403.6 DRUG AND ALCOHOL TESTING PROGRAM

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand one pounds or more.  For purposes of the drug and alcohol testing program, the term "employees" includes applicants who have been offered a position to operate a school vehicle. 

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion, and post-accident, drug and alcohol testing.  Employees operating school vehicles will not perform a safety-sensitive function within eight hours of using alcoholEmployees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the transportation director at 400 E. 6th St., Tipton, IA.   

Employees who violate the terms of this policy are subject to discipline up to and including termination.  The district is required to keep a record of all drug or alcohol violations by employees for a minimum of five years.  Employees are put on notice that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.  Additionally, the district will conduct FMCSA Clearinghouse queries for employees annually.  Employees must provide written consent for the district to conduct FMCSA Clearinghouse queries; however, employees who choose to withhold consent will be prohibited from performing any safety-sensitive functions. It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law.  The superintendent will inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment. 

The superintendent will also be responsible for publication and dissemination of this policy and supporting administrative regulations and forms to employees operating school vehicles.  The superintendent will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.

 

IASB Drug and Alcohol Testing Program (IDATP) Web site:  

https://www.ia-sb.org/Main/Affiliated_Programs/Iowa_Drug_Alcohol_Testing_Program.aspx

 

 

Legal Reference:      

     American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd   

     405 Cir. (4th 1995).

     42 U.S.C. §§ 5331 et seq.

     42 U.S.C. §§ 12101

     41  U.S.C. §§ 81.

     49 C.F.R. Pt. 40; 382; 

     34 C.F.R. Pt. 85 

     Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of

     Burlington, PERB No. 3876 (3-26-91). 

     Iowa Code §§ 124; 279.8; 321.375(2); 730.5

Cross Reference:

     403.5       Substance-Free Workplace

     403.5R1   Substance-Free Workplace - Regulation

     403.5E1   Substance-Free Workplace - Notice to Employees

     409.2  Employee Leaves of Absence 

 

 

 

Approved:  12/9/96                                                          Reviewed:         11/14/2022                                                   Revised:  11/14/2022   

 

403.6E1 DRUG AND ALCOHOL TESTING PROGRAM-NOTICE TO EMPLOYEES

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion, post-accident, return-to-duty and follow-up drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law. 

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand, one pounds or more.  For purposes of the drug and alcohol testing program, "employees" also includes applicants who have been offered a position to operate a school vehicle.  The employees operating a school vehicle are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program. 

It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements.  Employees with questions regarding the drug and alcohol testing requirements will contact the school district contact person

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination.  As a condition of continued employment, employees violating this policy, its supporting documents or the law bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by the substance abuse professional. Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that information related to drug or alcohol violations will be reported the the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse. 

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting administrative documents and the law.  It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using.  Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents or the law.

 Cross References:

     403.5    Substance-Free Workplace

     403.5R1    Substance-Free Workplace Regulation

     403.5E1    Substance-Free Workplace - Notice to Employees

     409.2    Employee Leave of Absence

 

Approved:  12/9/1996                                                            Reviewed   11/14/2022                                   Revised:  11/14/2022

 

403.6-E2 DRUG AND ALCOHOL TESTING PROGRAM ACKNOWLEDGMENT FORM

I, ___________________(name of employee), have received a copy, read and understand the Drug and Alcohol Testing Program policy of the Tipton Community School District and its supporting documents 

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents or the law, I may be subject to discipline up to and including termination or I may be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program if recommended by the substance abuse professional.  If I am required to and fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program, I understand I may be subject to discipline up to and including termination.

I also understand that I must inform my supervisor of any prescription medication I use.

In addition, I have received a copy of the U.S. DOT publication, “What Employees Need to Know about DOT Drug & Alcohol Testing,” and have read and understood its contents.

