Menu

Board Policy

Alcohol and Drug Testing for Bus Drivers

Purpose

The purpose of this policy is to prevent accidents and injuries resulting from alcohol or controlled substance use by drivers of commercial motor vehicles. This policy is intended to comply with the school district's mandatory obligations under regulations issued by the United States Department of Transportation (“DOT”).

Definition of Terms

Certain terms used in this policy have the following meaning unless the context plainly shows otherwise:

     1. "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl or isopropyl alcohol.

     2. "Alcohol concentration" means the number of grams of alcohol (for example: 0.04) in 210 liters of expired deep lung air.

     3. “Alcohol confirmation test” means a subsequent test using an EBT (a breath testing device), following a screening test with a result of 0.02 or greater, that provides quantitative data about the alcohol concentration.

     4. “Alcohol screening device” (“ASD”) means a breath or saliva device, other than an EBT, that is approved by the National Highway Traffic Safety Administration and placed on a conforming products list for such devices.

     5. "Alcohol use" means the drinking or swallowing any beverage, mixture or preparation, including any medication, containing alcohol.

     6. "BAT" means a qualified breath alcohol technician.

     7. “Blind specimen” means a specimen submitted to a laboratory for quality control testing purposes, with a fictitious identifier, so that the laboratory cannot distinguish it from an employee specimen.

     8. “Cancelled test” means a drug or alcohol test that has a problem identified and cannot be or has not been corrected. A cancelled test is neither a positive or a negative test.

     9. "CDL" means commercial driver's license.

     10. “Collection site” means a place selected by the employer where employees present themselves for the purpose of providing a urine specimen for a drug test.

     11. “Confirmatory drug test” means a second analytical procedure performed on a different aliquot of the original specimen to identify and quantify the presence of a specific drug or drug metabolite.

     12. “Confirmed drug test” means a confirmatory drug test result received by a MRO from a laboratory.

     13. "Controlled substance" means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), opiates, or a metabolite of any of these substances.

     14. “Designated employer representative” (“DER”) means an employee authorized by the employer to take immediate action(s) to remove employees from safety-sensitive duties, or cause employees to be removed from these covered duties, and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer.

     15. “Dilute specimen” means a urine specimen with creatinine and specific gravity values that are lower than expected for human urine.

     16. "Driver" means: (i) a school district employee who is required to have a CDL to perform the employee's duties; (ii) employees of independent contractors who are required to have CDLs; (iii) owner-operators; (iv) leased drivers; and (v) occasional drivers.

     17. "EBT" means an evidential breath testing device on the National Highway Traffic Safety Administration's Conforming Products List for Evidential Breath Measurement Devices for the evidential testing of breath at the .02 and .04 alcohol concentrations.

     18. "Federal Act" means the Omnibus Transportation Testing Act of 1991 and the regulations issued by the United States Department of Transportation pursuant to that Act.

     19. “Oklahoma Act” means the Oklahoma Standards for Workplace Drug and Alcohol Testing Act.

     20. “Initial drug test” means the test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites.

     21. “Initial validity test” means the first test used to determine if a specimen is adulterated, diluted, or substituted.

     22. “Invalid drug test” means the result reported by an HHS-certified laboratory in accordance with the criteria established by HHS Mandatory Guidelines when a positive, negative, adulterated, or substituted result cannot be established for a specific drug or specimen validity test..

     23. “Medical review officer” (“MRO”) means a person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer’s drug testing program and evaluating medical explanations for certain drug test results.

     24. "Safety-sensitive function" means all time from the time a driver begins to 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.

     25. “Screening Test Technician” (“STT”) means a person who instructs and assists employees in the alcohol testing process and operates an ASD.

     26. “Service agent” means any person or entity, other than an employee of the employer, who provides services specified under this part to employers and/or employees in connection with DOT drug and alcohol testing requirements.

     27. “Split specimen” means a part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result.

