406 STAFF PERSONNEL HEALTH AND SAFETY

*Adopted:  12/13/10

*Reviewed:  03/12/12

*Reviewed: 04/10/17

*Reviewed: 04/11/22

 

406.1 HEALTH AND SAFETY

 

It is the policy of this District to ensure, so far as possible, that every employee has a safe and healthful place in which to work.  It is also the policy of this District to help each employee recognize his/her responsibilities for safe employment, and require that he/she adhere to those responsibilities.
 
Physical Examinations
 
Employees will be required to submit to a pre-employment physical examination, after an offer of employment has been made and before the beginning of service.  The District will provide the standard examination form to be completed by an appropriately licensed health care provider who performs the physical examination.  A written report of the physical examination shall be submitted to the District.  The date by which any such physical examination report shall be submitted to the district shall be determined by the Superintendent.
 
Bus drivers will be examined using all applicable state and federal criteria at the beginning of employment and upon expiration of their certificate from their medical examiner.
 
Fitness-for-duty examinations may be required following an absence from work due to illness, if there is a reasonable belief that the employee is unable to perform the essential functions of the job, or if there is a reasonable belief that the employee poses a direct threat to the employee or others because of a health condition.  A direct threat occurs when an individual poses a significant risk of substantial harm to him/herself or others and the risk cannot be reduced below the direct threat level through reasonable accommodations.
 
All information regarding the medical condition or history of an employee must be kept in files separate from the employee’s personnel records and treated as a confidential medical record subject to state and federal confidentiality laws.
 
The cost of an initial physical examination is set through negotiations and the certified bargaining unit for certified staff as well as a bargaining unit for classified staff.
 
Communicable Diseases
 
The District recognizes that some employees with a communicable disease, as defined by law, may be able to attend to their customary employment duties without creating a risk of transmission of the illness to the students or other employees.  The District also recognizes that there may be a greater risk of transmission of some communicable diseases for some employees with certain conditions than for other employees infected with the same disease.
 
Employees with a communicable disease will be allowed to perform their customary duties, provided they are able to perform the essential functions of their position and their presence does not pose a direct threat.  A direct threat occurs when an individual poses a significant risk of substantial harm to him/herself or others and the risk cannot be reduced below the direct threat level through reasonable accommodations.
 
An employee who is at work and who has a communicable disease that poses a direct threat, as defined above, shall report the condition to the Superintendent any time the employee is aware that the employee’s condition poses a direct threat.  Any individual who has information that a District employee may have a communicable disease is encouraged to report the information to the Superintendent.
 
The Superintendent shall determine on a case-by-case basis whether the presence of an employee with a communicable disease in the District environment constitutes a direct threat.  In making this determination, the Superintendent shall consider credible, objective evidence.  If the Superintendent, after reviewing the credible, objective evidence, determines the employee’s presence may constitute a direct threat, the Superintendent may request additional medical information from the employee’s physician (with the employee’s consent), a physician chosen by the District or public health officials, to confirm the Superintendent’s determination.
 
Upon order of the Iowa Department of Health or local board of health, an individual with a suspected or active quarantinable disease shall not attend the workplace or school and shall not be present at other public places until the individual receives the approval of the department or a local board of health to engage in such activity. Upon order of the department or local board of health, employers, schools and other public places shall exclude an individual with a suspected or active quarantinable disease. An individual may also be excluded from other premises or facilities if the department or a local board of health determines the premises or facilities cannot be maintained in a manner adequate to protect others against the spread of the disease.
 
All information regarding the medical condition or history of an employee must be kept in files separate from the employee’s personnel records and treated as a confidential medical record subject to state and federal law.
 
*Adopted:  12/13/10
* Revised:  03/12/12
*Revised: 12/15/15
*Reviewed: 04/10/17
*Revised: 05/11/20
*Reviewed: 04/11/22
 

406.2 UNIVERSAL PRECAUTIONS

Universal precautions (“UPs”) are intended to prevent transmission of infection, as well as decrease the risk of exposure for employees and students.  It is not currently possible to identify all infected individuals, thus precautions must be used with every individual.  UPs pertain to blood and other potentially infectious materials (“OPIM”) containing blood.  These precautions do not apply to other body fluids and wastes (“OBFW”) such as saliva, sputum, feces, tears, nasal secretions, vomitus and urine unless blood is visible in the material.  However, these OBFW can be sources of other infections and should be handled as if they are infectious.
 
The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations.  Based on the type of possible contact, employees and students should be prepared to use the appropriate precautions prior to the contact.  Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control.  All individuals should respond to situations practicing UPs followed by the activation of the school response team plan.  Using common sense in the application of these measures will enhance protection of employees and students.
 
Hand Washing
 
Proper hand washing is crucial to preventing the spread of infection.  Textured jewelry on the hands or wrists should be removed prior to washing and kept off until completion of the procedure and the hands are rewashed.  Use of running water, lathering with soap and using friction to clean all hand surfaces is key.  Rinse well with running water and dry hands with paper towels.
  • Hands should be washed before physical contact with individuals and after contact is completed.
  • Hands should be washed after contact with any used equipment.
  • If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.
  • Hands should be washed whether gloves are worn or not and, if gloves are worn, after the gloves are removed.
 
