8414.5 Alcohol and Drug Testing of Drivers

The Board of Education recognizes the dangers inherent in alcohol and controlled substance use by employees, especially those in safety-sensitive positions. To ensure the safety of its students, the Board requires alcohol and controlled substance testing of certain “drivers,” operators of “other school buses”, and any other employee who is subject to such testing, in accordance with and as set forth in the applicable Federal and State requirements.

The District shall ensure that vendors/contract bus companies either establish and manage their own program, by contract, or through a consortium for the provision of alcohol and drug testing of employees in safety-sensitive positions. Safety-sensitive employees (SSE), including school bus drivers and other employees who drive a vehicle which is designed to transport sixteen (16) or more passengers (including the driver), shall be subject to this requirement.

Definitions

1. “Driver” includes any person who operates a commercial motor vehicle. This includes, but is not limited to: Full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.
2. "Other school buses" include those covered by applicable Federal regulations (see list below) and any other motor vehicle either owned by the District or by a private company, operated to transport students, children of students, teachers, and other supervisory persons to or from school or school activities.

Testing Responsibilities

Consistent with Federal regulations, the District will directly, by contract, or through a consortium, implement and conduct a program to provide alcohol and controlled substance testing of drivers who operate a commercial motor vehicle, perform in a safety-sensitive position, and are required to hold a commercial driver’s license. Employees holding such positions include:

1. drivers of vehicles designed to transport 16 or more passengers, including the driver;
2. drivers of commercial motor vehicles whose manufacturer’s rating is 26,001 lbs. or more; or
3. any other employee who may drive or service a listed vehicle (e.g., a mechanic who performs test drives, repairs, inspects, or loads or unloads a vehicle listed in 1 or 2 above).

Under New York State law and regulation, all school bus drivers are subject to pre-employment and random drug and alcohol testing in accordance with the provisions and requirements of Federal regulations, regardless of commercial driver’s license endorsement. Every school bus driver will be included in the random testing pool and must submit to testing when selected.

Controlled substance and alcohol tests will be conducted for operators of all "other school buses" consistent with the procedures applicable to the implementation of Federal regulations. Volunteers who drive a bus with passengers fewer than 30 days per year are not subject to such testing.

Controlled substance and alcohol tests will be conducted at or prior to the time of employment and randomly throughout the school year. However, drivers are subject to additional testing under Federal regulations when a supervisor has a reasonable suspicion that a driver has engaged in prohibited alcohol or controlled substance use; after certain accidents; prior to return to duty when the driver has been found to violate District policy and Federal regulations; and after the driver's return-to-duty.

Driving Prohibition

In accordance with Federal and State law, drivers may not drive if they:

1. possess, consume or are reasonably believed to possess or have consumed alcohol or a controlled substance, while on duty;
2. use or are under the influence of alcohol or a controlled substance that is not lawfully prescribed within six hours or less before duty;
3. have an alcohol concentration of 0.02 or higher, or test positive for a controlled substance;
4. refuse to take a required alcohol or controlled substance test.

Also, no driver is permitted to use alcohol after being involved in an accident in which there was a fatality or in which the driver was cited for a moving violation and a vehicle was towed from the scene or an injury was treated away from the scene until they have been tested or 8 hours have passed, whichever occurs first.

Enforcement of Driving Prohibitions

The District will not require or permit drivers of vehicles listed above, as well as operators of all "other school buses" defined above, to be on duty or operate a listed vehicle or other school bus, if it appears that they have consumed a drug/controlled substance (except those lawfully prescribed) or alcohol within the preceding eight hours. This will be based on the person's general appearance, conduct or other substantiating evidence. Those who maintain, repair or garage listed vehicles or school buses that involves incidental driving without passengers, are exempt from this requirement, but are still prohibited from consuming controlled substances and alcohol within six hours of going on duty.

Response to Positive Testing Results

Any driver who is tested and found to have an alcohol concentration of at least 0.02, but less than 0.04, will be removed immediately from the position until his or her next regularly scheduled duty period, but not less than 24 hours following administration of the test. Any driver found to have violated this requirement may be disciplined in accordance with the provisions of the applicable collective bargaining agreement, District policy and/or law. Operators of “other school buses” subject to random testing pursuant to New York law will be subject to the same consequences based upon an alcohol concentration of at least 0.02 but less than 0.04 as drivers listed above.

If a driver has an alcohol concentration of 0.04 or greater or has engaged in prohibited alcohol or controlled substance use, they will be removed immediately from driving duties and referred to a substance abuse professional. The driver may be required to complete a treatment program and/or be disciplined pursuant to District policy and/or collective bargaining agreement and applicable law. No driver who has abused controlled substances and/or alcohol may return to duty unless they have successfully passed a required return-to-duty test. Thereafter, the driver will be subject to follow-up testing. Operators of “other school buses” subject to random testing pursuant to New York law will be subject to the same consequences based upon an alcohol concentration of 0.04 or greater or a positive drug test as drivers listed above.

Re-Testing

Should the District receive a dilute test result in which the creatinine concentration is greater than 5mg/dL in the case of any pre-employment, return-to-duty, follow-up, reasonable suspicion or random test, it is the policy of the District that the individual shall be re-tested, and that re-test will become the test of record.

Federal Drug and Alcohol Clearinghouse Queries and Reporting

In addition to the required testing for employees covered under Federal law, the District will also conduct required pre-employment and annual queries of the Department of Transportation’s Federal Motor Carrier Safety Administration Drug and Alcohol Clearinghouse for drug and alcohol violations. The District will conduct full queries when limited query results show a record of violations. The District will also report the required information to the Clearinghouse regarding positive test results and drug and alcohol use.

Policy Distribution

The Superintendent of Schools will ensure that a copy of this policy, the District’s policy on misuse of alcohol and use of controlled substances, information on alcohol and drug abuse and treatment resources and any other information prescribed by Federal regulations is provided to all drivers and operators of "other school buses" prior to the initiation of the testing program and to each driver or operator of "other school buses" subsequently hired or transferred to a position subject to testing.

Cross-ref:

9320, Drug-Free Workplace

Ref:

Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. §§31136; 31306

49 U.S.C. §521(b)

49 CFR Part 391 (Qualifications/Disqualifications)

49 CFR Part 382 (Drug and Alcohol Testing Requirements)

49 CFR Part 40 (Testing Procedures)

49 CFR §395.2 (On-duty time defined)

Vehicle and Traffic Law §§509-g; 509-l; 1192; 1193

Will v. Frontier CSD Bd. of Educ., 97 N.Y.2d 690 (2002)

Adoption Date: 05/21/20

Revised and Approved by the Board of Education: 06/20/24

 

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