STANDARDS OF CONDUCT
All employees, including those who perform safety-sensitive functions, are expected to comply with the Board of Education's Drug-Free Schools policy and Drug-Free Workplace policy, which, in part, strictly prohibit the possession, use, distribution or being under the influence of illicit drugs and alcohol by all employees on school premises or as part of any school business, activity or function. In addition, a covered employee shall not report to duty or remain on duty requiring the performance of a safety-sensitive function: - While having an alcohol concentration of 0.04 or greater as indicated by alcohol breath test;
- Within four hours after using alcohol;
- While possessing alcohol or any controlled substances;
- While using alcohol or any controlled substances;
- While the use of alcohol or any controlled substances affects the employee's ability to safely perform his/her duties.
- While using a prescription or over-the-counter medication which may impair his or her physical or mental ability, without first reporting the use of such medication to the Transportation Supervisor or designee.
Compliance with the standards of conduct as well as with the alcohol and controlled substances testing procedures in this policy is mandatory and shall not be construed to be voluntary. Disciplinary sanctions, up to and including termination of employment, shall be imposed on a covered employee who violates these standards of conduct or fails to comply with the alcohol and controlled substances testing procedures. The district shall abide by Article XVI, section 20 of the labor agreement in the execution of these rules and regulations. Failure to comply with testing procedures includes, but is not limited to:
- Refusing to take a test;
- Refusing to provide a specimen;
- Refusing to sign a test consent form;
- Refusing to refrain from ingesting alcohol or controlled substances after an accident or when requested to be tested on a reasonable suspicion basis;
- Engaging in evasive testing actions intended to compromise the validity of the test results, including but not limited to switching or adulterating test samples.
AUTHORIZED USE OF PRESCRIPTION AND OVER-THE COUNTER MEDICATION
Covered employees using prescription or over-the counter medication are responsible for being aware of any potential effects such medications may have on their ability to safely perform their duties. If a cover employee uses a controlled substance pursuant to a doctor's prescription, the employee must immediately inform the Transportation Supervisor of this medication, as well as the doctor's opinion as to whether the medication will adversely affect the employee's ability to perform a safety-sensitive function.
The Board of Education reserves its right to obtain an independent medical opinion to determine if the medication produces hazardous effects to impede the employee's ability to safely perform their duties. If such a determination is made, the employee's duties may be temporarily subject to restriction or reassignment, as appropriate, during the period of medication.
CONSEQUENCES FOR VIOLATING STANDARDS OF CONDUCT
Following a determination that a covered employee has violated one or more of the standards of conduct relative to alcohol and controlled substances, the covered employee shall be:
- Immediately removed from any duty which involves the performance of a safety-sensitive function;
- Subject to discipline as set forth in Article XVI section 20 of labor agreement.
- Advised of available resources for evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances.
- Returned to duty involving the performance of a safety sensitive function only if the employee's conduct does not result in discharge, and all language of Article XVI, section 20 of the labor agreement have been complied with.
- Required to undergo return-to duty testing as well as unannounced follow-up tests after the employee's return to duty as directed by the substance abuse professional and in compliance with the Omnibus Transportation Employee Testing Act of 1991 and its promulgated regulations. Subsequent positive tests will result in further disciplinary action, including the employee's discharge.
VOLUNTARY REQUESTS FOR ALCOHOL OR SUBSTANCE ABUSE COUNSELING TREATMENT
Any covered employee who voluntarily requests alcohol or substance abuse counseling or treatment through the Benton Harbor Area Schools before being tested or being requested to be tested shall be referred to a substance abuse professional to determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and /or controlled substances use. The covered employee will not be disciplined but must:
- Immediately be removed from all duties involving the performance of a safety- sensitive function;
- Immediately cease alcohol misuses and/or controlled substances use;
- Consent to unannounced testing in compliance with the Omnibus Transportation Employee Testing Act of 1991 and its promulgated regulations.
- Comply with all other conditions of the alcohol or substance abuse counseling or treatment program.
REFERRAL, EVALUATION AND TREATMENT
Through the applicable contract language, covered employees will be provided with an opportunity for treatment. The availability of such treatment, however, does not require the Benton Harbor Area Schools to provide pay for rehabilitation. TESTING FOR ALCOHOL AND CONTROLLED SUBSTANCES
Covered employees will be required to submit to testing for alcohol and/or controlled substances. All alcohol and /or controlled substances testing will follow the protocols and requirements mandated by the Omnibus Transportation Employee Testing Act of 1991 and its promulgated regulations. Alcohol and /or controlled substances testing will be administered under the following circumstances:
- Pre-employment/Pre-duty testing: Prior to employment or prior to the first time an employee performs a safety-sensitive function, the employee shall receive from a medical review officer a controlled substances tests result verified as negative. If a pre-employment controlled substances test is positive or the pre-employment alcohol test result indicates an alcohol content of 0.02 or greater, the applicant will not be hired. This testing is not required if it is determined that:
- The covered employee has participated in a testing program that satisfies the requirements of the Omnibus Transportation Testing Act of 1991 and its promulgated regulations within the previous 30 days;
- While participating in that program, the covered employee tested within the past six months (from the date of application for employment) or participated in random controlled substances testing program for the previous 12 months (from the date of application for employment); and
- No prior employer has knowledge of records of a violation of the Omnibus Transportation Employee Testing Act of 1991 and its promulgated regulations or the controlled substances use rule of another Department of Transportation agency with the previous six months.