     28. “Stand-down” means the practice of temporarily removing an employee from the performance of safety-sensitive functions based only on a report from a laboratory to the MRO of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test, before the MRO has completed a verified test.

     29. “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.

     30. “Substituted specimen” means a specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine.

     31. “Verified test” means a drug test result or validity testing result from a United States Department of Health and Human Services certified laboratory that has undergone review and final determination by the MRO.

Required Testing & Consent

The following testing is required of all drivers: Pre-Employment Testing and Consent A driver must pass an alcohol and controlled substance test prior to performing a safety-sensitive function. The test will be conducted during the hiring process or immediately before the driver first performs a safety-sensitive function.

     1. Alcohol Testing

          A driver may not commence the performance of duties unless the test shows a concentration of less than 0.04. If the test shows a concentration of between 0.02 and 0.04, no safety-sensitive duties may be performed for at least 24 hours.

          A pre-employment alcohol test will not be required if:

          i. The driver has undergone an alcohol test required by the Federal Act within the previous six weeks and tested under 0.04; and   

          ii. The driver provides evidence that no prior employer of the driver has any record of alcohol misuse by the driver within the previous six months.

     2. Controlled Substances

The driver must receive a confirmed negative controlled substance test result from a medical officer, except that no testing is required if:

          i. The driver has participated within the previous 30 days in a drug testing program meeting the requirements of the Federal Act; and

          ii. While participating in the program, the driver either (a) was tested for controlled substances within six months prior to the date of employment application or (b) participated in a random controlled substance testing program for the 12 months prior to the date of the employment application; and

          iii. The employer ensures that no prior employer of the driver of whom the employer has knowledge has records of a violation of this part or the controlled substance use rule of another DOT agency within the previous six months.

     3. Pre-employment Consent

The school district shall request the driver’s written consent to obtain the following information from DOT-regulated employers who have employed the driver during the two (2) years before the date of the driver’s application to a position requiring safety-sensitive duties:

          i. Alcohol tests with a result of 0.04 or higher alcohol concentration;

          ii. Verified positive drug tests;

           iii. Refusals to be tested (including verified adulterated or substituted drug test results);

          iv. Other violations of DOT agency drug and alcohol testing regulations; and

          v. Documentation of the driver’s successful completion of return-to-duty requirements (for those drivers who have violated a drug or alcohol regulation). If the previous employer does not have this documentation, the school district shall request that the driver produce it.

A driver may not perform safety-sensitive functions if s/he refuses to consent in writing to the release of the above information.

Drivers are responsible for furnishing the district with accurate information regarding their employment history, including accurate identification of all former DOT-regulated employers.

The school district shall maintain a written, confidential record of the information obtained or of the good faith efforts made to obtain the information. This record shall be maintained for three years from the date of the driver’s first performance of safety-sensitive functions.

Prior to the driver’s first performance of safety-sensitive functions, the school district shall ask the driver whether s/he has tested positive, or refused to test, on any pre-employment drug or alcohol test (1) administered by a DOT regulated employer, (2) in connection with a position for which the driver applied, (3) involving the driver’s failure to obtain safety-sensitive transportation work, and (4) over the period of two years preceding the date of the employee’s application for employment with the school district. If the driver admits to a positive test or a refusal to test within the past two years, the school district shall not allow the driver to perform safety-sensitive functions until and unless the driver documents successful completion of the return-to duty process.

     4. Consequences Associated with Pre-employment Testing

The school district may decline to employ an applicant who fails drug testing, provides false information, or who fails to cooperate with the district in procuring testing and test results. To the extent the applicant has been offered employment or placed in an alternate position pending the receipt of test results, the offer may be withdrawn and alternate employment terminated in accordance with the district’s policies and procedures applicable to employee termination.