Furthermore, I know and understand that I am required to submit to a controlled substance (drug) test, the results of which must be received by this employer before being employed by the school district and before being allowed to perform a safety-sensitive function.  I also understand that if the results of the pre-employment test are positive, that I will not be considered further for employment with the school district. 

I further understand that drug and alcohol testing records and information about me are confidential and may be released at my request or in accordance with the district’s drug and alcohol testing program policy, its supporting documents or the law.

  __________________________                                         ______________________

 (Signature of Employee)                                                           (Date)

 Cross References:

     403.5     Substance-Free Workplace

     403.5R1    Substance-Free Workplace - Regulation

     403.5E1    Substance-Free Workplace - Notice to Employees

      409.2    Employees Leave of Absence

 

 

Approved:  12/9/1996               Reviewed: 11/14/2022                          Revised: 11/14/2022  

 

403.6-E3 DRUG AND ALCOHOL TESTING PROGRAM - WRITTEN CONSENT TO SHARE INFORMATION

 

DRUG & ALCOHOL PROGRAM AND PRE-EMPLOYMENT TESTING

WRITTEN CONSENT TO SHARE INFORMATION

 

I, ________________________ , understand that as part of my employment in a position that requires a commercial driver’s license in the Tipton Community School

District, I grant consent for the District to conduct queries of the Federal Motor Carrier Safety Administration (“FMCSA”) Commercial Driver’s License Drug and Alcohol Clearinghouse to determine whether drug or alcohol violation information about me exists in the Clearinghouse.  I further consent to the District sharing information related to my drug and alcohol testing results with prior, current and future employers, as well as the FMCSA Clearinghouse in accordance with state and federal laws. 

 

I understand that the District will check and perform queries of my drug and alcohol testing results prior to my employment in any position which requires the use of a commercial driver’s license.  I further understand the District will check and perform queries of my testing results annually and is required to report any drug and alcohol violations of this policy to the FMCSA Clearinghouse. 

 

I understand that I am not required to consent to the query of the FMCSA Clearinghouse or the District sharing of drug and alcohol testing information with past, present or future employers or the FMCSA Clearinghouse; but that without my consent I understand I will be prohibited from performing safety sensitive functions, including driving a commercial motor vehicle, as required by FMCSA’s drug and alcohol program regulations. 

 

I hereby give my consent to the District to perform queries of the FMCSA Clearinghouse and share my drug and alcohol testing results with past, present and future employers, as well as the FMCSAClearinghouse.

 

__________________________________         _________________

(Signature of Employee)                                       (Date)

 

 Cross References:

     403.5    Substance-Free Workplace

     403.5R1    Substance-Free Workplace Regulation

     403.5E1    Substance-Free Workplace - Notice to Employees

     409.2    Employee Leave of Absence

 

Approved:  12/9/1996                            Reviewed:  11/14/2022                         Revised: 11/14/2022

403.6R1 SUBSTANCE-FREE WORKPLACE REGULATION

A superintendent who suspects an employee has a substance abuse problem shall follow these procedures:

  1. Identification - the superintendent shall document the evidence the superintendent has which leads the superintendent to conclude the employee has violated the Substance-Free Workplace policy.  After the superintendent has determined there has been a violation of the Substance-Free Workplace policy, the superintendent shall discuss the problem with the employee.
  2. Discipline - if, after the discussion with the employee, the superintendent determines there has been a violation of the Substance-Free Workplace policy, the superintendent may recommend discipline up to and including termination or may recommend the employee seek substance abuse treatment.  Participation in a substance abuse treatment program is voluntary.
  3. Failure to participate in referral - if the employee refuses to participate in a substance abuse treatment program or if the employee does not successfully complete a substance abuse treatment program, the employee may be subject to discipline up to and including termination.
  4. Conviction - if an employee is convicted of a criminal drug offense committed in the workplace, the employee must notify the employer of the conviction within five days of the conviction.

 

 

 

 

 

 

 

Approved:   12/9/1996                                                     Reviewed:     09/12/2022                                     Revised:  12/8/2014