Barriers
 
Barriers anticipated to be used at school include disposable gloves, absorbent materials and resuscitation devices.  Their use is intended to reduce the risk of contact with blood and body fluids as well as to control the spread of infectious agents from individual to individual.  Gloves should be worn when in contact with blood, OPIM or OBFW.  Gloves should be removed without touching the outside and disposed of after each use.
 
Disposal of Waste
 
Blood, OPIMs, OBFWs, used gloves, barriers and absorbent materials should be placed in a plastic bag and disposed of in the usual procedure.  When the blood or OPIM is liquid, semi-liquid or caked with dried blood, is not absorbed in materials, and is capable of releasing the substance if compressed, special disposal as regulated waste is required.  A band-aid, towel, sanitary napkin or other absorbed waste that does not have the potential of releasing the waste if compressed would not be considered regulated waste.  It is anticipated schools would only have regulated waste in the case of a severe incident. Needless, syringes and other sharp disposable objects should be placed in special puncture proof containers and disposed of as regulated waste.  Bodily wastes such as urine, vomitus or feces should be disposed of in the sanitary sewer system.
 
Clean Up
 
Spills of blood and OPIM should be cleaned up immediately. The employee should do the following:
  • Wear gloves;
  • Clean up the spill with paper towels or other absorbent material;
  • Use a solution of one part household bleach to one hundred parts of water (1:100) or other EPA-­approved disinfectant and use it to wash the area well;
  • ·Dispose of gloves, soiled towels and other waste in a plastic bag;
  • Clean and disinfect reusable supplies and equipment.
 
Laundry
 
Laundry with blood or OPIM should be handled as little as possible with a minimum of agitation.  It should be bagged at the location.  If it has the potential of releasing the substance when compacted, regulated waste guidelines should be followed.  Employees who have contact with this laundry should wear protective barriers.
 
Exposure
 
An exposure to blood or OPIM through contact with broken skin, mucous membrane or by needle or sharp stick requires immediate washing, reporting and follow-up.  The employee should do the following:
  • Always wash the exposed area immediately with soap and water;
  • If a mucous membrane splash (a splash into the eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly;
  • If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.
  • The exposure should be reported immediately, the parent or guardian should be notified, and the person exposed should contact a physician for further health care.
 
 
*Adopted:  12/13/10
*Reviewed:  03/12/12
*Reviewed: 4/10/17
*Reviewed: 4/11/22
 

406.3 SUBSTANCE-FREE WORKPLACE

The Board requires the District and its employees to remain substance-free.  No employee engaged in work for the District shall manufacture, distribute, dispense, possess, use or be under the influence of on or in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcohol or any other controlled substance as defined by federal or state law.  “Workplace” is defined as the site for the performance of work done in the capacity as a District employee. This includes a school building or school premises; a school-owned vehicle or a school-approved vehicle used to transport students to and from school or school activities; and off school property during a school sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the District.
 
Employees shall notify their supervisor of the employee's conviction under any criminal drug status for a violation occurring in the workplace as defined above, no later than five (5) days after such conviction.
 
Employees shall abide by the terms of this policy respecting a substance-free workplace. Failure to abide by this policy may lead to discipline, including termination from employment with the District. An employee who violates the terms of this policy may be required to participate in a drug abuse assistance or rehabilitation program approved by the Board.  If the employee fails to successfully participate in such a program, the employee may be subject to discipline, including termination. Furthermore, the District may choose not to require participation in a drug abuse assistance or rehabilitation program and move directly to discipline, including termination.
The District office shall be responsible for publication and dissemination of this policy to each employee.
 
 
*Revised:   02/7/94
*Reviewed:  05/13/02
*Revised:  12/11/06
*Revised:  12/13/10
*Reviewed:  03/12/12
*Revised:  06/10/13
*Reviewed: 4/10/17
*Revised: 4/11/22
 

406.4 USE OF TOBACCO PRODUCTS BY EMPLOYEES

It is the goal of the Board to have a smoke and tobacco-free environment in all District owned and operated motor vehicles and buildings. All District owned or operated motor vehicles, buildings or school owned/leased property shall be off limits for smoking and/or using tobacco products. This ban extends to all individuals.
 
Persons violating this policy shall be asked to refrain from smoking and/or using tobacco products. Persons failing to abide by this request shall be required to leave the District premises/property immediately.
 
The Board encourages spectators to refrain from smoking and/or using tobacco products at all outdoor school sponsored or school approved events.
 
It shall be the responsibility of all school personnel to adhere to and enforce this policy.
 
*Adopted:  12/13/10
*Reviewed:  03/12/12
*Reviewed: 4/10/17
*Reviewed: 4/11/22
 

 

406.5 DRUG AND ALCOHOL TESTING OF PERSONNEL OPERATING DISTRICT VEHICLES

The purpose of this policy is to provide guidance with respect to drug and alcohol testing of District employees who drive a type II school vehicle (i.e., Suburban or similar vehicle) in a safety-sensitive position; who drive a vehicle transporting sixteen (16) or more persons, including the driver, requiring a commercial driver's license; and who drive vehicles weighing over 26,001 pounds requiring a commercial driver's license.  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 perform safety-sensitive functions and are subject to pre-employment drug testing and random, reasonable suspicion, post-accident drug and alcohol testing.  Employees operating school vehicle shall not perform a safety-sensitive function within four (4) hours of using alcohol.
 
Employees governed by this policy shall be subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles. They will 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 it is defined in the administrative regulations.  Employees with questions about the drug and alcohol-testing program may contact the school district's Director of Operations at 6015 Railroad Avenue, Glenwood, Iowa 51534.
 
