4212.42 shasta coe all personnel drug and alcohol testing ... · all personnel drug and alcohol...

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SP 4112.42(a) 4212.42 Shasta COE 4312.42 All Personnel DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS The Superintendent desires to ensure that the Shasta County Office of Education provided transportation is safe for students, staff, and the public. To that end, the Superintendent or designee shall establish a drug and alcohol testing program designed to prevent the operation of buses or the performance of other safety-sensitive functions by a driver who is under the influence of drugs or alcohol, including a driver of a school bus, a student activity bus, or the driver of other school transportation vehicles used for the primary purpose of transporting students. (cf. 3540 – Transportation) (cf. 3542 – School Bus Drivers) (cf. 3543 – Transportation Safety and Emergencies) (cf. 4020 – Drug and Alcohol-Free Workplace) (cf. 4112.41/4212.41.4312,41 – Employee Drug Testing) A driver shall not report for duty or remain on duty when he/she has used any drug listed in 21 CFR 1308.11. A driver is also prohibited from reporting for duty or remaining on duty when he/she has used any drug listed in 21 CFR 1308.12-1308.15 unless he/she is using the drug under the direction of a physician who has advised him/her that the substance will not adversely affect the driver’s ability to safely operate a bus. However, there are no provisions for “medical” Marijuana in the transportation industry. A Medical “certificate” from a physician will not be legitimate to overturn a positive test in a medical review for a federally mandated test. (49 CFR 40 Part 137 (e) (2). In addition, a driver shall not consume alcohol while on duty or for four hours prior to on-duty time. (49 CFR 40 Part 382.201- 382.209, 382.213). The County Office’s testing program for drivers shall include pre-employment drug testing and reasonable suspicion, random, and post-accident drug and alcohol testing of drivers. (49 USC 31306; 49 CFR 40 Part 382.301-382.311). The County Office shall contract for testing services upon verifying that the personnel are appropriately qualified and/or certified and that testing procedures conform to federal regulations. The County Office has initiated a program with Compliance Associates, Inc., a California Corporation to assist the County Office in complying with federal drug and alcohol testing regulations for “safety sensitive function” positions as prescribed in 49 CFR 40 Part 382 of the Federal Motor Carrier Safety Regulations (FMCSA). Except as otherwise provided by law, the Superintendent or designee shall not release individual test results or medical information about a driver to a third party without the driver’s specific written consent. (49 CFR 40 Part 321)

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Page 1: 4212.42 Shasta COE All Personnel DRUG AND ALCOHOL TESTING ... · All Personnel DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS The Superintendent desires to ensure that the Shasta

SP 4112.42(a)

4212.42 Shasta COE 4312.42 All Personnel DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS The Superintendent desires to ensure that the Shasta County Office of Education provided transportation is safe for students, staff, and the public. To that end, the Superintendent or designee shall establish a drug and alcohol testing program designed to prevent the operation of buses or the performance of other safety-sensitive functions by a driver who is under the influence of drugs or alcohol, including a driver of a school bus, a student activity bus, or the driver of other school transportation vehicles used for the primary purpose of transporting students. (cf. 3540 – Transportation) (cf. 3542 – School Bus Drivers) (cf. 3543 – Transportation Safety and Emergencies) (cf. 4020 – Drug and Alcohol-Free Workplace) (cf. 4112.41/4212.41.4312,41 – Employee Drug Testing)

