Alcohol & Drug Testing of Bus Drivers
The U.S. Department of Transportation has issued regulations (49CFR parts 40, 382) pursuant to the Omnibus Transportation Employee Testing Act of 1991 which govern the use of drugs and alcohol by commercial motor vehicle drivers and which also require Phoenix Central School District to conduct mandatory drug and alcohol testing of covered drivers, with said testing to begin on January 1, 1996.
It is the District's intent to comply fully with the Omnibus Act and DOT's regulations governing drug and alcohol testing, and the requirements of the DOT's regulations are hereby incorporated into Regulation No. 8414.5R - Alcohol and Drug Testing of Bus Drivers Regulation. In the event DOT's regulations are amended, this policy and regulation shall be deemed to have been amended automatically at that time, without the need for redrafting, in order to reflect and be consistent with the DOT's regulations. The District reserves the right to apply the amended regulations immediately and without giving prior notice to drivers and/or applicants, unless such notice is immediately required by DOT or another applicable law.
The Superintendent, or his or her designee, shall promulgate administrative regulations to implement this policy and comply with the Omnibus Act, the Regulation and other applicable laws.
The Superintendent, or his or her designee, shall also provide Drug and Alcohol Testing Educational Material that complies with 49 CFR part 382, subpart F, for distribution to covered employees as required by the Regulation.
The Superintendent, or his or her designee, shall provide written notice to the unit members as soon as is reasonably possible of any legislative changes pertinent to this agreement and of the availability of the educational materials as required by DOT.
The Superintendent, or his or her designee, shall arrange for training of all supervisors who may be called upon to determine whether reasonable suspicion exists to test a driver for alcohol misuse or controlled substance use. A representative of thie Bargaining Unit, as selected by the Bargaining Unit, in consultation with the Superintendent, or his or her designee, will also be permitted to attend the same training.
Any violation of this policy, the Drug and Alcohol Testing Educational Material, the Omnibus Act, DOT Regulations or any and all other legislative laws and/or regulations pertinent to this policy, whether currently enacted or enacted in the future, by a covered employee shall be grounds for disciplinary action, up to and including discharge, in a manner consistent with the District's pre-existing policies, practices and any applicable bargaining unit agreement.
Ref: Omnibus Transportation Employee Testing Act of 1991 (P.L. 102-143) (49 CFR parts 40, 382, 391, 392, and 395)
Cross-Reference Board of Education Policy No. 5312.1, 5312.1R, 9125, 9125.R and 9125.1
Adopted on: January 10, 2005