Post-Accident Testing

1. Alcohol

As soon as practical following an accident, an alcohol test will be administered to the following drivers:

     i. Each surviving driver who was performing safety-sensitive functions with respect to the vehicle, if the accident involves loss of life.

     ii. Each surviving driver who received a moving traffic violation arising from the accident within eight hours of the occurrence, if the accident involved:

          a. bodily injury to any person that necessitated immediate medical treatment away from the scene of the accident; or

          b. at least one vehicle incurred disabling damage as a result of the accident that required the vehicle to be transported away from the scene by a tow truck or other vehicle.

If the test is not administered within two hours of the accident, the employer must prepare and maintain a record of why the test was not administered. If the test is not administered within eight hours of the accident, the driver's supervisor shall cease attempts to administer an alcohol test and shall prepare a written report explaining why a test was not given.

Drivers shall remain readily available for testing. A driver leaving the scene of an accident without a valid reason prior to submission to the test may be deemed to have refused to submit to testing.

A breath or blood alcohol test conducted by a law enforcement agency will be considered to meet these requirements if the test meets the requirements of the Federal Act and the test results are obtained by the school district.

2. Controlled Substances

As soon as practical following an accident, a test for controlled substances will be administered to the following drivers:

     i. Each surviving driver who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life.

     ii. Each surviving driver who received a moving traffic violation arising from the accident, if the accident involved:

           a. bodily injury to any person that necessitated immediate medical treatment away from the scene of the accident; or

          b. at least one vehicle incurred disabling damage as a result of the accident that required the vehicle to be transported away from the scene by a tow truck or other vehicle.

The test is to be administered within thirty-two (32) hours of the accident. If no test is made within that time period, then no test will be made and the driver's supervisor will prepare a written report stating the reasons for not administering a prompt test.

Drivers shall remain readily available for testing. A driver leaving the scene of an accident without a valid reason prior to submission to the test may be deemed to have refused to submit to testing.

A urine test for controlled substances administered by a law enforcement agency will be considered to meet these requirements if the test meets the requirements of the Federal Act and the results are obtained by the school district.

Random Testing

Random alcohol and controlled substances testing of drivers will be conducted throughout the year. Selection of the drivers to be tested will be made by a scientifically valid method, such as random-number table or a computer based random-generator matched with drivers' social security numbers, payroll identification numbers or other comparable identifying numbers. Dates for administering unannounced testing shall be unpredictable and spread reasonably throughout the calendar year.

Drivers are to be tested while performing safety-sensitive functions, just before performing those functions, or just after ceasing those functions. A driver who is notified of selection for random alcohol or controlled substances testing must proceed to the test site immediately, unless the driver is performing a safety sensitive function other than driving, in which case the driver must cease performing the safety-sensitive function and proceed to the test site as soon as possible.

The minimum annual percentage rate for random alcohol testing will be ten percent (10%) of the average number of driver positions, subject to adjustment of the percentage by the Federal Highway Administration. The minimum annual percentage rate for random testing for controlled substances will be fifty percent (50%) of the average number of driver positions.

Reasonable Suspicion Testing

Alcohol and controlled substance testing will be conducted when there is reasonable suspicion to believe that a driver has violated a provision in this policy. Reasonable suspicion shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. Reasonable suspicion for controlled substance use may also be based on indications of the chronic and withdrawal effects of controlled substances.

Alcohol testing is authorized only if the observations are made during, just preceding, or just after the period of the work day that the driver is performing a safety-sensitive function. A written record must be made as to why an alcohol test was not made within two hours following a determination of reasonable suspicion of misuse. No test is to be made if eight hours passed after the determination.

Persons designated to determine whether reasonable suspicion exists shall receive at least sixty (60) minutes of training on performance indicators of probable alcohol misuse. The required observations shall be made by a supervisor who has received training in detecting the symptoms of alcohol/controlled substance misuse. The supervisor who makes the determination that reasonable suspicion exists shall not conduct the alcohol test.