A driver shall not report for duty or remain on duty when he/she has used any drug listed in 21 CFR 1308.11. A driver is also prohibited from reporting for duty or remaining on duty when he/she has used any drug listed in 21 CFR 1308.12-1308.15 unless he/she is using the drug under the direction of a physician who has advised him/her that the substance will not adversely affect the driver’s ability to safely operate a bus. However, there are no provisions for “medical” Marijuana in the transportation industry. A Medical “certificate” from a physician will not be legitimate to overturn a positive test in a medical review for a federally mandated test. (49 CFR 40 Part 137 (e) (2). In addition, a driver shall not consume alcohol while on duty or for four hours prior to on-duty time. (49 CFR 40 Part 382.201-382.209, 382.213). The County Office’s testing program for drivers shall include pre-employment drug testing and reasonable suspicion, random, and post-accident drug and alcohol testing of drivers. (49 USC 31306; 49 CFR 40 Part 382.301-382.311). The County Office shall contract for testing services upon verifying that the personnel are appropriately qualified and/or certified and that testing procedures conform to federal regulations. The County Office has initiated a program with Compliance Associates, Inc., a California Corporation to assist the County Office in complying with federal drug and alcohol testing regulations for “safety sensitive function” positions as prescribed in 49 CFR 40 Part 382 of the Federal Motor Carrier Safety Regulations (FMCSA). Except as otherwise provided by law, the Superintendent or designee shall not release individual test results or medical information about a driver to a third party without the driver’s specific written consent. (49 CFR 40 Part 321)

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Consequences Based on Test Results Any driver who refuses to take a required drug or alcohol test, tests positive for drugs, or is found to have a blood alcohol concentration level that exceeds the levels specified by law shall be removed from performing safety-sensitive functions in accordance with 49 CFR 40 .23 and Part 382.211. No driver shall be temporarily removed from the performance of safety-sensitive functions based only on a laboratory report of a confirmed positive test before the certified medical review officer has completed verification of the test results, unless the County Office has obtained a waiver. (49 CFR 40.21, Part 382.107, 382.119) Not later than five days after receiving notification of the test result or refusal to comply, the Superintendent or designee shall report any refusal, failure to comply, or positive test result to the California Department of Motor Vehicles (DMV) using a form approved by the DMV. (Vehicle Code 13376).

A driver who has violated federal drug and alcohol regulations shall be subject to disciplinary action up to and including dismissal in accordance with law, administrative regulations, and the district’s collective bargaining agreement. (cf. 4117.4 – Dismissal) (cf. 4118 – Suspension/Disciplinary Action) (cf. 4218 – Dismissal/Suspension/Disciplinary Action)

The Shasta County Office of Education recognizes each individual’s value and contribution to the services the County Office provides to the customers, therefore, this policy is a “zero tolerance” policy. Legal Reference: EDUCATION CODE 35160 Authority of governing boards GOVERNMENT CODE 8355 Drug-free workplace; employee notification VEHICLE CODE 13376 Driver certificates; revocation or suspension 34500-34520.5 Safety regulations CODE OF REGULATIONS, TITLE 13 1200-1293 Motor carrier safety, especially: 1213.1 Placing drivers out-of-service UNITED STATES CODE, TITLE 41 8101-8106 Drug-Free Workplace Act UNITED STATES CODE, TITLE 49 31306 Alcohol and drug testing CODE OF FEDERAL REGULATIONS, TITLE 21 1308.11-1308.15 Controlled substances CODE OF FEDERAL REGULATIONS, TITLE 49 40.1-40.413 Procedures for transportation workplace drug and alcohol testing programs

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382.101-382.605 Drug and alcohol use and testing; especially: 382.205 On-duty use 382.207 Pre-duty use 382.209 Use following an accident Management Resources: CALIFORNIA HIGHWAY PATROL PUBLICATIONS Controlled Substances and Alcohol Testing Compliance Checklist, 2007 What is CSAT? Controlled Substances and Alcohol Testing, 2005

WEB SITES California Highway Patrol: http://www.chp.ca.gov Federal Motor Carrier Safety Administration: http://www/fmsca.dot.gov

U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance: http://www.dot.gov/ost/dapc

Adopted: November 19, 2013 Revised: November 3, 2015 by Cabinet SHASTA COUNTY OFFICE OF EDUCATION Redding, California

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AR 4112.42 (a) 4212.42 Shasta COE 4312.42 All Personnel DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS Definitions For purposes of drug testing required by the U.S. Department of Transportation (DOT), drugs included in the tests are marijuana, cocaine, amphetamines, phencyclidine (PCP), and opiates. (49 CFR 40.3, 40.85, Part 382.107). A POSITIVE drug test result is defined as the detection of any one or more of the substances listed in the table shown:

Initial test analyte Initial test cutoff

concentration Confirmatory test

analyte Confirmatory test cutoff

concentration

Marijuana metabolites 50 ng/mL THCA1 15 ng/mL.