Alcohol and drug testing of employees and applicants shall be conducted in accordance with state and federal law.  Refusal by an employee to submit to alcohol or drug tests shall result in immediate suspension and shall be grounds for termination. Any employee of the District who tests positive for alcohol or drug use in violation of District policies and procedures may, on the first offense, be subject to discipline, including termination, and/or may be referred for substance abuse evaluation and rehabilitation. The employee shall not return to work until released by a licensed substance abuse professional approved by the District and until all other requirements are met.  A second offense will result in immediate termination of the employee’s employment with the District.
 
The Superintendent/designee will publicize and disseminate this policy and its supporting administrative regulations to all employees operating school vehicles. The Superintendent/designee shall inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.
 
It is the responsibility of the Superintendent/designee to develop administrative regulations to implement this policy in compliance with the law.
 
*Adopted:  3/10/97
*Revised:  5/10/99
*Reviewed:  05/13/02
*Revised:  12/11/06
*Revised:  12/13/10
*Revised:  03/12/12
*Revised:  09/16/13
*Reviewed: 4/10/17
*Reviewed: 4/11/22
 

406.5R DRUG AND ALCOHOL TESTING OF PERSONNEL OPERATING DISTRICT VEHICLES REGULATIONS

These procedures support the Alcohol and Drug Testing policy required for employees operating school vehicles, and establish and explain the requirements of the District's Alcohol and Drug Testing policy required for employees operating school vehicles.  Note the definition of terms is included at the end of this policy.
  1. Questions regarding the policy, its supporting procedures or the alcohol and drug testing program may be directed to the District contact person, the assistant-to-the-Superintendent, with the Superintendent serving as an alternate.
  2. Covered Drivers
    1. To be covered under this Alcohol and Drug Testing Policy, a driver must be one (1) of the following:
      1. “DOT Regulated Driver”: Drivers With Commercial Driver’s Licenses who:
        1. Drive a vehicle transporting sixteen (16) or more persons, including the driver, or drive a vehicle weighing over twenty-six thousand pounds; and
        2. Require a commercial driver's license to hold the driver position.
      2. “Non-DOT Regulated Drivers”: Drivers With or Without Commercial Driver’s Licenses who:
        1. Drive a type II vehicle (i.e., Suburban or similar vehicle); and
        2. Drive in a safety-sensitive position.
    2. Covered drivers include, but are not limited to, the following:
      1. Full-time, regularly employed drivers;
      2. Applicants seeking a position as a driver;
      3. Casual, intermittent or occasional drivers;
      4. Leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to District or who operate a school vehicle at the direction of or with the consent of the District.
  3. Prohibited Driver Conduct
    1. Drivers shall not report to duty or remain on duty with a 0.04 or greater breath alcohol concentration.
    2. Drivers shall not use alcohol at least four (4) hours prior to the performance of a safety sensitive function.
    3. Drivers shall not possess alcohol while on duty unless the alcohol is manifested and transported as part of a shipment.  This includes possessing prescriptions and over-the-counter medicines containing alcohol, unless the packaging seal is unbroken.
    4. Drivers required to take a post-accident alcohol test shall not use alcohol within eight (8) hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.
    5. Drivers shall not refuse to submit to an alcohol or drug test. A refusal to test is considered a positive test result requiring the driver to undergo evaluation by a substance abuse professional (SAP) and subjecting the driver to discipline up to and including termination.
    6. Drivers shall not report for duty or remain on duty when using any drug except when instructed by a physician who has advised the driver that the drug does not adversely affect the driver's ability to safely operate a school vehicle.
    7. Drivers shall not report for duty when under the influence of drugs, or remain on duty performing a safety sensitive function if the driver has a positive drug test result.
  4. Alcohol Testing Procedures
    1. An employee driver's saliva and/or breath are tested for alcohol.
    2. Alcohol screening devices (ASDs) are used to conduct the initial alcohol test.  The initial alcohol breath test determines whether the driver's breath alcohol concentration (BAC) is less than 0.02.
      1. An initial alcohol test result of less than 0.02 BAC allows the driver to continue to drive.
      2. An initial alcohol test result of 0.02 BAC or greater requires a confirmation test.
    3. Evidentiary breath testing devices (EBTs) are used to conduct the confirmation alcohol test. The confirmation alcohol breath test determines whether the driver can continue to drive.
      1. A confirmation alcohol test result of less than 0.02 BAC allows the driver to continue to drive.
      2. A confirmation alcohol test result of 0.02 BAC or more, but less than 0.04 BAC, requires the driver to cease performing a safety sensitive function for 24 hours.
