities (“drivers”):
a. Reporting for duty or remaining on duty to perform safety-sensitive functions while having an alcohol concentration of 0.04 or greater.
b. Being on duty or operating a commercial motor vehicle while in possession of alcohol or controlled substances in any amount.
c. Consuming alcohol while performing safety-sensitive functions.
d. Consuming alcohol within four (4) hours prior to reporting for duty to perform safety-sensitive functions.
e. Consuming alcohol within eight (8) hours following an accident or prior to undergoing a post-accident alcohol test, whichever occurs first.
f. Refusing to submit to a post-accident, random, reasonable suspicion, return to duty or follow-up test for alcohol or controlled substances required by these procedures or by FMCSA regulations.
g. 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.
h. Reporting for duty, remaining on duty, or performing any safety-sensitive functions if the driver tests or would test positive for controlled substances.
Violations shall result in immediate removal from the performance of safety-sensitive functions and, in appropriate cases, referral for alcohol or drug abuse education or treatment. Violations may also result in discipline up to and including discharge.
No supervisor having actual knowledge of the above violations will permit a driver to perform or continue to perform safety-sensitive functions.
- Testing Requirements – Drivers are subject to the following types of alcohol and controlled substances testing, as defined by and consistent with the FMCSA regulations:
b. Post-accident testing
c. Random testing
d. Reasonable suspicion testing
e. Return-to-duty testing
f. Follow-up testing
The Superintendent is responsible for the development and implementation of procedures for conducting tests consistent with the FMCSA rules.
- Record Retention and Reporting – Records collected under this policy will be secured and retained in accordance with FMCSA regulations. The data collected under this policy will be reported as required by the FMCSA regulations.
- Education and Training – The superintendent is responsible for ensuring that drivers receive appropriate educational materials regarding the requirements of this policy and the FMCSA program and for developing and implementing an appropriate training program for supervisors.
- Referral Services – The employed driver who violates this policy or the federal regulations shall be informed of resources available for evaluation and resolving problems associated with the misuse of alcohol and the use of controlled substances, including the names, addresses, and telephone numbers of Substance Abuse Professionals (SAPs) and counseling and treatment programs. Costs incurred by the driver for treatment and/or rehabilitation are the driver’s responsibility.
49 USC 2717
49 CFR, Part 382
49 CFR, Part 40