Cocaine metabolites 150 ng/mL Benzoylecgonine 100 ng/mL.

Opiate metabolites

Codeine/Morphine2 2000 ng/mL Codeine 2000 ng/mL.

Morphine 2000 ng/mL.

6–Acetylmorphine 10 ng/mL 6–Acetylmorphine 10 ng/mL.

Phencyclidine 25 ng/mL Phencyclidine 25 ng/mL.

Amphetamines3

AMP/MAMP4 500 ng/mL Amphetamine 250 ng/mL.

Methamphetamine5 250 ng/mL.

MDMA6 500 ng/mL MDMA 250 ng/mL.

MDA7 250 ng/mL.

MDEA8 250 ng/mL

Medical Marijuana (49 CFR 40.137 (e) (2)) The Medical Review Officer during the review process has been directed under 49 CFR 40.134 (e)(2) that “there can be a legitimate medical explanation only with respect to a substance that has a legitimate medical use. Use of a drug of abuse (e.g. heroin, PCP, marijuana) or any other

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substance (see Part 40.151 (f) and (g) that cannot be viewed as having a legitimate medical use can never be the basis for a legitimate medical explanation, even if the substance is obtained legally in a foreign country.” Therefore, there are no provisions for “medical” Marijuana in the transportation industry. A medical “certificate” from a physician will not be legitimate to overturn a positive test in a medical review for a federally mandated test. Alcohol concentration or level means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath. For purposes of the DOT alcohol testing program, an alcohol level between 0.02 and 0.04 requires removal of the bus driver for a 24 hour period following the test. An alcohol level of 0.04 or higher requires immediate removal of the driver from performing safety-sensitive functions. (49 CFR 40 Part 382.107, 382.201, 382.505) 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. Safety-sensitive functions include, but are not limited to, all time driving or otherwise in the bus; waiting at a district facility to be dispatched; inspecting, servicing, or conditioning the bus or bus equipment; loading or unloading the bus; supervising or assisting in the loading or unloading of the bus; and repairing, obtaining assistance, or remaining in attendance upon a disabled bus. (49 CFR 40 Part 382.107) (cf. 3540 – Transportation) (cf. 3542 – School Bus Drivers) (cf. 3543 – Transportation Safety and Emergencies) (cf. 4020 – Drug and Alcohol-Free Workplace)

Designated Employer Representative The Superintendent or designee shall identify a designated employer representative and shall provide his/her name and telephone number to the testing contractor to contact about any problems or issues that may arise during the testing process. (49 CFR 40.35, 40.215) The designated employer representative is Cindy Gomes, Transportation Director, or Michele Lambert, Transportation Supervisor at phone number 530-225-0340. The designated employer representative shall be responsible for receiving test results and other communications, taking immediate action(s) to remove drivers from safety-sensitive functions, and making other required decisions in the testing and evaluation processes. (49 CFR 40.3) Type of Drug and Alcohol Testing Required Pre-Employment Testing When hiring a new driver, the Superintendent or designee shall, with the driver’s written consent, request the driver’s past drug and alcohol testing record, as specified in 49 CFR 40.25, from any employer who has employed the driver at any time during the previous three years. In

