Code No. 405.1

HEALTH EXAMINATIONS

New Employees.  Reports of physical examinations shall be required of all employees upon their initial employment with the District certifying fitness to perform assigned duties.  The reports shall be required only after an offer of employment has been made.  The examination must have been taken within the four-month period prior to the date employment begins or by a date specified by the District, which shall be within six weeks of the date employment begins.  Evidence shall be submitted on the prescribed form, shall be signed by a licensed physician and surgeon, osteopath, qualified doctor of chiropractic, licensed physician assistant, or advanced registered nurse practitioner.  Costs of the initial examination shall be paid by the employee.

Bus drivers shall present reports of physical examinations upon employment and every other year thereafter as required by law.  Such physical examinations must be completed before the work year begins.  Evidence of physical fitness to perform duties shall be submitted on the required form.  The District shall pay an amount to be determined by the Board of Directors toward the physical examination upon presentation of proof of charges if the charges have not been paid by insurance or by another employer.

Additional Examinations.  An employee may be required to have additional examinations, testing or screenings (physical and/or mental) when, in the judgment of the Superintendent or the Board, such examinations are relevant to the employee's performance, duties or status and/or are otherwise mandated or required by state or federal law, rule or regulation at the expense of the District.

Vaccines.  Employees identified as having reasonably anticipated contact with blood or infectious materials in their work setting shall receive training and education or safety precautions and shall be provided the opportunity for a District paid Hepatitis-B vaccine.  The employee shall sign a written waiver if he or she refuses the vaccine.

Genetic Information Nondiscrimination Act (GINA). The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, employees and their physicians should not provide any genetic information when responding to any request by the District for medical information. "Genetic information," as defined by GINA, includes an individual's family medical history, the results of an individual's or family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

Date of Last Review: August 12, 2019 Date of Revision: August 12, 2019

Legal References: 20.9, 321.376, 279.8, Code of Iowa; 281 I.A.C. 43.15-.20; 29 C.F.R. Pt. 1910.1030; 29 C.F.R. Pt. 1635

00973187

DECORAH COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No. 405.2

COMMUNICABLE DISEASES

An employee of the District with a communicable disease shall be allowed to attend to regularly assigned duties as long as the employee is physically able to perform the essential functions of the assignment and as long as the employee's assignment does not create a substantial health or safety risk to others in the District.

Each case shall be evaluated on its own merits. The Superintendent may consult with the employee's personal physician, with the Iowa State Department of Health, with personnel from the United States Public Health Center for Disease Control, and with other appropriate agencies and persons in making decisions regarding an employee's placement. The Superintendent may require an employee to provide medical evidence of fitness to perform the tasks assigned.

Records regarding communicable diseases shall be maintained separately from general personnel files and so as to protect the privacy of the employee. This shall not be construed to prevent appropriate administrative and nursing staff from being informed of which employee has a communicable disease. All records indicating that an employee is infected with a communicable disease shall be maintained in the central administration office.

An employee who is at work and who has a communicable disease which creates a substantial risk to others at the workplace shall report the condition to the Superintendent or nurse.  Employees with communicable diseases may be excluded from school and/or school assignments for the period of time that their conditions endanger the health or safety of others or during such period as they are physically unable to perform assigned tasks.  Employees will not be discharged or otherwise suffer reduction in wages or benefits for actual time worked due to compliance of an employee with an quarantine or isolation order or voluntary confinement request issued by the Department of Health or the CDC.

No person shall be asked or required as a condition of employment to take a test for the presence of the antibody to the human immunodeficiency virus (HIV), and no person shall have his/her terms, conditions, or privileges of employment affected solely because the employee had such a test.

All employees shall practice hygienic principles designed to protect themselves and others from infection.

Date of Last Review: August 12, 2019 Date of Revision: August 12, 2019

Legal References: Chapter 139A, Chapter 141A, 216.6(1)(d) Code of Iowa; 281 I.A.C. 12.4(12), 25.3 (6)

00972240

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

Code No. 405.3

OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS

The Superintendent shall be responsible to insure that the District implements, reviews and updates at least annually an exposure control plan to eliminate or minimize employees' occupational exposure to bloodborne pathogens in accordance with OSHA requirements.  The plan shall designate a response team at each building.  Failure of an employee to comply with the plan shall be grounds for disciplinary action, up to and including discharge.

The District shall provide at no cost to the employees necessary supplies, personal protective devices, and training for employees to comply with the exposure control plan.  Training shall include a discussion of universal precautions.

