Drug and Alcohol Testing Program

Drug and Alcohol Testing Program

RANDOM TESTING

MAINTAINING YOUR LIST:

The random program is being administered by Preferred Alliance. They will send you a list of drivers from your School District that are enrolled in the DOT Drug and Alcohol Testing Program.

Make several copies of this list.

• If you hire a new driver, write his/her name on the list .

• If you terminate a driver, cross out his/her name on the list.

• If a driver takes leave or stops driving for any reason and therefore is not available for use then cross his/her name off the list and indicate the reason.

Send these changes to Judy Felber (877) 272-5227. Direct Line: 209-858-209-858-3202 or e-mail at FAX Number: 209-858-5693 Alternate FAX Number: 209-858-2669.

Remember: The JPA is paying for the Random testing. The costs are determined by the number of drivers used by each district each month, so it’s important to keep the list current.

SCHEDULING TESTING:

You will be notified in advance of the drivers that have been chosen under the random program. The testing/collection will be done on your school/district site and you will work out the schedule with the collection crew.

DO NOT NOTIFY the drivers in advance. Ideally, the driver comes in off their route and they are asked to come to the testing location. This is important. The testing/collection must be un-announced.

Use the ABSENTEE RANDOM REPORT form to report any employees that were chosen for testing but were not available on the day the random testing/collection was performed.

NOTE: IF THE CREW HAS A PROBLEM AT ONE DISTRICT IT MAY DELAY THE TIME THEY ARE SCHEDULED TO ARRIVE AT YOUR DISTRICT. (Another reason not to give advance notice to the drivers)

OTHER TESTING

If you have a pre-employment, Non-DOT or other required test to be performed and the random collection has been scheduled, you may send the employee with a signed referral form to the location of the collection rather than using a local clinic.

ALL COSTS FOR TESTING/COLLECTION, OTHER THAN DOT RANDOM, ARE THE RESPONSIBILITY OF THE DISTRICT. THESE WILL BE BILLED TO THE DISTRICT AT A RATE OUTLINED IN THE CONTRACT BETWEEN THE JPA AND PREFERRED ALLIANCE.

If you have any questions about the DOT drug and alcohol testing program please do not hesitate to call your Merced County Schools Insurance Group - JPA representative, Terri Prichard at (209) 389-4054 or Linda Ploof at Preferred Alliance (877) 272-5227. Direct Line: 209-858-3239 or e-mail at

WHAT IF A RANDOM, POST-ACCIDENT OR REASONABLE SUSPICION DRUG/ALCOHOL TEST COMES BACK POSITIVE?

If the reason for the drug test is Random, Post-Accident or Reasonable Suspicion then no matter what the School District’s policy says, you must, under the DOT regulations, remove the driver from duty in a "Safety Sensitive" position (i.e. driving a bus)

EVERYTHING THAT HAPPENS FROM HERE ON DEPENDS ON YOUR SCHOOL DISTRICT’S POLICY.

If your School District has a "zero tolerance" policy then the course is simple:

1. Give the employee a list of local Substance Abuse Professionals.

2. Terminate his/her employment.

If your School District has a policy that does not clearly provide for "zero tolerance" then you must follow these procedures:

1. Remove the driver from duty in a "Safety Sensitive" position.

2. Refer the employee to a Substance Abuse Professional (SAP). This may be done through your Employee Assistance Program or at the employee expense according to the School District 's policy.

3. Once the SAP has evaluated the employee and; if/when the SAP returns the driver to duty, then you must test the employee under the Return-To-Duty section. The SAP must order a minimum of 6 months of Follow-Up testing. The SAP may require more testing than the minimum and must provide you with their opinion in writing. Use the Drug/Alcohol Test Referral Form for Return-To-Duty and Follow-Up testing.

4. You may not use the drive in a safety sensitive position until the SAP sends written verification that the employee may be returned to duty.