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addition the Superintendent or designee shall ask the driver if he/she tested positive, or refused to test, on any pre-employment drug or alcohol test that was administered during the past three years in the course of applying for another safety-sensitive transportation position that he/she did not obtain. The driver shall not be permitted to perform safety-sensitive functions if he/she refuses to provide consent to obtain the information from previous employers, the information from previous employers is not received within 30 days of the date on which the driver first performed safety-sensitive functions for the County Office, or the driver or a previous employer reports a violation of a drug or alcohol regulation and the driver has not completed the return-to-duty process including all follow up testing procedures. (49 CFR 40.25, Part 382.413) Any prior violations within the three year reporting limit will disqualify the applicant for a school bus driver position with SCOE. Upon making a contingent offer of employment to a driver and prior to the first time the driver performs safety-sensitive functions for the County Office, the Superintendent or designee shall require the driver to undergo testing for drugs and to receive a verified negative test result. Drug test results, which are verified as positive for unauthorized use of controlled substances, will disqualify the applicant for a school bus driver position. Post-Accident Testing As soon as practicable following an accident involving a school bus or student activity bus, the Superintendent or designee shall ensure that the driver involved is tested for alcohol and/or controlled substances under either of the following conditions: (49 CFR 40 Part 382.303)

1. The accident involved loss of human life. 2. The driver receives a citation within eight hours of the accident for a moving traffic

violation arising from the accident and the accident involved bodily injury to a person who required immediate medical treatment away from the scene of the accident, and/or disabling damage to one or more vehicles requiring towing.

The Superintendent or designee shall attempt to administer a required alcohol test up to eight hours following the accident and/or a drug test up to 32 hours following the accident. The results of an alcohol or drug test conducted by federal, state, or local officials having independent authority for the test shall be considered to meet this requirement. If the alcohol test is not administered within two (2) hours following the accident, or the test for drugs is not administered within thirty two (32) hours following the accident, the Superintendent or designee shall make a record stating the reasons the test was not promptly administered. (49 CFR 40 Part 382.303) An agent and/or employee who is seriously injured and cannot provide a specimen for testing may be requested to authorize the release of relevant hospital records and/or other documentation that would indicate whether there were any controlled substances in his/her system at the time of the accident.

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Random Testing The Superintendent or designee shall ensure that random, unannounced drug and alcohol tests for bus drivers are conducted on testing dates reasonable spread throughout the year. Such tests shall be conducted during, immediately before, or immediately after the performance of safety-sensitive functions. (49 CFR 40 Part 382.305) The Superintendent or designee shall ensure that the percentage of County Office drivers randomly tested for drugs and alcohol meets or exceeds the minimum annual percentage rates specified in 49 CFR 40 Part 382.305. Current percentage requirements state that at least 50% of the number of individuals in the Compliance Associates, Inc. consortium will be tested for drugs and at least 10% will be tested for alcohol. This will be completed annually, as required by DOT drug testing regulations. Each driver selected for random testing shall have an equal chance of being tested each time selections are made. (49 CFR 40 Part 382.305) The Program Coordinator of Compliance Associates, Inc. will notify the employer(s) of which covered driver(s) came up in the random draw and must report to the clinic for testing. The employer(s) will notify the employee(s) of their report time to the designated clinic. Reasonable Suspicion Testing A driver shall be required to submit to a drug or alcohol test whenever the Superintendent or designee has reasonable suspicion that the driver has violated the prohibitions against the use of drugs or alcohol. Such reasonable suspicion shall be based on specific, contemporaneous, articulable observations, conducted during, immediately before, or immediately after the performance of safety-sensitive functions, concerning the driver’s appearance, behavior, speech, and/or body odors. Reasonable suspicion of drug use may also include indications of the chronic and withdrawal effects of drugs. (49 CFR 40 Part 382.307) The person who makes the required observations for reasonable suspicion testing for drugs or alcohol shall be trained in accordance with 49 CFR 40 Part 382.603. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not be the same person who conducts the alcohol test. (49 CFR 40 Part 382.307) Within 24 hours of the observed behavior or before the results of the drug or alcohol test are released, whichever is earlier, the Superintendent or designee shall prepare and sign a written record of the observations leading to a reasonable suspicion test. (49 CFR 40 Part 382.307) An alcohol test required as a result of reasonable suspicion shall be administered within eight (8) hours following the determination of reasonable suspicion. If the test is not administered with two (2) hours, the Superintendent or designee shall prepare and maintain on file a record stating the reasons the test was not promptly administered. (49 CFR 40 Part 382.307)

