1.1

The Washington Parish School Board has a long-standing commitment to maintain the highest standards for employee safety and health.

1.2 

Therefore, in an effort to promote and maintain a safe, healthful, productive and efficient environment, the Washington Parish School Board adopts a policy against controlled substance and alcohol misuse which conforms to all requirements issued by the United States Congress (Omnibus Transportation, and as outlined in 49 CFR Part 40 and 49 CFR 382.

2.1

The Washington Parish School Board does hereby prohibit the possession, use, distribution, or sale of illegal drugs by any full-time, probationary, substitute, athletic personnel (coaches), or contract employee before or during safety-sensitive function.

2.2

Any employee reporting for work in a condition caused by off-duty use of controlled substances and/or the misuse of alcohol which is determined to affect his/her ability to perform his/her safety-sensitive function (driving), shall be deemed in violation of the Washington Parish School Board's policy and subject to disciplinary action.

3.1

To deter and detect alcohol, illegal drugs and unauthorized substances which complies with 49 CFR Part 40 and 49 CFR 382.

3.2

To create a safe and healthful working environment for our employees, students, and members of the general public.

3.3

To protect the reputation of the Washington Parish School Board, employees within the community, and the State of Louisiana.

4.1 

This policy applies to all full-time, probationary, temporary, substitute, athletic personnel (coaches), or contract employees or volunteers who operate a school bus who are required to obtain a Commercial Drivers License (CDL) to fulfill their work assignment or to perform any school-related activity.

4.2

Compliance with this policy will be required as a condition of employment for qualified applicants and continued employment for persons employed.

4.3

The cost of alcohol and drug testing for full-time and probationary drivers will be borne by the Washington Parish School Board.  The School Board may be entitled to reimbursement from an employee for the costs of such employee's or applicant's pre-employment medical examination or drug test, however, if the employee terminates the employment relationship sooner than ninety (90) working days after the first day of work or never reports to work, unless there is a substantial change made to the employment by the School Board.

4.4

Job applicants will be denied employment with the Washington Parish School Board if his/her test results are positive on a pre-employment drug or alcohol test.

4.5

If an employee's test results are positive on random, post-accident or reasonable cause drug or alcohol test, the employee is subject to disciplinary action as set forth in this policy.

4.6

An applicant or an employee has the right to a test of the split specimen, at employee's or applicant's expense, within 72 hours after the notification by the Medical Review Officer that the results are positive.

5.1

Requires that if a confirmation test confirms a blood alcohol concentration of 0.02 or greater but less than 0.04, the driver is not permitted to perform any safety-sensitive function for at least 24 hours.

5.2

Requires that if a confirmation test confirms a blood alcohol concentration of 0.04 or higher, that the driver be referred to a substance abuse professional for evaluation.

6.1

An applicant or employee in a covered function shall be subject to the following tests:

6.2

PRE-EMPLOYMENT - The supervisor has the right to obtain pre-employment record upon approval of the employee.  No driver will be allowed to perform a safety-sensitive function until tested for controlled substance and the supervisor has received the negative test result from the MRO Medical Review Officer).

EXCEPTION - If the driver has participated in a drug testing program within the past 30 days which is in compliance with 49 CFR 382, and has been tested within the past six (6) months from the date of application with the Washington Parish School Board or has been in a random drug testing for twelve (12) months prior to filling out his/her application for employment, and the supervisor ensures that the driver has, for the previous six (6) months, no record of violation of 49 CFR 382 or any other substance abuse rule of another DOT agency, the driver may be permitted to perform a safety-sensitive function without the requirement of conducting a controlled substance test.

6.3

POST-ACCIDENT - As a condition of continued employment with the Washington Parish School Board, any employee involved in an accident which results in loss of human life or a citation to the driver for a moving traffic violation during the course and scope of his/her employment, shall be tested for the presence of drugs and/or alcohol.  (In the event of an accident not requiring medical attention but causing property damage, the driver will be drug and alcohol tested.)