A written record will be made of the observations leading to a controlled substance reasonable suspicion test. The record will be signed by the supervisor who made the observations. The record will be made within twenty four (24) hours of the observed behavior or before the test results are received, whichever is earlier.

Return to Duty Testing

     1. Returning after Reasonable Suspicion of Alcohol Abuse Determination

          A driver suspected of being under the influence of or impaired by alcohol will not be permitted to perform a safety-sensitive function until: (i) an alcohol test shows a concentration of less than 0.02; or (ii) 24 hours have elapsed following a determination that there was reasonable suspicion to believe the driver has violated the rules in this policy against alcohol misuse.

     2. Returning after Violation of Prohibitions in this policy

          A driver who has engaged in conduct prohibited by this policy shall not be permitted to perform safety-sensitive functions until s/he first passes a controlled substance test and/or an alcohol test with an alcohol concentration of less than 0.02.

          A driver who has violated a provision in this policy cannot again perform any safety-sensitive duties for any employer until and unless the driver completes the SAP evaluation, referral, and education/treatment process.

Follow-up Testing

A driver who has been identified by a SAP as needing assistance in resolving problems with alcohol misuse or controlled substance use and who has returned to duty involving the performance of a safety-sensitive function will be subject to a minimum of six (6) unannounced follow-up alcohol and/or controlled substance tests over the following twelve (12) months. The SAP is the sole determiner of the number and frequency of follow-up tests, as well as whether the tests will be for drugs, alcohol or both. The SAP can direct additional testing during this period or for an additional period up to a maximum of sixty (60) months. The school district must carry out the SAP’s follow-up testing requirements.

Test Procedures

Testing methodology will comply with the requirements of the Oklahoma Act, except that the requirements of the Federal Act stated in this policy supersede the provisions of the Oklahoma Act. Alcohol testing must be conducted in a location that provides visual and aural privacy to the driver, sufficient to prevent unauthorized persons from seeing or hearing the test.

Alcohol Testing Procedures

     1. Procedures for an Alcohol Screening Test Using an EBT or Non-Evidential Breath ASD

          i. When the driver enters the testing location, the BAT or STT will require the driver to provide positive identification. If the driver requests, the BAT or STT will provide positive identification. The BAT or STT will explain the testing procedure. An individually-sealed mouthpiece is opened in the view of the driver and attached to the EBT. The driver will then blow into the mouthpiece for at least six (6) seconds. The BAT or STT will show the driver the displayed test result. If the EBT does not provide a printed result, the BAT or STT will record the test number, date, technician’s name, location and test result in a log book. The driver will initial the log book. If the EBT provides a printed result, the result is either: (i) printed on the testing form; or (ii) affixed to the form with tamper-evident tape.

           ii. If the screening test result is less than 0.02, the BAT or STT will transmit the result in a confidential manner to the school district’s DER, who is designated by the board of education or the school superintendent to receive and handle alcohol test results in a confidential manner.

          iii. If the breath test is 0.02 or higher, a confirmation test is required. The confirmation test must be conducted no less than fifteen (15) and no more than thirty (30) minutes after the screening test. Before a confirmation test is given, the BAT must conduct a "blank" test on the EBT to obtain a reading of 0.00. The remainder of the confirmation test is identical to the screening test for EBTs.

          iv. If the confirmation test result is lower than 0.02, nothing further is required of the driver.

          v. If the confirmation test result is 0.02 or higher, the driver must sign and date the ATF. The BAT will immediately transmit the result to the DER in a confidential manner.

          vi. Refusal to take a required test has the same consequences as if the driver had tested 0.04 or more. The following constitutes a refusal to take a test: (1) failure to appear for any test within a time required to appear; (2) failure to provide an adequate amount of saliva or breath for testing without a valid medical explanation; (3) failure to cooperate with any part of the testing process; (4) failure to sign the alcohol testing form or ATF certification; (5) failure to remain at the testing site until the testing process is complete, unless the test is a preemployment test; (6) failure to undergo a medical examination or evaluation due to insufficient breath sampling; (7) leaving the scene of an accident before being tested, except when reasonably necessary to receive medical treatment.