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In the absence of a reasonable suspicion alcohol test, the County Office shall take no action against a driver based solely on the driver’s behavior and appearance, except that the driver shall not be allowed to report for or remain on safety-sensitive functions until an alcohol test is administered and the results show a concentration less than 0.02 or 24 hours have elapsed following the determination of reasonable suspicion. (49 CFR 40 Part 382.307) Testing Procedures Drug Testing Urine specimen collection for drug testing will be performed by qualified individuals in conformance with current standards of practice under 49 CFR Part 40, using chain of custody procedures specified by Federal Motor Carrier Safety Administration (FMSCA) regulations. All testing will be performed with respect for the privacy and dignity of the person giving the specimen. No unauthorized person(s) will be allowed in any part of the designated collection site(s) where specimens are collected or stored. Only collection site personnel may handle specimens prior to their securement in the mailing container. Only laboratories certified by the Substance Abuse and Mental Health Administration (SAMHSA) of the U.S. Department of Health and Human Services (DHHS) will perform drug testing. Drug Test Results Review A confirmed positive test from a certified laboratory does not automatically identify an agent, employee, or applicant as having used drugs in violation of a DOT regulation. The MRO brings detailed knowledge of possible alternate medical explanations to his or her review of the test results. This review is performed by the MRO prior to the transmission of confirmed results to the employer. A drug test result on a covered driver will be considered positive ONLY if it is initially confirmed positive by gas chromatography-mass spectrometry (GC-MS) that has undergone review and final verification by the Medical Review Officer (MRO). Medical Review Officer Role The MRO is a licensed physician who is a doctor of medicine or osteopathy with knowledge of controlled substance abuse disorders, symptoms, treatment, and toxicology. The primary function of the MRO is to review, interpret, and report positive test results of the employee. The MRO or his/her authorized representative will also report negative test results.

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Before reporting a positive drug result on a covered driver, the MRO will give the “donor” a chance to discuss it. If a prescription drug is involved, the donor will be asked to provide the name of the medication and the prescribing physician’s name for verification. The MRO may review the employee, or applicant’s medical history, any relevant biomedical factors, and medical records made available by the employee or applicant to determine whether a positive test resulted from legally prescribed medication before verifying a test as “positive” or “negative.” When an initial screening test for drugs is positive, a second, confirmatory test will automatically be performed. This secondary, confirmatory test, also referred to as a “split sample” test must be requested to be performed by the donor of the sample. The function of the split sample test is to verify that the lab analysis on the original sample was properly conducted and is not an opportunity for the donor to provide an additional sample for analysis. The donor must notify the MRO of a desire to exercise this option within 72 hours of being notified of the positive result. Payment of the split sample test will be the responsibility of the donor and must be paid to the MRO in advance, at which time the MRO will direct the testing laboratory to ship the “split” specimen to a second SAMHSA certified laboratory of the donor’s choice. Confirmed positive drug tests will be reported by the testing laboratory to the MRO for verification and contact with the donor. If the donor is unable to provide a sufficient reason for the positive screening the MRO will “confirm” and report the test results out as positive, first to the donor then secondarily to the Compliance Associates, Inc. Consortium Program Coordinator and/or designated employer representative. Breath Alcohol Testing Breath Alcohol testing will be performed only by qualified Breath Alcohol Technicians (BAT) in conformance with current standards of practice under 49 CFR Part 40, using evidential breath alcohol testing devices listed on the Conforming Products List of the National Highway Traffic Safety Administration (NHTSA). All testing will be performed with respect for the privacy and dignity of the person giving the specimen. No unauthorized person(s) will be allowed in any part of the designated collection site(s) where specimens are collected. Initial screenings tests for breath alcohol with results below 0.02 requires no further action. Breath alcohol tests with results of 0.02 or above will be confirmed as follows:

1. The individual being tested is instructed not to smoke, use mouthwash, drink, or eat for a period of not less than 15 minutes or more than 30 minutes after the initial screening test.