Employees identified as having reasonably anticipated occupational contact with blood or infectious materials shall receive training and education on safety precautions and shall be provided the Hepatitis B vaccine at District expense or shall sign a written waiver declining the vaccine.  Following a report of an exposure incident, the District shall make immediately available to the exposed employee a confidential medical examination and follow-up.

Medical records shall be maintained for each employee with occupational exposure.  Such records shall be kept confidential and shall not be disclosed without the employee's express written consent to any person within or outside the workplace except as required by law.

 

 

Date of Review: August 12, 2019 Date of Revision: April 14, 2003

Legal References: 29 C.F.R. Pt. 1910.1030; 279.8, Code of Iowa

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

Code No. 405.4

INJURY AT WORK

If an employee is injured at work, school personnel may administer minor or emergency first aid.  If necessary, a member of the family shall be notified or the employee shall be transported to a medical facility.  Each employee shall maintain an up-to-date confidential emergency medical form on file in the building office.

If possible, the employee or a person on behalf of the employee, shall file an accident report with the District within 24 hours of the occurrence.  It shall be the responsibility of the employee to cooperate with any investigation into the occurrence.

 

Date of Review: August 12, 2019 Date of Revision: August 12, 2019 543168

Legal References: Chapter 85, 279.40, Code of Iowa

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

Code No. 405.5

HAZARDOUS CHEMICAL DISCLOSURE

The District shall maintain a comprehensive hazardous chemical communication program to disseminate information about hazardous chemicals in the workplace.

Each employee shall review information about hazardous substances.  Further, when a new employee is hired, orientation shall include the information and training, if necessary.  When an additional hazardous substance enters the workplace, information about it shall be distributed and training shall be conducted for the appropriate employees.  The Superintendent shall maintain a file indicating which hazardous substances are present in the workplace and when training and informing takes place.

Employees who will be instructing or otherwise working with students shall disseminate information about the hazardous chemicals they will be working with as part of the instructional program.  It shall be the responsibility of the Superintendent to develop administrative regulations regarding this program.

Date of Review: August 12, 2019 Date of Revision: August 12, 2019

Legal References: 29 C.F.R. 1910.2000; 88.4, Chapter 89B, Code of Iowa; 875 I.A.C. Chapter 110

00972245

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

Code No. 405.6

DRUG AND ALCOHOL-FREE WORKPLACE

General

No employee shall possess, use, be under the influence of, distribute, dispense, or manufacture any alcoholic beverage or controlled or illegal substance on school property, or during work time or at any student activity, except that an employee may take a controlled substance lawfully prescribed by a physician.  Any violation of this policy shall be grounds for discipline, including immediate discharge.

Federal Grant Employees

In addition, no employee engaged in work in connection with a federal grant shall unlawfully manufacture, distribute, dispense, possess or use, on or in the workplace, any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance as defined in schedules I through V of section 202 of the Controlled Substances Act and as further defined by federal regulation.

"Workplace" is defined to mean the site for the performance of work done in connection with a federal grant.  This includes any building or any school premises, any school-owned or approved vehicle used to transport students to and from school or school activities, off school property during any school-sponsored or approved activity, event, or function, where students are under the jurisdiction of the District where work on a federal grant is performed.

As a condition of employment on any federal grant, each employee who is engaged in performance of a federal grant shall agree to abide by this policy and shall notify his or her supervisor of his or her conviction of any criminal drug statute for a violation occurring in the workplace as defined above, no later than five days after such conviction.

An employee who violates the terms of this policy may be suspended or discharged, at the discretion of the District and in accordance with law.

The Superintendent shall give a copy of this section of the policy to each employee engaged in the performance of federal grants.  The Superintendent shall also notify the granting agency within 10 days after receiving notice of a conviction. 

The Superintendent shall also establish a drug-free awareness program to inform employees of this policy, possible sanctions for violation of this policy, of the dangers of drug abuse in the workplace, and of any available drug counseling, rehabilitation and employee-assistance programs.

No Limitations.  This policy is not intended to limit the rights of the District to discipline, including discharging, any employee who engages in an illegal act involving alcohol or drugs away from school when such violation adversely affects the employee's ability to perform his/her duties.  Further, the section of this policy on a drug-free workplace under federal grant programs shall not limit the District's authority to prohibit other alcohol and drug-related behavior.

Date of Review: August 12, 2019 Date of Revision: August 12, 2019 00955156

Legal References: 279.8, 730.5, Code of Iowa; Drug Free Workplace Act of 1988, 41 U.S.C. 8101 et seq.; 34 C.F.R., Pt. 84

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

Code No. 405.7

DRUG AND ALCOHOL TESTING PROGRAM

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver’s license is required to operate the school vehicle and the school vehicle transports sixteen or more persons (including the driver) or the school vehicle weighs twenty-six thousand one hundred pounds or more.  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 are subject to pre-employment drug testing and random, reasonable suspicion, and post-accident return to duty, and follow-up drug and alcohol testing.  Employees operating school vehicles shall not perform a safety-sensitive function within four 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 and 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 District contact person, Board Secretary/Human Resources Manager, 510 Winnebago Street, Decorah, Iowa 52101, (563-382-4209).