5. You may use the employee in another capacity (e.g. custodian) during this rehabilitation period if the SAP is treating the employee on an "out-patient" basis. If the SAP recommends the employee enroll in an "in-patient" program, usually 30 days at a facility, then the employee may use sick leave or, be on leave without pay. AGAIN, THIS IS UP TO YOUR SCHOOL DISTRICT'S POLICY. Rehabilitation periods will vary and are dependent on the employee, the degree of the substance abuse problem and other factors. This "rehab" period may be as short as one day and as long as several months. The cost of the rehabilitation period is determined by the School District 's policy. The employer is NOT required to pay substance abuse professional expenses for the terminated employee unless provided for by an employer/employee or employee organization (union) agreement.

CHECK YOUR SCHOOL DISTRICT 'S POLICY!!

REMEMBER: You may terminate the employee only if your School District 's policy clearly states that employment termination is the penalty for a first offense positive drug or alcohol test under the DOT Regulations. (i.e. a "zero tolerance" policy)

WHAT IF A DRUG TEST COMES BACK NEGATIVE?

THIS IS A GOOD THING!

Remember, under the DOT Regulation, a bus driver may be tested for use of controlled substances or misuse of alcohol by the School District for any of the following reasons:

• Random

• Post Accident

• Return-To-Duty

• Reasonable Suspicion

• Follow-up

• Pre-Employment (Drug only)

If the NIDA-DRUG PANEL is positive you may not know for up to a week or more depending on the communication between the MRO and the employee. (This is out of your control!)

Once you hear from the MRO that the test is positive, follow the procedures outlined under positive test result procedures outlined in this manual.

If you hear nothing then the test is negative.

NO NEWS IS GOOD NEWS!!

At the end of every month you will receive written verification of all negative results from tests performed in the last 30 days. If you should need verification of a negative sooner than the end of the month then call Linda Ploof at Preferred Alliance (877) 272-5227. Direct Line: 209-858-3239 or e-mail at Place the written verification of the negative test results in the employee's DOT file.

Keep a copy of all DOT Drug testing information for each employee in a separate file. These files should be kept in a secured file separate from personnel files.

WHAT MAKES A BREATH ALCOHOL TEST POSITIVE AND WHAT DO YOU DO IF ONE OF YOUR DRIVERS TESTS POSITIVE?

Remember: You will know the results of the Alcohol Breathalyzer test immediately.

LESS THAN 0.02?

If the driver's alcohol concentration level tests below 0.02 then the test for alcohol is negative. YEA! You don't need to do anything. Just wait for the written documentation and place it in the employee's DOT file.

GREATER THAN 0.02 BUT LESS THAN 0.04?

If the driver's alcohol concentration level tests above 0.02 but less than 0.04, then the test for alcohol is positive but, there is room for leniency under the law.

• You must remove the driver from performing safety sensitive functions.

• You must not allow the driver to perform safety-sensitive functions until the start of the driver's next regularly scheduled duty (must be at least 24 hours later).

• You may take additional disciplinary action under the School District policy. CHECK YOUR POLICY.

GREATER THAN 0.04?

If the driver's alcohol concentration level is 0.04 or greater, this is a "true-blue" positive and the driver must be removed from duty. The driver will not be allowed to return to duty until:

• The driver is evaluated by a Substance Abuse Professional and;

• The driver successfully completes a rehabilitation program as determined by the SAP and;

• The driver must submit to a Return-To-Duty test for alcohol. Use the Drug/Alcohol Test Referral Form and;

• The driver must be approved by the Medical Review Officer (MRO) and Substance Abuse Professional (SAP) for re-instatement and return to duty in a safety sensitive function.

REMEMBER: IF your School District 's is zero tolerance then you may terminate the employee after a positive (0.04 or greater) and after you have given the employee a list of local Substance Abuse Professionals. CHECK YOUR POLICY.

WHAT IF A RETURN-TO-DUTY OR FOLLOW-UP DRUG AND/OR ALCOHOL TEST COMES BACK POSITIVE?