2. Within 30 minutes of completion of the initial screening test, a confirmation breath test

is conducted per 49 CFR Part 40. The result is recorded in the “Confirmation Test Results” section of the Alcohol test form.

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If the result of the confirmatory breath alcohol test is 0.02 or greater, the BAT must immediately notify the County Office, who will arrange for transportation of the individual from the alcohol-testing site. The BAT will then forward a copy of the Alcohol Test Form to Compliance Associates, Inc. and a copy will be forwarded to the County Office. The driver will then be removed from performing a safety-sensitive function as prescribed. Failure to Cooperate (49 CFR 40 Part 382.211) Any covered driver who refuses to take a drug or alcohol test to comply with Federal Motor Carrier Safety Administration will be immediately removed from duty performing a safety- sensitive function as required by these federal regulations. A refusal under 49 CFR 40 Part 382 is considered to have the same ramifications as a positive test result. Prohibited Driver Conduct No driver shall report for duty or remain on duty requiring the performance of a safety-sensitive function when the driver uses any controlled substances with the exception of the instructions of a physician who has advised the driver that the substance does not adversely affect the driver’s ability to safely operate a commercial motor vehicle. No driver shall report for duty or remain on duty requiring the performance of safety sensitive functions while having an alcohol concentration of 0.02 or greater. No driver shall consume alcohol while performing safety-sensitive functions or within four hours of performing safety-sensitive functions. No driver required to take a post-accident test under 49 CFR 40 Part 382.303 shall consume alcohol for eight hours following the accident, or until he/she undergoes a post accident alcohol test, whichever occurs first. No driver shall refuse to submit to a post accident alcohol or controlled substance test required under 49 CFR 40 Part 382.303, a random alcohol or controlled substance test required under 49 CFR 40 Part 382.305, or a reasonable suspicion alcohol or controlled substance test required under 49 CFR 40 Part 382.307. Employment Status If a driver tests positive for drugs or alcohol, the employee will be placed immediately in unpaid status effective the date the office receives the test results. Covered drivers who have had a verified positive drug test or a confirmed alcohol result of 0.04 or above will be immediately removed from their safety sensitive function position and referred to a Substance Abuse Professional for evaluation. The employee is not eligible for sick leave or vacation benefits. Should a split sample be tested and reverse the initial decision, back payment for wages and split-sample lab test fees will be made. The County Office will continue medical insurance benefits not to exceed three months. The three-month maximum is not an annual benefit, but a one-time benefit. As this policy is written as a “zero tolerance” policy, it is the intent of the

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County Office to proceed with termination of any employee violating the Drug and Alcohol Policy. Nothing in this section is intended to conflict with the Collective Bargaining Agreement. Education and Training As required by 49 CFR 40 Part 382.601 (a),(b),(11),(d), information is provided in the appendix of this policy regarding the effects of alcohol and controlled substances use on an individual’s health, work, and personal life along with signs and symptoms of an alcohol or controlled substance problem. Any driver who has tested positive for either alcohol or controlled substances shall receive a list of resources available for referral, evaluation, and treatment of drug or alcohol related problems. This list will include names, addresses, and telephone numbers of substance abuse and alcohol misuse professionals and counseling and treatment programs. The driver will be responsible for all costs incurred in these programs. At the time of hire, employees subject to safety sensitive function positions will receive a copy of the Drug and Alcohol Testing Policy. Employees will be informed of their responsibilities with respect to compliance with the federal drug and alcohol testing regulations and employees will be required to sign the policy Certificate of Receipt for acknowledging receipt of this information. Notifications The Superintendent or designee shall provide each driver with materials explaining the federal regulations and the County Office’s policy and procedure relating to drug and alcohol testing and shall notify representatives of employee organizations of the availability of this information. Each of the items below are listed and explained in the body of this written policy. This information shall include a detailed discussion of at least the following: (49 CFR 382.303, 382.113, 382.601)