     2. Procedure for an Alcohol Screening Test Using Saliva ASD

When the driver enters the testing location, the STT will require the driver to provide positive identification. If the driver requests, the STT will provide positive identification. The STT will explain the testing procedure. The STT will check the expiration date on the device and show it to the driver. An individually wrapped package containing the device will be opened in the presence of the driver, and the driver will be instructed to insert the device into his or her mouth and use it in the manner described by the manufacturer. If the driver chooses not to use the device, the STT must insert the device into the driver’s mouth and gather saliva.

Controlled Substances Testing Procedures

1. Procedures for Collection of Urine Specimens

     i. All urine collections must be split specimen collections.

     ii. The school district must direct an immediate urine collection under direct observation with no advance notice to the driver, if:

          a. the laboratory reported to the Medical Review Officer (“MRO”) that a specimen is invalid and the MRO has reported that there is not an adequate medical explanation for the result; or

          b. the MRO reported that the original positive, adulterated, or substituted test result had to be cancelled because the test of the split specimen could not be performed.

          c. The laboratory reported to the MRO that the specimen was negative-dilute with a creatinine concentration greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL, and the MRO reported the specimen as negative-dilute and that a second collection must take place under direct observation

     iii. The school district must direct a collection under direct observation of a driver if the drug test is a return-to-duty test or a follow-up test.

     iv. A driver must receive an explanation of the reasons for a directly observed collection.

     v. If a driver declines to allow a directly observed collection, that driver will be considered to have refused to test.

2. Procedures for Testing of Urine Specimens

     i. Testing of urine samples for controlled substances shall be performed by a laboratory certified by the federal Department of Health and Human Services (“DHHS”) under the National Laboratory Certification Program.

     ii. Controlled substance testing may only be performed for the following five drugs or classes of drugs: (a) marijuana metabolites, (b) cocaine metabolites, (c) amphetamines, (d) opiate metabolites, and (e) phencyclidine (PCP).

     iii. If the driver requests a test of a split specimen, the first laboratory will ship the unopened split specimen to a second DHHS-approved laboratory for testing. If the test of the split specimen fails to confirm the presence of a controlled substance, the entire test is cancelled.

     iv. The driver must request a split specimen test verbally or in writing within 72 hours of being notified of a verified positive drug test or refusal to test because of adulteration or substitution.   

     v. If a driver does not make a request within 72 hours, the driver may present information to the MRO documenting that serious injury, illness, lack of actual notice of the verified test result, inability to contact the MRO, or other circumstances unavoidably prevented the driver from making a timely request.

     vi. If a driver makes a timely request for a split specimen test, the school district must ensure that the MRO, first laboratory and second laboratory perform the split-specimen testing functions in a timely manner. If necessary, the school district must pay for the split specimen testing and seek reimbursement from the driver.

     vii. The MRO will report split specimen test results to the DER and driver.

      viii. The laboratory will report results directly to the MRO. The laboratory will not report the results to anyone else.

     ix. When the MRO receives a confirmed positive, adulterated, substituted, or invalid test result from the laboratory, the MRO will attempt to contact the driver to determine whether the driver wants to discuss the test result. If the MRO cannot reach the driver after reasonable efforts to do so, the MRO must contact the DER but cannot tell the DER that the driver has a confirmed positive, adulterated, substituted, or invalid test result. The DER must then attempt to contact the driver. If the DER makes contact with the driver, the DER should simply direct the driver to contact the MRO immediately and inform the driver of the consequences of failing to contact the MRO within the next 72 hours. If the DER is unable to reach the driver after making three (3) attempts, spaced reasonably, over a 24-hour period, then the DER may place the driver on temporary medically unqualified status or medical leave. Documentation must be kept by the DER of any actual and/or attempted contacts with the driver, including the dates and times of the contacts. If the DER is unable to contact the driver within the 24-hour period, the DER must leave a message for the driver by voice mail, email or letter to contact the MRO and inform the MRO of the date and time of this message.