- Post-accident testing: As soon as practicable following an accident, but no later than 8 hours (alcohol test) or 32 hours (controlled substances tests), testing is conducted to each covered employee if the accident involved loss of human life or a citation is issued for a moving traffic violation arising from the accident. The Benton Harbor Area School District will provide all covered employees with necessary post-accident information, procedures and instructions, prior to the employee performing a safety-sensitive function. A covered employee who is subject to post-accident testing shall remain readily available for such testing or shall be deemed to have refused to submit to testing.
- Return-to-duty testing: A covered employee shall under go testing with a verified negative result prior to returning to duty that requires the performance of a safety-sensitive function, any time after the employee engaged in prohibited conduct relative to alcohol and/or controlled substances.
- Follow-up testing: A covered employee identified by a substance abuse professional as needing assistance associated with alcohol misuse and/or use of controlled substances, and who has returned to duty involving the performance of a safety-sensitive function, is subject to unannounced testing (consisting of at least six tests) over the first 12 months following an employee's return to duty as directed by a substance abuse professional.
- Reasonable suspicion testing: A covered employee shall undergo testing as a result of reasonable suspicion that the employee has violated the standards of conduct relative to alcohol and/or controlled substances based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the covered employee while, just before or just after performing a safety-sensitive function.
- Random testing: Each year, random testing will be used at the rate of 25% (alcohol) and 50% (controlled substances) of the average number of active covered employees subject to testing.
- Covered employees shall be selected for testing through use of a scientifically valid method provided by the Benton Harbor Area School District's testing facility and each covered employee shall have an equal chance of being tested each time selections are made.
- Random testing dates shall be unannounced and distributed throughout the calendar year.
- Each covered employee selected for random testing shall be relieved of any job responsibilities as soon as possible and shall proceed to the test site immediately.
Pursuant to the procedures articulated by the Omnibus Transportation Employee Testing Act of 1991 and its promulgated regulations, the Lakeland Regional Health System will maintain all records related to the testing program in a secure location with restricted access, including:
- Records of negative controlled substances tests and alcohol tests of less that .02 alcohol concentration must be maintained for a least one year.
- Records relating to training and the alcohol and controlled substances collection process must be maintained for two years.
- Equipment calibration documents, employee evaluations and referrals, documentation of refusals to take required tests, records of positive tests, and records indicating an alcohol level of 0.02 or greater must be kept for five years.
- An annual summary of the results of the Benton Harbor Area School District's testing program will be submitted to the U.S. Department of Transportation by March 15 of each year.
Training
On an annual basis, all covered employees will receive educational materials that explain the requirements of the alcohol and controlled substances testing rules, as well as the Board of Education's policy and procedures with respect to meeting those requirements. Each covered employee shall be required to sign a statement verifying receipt of the educational materials. The Benton Harbor Area Schools shall maintain the original of the signed statement. Those materials, minimally, will include the following information:
- The identity of the designated person to answer questions about the materials;
- The categories of employees who are subject to the alcohol and controlled substances testing rules;
- Sufficient information about the safety-sensitive functions performed by those employees to make clear what period of the work day the employee is required to be in compliance with the rules;
- Specific information about prohibited conduct;
- The circumstances under which a covered employee will be tested for alcohol and/or controlled substances;
- The procedures that will be used to test for the presence of alcohol and controlled substances, protect the employee and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct employee;
- The requirement that a covered employee will submit to alcohol and controlled substances tests administered according to this policy;
- An explanation of what constitutes a refusal to submit to an alcohol or controlled substances test and the attendant consequences;
- The consequences for covered employees found to have violated the standards of conduct, including the requirement that the employee be removed immediately from safety sensitive functions and the procedures for such removal;
- The consequences for covered employees found to have an alcohol concentration of 0.02 or greater but less that 0.04;
CONFIDENTIALITY
Except as expressly authorized by law, neither the Consortium nor the Benton Harbor Area School District shall release information regarding an employee's test results without the employee's written consent. The Consortium's medical review officer will also communicate all information to the designated office of the Benton Harbor Area School District as required by the Omnibus Transportation Employee Testing Act of 1991 and its promulgated regulations.
DEFINITIONS
For purposes of this policy and any administrative regulations associated with this policy, the following definitions shall apply:
Consortium: The Berrien, Cass, Van Buren County Consortium is an entity comprised of constituent school districts that provides alcohol or controlled substances testing as required by the Omnibus Transportation Employee Testing Act of 1991 and its promulgated regulations and that acts on behalf of the constituent school districts.
Controlled Substances: Any illegal drug and any drug that is being used illegally (e.g., a prescription drug that was not legally obtained or not used for its intended purposes or in its prescribed quantity)
Covered Employee: An employee (including a substitute) who operates or maintains a commercial motor vehicle in interstate commerce and is subject to the commercial driver's license requirements.
Fiscal Agent: The Berrien County Intermediate School District is the fiscal agent for the Berrien, Cass and Van Buren County Consortium.
Illegal Drug: Any drug or substance, the possession or use of which is unlawful pursuant to federal, state and local statute,, regulation and /or ordinance.
Omnibus Transportation Employee Testing Act of 1991: The Omnibus Transportation Employee Testing Act of 1991, as signed into law on October 28,1991, and its promulgated regulations, and as may be amended from time to time or may be superseded or replaced by legislation having a substantially comparable purpose.
Safety-Sensitive Function: All tasks associated with the operation or maintenance of school vehicles.
While on duty: The time from which the covered employee begins to work or is required to be in readiness for work until the time the covered employee is relieved from work and all responsibility for performing work.
IMPLEMENTATION AND COMPLIANCE
Because the Board of Education, as March 17, 1994, employees over 50 covered employees who perform safety-sensitive functions, implementation of this policy will be effective January 1, 1995.
LEGAL AUTHORITY
Omnibus Transportation Employee Testing Act of 1991, 45 USC & 431 and its promulgated regulations