1. The identity of the person designated by the County Office to answer driver questions about the materials. (AR– Designated Employer Representative)

2. The categories of drivers who are subject to drug and alcohol testing. (BP)

3. Sufficient information about the safety-sensitive functions performed by those drivers to make clear what period of the workday the driver is required to be in compliance. (AR– Safety-Sensitive Functions)

4. Specific information concerning prohibited driver conduct. (AR –Prohibited Driver

Conduct)

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5. The circumstances under which a driver will be tested for drugs and/or alcohol,

including post-accident testing. (AR Type of Drug and Alcohol Testing Required)

6. The procedures that will be used to test for the presence of drugs and alcohol, 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. (AR – Testing Procedures)

7. The requirement that a driver submit to drug and alcohol tests. (AR– Prohibited

Driver Conduct)

8. An explanation of what constitutes a refusal to submit to a drug or alcohol test and the attendant consequences. (AR –Failure to Cooperate – Employment Status)

9. The consequences for drivers found to have violated the prohibitions against drug or

alcohol use, including the circumstances under which drivers will be removed immediately from safety-sensitive functions and the requirements for education, treatment and return-to-duty testing. (AR- Employment Status)

10. The consequences for drivers found to have a blood alcohol concentration between

0.02 and 0.04. (AR - Prohibited Driver Conduct)

11. Information concerning the effects of drug and alcohol use on an individual’s health, work, and personal life; signs and symptoms of a drug or alcohol problem (the driver’s or a co-worker’s); and available methods of intervening when a drug or alcohol problem is suspected, including confrontation, referral to any employee assistance program, and/or referral to management. (AR –Education and Training, Driver Handout Material)

(cf. 4112.9/4212.9/4312.9 – Employee Notifications)

Each driver shall sign a statement certifying that he/she has received a copy of the above materials. The Superintendent or designee shall maintain the original of the signed certificate and may provide a copy of the certificate to the driver. (49 CFR 40 Part 382.601) Communication of Results The MRO or his/her designated representative will report test results to the Compliance Associates, Inc. Program Coordinator. Confidentiality will be strictly maintained. If the result is positive, the MRO or his/her authorized representative will report the identity of the controlled substance. Employees and applicants may obtain copies of their test results by requesting them in writing from the MRO within 30 days of being notified of the results.

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Records Employee drug and alcohol test results and records shall be maintained under strict confidentiality and released only in accordance with the law. Separate files will be maintained by the Office of Human Resources for drug and alcohol testing results. 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 identified persons only as expressly requested in writing by the driver. (49 CFR 40 Part 328.405) (cf. 3580 – District Records)

Compliance Associates, Inc. will maintain controlled substance and alcohol testing records, which will include but not be limited to, employer chain of custody forms, controlled substance and/or alcohol test results, semi-annual reports and annual reports in a secure filing system. Copies will be made available to the County Office and/or regulatory agencies within 48 hours of request. Record Retention Compliance Associates, Inc. along with the County Office will maintain the following schedule of recordkeeping: Negative and canceled drug test records; records of alcohol Test results less than 0.02 1 Year Records related to the alcohol and controlled substance collection process 2 Years Records related to the education and training of BAT’s SST’s, and supervisors Indefinitely Records related to the education and training of covered drivers shall be maintained by the employer while the individual performs the functions which require the training and for two years after ceasing to perform those functions. Indefinitely/2 Years Records of verified positive drug test results; alcohol test results of 0.02 or greater; refusals to be tested for drugs or alcohol; SAP evaluations and referrals. 5 years Records related to the administration of the alcohol and controlled substances testing program. 5 years

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Documentation of EBT calibration. 5 years Calendar year record of total number of employee’s tested and the results of tests. 5 years

Regulation Adopted: October 10, 2001 Revised: November 19, 2013 Revised: November 3, 2015 by Cabinet SHASTA COUNTY OFFICE OF EDUCATION Redding, California