Employees who violate the terms of this policy or of its accompanying regulations are subject to discipline, up to and including immediate discharge.  Employees who violate the terms of this policy may be required to successfully participate in a substance abuse treatment program as a condition of continued employment.

The Superintendent or his/her designee shall inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.

The Superintendent or his/her designee shall also be responsible for publication and dissemination of this policy and its supporting administrative regulations and forms to employees operating school vehicles. The Superintendent or his/her designee shall notify the driver for testing.  The Superintendent shall also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.

This policy shall not limit the District’s authority to prohibit other alcohol and drug-related behavior.

Date of Last Review: August 12, 2019 Date of Revision: August 12, 2019

Legal References: 41 U.S.C. 8101 et seq.; 42 U.S.C. 12114 et seq., 49 U.S.C. 5331; 34 C.F.R. Pt. 84; 49 C.F.R. Pt. 40; 49 C.F.R. 382; 279.8, Code of Iowa

00972246

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

Code No. 405.7R1

DRUG AND ALCOHOL TESTING PROGRAM REGULATION

This administrative regulation supports the Drug and Alcohol Testing Program policy (405.7).  It also establishes and explains the requirements of the District’s drug and alcohol testing program required for employees operating school vehicles.  Note the Drug and Alcohol Testing Program Definitions, Reg. 405.7R2.

A.        Contact Person.

Questions regarding the drug and alcohol testing program policy, its supporting administrative regulations and forms, or the drug and alcohol testing program may be directed to the District contact person, the Board Secretary/Human Resources Manager, 510 Winnebago Street, Decorah, Iowa 52101, (563-382-4209).

B.        Covered Drivers.

1.         The following requirements apply for a driver to be covered by the drug and alcohol testing program:

a.            Drive a vehicle transporting sixteen or more persons, including the driver, or drive a vehicle weighing over twenty-six thousand one pounds; and

b.            Require a commercial driver's license to hold the driver position.

2.         Covered drivers include:

a.            Applicants seeking a position as a driver;

b.            Full time, regularly employed drivers;

c.            Casual, intermittent, occasional or substitute drivers; and

d.            Leased drivers and independent, owner-operator contractors who are either directly employed or under lease to a school district or who operate a school vehicle at the direction of or with the consent of a school district.

3.       Covered drivers are subject to the drug and alcohol testing program and its requirements throughout the year, including the times when school is not in session or when the driver is on leave.

4.         The use of the term “drivers” in these regulations shall mean “covered drivers.”

C.        Prohibited Driver Conduct.

1.       Drivers shall not report to duty or remain on duty with a 0.04 alcohol concentration or greater.

2.       Drivers shall not report for duty or remain on duty when using any drug except when a licensed medical practitioner has advised the driver that the drug does not adversely affect the driver's ability to safely operate a school vehicle.  (A driver may want to obtain a written statement to this effect from his/her licensed medical practitioner in the event the driver needs to explain the presence of drugs in a urine test.)

3.       Drivers shall not use alcohol for at least four hours prior to or during the performance of a safety sensitive function.

4.       Drivers shall not possess alcohol while on duty.  This includes possessing prescription and over-the-counter medicines containing alcohol unless the packaging seal is unbroken.

5.       Drivers required to take a post-accident alcohol test shall not use alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.

6.       Drivers shall not refuse to submit to a drug or alcohol test.  A refusal to test is considered a positive test resulting in suspension from duties pending termination of the driver.

7.       Drivers shall not report for duty or remain on duty performing a safety-sensitive function if the driver has a positive drug test result.

D.        Alcohol Testing Procedures.

1.       Driver's breath or saliva is tested for alcohol.

2.       The screening alcohol test is conducted with an evidentiary breath testing device or saliva testing device.

a.            The screening breath alcohol or saliva test determines whether the driver's alcohol concentration is less than 0.02.

(1)                 A screening alcohol test result of less than 0.02 alcohol concentration allows the driver to continue to perform a safety-sensitive function.

(2)                 A screening initial alcohol test result of 0.02 alcohol concentration or greater requires a confirmation test.

b.            The confirmation alcohol test is conducted only by an evidentiary breath alcohol testing device to determine whether the driver can continue to perform a safety-sensitive function.