      3. A confirmation alcohol test result of 0.04 BAC or greater requires the driver to be evaluated by a SAP.
    4. Alcohol testing is conducted at collection sites that provide privacy to the driver and contain the necessary equipment, personnel and materials.
      1. Alcohol testing is conducted at a designated non-school District facility unless a mobile unit or a District facility better serves the situation.
      2. In the event privacy cannot be assured, privacy will be provided to the extent practical.
    5. Initial Alcohol Testing Steps
      1. Once the driver is informed of the need to submit to an alcohol test, the driver must proceed immediately to the collection site.  Collection site personnel must immediately contact the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, if a driver does not arrive at the specified time.
      2. Upon arrival, the driver must provide photo identification.
      3. The testing procedure is explained to the driver by the collection site person.
      4. The breath alcohol technician (BAT) or the screening test technician (STT) and the driver complete and sign the appropriate sections of the alcohol testing form.
        1. Refusal of the driver to sign the form prior to the initial alcohol test is considered a refusal to test.
        2. The District is notified immediately of the driver's refusal to sign.
    6. Evidentiary Breath Device Procedures
      1. The driver forcefully blows into the mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.
      2. The breath alcohol test is stopped when the driver fails twice to provide an adequate amount of breath. In that case:
        1. A physician analyzes the driver's inability to provide adequate breath;
        2. Failure to provide adequate breath is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate breath; and
        3. A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.
      3. The results of the screening alcohol test are shared with the driver.
    7. Saliva Alcohol Testing Device Procedures
      1. The driver and the collection site person review the expiration date of the saliva alcohol testing device, and if the date is valid, the packaging is opened.
      2. The driver or collection site person places the swab in the driver's mouth until the swab is completely saturated.  If the alcohol test is started again, only the collection site person may place the swab in the driver's mouth.
      3. The saliva alcohol testing device is activated with the saturated swab in place.
      4. The saliva alcohol test is stopped when the driver fails twice to provide an adequate amount of saliva. In that case:
        1. The District is informed; and
        2. The driver must submit to a breath alcohol test immediately.
      5. The saliva testing device results are read two (2) minutes, and no later than fifteen (15) minutes, after the saliva testing device was activated.
      6. The results are shared with the driver.
    8. Confirmation Alcohol Testing Procedures
      1. The confirmation test is done between fifteen (15) and twenty (20) minutes of the initial test whether or not the driver followed the requirements to not eat, drink, put any object or substance in their mouth and, to the extent possible, not to belch during the fifteen minute waiting period.  Not belching will help avoid accumulation of mouth alcohol leading to an artificially high reading.
      2. If a different collection site or a different collection site person is used for the confirmation alcohol test, the driver must provide photo identification.
      3. The testing procedure is explained to the driver by the collection site person.
      4. The BAT and the driver complete and sign the appropriate sections of the alcohol testing form.
        1. Refusal of the driver to sign the form prior to the confirmation alcohol test is considered a refusal to test.
        2. The District is notified immediately of the refusal to sign.
      5. The driver forcefully blows into the EBT mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.
      6. The confirmation test results, which are the final and official test result, are shared with the driver.
      7. The driver and BAT must sign the alcohol testing form following completion of the test. Failure to sign the form after the test is not considered a refusal to test. However, BAT notes the driver's refusal to sign in the remarks section of the form.
      8. The BAT informs the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, of the results of the test in a confidential manner.
        1. The BAT notifies the assistant-to-the-Superintendent, with the Superintendent serving as an alternate immediately, either in writing, in person, by telephone, or by electronic means of confirmation alcohol test results of 0.02 BAC or more.
        2. If the BAT informs the assistant-to-the-Superintendent. with the Superintendent serving as all alternate, by telephone, the District verifies that the BAT is the person on the telephone.
        3. The BAT provides the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, with a copy of the breath alcohol testing form if written communication was not used to report the test results.
      9. Potentially incomplete tests or invalid alcohol tests are repeated with corrected procedures.
  5. Drug Testing Procedures

