M.S.A.D. #31 Administrative Rule

CODE:  EEAEAA-R
  
Maine School Administrative District No. 31

M.S.A.D. #31 ADMINISTRATIVE RULE

Purpose


The purpose of this rule is to provide guidance to supervisors and notice to drivers concerning the implementation of alcohol and controlled substance testing required by federal regulations.  This rule and the substance abuse testing which it requires are mandated by federal law and regulation; except as required by federal law and regulation, the District does not, nor shall it require, suggest, or request any substance abuse testing restricted by state law.

This rule does not attempt to provide a complete overview of or to limit or modify federal regulations, which should be referred to for more detailed information concerning testing procedures and consequences.  The text of the federal regulations is available in the Central Office and should be consulted in all cases where questions as to implementation of this rule arise.

    I.  Program Administrator

        The Transportation Director has been designated as the Alcohol/Drug Testing Program Administrator.  Questions concerning
        the testing program are to be directed to the Program Administrator.

    II.  Substances Tested For

        References to tests in these rules included both drug and alcohol tests unless the context specifies otherwise.  The terms
         "drugs" and "controlled substances" are interchangeable and have the same meaning.  Drugs refer to marijuana, cocaine,
         opiates, phencyclidine (PCP), and amphetamines (including methamphetamines).

    III.  Drivers Subject to Testing


        All drivers who must have a Commercial Driver's License to perform their duties will be subject to the alcohol and/or drug
        testing as outlined in this rule and required by 49 C.F.R. Part 382.

    IV.  Compliance with Rule and Regulation

        All employees must comply with this rule and federal regulations during any portion of the work day that they perform any
       duties relating to driving, including, but not limited to:  driving, waiting to be dispatched, inspecting and servicing
       equipment, supervising, performing or assisting in loading and unloading, repairing or obtaining and waiting for help with a
       disabled vehicle; performing driver requirements related to accidents.

    V.  Prohibited Conduct

        Drivers shall not:

            1. Report to and/or remain on duty with an alcohol concentration of .02 or greater;
            2. Possess any alcohol while on duty;
            3. Use any alcohol within four (4) hours before going on duty;
            4. Use any alcohol while on duty;
            5. Use any alcohol for eight (8) hours after an accident which will require the driver to be tested for alcohol, or until
                tested after such an accident, whichever occurs first;
            6. Refuse to submit to a required alcohol and/or controlled substances test;
            7. Report to or remain on duty when using any controlled substance, except when used under a physician's orders and
                the physician has informed the driver that the use will not affect the safe operation of a vehicle;
            8. Report to or remain on duty if he/she has tested positive for controlled substance.

    VI.  Required Tests


        1.  Pre-employment.  Drug testing will be administered before a driver performs any safety-sensitive functions for the
             District.

            The test will be required of an applicant only after he/she has been offered a position.  Employment is conditional upon
            receiving negative drug test results.

        2.  Random.  Test shall be conducted on a random basis at unannounced times throughout the year.  Random tests for
             alcohol shall be conducted just before, during, or just after the performance of safety-sensitive function.  The numbe
             of random alcohol tests annually will be at least 25% of the average number of driver positions.  The number of random
            drug tests annually will be at least 50% of the average number of driver positions.  Drivers will be selected by a
            scientifically valid random process, and each driver shall have an equal chance of being tested each time selections are
             made.

            The District has entered into a consortium including drivers from other school districts and the 25 and 50 percent
            levels
will apply to the entire pool of drivers.       

        3.  Post-accident.  Drivers will be tested as soon as practicable after any accident which:

                1) involved the loss of human life; or
                2) involves the driver receiving a citation for a moving traffic violation as a result of the accident.

        4.  Reasonable suspicion.  Test shall be conducted when a properly trained supervisor or District official has reasonable
            suspicion that the driver has violated the alcohol or drug prohibitions as provided in this rule, except Section V.2.  This
            reasonable suspicion will be based on specific observations concerning the driver's appearance, behavior, speech, or
            body odors.  The observations may include indications of the chronic and withdrawal effects of controlled substances.


            Alcohol tests will be authorized for reasonable suspicion only if the required observations are made during, just before,
            or just after the period of the workday when the driver must meet alcohol prohibitions.  If an alcohol test is not                        administered within two (2) hours of a determination of reasonable suspicion, the District will prepare and maintain a
            record explaining why this was not done.  Attempts to conduct alcohol tests will terminate after eight (8) hours, and
            the District shall record the reasons for not administering the test.

            A supervisor or District official who makes a finding of reasonable suspicion also must make a signed written record of
            his/her observations leading to a reasonable suspicion drug or alcohol test.  Such written record must be completed
            within twenty-four (24) hours of the observed behavior or before the results of the test are released, whichever is
            earlier.

        5.  Return to duty.  A drug or alcohol test shall be conducted when a driver who has violated the District's drug or alcohol
             prohibition returns to performing safety – sensitive duties.

            Employees whose conduct involved drugs cannot return to duty in a safety-sensitive function until the return-to-duty
            alcohol test produces a verified negative result.

            Employees whose conduct involved alcohol cannot return to duty in a safety-sensitive function until the return-to-duty
            drug test produces a verified result that meets federal and District standards.

        6. Follow-up.  A driver who violates one of the prohibitions listed in Section V above and is subsequently identified by a
            substance abuse professional as needing assistance in resolving a drug or alcohol problem shall be subject to
            unannounced follow-up testing as directed by the substance abuse professional in accordance with law.  Follow-up
            alcohol testing shall be conducted just before, during, or just after the time when the driver is performing safety-
            sensitive functions.  A driver who has previously tested positive, has been identified as needing assistance in resolving a
            drug or alcohol problem and has returned to duty must submit to at least six (6) alcohol and/or controlled substance
            tests during the first year after returning to work.  Follow-up tests will be unannounced and may continue for up to
            sixty (60) months after returning to work.