In the event of an accident, the alcohol test should be administered within two (2) hours.  If the test is not administered within two (2) hours, the parish must prepare and maintain a written statement of the reason for delay.  If the test is not performed within eight (8) hours, there shall be no further attempts to administer an alcohol test.  The records shall reflect why the test was not administered.  Drug testing must be conducted within thirty-two (32) hours following an accident.

If a bus driver is involved in an accident while driving and on duty, the driver must:

Failure to follow the above procedure will result in termination following a due process hearing by the Superintendent and approved by the School Board.

6.4

REASONABLE SUSPICION OR JUST CAUSE - The supervisor and/or principal may reasonably suspect that an employee illegally uses drugs or abuses legal drugs or alcohol or violates this policy based on any or all of the following:  observation of drug use; apparent drug intoxication; abnormal or erratic behavior; investigation, arrest, or conviction for drug-related offenses; reports from reliable credible sources; or evidence that the driver tampered with a previous drug test.  Any driver will be required to provide a urine and/or alcohol test when such reasonable suspicions arise and higher level authority concurs with the supervisor's suspicions.

6.5 

RANDOM - Drivers who have been chose for a random test must proceed immediately to the test site.  The only exception is if the driver is on duty performing a safety-sensitive function.  The supervisor must ensure that the driver cease performing the safety-sensitive function and proceed to the site as soon as possible.  The selection times will be unannounced and will be reasonably spaced throughout the year.

7.1

Urinalysis drug testing shall be performed for all of the following classes of drugs:

8.1

The following definitions are intended to clarify the prohibited substances and items covered in this policy.

9.1

All procedures used in the drug testing program will be performed by a certified Medical Review Officer.  Alcohol testing will be DOT certified.

9.2 

No driver shall refuse to submit to any of the substance testing mentioned in this policy.

9.3 

No driver shall refuse to submit to Post-Accident, Random, Reasonable Suspicion, or follow-up controlled substance or alcohol test and remain on duty.

9.4

A driver is considered a covered driver or performing safety-sensitive function during any period in which he/she is actually performing, ready to perform, immediately available to drive a commercial motor vehicle.

9.5

All drivers MUST inform their supervisor of any and all prescribed medication administered by his/her physician.

9.6

A written statement from his/her physician stating that the prescribed medication does not adversely affect his/her driving ability to safely operate a CMV (commercial motor vehicle) must be submitted to his/her supervisor.

10.1

Any employee testing 0.04 or higher on an alcohol test shall be removed from the safety-sensitive duties immediately and be referred to a Substance Abuse Professional.  THE EMPLOYEE WILL BE TERMINATED.

10.2 

Any employee testing 0.02 to less than 0.04 falls under the special alcohol rule.  However, the Washington Parish School Board feels that any alcohol level is unacceptable.  The employee shall be removed from safety-sensitive duties immediately, and be referred to a Substance Abuse Professional.  THE EMPLOYEE WILL BE TERMINATED.

10.3 

Any employee whose test results are positive for any controlled substances will be removed from his/her safety-sensitive duties immediately.  THE EMPLOYEE WILL BE TERMINATED.

10.4

Any employee who refuses to submit to Post-Accident, Random, Reasonable Suspicion, or Alcohol test will be removed from his/her safety-sensitive function.  THE EMPLOYEE WILL BE TERMINATED.

11.1

The Washington Parish School Board shall not deny any employee the right to due process under the law.

11.2

The employee shall be notified in writing of any changes in this policy within five (5) days after School Board approval.

11.3

Upon receiving this policy, every safety-sensitive employee will have five (5) days to review it, detach the proof of receipt, and return the receipt to the Transportation Department.

12.1

The Washington Parish School Board reserves the right to amend, interpret, change, rescind, or depart from this policy in whole or part to be in compliance with 49 CFR Part 382.

12.2

No employees will be eligible to ask for rehabilitation for controlled substance abuse and/or alcohol misuse after receiving notification that they have been selected for the test.