    1. Driver's urine is tested for marijuana, cocaine, opiates, amphetamines, ecstasy, heroin, oxycodone, oxymorphone, hydrocodone, hydromorphone, and phencyclidine (PCP).

    2. A split sample urine test is used to conduct the drug test.
      1. A negative drug test result allows the driver to continue to perform a safety sensitive function.
      2. A positive drug test result on the primary sample requires the driver to be removed from performing a safety sensitive function.
      3. A positive drug test result on the primary sample allows the driver an opportunity to request the split sample be tested by another laboratory at the driver's expense for the specific drug found in the primary sample. A negative drug test result on the split sample results in a negative drug test result.
      4. A driver's refusal to test is considered a positive drug test result.
      5. A positive drug test result requires the driver to be evaluated by a SAP.
    3. Drivers taking medication at a doctor's direction may perform a safety sensitive function if the doctor determines there is not an adverse affect on performing a safety sensitive function and the District is informed in writing of the medication and doctor's opinion.
    4. Drug testing is conducted to provide privacy to the driver and where the necessary equipment, personnel and materials are located.
      1. Drug testing is conducted at a designated non-school District facility unless a mobile unit or a District facility that complies with all legal requirements better serves the situation.
      2. In the event privacy cannot be assured, privacy is provided to the extent possible.  However, direct observation is allowed if:
        1. Reasons exist to believe the driver may alter or substitute the specimen;
        2. The driver presents a specimen with a temperature outside the allowed range and does not provide an oral body temperature or the oral body temperature varies from the specimen provided;
        3. The last specimen provided by the driver was determined by the laboratory to not meet gravity and creatinine concentration criteria;
        4. The collection site person observes conduct to substitute or adulterate the specimen; and/or
        5. The driver has previously been determined to have used a drug without medical authorization and the particular test is for follow-up testing upon or after return to duty.
      3. Direct observation must be approved in advance by the supervisor of the collection site.  Non-medical personnel performing direct observation must be of the same gender as the driver.
    5. Drug Testing Steps
      1. Once the driver is required to submit to a drug test, the driver must proceed immediately to the collection site.  The collection site person contacts the assistant-to­-the-Superintendent, with the Superintendent serving as an alternate, immediately when a driver does not arrive at the specified time.
      2. Upon arrival, the driver must provide photo identification. The driver may require the collection site person to provide proof of identification.
      3. The driver may keep their wallet, but must remove any unnecessary outer garments, purses, briefcases, and similar items at the request of the collection site person.
      4. Immediately prior to providing a urine sample, the driver must wash their hands.
      5. The driver must then provide forty-five (45) milliliters of urine and deliver it immediately to the collection site person.
        1. Drivers who cannot provide an adequate amount of urine receive instructions for drinking water and repeating the test.
        2. The drug test is stopped when the driver fails twice to provide an adequate amount of urine.
        3. A physician analyzes the driver's inability to provide adequate urine.
        4. Failure to provide adequate urine is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate urine.
      6. The specimen must be kept in view of the driver and the collection site person.
      7. Upon receipt of the specimen, the collection site person must immediately, and in no event later than four (4) minutes from the time of urination, measure the temperature of the specimen.
      8. The driver may volunteer to have their oral temperature taken to provide evidence against alteration or substitution if there is some question about the temperature of the specimen.
      9. The collection site person also inspects the specimen for color and other signs of contaminant and notes any unusual findings.
      10. Another specimen is required as soon as possible under direct observation if adulteration or substitution is suspected by the collection site person.
      11. The specimen is divided into the primary and split specimen, sealed and labeled.  The label is initialed by the driver.
      12. The driver is required to read and sign the statement on the chain of custody form certifying the specimens are the driver's.
      13. The collection site person is required to note on the chain of custody form any unusual behavior or appearance of the driver and any failure to cooperate.
      14. The collection site person completes the chain of custody form and the driver signs the form indicating the collection is complete.
      15. The specimens are packaged for shipping to the laboratory and shipped immediately or placed in secure storage until they can be shipped.
    6. Laboratory
      1. The laboratory used by the District's alcohol and drug testing program is certified by the Substance Abuse and Mental Health Services Administration (SAHSA), a division of the U.S. Department of Health and Human Services (DHHS).  Laboratories certified by SAMHSA meet the testing procedures, personnel and record keeping requirements of the law.
      2. Upon arrival of the specimen at the laboratory, the split specimen is stored and the primary specimen is tested.
        1. A positive test result on the initial test of the primary specimen requires a confirmation test, which is a different and more accurate type of test.
        2. The split specimen is discarded if the primary specimen has a negative test result.
    7. Medical Review Officer (MRO) reviews drug test results.
      1. The MRO may release drug testing records of a driver to unauthorized individuals only with the written consent of the driver.
      2. The MRO keeps a record of the negative test result and reports the negative test result to the District.
      3. The primary role of the MRO is to review and interpret positive test results to determine whether a legitimate explanation exists for the positive test result.
        1. After reviewing the chain of custody form and laboratory test results, the MRO contacts the driver to discuss the positive test result with the driver prior to notifying the District and to ask whether the driver requests a test of the split sample at the driver's expense.  The driver's request for a test of the split sample must be made within seventy-two (72) hours of talking with the MRO.
        2. Upon request of the driver, the split specimen is sent to a second SAMHSA certified laboratory for testing at the driver's expense.
        3. The MRO contacts the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, for assistance if the driver cannot be reached through reasonable efforts.
        4. The assistant-to-the-Superintendent, with the Superintendent serving as an alternate, must confidentially inform the driver to contact the MRO.
        5. Upon contacting the driver, the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, must inform the MRO that the driver was contacted.
        6. Upon contacting the driver, the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, must inform the MRO that the driver was contacted.