If the driver is subject to Return-To-Duty or Follow-up testing, this means that the employee has already tested positive for drugs or alcohol once. If the driver tests positive under these tests then:

• The driver is not allowed to perform safety sensitive functions.

No matter what the School District policy says, you must, under the DOT regulations, remove the driver from duty in a "Safety Sensitive" position.

1. Give the employee a list of local Substance Abuse Professionals.

2. Terminate his/her employment according to your School District’s policy..

MAKE SURE YOU HAVE RECEIVED WRITTEN VERIFICATION FROM THE MRO AND SAP

AND...

DOCUMENT, DOCUMENT, DOCUMENT, DOCUMENT,

WHAT IF AN EMPLOYEE REFUSES TO SUBMIT TO TESTING FOR DRUGS AND/OR ALCOHOL?

Remember: The employee agreed to comply with the plan when he/she was notified of the District's Substance Abuse and Alcohol Misuse Policy. Therefore, a refusal to test is the same as a positive test result and the employee must be removed from duty in a "Safety Sensitive" position. Use the Absentee Random Report form to document the refusal.

EVERYTHING THAT HAPPENS FROM HERE ON DEPENDS ON YOUR SCHOOL DISTRICT 'S POLICY.

If the School District has a "zero tolerance" policy then the course is simple:

1. Give the employee a list of local Substance Abuse Professionals.

2. Terminate his/her employment.

If the School District has a policy that does not clearly provide for "zero tolerance" then you must follow these procedures:

1. Remove the driver from duty in a "Safety Sensitive" position.

2. Refer the employee to a Substance Abuse Professional (SAP). This may be done through your Employee Assistance Program or at the employee expense according to the School District 's policy.

3. Once the SAP has evaluated the employee and; if/when the SAP returns the driver to duty, you must test the employee under the Return-To-Duty section. The SAP must order a minimum of 6 months of un-announced Follow-Up testing. The SAP may require more testing than the minimum and must provide you with their opinion in writing. Use the Drug/Alcohol Test Referral Form for Return-To-Duty and Follow-Up testing when directed by the Medical Review Officer (MRO).

4. You may not use the drive in a safety sensitive position until the Medical Review Officer (MRO) sends written verification that the employee may be returned to duty.

5. You may use the employee in another capacity (e.g. custodian) during this rehabilitation period if the SAP is treating the employee on an "out-patient" basis. If the SAP recommends the employee enroll in an "in-patient" program, usually 30 days at a facility, then the employee may use sick leave or, be on leave without pay. AGAIN, THIS IS UP TO YOUR SCHOOL DISTRICT'S POLICY. Rehabilitation periods will vary and are dependent on the employee, the degree of the substance abuse problem and other factors. This "rehab" period may be as short as one day or as long as several months. The DOT Regulation states that the employer is NOT required to pay substance abuse professional expenses for the terminated employee unless provided for by an employer/employee or employee organization (union) agreement.

CHECK YOUR POLICY!!

WHAT IF AN EMPLOYEE DOESN'T SHOW UP THE DAY OF THE COLLECTION?

Use the Absentee Random Report form to document the absence of an employee on a scheduled collection day. Check the appropriate reason for each employee absent.

WHAT IF A SUB-DRIVER IS PICKED FOR A RANDOM TEST AND THEY ARE NOT SCHEDULED TO DRIVE ON THAT DAY?

You have two choices:

1. Since you will know days in advance of the testing time and date, you can schedule the Sub-driver to work that day. That would insure that "subs" get tested under the random program just like permanent employees.

2. You may document the absence using the Absentee Random Report form. Check the appropriate reason for each employee absent.

Be sure to send the completed Absentee Random Report form to Judy Felber (877) 272-5227.

Direct Line: 209-858-209-858-3202 or e-mail at

FAX Number: 209-858-5693 Alternate FAX Number: 209-858-2669.