     x. Confirmation testing for controlled substances will be performed in accordance with the Oklahoma Act, except when the Oklahoma Act conflicts with Federal law.

     xi. The MRO must verify a confirmed positive test result for marijuana, cocaine, amphetamines, and/or PCP unless the driver presents a legitimate medical explanation for the presence of the drug(s)/metabolite(s) in her or his system.

     xii. As part of the verification decision, the MRO must conduct a medical interview that includes reviewing the driver’s medical history and any other relevant biomedical factors presented by the driver, as well as directing the driver to undergo further medical evaluation.

     xiii. DOT tests must be completely separate from non-DOT tests in all respects, and DOT tests must take priority over non-DOT tests. DOT tests must be completed before a non-DOT test is begun. The results of a DOT test shall not be disregarded or changed based on the results of a non-DOT test.

Prohibitions

A driver will not be permitted to report to duty or to remain on duty requiring the performance of a safety-sensitive function if:

     Alcohol

           i. The driver has an alcohol concentration of 0.04 or higher as measured on a breath test.

           ii. The driver displays behavior or appearance characteristics of alcohol misuse.

           iii. The driver is under the influence of or is impaired by alcohol, as shown by behavioral, speech, and performance indicators of alcohol misuse.

          iv. The driver possesses alcohol while on duty.

          v. The driver uses alcohol during duty performance.

          vi. The driver has used alcohol within the four hours prior to performing duties.

          vii. The driver has had an accident within the last eight hours and has not taken a breath test showing clearance from prohibited alcohol levels.

          viii. The driver has refused to take a breath test for alcohol use.

          ix. The driver is taking any prescription or non-prescription medication containing alcohol, even if the driver has notified the driver's supervisor of the medication use.

     Controlled Substances

          i. The driver uses any controlled substance, unless the use is pursuant to a physician's written certification stating that the use does not adversely affect the driver's ability to safely operate a motor vehicle.

          ii. A supervisor or administrative employee has actual knowledge that a driver has used a controlled substance.  

          iii. The driver has a positive confirmed test for a controlled substance.

          iv. The driver displays behavior or appearance characteristics of controlled substance use.

          v. The driver has refused to take a controlled substance test.

     Refusal to Test

A driver has refused to take an alcohol or controlled substance test if s/he:

          i. Fails to appear for any test as directed by the school district.

          ii. Fails to remain at the testing site until the testing is complete.

          iii. Fails to provide a urine specimen.

          iv. Fails to provide a sufficient amount of urine when there is no adequate medical explanation for the failure.

          v. Fails to permit a directly observed or monitored collection.

          vi. Fails or declines to take a second test the school district or collector has directed.

          vii. Fails to undergo a medical examination or evaluation as directed by the MRO as part of the verification process or as directed by the DER when the urine sample was insufficient.

          viii. Fails to cooperate with any part of the testing process (e.g. refuses to empty pockets when directed to do so, behaves in a confrontational way that disrupts the collection process).

          ix. Has a verified adulterated or substituted test result.

Standing Down Employees

Stand-down is “the practice of temporarily removing an employee from the performance of safety-sensitive functions based only on a report from a laboratory to the MRO of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test, before the MRO has completed verification of the test result.”

     1. DOT regulations prohibit employers from standing employees down, before the MRO has completed verification of the test result.

      2. A verified test is a drug test result or validity testing result from an HHScertified laboratory that has undergone review and final determination by the MRO.

     3. The district may assign a driver non-driving duties pending the receipt of a verified test result when the district has reasonable suspicion to believe the employee is impaired.

     4. When the district does remove an employee from service, following verification of the drug test result, it will do so consistent with the confidentiality requirements, within its control, imposed by law.