        7. Drivers who cannot be contacted are placed on temporary leave without pay.
      4. The MRO may verify a positive test without talking to the driver if:
        1. The driver declines the opportunity to discuss the drug test;
        2. The driver fails to contact the MRO within five (5) days after the assistant-to-the-­Superintendent, with the Superintendent serving as an alternate, has contacted the driver; or
        3. MRO verification of positive test results under these circumstances can be challenged by the driver if the driver presents the MRO with information documenting a serious illness, injury, or other circumstances unavoidably preventing the driver from timely contacting the MRO.  The MRO, based on this additional information, may find a legitimate explanation for the positive test result and declare the test negative.
      5. The driver is notified of the drugs found in a positive test result by the MRO, the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, or by certified mail to the driver's last known address.
      6. The District receives a written report of the negative and positive test results from the MRO.
  6. Substance Abuse Professional
    1. A Substance Abuse Professional (SAP) evaluation and following his/her recommendations, is required when a driver:
      1. Has a positive drug test;
      2. Has a positive alcohol test of 0.04 breath alcohol concentration or greater; or
      3. Otherwise violated this policy or its supporting procedures or the law.
    2. The evaluation determines what assistance, if any, the driver needs in resolving problems with alcohol misuse and/or drug use.
    3. A local SAP will provide assistance to the drivers.
  7. Pre-Employment Testing
    1. Drivers shall submit to a drug test if a job offer is made. The job offer is contingent upon:
      1. A negative drug test result; and
      2. A signed written statement authorizing former employers to release all information on the driver related to alcohol.
    2. Prior to allowing a driver to perform a safety sensitive function, the following information must be obtained about the driver for the preceding two years from the date of the application:
      1. Alcohol test results of 0.04 or greater;
      2. Positive drug test results; and
      3. Refusals to be tested.
  8. Random Testing
    1. Annually, ten percent (10%) of the average number of drivers are selected for random alcohol tests and fifty percent (50%) of the average number of drivers are selected for random drug tests.
    2. The drivers' identification numbers are selected by a scientific method giving drivers an equal chance to be selected.
    3. Random tests are unannounced and performed throughout the year.
    4. Drivers selected for random alcohol testing are informed of a random alcohol test just before, during or just after performing a safety sensitive function.
    5. Drivers selected for random drug testing are informed as soon as possible after the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, receives the driver identification numbers.  The District must document why some, if any, drivers were selected, but not informed.
    6. The selected driver must proceed immediately to the collection site. However, drivers performing a safety sensitive function must safely stop and proceed to the collection site as soon as possible.
  9. Reasonable Suspicion Testing
    1. Drivers who exhibit observable specific, contemporaneous, articulable characteristics concerning the appearance, behavior, speech or body odors as well as indications of the chronic and withdrawal effects of drugs may be required to submit to a reasonable suspicion drug test at any time.
    2. Drivers who exhibit specific, observable, contemporaneous, articulable characteristics concerning the appearance, behavior, speech, or body odors of the driver if the reasonable suspicion was determined just before, during or just after the time in which the driver must be in compliance with this policy, its supporting procedures or the law may be required to submit to a reasonable suspicion alcohol test just before, during, or just after performing a safety sensitive function.
      1. A reasonable suspicion alcohol test is performed within two (2) hours and no later than eight (8) hours after determining reasonable suspicion. To meet the two-hour requirement, the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, or his/her designee (not a CDL holder) will transport the employee to the collection site.
      2. If the alcohol test is not given within two (2) hours, the reasons for the delay must be documented.
      3. If the alcohol test is not given within eight (8) hours, attempts to test are stopped and the reason for not testing must be documented.
    3. A reasonable suspicion test request is made by an employee who has received the training to determine reasonable suspicion. The reasons for the reasonable suspicion must be documented within twenty-four (24) hours or prior to the release of the test results. If more than one employee trained to determine reasonable suspicion observes the driver, that employee must also document their reasons. The transportation director and assistant-to-the-Superintendent have received the required Reasonable Suspicion Training.
  10. Post-Accident Testing
    1. Drivers are subject to both post-accident alcohol and drug tests as soon as possible after an accident in which either of the following occurred:
      1. A fatality occurred; or
      2. The driver received a citation and the following occurred:
        1. Bodily injury to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident; or
        2. A vehicle was towed from the scene irrespective of the value of the damage to the vehicle.
    2. Drivers must remain readily available for post-accident testing.
      1. Drivers who leave the scene or who do not remain readily available are assumed to have refused to test.
      2. Drivers subject to post-accident testing will be taken to the collection site by the assistant-to-the-Superintendent, Superintendent, or his/her designee (could be the transportation director).
      3. Necessary medical treatment cannot and should not be denied to a driver waiting to complete post-accident alcohol and drug tests.
    3. Alcohol Testing Requirements
      1. Administered within two (2) hours and no later than eight (8) hours of the accident;
      2. Reasons for administering the test later than two (2) hours after the accident must be documented;
      3. Reasons for not administering the test within eight (8) hours of the accident must be documented; and
      4. Drivers are prohibited from consuming alcohol for eight (8) hours after the accident or until the alcohol test is completed.
    4. Drug Testing Requirements
      1. Administered as soon as possible and not later than thirty-two (32) hours after the accident; and
      2. Reasons for not administering the test must be documented.
    5. Results of drug or alcohol testing conducted by law enforcement officers or other officials on the scene with independent authority to conduct such tests are presumed valid if the testing conforms with the law.  The District must receive a copy of the results to use them.
  11. Return-to-Duty/Follow-Up Testing
    1. Prior to returning to duty after a positive test or otherwise violating this policy, the following must occur:
      1. The driver must be re-evaluated by a SAP to determine that the driver has properly followed any treatment program prescribed in the original evaluation by the SAP;
      2. The driver must submit to the tests required by the SAP.  The SAP may require a return-to-duty test for drugs, alcohol or both; and