    VII.  Training for Supervisors


            The Program Administrator has the authority to determine whether reasonable suspicion exists to require a driver to
            undergo a test.  Before making any such determination, they shall each receive at least sixty (60) minutes of training an
            alcohol misuse and at least sixty (60) minutes of additional training on controlled substances use.  The training shall
            cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled
            substances.

    VIII.  Testing Procedures


            The District will arrange to have testing performed by persons and at facilities having adequate expertise to ensure that
             testing will be performed in a manner to protect the driver and the integrity of the testing processes, safeguard the
             validity of the test results, and ensure that those results are attributed to the correct driver.

            All testing for alcohol misuse will be conducted by trained Breath Alcohol Technicians (BATs).  All testing to determine
             alcohol use or misuse will utilize measurement of expired breath with an Evidential Breath Test Device (EBT).

      IX.  Requirement to Submit to Tests


            All drivers who are required by federal regulations to be subject to tests must fulfill that requirement when so directed
            by the Program Administrator.  Once a driver has been directed to submit to a test, he/she will proceed directly to the
            testing area.  Drivers must comply with the lawful requests of the technician performing the test.  Failure to comply
            with the regulations or this rule will be grounds for disciplinary action up to and including dismissal.

        X.  Refusal to Test


            The following circumstances will be construed as refusing to submit to a test:

                1. Failure to report to the designated testing area immediately after being notified to submit to a require test; or
                2. Failure to provide a sufficient sample to be tested, either breath or urine as the case may be, unless medically
                   determined impossible to do so.

        XI.  Records

            Employee drug and alcohol test results and records shall be maintained under strict confidentiality and released only in
            accordance with law.  Upon written request, a driver shall receive copies of any records pertaining to his/her use of
            drugs or alcohol, including any records pertaining to his/her drug or alcohol tests.  Records shall be made available to
            a subsequent employer or other persons identified by the driver as directed by the written request or consent of the
            driver.

        XII.  Prescription Drugs


            Drivers shall inform their supervisors if at any time they are using a controlled substance which their physician has
            prescribed for therapeutic purposes.  Such a substance may be used only if the physician has advised the driver that it
            will not adversely affect his/her ability to safely operate a vehicle.

        XIII.  Enforcement

                1. General Rule.  Any driver who violates this rule or the Federal Motor Carrier Safety Regulations, 49 C.F.R. Part 382,
                   may be subject to disciplinary action up to and including dismissal, except to the extent that any state or federal
                   law requires otherwise.  This rule is based on the general authority of M.S.A.D. #31 as an employer.

                2. Removal from duty.  Any driver who tests positive for alcohol concentration of 0.02 or above or drug use shall
                    immediately be relieved from duty, without pay, for a minimum of twenty-four (24) hours.  No such driver shall be
                    returned to duty, if at all, until the provisions of this rule and the federal regulations have been satisfied.

                3. Disciplinary action.  An employee receiving a test indicating a blood alcohol concentration of 0.04 or above or a
                    positive test for controlled substances shall be dismissed from employment except to the extent that any state or
                    federal law requires otherwise or the Superintendent determines that compelling mitigating circumstances exist.
                   A test indicating a blood alcohol concentration of 0.02 but less than 0.04 shall be grounds for discipline, up to and
                   including dismissal, except as limited by law.  The rules in this subsection are based on the general authority of
                    M.S.A.D. #31 as an employer.

                4. Referral.  A driver who violates District prohibitions listed in section V above will be given the names, addresses,
                    and telephone numbers of substance abuse professionals and counseling programs available to evaluate and
                    resolve drug and alcohol related problems.  The driver shall be evaluated by a substance abuse professional
                    who shall determine what assistance, if any, the employee needs in resolving problems associated with drug use
                    or alcohol misuse.

                5. Conditions of Reinstatement.  Before a driver is returned to safety-sensitive duties, if at all, the driver must:

                    1. Have been evaluated by a substance abuse professional
                    2. Have complied with any recommended treatment
                    3. Have taken a return-to-duty test with a result indicating an alcohol concentration level of less than 0.02
                        and/or a verified negative test for controlled substances.

                6. Other Rules.  Nothing contained in this Administrative Rule shall prevent the District or Department from
                    establishing and enforcing independent rules relating to the possession, being under the influence of, distribution,
                     sale, or use of alcohol or controlled substances or any misconduct associated therewith and the penalties for
                    violation of those rules, up to and including dismissal.

        XIV.  Information


                The Program Administrator will provide each driver subject to the Federal Motor Carrier Safety Regulations with a
                copy of this rule.  In addition, the Program Administrator will provide printed material which describes the effects of
                alcohol and/or controlled substances use or abuse on the individual's health, work, and personal life, as well as
                information on the signs and symptoms of an alcohol or controlled substances problem.

                Each driver must sign a statement certifying that he/she has received a copy of the above materials.

                Any driver who wishes to seek personal and confidential advice on an alcohol and/or controlled substances problem
                may contact the District Nurse.

         XV.  Notification

                The District will notify a driver of the results of a pre-employment drug test, if the driver requests such results within
                 60 calendar days of being notified of the disposition of his/her employment application.

                This District will notify a driver of the results of a drug test if the test results are verified positive.  The District will
                 also tell the driver which controlled substances were verified as positive.

Reviewed:   01/11/1999