Referral and Treatment

A driver who violates any of the prohibitions in this policy shall be advised of the resources available to the driver for evaluating and resolving problems associated with the misuse of alcohol or use of controlled substances, including the names, addresses and telephone numbers of substance abuse professionals and counseling and treatment programs.

A driver who violates any of the prohibitions in this policy must be evaluated by a SAP who shall determine what assistance, if any, the driver needs in resolving problems associated with alcohol misuse or controlled substance use. The driver will not be permitted to perform safety-sensitive duties for any employer until and unless he or she completes the SAP evaluation, referral, and education/treatment process.

If the driver is identified as needing assistance in resolving problems associated with alcohol misuse or controlled substance use, the driver must be evaluated by a SAP to determine if the driver has properly followed the prescribed rehabilitation program. The driver must be subject to unannounced follow-up alcohol and/or controlled substance tests upon return-to-duty.

The SAP will provide a written report directly to the DER highlighting the SAP’s specific recommendations for a course of education and treatment with which the driver must comply prior to returning to the performance of safety-sensitive functions. Neither the driver nor the school district shall seek a second SAP’s evaluation in order to obtain another recommendation. Only the SAP who made the initial evaluation may modify his or her initial recommendations.

If the SAP recommends that the driver continue treatment, aftercare or support group services after returning to safety-sensitive duties, the school district may require the driver to participate in the recommended treatment or services as part of the return-to-duty agreement.

These requirements do not apply to drivers refusing to be tested or drivers having a preemployment test of 0.04 or more.

The school district is not required to return a driver to safety-sensitive duties just because the driver complies with the SAP’s recommendations.

Educational Materials

Each driver shall receive educational materials that explain: (1) the alcohol misuse prevention requirements; (2) the school district's policies and procedures; (3) the identity of a contact person knowledgeable about the materials; (4) factual information on the effects of controlled substance use and alcohol misuse on personal life, health and safety; (5) where help can be obtained, including information regarding the school district's Employee Assistance Program; (6) categories of employees subject to testing; (7) a description of prohibited conduct and the circumstances that trigger testing; (8) testing procedures and safeguards; (9) what constitutes a refusal to submit to testing and the consequences; (10) signs and symptoms of an alcohol or controlled substance problem; (11) consequences for drivers with an alcohol test level of 0.02 or more but less than 0.04; and (12) the consequences of violating the rules in this policy. The district’s staff will prepare and distribute appropriate educational materials as provided for in this section.

Maintenance of Records

Upon written request, a driver is entitled to obtain copies of any school district records concerning the driver's use of alcohol or controlled substances, including test results.

The school district shall not release individual test results or medical information about a driver to third parties without the employee’s specific written consent to the release of a particular piece of information to a particular person or organization. Notwithstanding this prohibition, the school district may release information pertaining to a driver’s drug or alcohol test without the employee’s consent in certain legal proceedings.

Disciplinary Action

Employees who violate any prohibition in this policy will be subject to disciplinary measures, including employment termination. Likewise, employees whose test results are positive for alcohol or controlled substances are subject to disciplinary actions, including employment termination. The same disciplinary consequences face individuals who provide false information in connection with the testing process or who fail to cooperate with the district’s efforts to fulfill its testing obligations.

Other Policies

This policy does not supersede any other school district policy pertaining to alcohol misuse or controlled substance use by school district employees, except to the extent that this policy is specific to drivers performing safety-sensitive functions. To the extent permitted by federal law, this policy is to be interpreted consistent with Oklahoma’s Act regarding drug and alcohol testing of personnel.

PDF Version

Adopted: December 18, 2014

Printable PDF

First page of the PDF file: AlcoholandDrugTestingforBusDriversPolicy405
Spark Logo

What is Spark? Classes to move you closer to your goals when you feel the spark of motivation, ambition or inspiration.

Explore All Classes