      3. The return-to-duty test must be a negative drug test result and/or an alcohol test result of less than 0.02 BAC before the driver can return to duty and perform a safety sensitive function.
    2. For individuals changing jobs after a positive drug or alcohol tests, a pre-employment test can serve as a return-to-duty test if one is needed based on information from a prior employer.
    3. After returning to duty, the driver is subject to six (6) unannounced follow-up tests within twelve (12) months for alcohol, drugs or both, if the SAP determines both are necessary.
      1. The SAP can terminate the follow-up testing requirement after the first six (6) tests have been completed or continue the follow-up testing for up to sixty (60) months from the date of the driver's return to duty.
      2. Alcohol follow-up testing is done just before, during or just after performing a safety sensitive function.
  12. District’s Responsibilities
    1. Information on the alcohol and drug testing requirements of this policy, its supporting procedures and the law, including the driver's obligations, must be provided to drivers.  A summary of the requirements must be included in the employee handbook.
    2. Supervisors of drivers or personnel designated to determine reasonable suspicion shall receive sixty (60) minutes of training on alcohol misuse and sixty (60) minutes of training on drug use.  The training must address the physical, behavioral, speech, and performance indicators of probable alcohol misuse and drug use.
    3. Prior to operating a school vehicle, drivers must be provided with instructions enabling them to comply with alcohol and drug testing requirements.
    4. School districts with actual knowledge of a driver's drug use cannot allow the driver to report to or perform a safety sensitive function regardless of whether or not a drug test was conducted.
    5. School districts with actual knowledge of a driver with a breath alcohol concentration of 0.02 BAC or greater cannot allow the driver to report to or perform a safety sensitive function regardless of whether or not an alcohol test was conducted.
    6. The District is responsible for ensuring that the quality assurance plan, developed by the manufacturer and approved by the National Highway Traffic Safety Administration (NHTSA) for the evidentiary breath testing device used for alcohol testing of its drivers describes the inspection, maintenance and calibration requirements and intervals for it.
    7. The District is responsible for ensuring that the collection site person using an evidentiary breath testing device is a certified BAT.
  13. Consequences of Violating this Policy, the Supporting Procedures or the Law
    1. The assistant-to-the-Superintendent may discipline drivers who violate this policy, the supporting procedures or the law relating to alcohol and drug testing.  Each incident is dealt with based on the circumstances surrounding the incident.  The following consequences may result from a violation:
      1. Drivers may be disciplined up to and including termination;
      2. Drivers may not be permitted to perform safety sensitive functions;
      3. Drivers may be advised of the resources available to them in evaluating and resolving problems associated with the misuse of alcohol or use of drugs;
      4. Drivers may be required to be evaluated by a SAP who shall determine what assistance, if any, the driver needs in resolving problems associated with the misuse of alcohol or use of drugs and be required to follow any treatment program;
      5. Prior to returning to duty, the driver is required to have a negative drug and/or alcohol test result and be subject to the follow-up drug and/or drug testing determined necessary based on the circumstances surrounding the incident;
      6. Drivers refusing to submit to drug and/or alcohol testing are considered insubordinate and are subject to discipline up to and including termination; and/or
      7. Applicants for the position of driver who refuse to submit to or cooperate with the drug and/or alcohol testing processes and requirements shall be disqualified from further consideration.
    2. Nothing in this policy, the procedures or the law relating to alcohol and drug testing limits or restricts the right of the Superintendent to discipline a driver, up to and including termination, for conduct which violates the District's policies and procedures.
  14. Alcohol and Drug Testing Records
    1. Alcohol and drug testing records are stored in limited access locations separate and apart from the driver's general personnel documents.
    2. The records may only be released with the written consent of the driver.  Only those records specifically authorized for release may be released. However, the following exceptions apply:
      1. Records may be released to appropriate government agencies without written consent; and
      2. Records may be released to appropriate District employees without written consent.
      3. The District may, without written consent, make a driver's drug and alcohol test records available to a decision maker in a lawsuit, grievance, or other proceedings initiated by or on behalf of the individual, and arising from the results of an alcohol or drug test under this policy, the supporting procedures or the law or from the District's determination that the driver violated this policy, the supporting regulation, or the law.
    3. Drivers are entitled to make a written request to prompt access to and copies of their alcohol and drug test records without requiring payment of amounts owed for the copying of records other than alcohol and drug testing records.  The District may charge for copying these records in accordance with Board policy.
    4. The District must maintain the following records of its drug and alcohol misuse prevention and testing programs for the following time periods:
      1. One year:
        1. Records of negative and canceled drug test results and alcohol test results of less than 0.02 BAC;
        2. Records related to the collection process;
        3. Records related to a driver's test results;
        4. Records related to other violations of the law;
        5. Records related to evaluations;
        6. Records related to education and training; and
        7. Records related to drug testing.
      2. Two years:
        1. Records related to the alcohol and drug collection process, except calibration of evidential breath testing devices, and training.
      3. Five years:
        1. Alcohol test results of 0.02 BAC and greater;
        2. Verified positive drug test results;
        3. Documentation of refusal to take required alcohol and/or drug tests;
        4. EBT calibration documentation;
        5. Driver evaluation and referrals; and
        6. Annual calendar year summary.
  15. Pay for Time Spent Testing.
    1. For random testing, the time spent traveling to the collection site, the time spent at the collection site, and the time spent traveling back to the bus yard after the completion of the testing will be paid;
    2. For reasonable suspicion testing, time will be paid pursuant to (1) above;
    3. For post-accident testing, time will be paid pursuant to (1) above;
    4. For pre-employment testing, no time will be paid;
    5. For time spent in follow-up testing required by the SAP, no time will be paid; and
    6. Drivers will be paid for time spent testing at the pay rate for activity and field trip drivers.
  16. Leave
    1. If the employee comes forward and admits to a drug and/or alcohol problem and receives help from and follows the requirements of the SAP, the employee may be granted "unpaid leave" under the Family and Medical Leave Act and Board policy.  The employee will not be penalized for exercising this option.  If no immediate [within five (5) working days] help is obtained from a SAP, the employee is subject to termination.
    2. If the employee tests positive under the provisions of this policy, he/she cannot perform a safety sensitive function and goes on paid sick leave, subject to the following conditions:
      1. The employee immediately [within five (5) working days] enrolls in the program provided by the SAP;
      2. Paid days are limited to what the employee has accumulated in sick leave; and
      3. When sick leave is exhausted, the employee goes on unpaid leave, subject to the SAP's verification that he/she can return to work.
  17. Payment for Services
    1. The District pays for all testing services.
    2. The District pays for the initial services, not covered by insurance, of the SAP.  This applies if the employee comes forward or tests positive.  The District also pays for treatment not covered by insurance.  The treatment program will be decided upon by the District subject to consultation with the SAP and employee.
    3. The employee who makes a request for another lab to test the split sample (usually when the initial drug test is positive) will pay for the test of the split sample.
  18. The above payments and leave allowances apply to those who come forward as well as first time offenders.  Any driver who becomes a second time offender under this policy, will be subject to immediate termination.
  19. Definitions
Accident - an occurrence involving a school vehicle operating on a public road which results in: (a) a fatality, (b) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident or (c) one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle.
Air blank - a reading by an evidentiary breath testing device (EBT) of ambient air containing non-alcohol.
Alcohol - the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
Alcohol concentration (or content) - the alcohol in a volume of breath expressed in terms of grams of alcohol per two hundred ten liters of breath as indicated by an evidential breath test under the law.
Alcohol use· the consumption of any beverage, mixture or preparation, including any medication, containing alcohol.
BAC - breath alcohol concentration.
Breath Alcohol Technician (BAT) - an individual who instructs and assists individuals in the alcohol testing process and operates an EBT.
Canceled or invalid test - in drug testing it is a drug test that has been declared invalid by a Medical Review Officer or a specimen that has been rejected for testing by a laboratory. A canceled test is neither a positive nor a negative test. In alcohol testing, it is a test that is deemed to be invalid under the law. It is neither a positive nor a negative test.
Chain of Custody: - procedures to account for the integrity of each urine or blood specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. With respect to drug testing, these procedures require that an appropriate drug testing custody form be used from time of collection to receipt by the laboratory and that upon receipt by the laboratory an appropriate laboratory chain of custody account(s) for the sample or samples within the laboratory.
Collection Site - a place where drivers present themselves for the purpose of providing body fluid or a tissue sample to be analyzed for specific drugs or breath alcohol concentration.
Confirmation test - for alcohol testing, it is a second test following an initial test with a result of 0.02 BAC or greater, that provides quantitative data of alcohol concentration. For drug testing, it is a second analytical procedure (GC/MS) to identify the presence of a specific drug of metabolite that is independent of the initial test and which uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy.
Controlled Substances/Drugs - marijuana, cocaine, opiates, amphetamines and phencyclidine.
DOT-Regulated Driver – a driver who, in the course of his/her employment, drives a vehicle transporting sixteen (16) or more persons, including the driver, or drives a vehicle weighing over twenty-six thousand pounds; and who is required to have a commercial driver's license to hold the driver position.
Driver - any person who operates a school vehicle. This includes, but is not limited to: full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to the District or who operate a school vehicle at the direction of or with the consent of the District. For the purposes of pre-employment/pre-duty testing only, the term "driver" includes applicants for driver of school vehicle positions.
Initial test (or screening test) - in drug testing, it is an immunoassay screen to eliminate "negative" urine specimens from further consideration. In alcohol testing it is an analytic procedure to determine whether a driver may have a prohibited concentration of alcohol in a breath or saliva specimen.
Medical Review Officer (MRO) - a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with the individual's medical history and any other relevant bio-medical information.
Non-DOT-Regulated Driver – a driver who is not a DOT-Regulated driver, but is subject to the policies and provisions of this Drug and Alcohol Testing policy.
Non-suspicion-based post-accident testing - testing a driver after a reportable accident if the driver receives a citation for a moving traffic violation arising from the accident and without regard to whether there is any reasonable suspicion of drug usage, reasonable cause to believe the driver has been operating the school vehicle while under the influence of drugs, or reasonable cause to believe the driver was at fault in the accident and drug usage may have been a factor.
Performing a safety sensitive function- a driver is considered to be performing a safety sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform any sensitive functions.
Random Selection Process - when drug tests are unannounced and that every driver has an equal chance of being selected for testing.
Refuse to submit (to an alcohol or drug test) - when a driver (1) fails to provide adequate breath for alcohol testing without a valid medical explanation after he/she has received notice of the requirement for breath testing in accordance with the provisions of this part, (2) fails to provide adequate urine for drug testing without a valid medical explanation after he/she has received notice of the requirement for urine testing in accordance with the provisions of this part, or (3) engages in conduct that clearly obstructs the testing process.
Safety Sensitive Function (SSF) - the period of time commencing when a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.
School Vehicle - a vehicle owned, leased, and/or operated at the direction or with the consent of the District which transports sixteen or more persons, including the driver, or weighs over twenty-six thousand pounds and requires the driver to have/possess a commercial driver's license in order to operate the vehicle.
Screening Test Technician (STT) - an individual who instructs and assists drivers in the initial alcohol testing process and operates a non-evidentiary breath testing or saliva testing device.
Split Specimen -- the division of the urine specimen into thirty milliliters in a specimen bottle (the primary sample) and into at least fifteen milliliters in a second specimen bottle (the split sample).
Substance Abuse Professional (SAP)- a licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the Iowa Board of Substance Abuse Certification) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.

 

*Adopted:  12/13/10
*Revised:  03/12/12
*Revised:  09/16/13
*Revised:  07/14/14
*Reviewed: 04/10/17
*Revised: 08/12/19
*Revised: 4/11/22