(1)                 A confirmation alcohol test result of less than 0.02 alcohol concentration allows the driver to continue to perform a safety-sensitive function.

(2)                 A confirmation alcohol test result of 0.02 alcohol concentrations but less than 0.04 alcohol concentration requires the driver to cease performing a safety-sensitive function for twenty-four (24) hours.  The driver will not be paid for time he/she is not able to work due to having a test result of 0.02 or greater alcohol concentration.

(3)                 A driver will be terminated for a confirmation alcohol test result of 0.04 breath alcohol concentration or greater.

3.       Alcohol testing is conducted at collection sites which provide privacy to the driver and contain the necessary equipment, personnel and materials.

 

a.       Alcohol testing is conducted at a designated collection site unless the situation requires another location.

 

b.       In the event privacy cannot be assured, privacy will be provided to the extent practical.

 

4.       Screening alcohol testing steps.

 

a.       Once the driver is notified to submit to an alcohol test, the driver must complete the Alcohol/Drug Test Notification Form and the Director of Transportation or another District employee designated by the District Superintendent will transport the driver immediately to the collection site, or the employee may be directed to transport himself/herself to the collection site.  Collection site personnel contact the District immediately when a driver does not arrive at the specified time.  Failure to agree to be transported to the collection site is considered a refusal to test.  Should the Director of Transportation be selected to be tested, he/she will be transported to the collection site by another District employee designated by the Superintendent or the Director will be directed to transport himself/herself.

b.       Upon arrival, the driver must provide a photo identification.  Should the driver not be able to produce a photo identification, the District representative transporting the driver will make the identification.

c.       The testing procedure is explained to the driver by the collection site person.

d.       The breath alcohol technician (BAT) or saliva 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 screening alcohol test is considered a refusal to test.

(2)     The District is notified immediately by fax of the driver's refusal to sign.

e.       Evidentiary breath alcohol testing device procedures.

(1)     The driver forcefully blows into the mouthpiece for at least six seconds or until an adequate amount of breath has been obtained.

(2)     The screening alcohol test is stopped when the driver fails twice to provide an adequate amount of breath.  In that case:         

(a)  A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.

          (a)  A physician analyzes the driver's inability to provide adequate breath.

          (b)  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.

(3)     The results of the screening alcohol test are shared with the driver.

f.       Saliva alcohol testing device procedures.

(1)     The driver and the STT review the expiration date of the saliva alcohol testing device, and if the date is valid, the packaging is opened.

(2)     The driver or STT places the swab in the driver's mouth until the swab is completely saturated.  If the alcohol test is started again, only the STT 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:

          (a)   The school district is informed.

          (b)   The driver must submit to a breath alcohol test immediately.

(5)     The saliva testing device results are read two minutes, and no later than fifteen (15) minutes, after the saliva testing device was activated.

(6)     The results of the screening alcohol test are shared with the driver.

g.       The driver and breath alcohol technician or saliva test technician must sign the alcohol testing form following completion of the alcohol test.  Failure to sign the form after the alcohol test is not considered a refusal to test.  However, in the remarks section of the form, the BAT or STT notes the driver's refusal to sign.

h.       Screening alcohol test results.

(1)     An alcohol test result of less than 0.02 alcohol concentration is reported to the District in a confidential manner, preferably by fax or electronic mail to the Superintendent, and the driver may continue to perform a safety-sensitive function.

(2)     An alcohol test result of 0.02 alcohol concentration or more requires a confirmation alcohol test be performed between fifteen (15) and thirty (30) minutes after the screening test.

(3)     The BAT or STT provides the Superintendent with a copy of the alcohol testing form if written communication was not used to report the test results.

i.        Potentially incomplete or invalid alcohol tests are repeated with corrected procedures.

5.       Confirmation alcohol testing steps.

a.           The driver is instructed to not eat, drink, put any object or substance in his or her mouth, and, to the extent possible, not belch during the fifteen-minute waiting period to avoid accumulation of mouth alcohol leading to an artificially high reading.

b.           The confirmation alcohol test is done between fifteen and twenty minutes of the screening alcohol test whether or not the driver followed the requirements.

c.       If a different collection site is used, the driver must be under the observation of the collection site person or school district person while in transit to the confirmation alcohol testing site or while waiting for the confirmation alcohol test.

d.       If a different collection site person is used for the confirmation alcohol test, the driver must again provide photo identification.

e.       The testing procedure is explained to the driver by a BAT.

f.       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 by fax or electronic mail of the refusal to sign.

g.       The driver forcefully blows into the evidentiary breath testing device mouthpiece for at least six seconds or until an adequate amount of breath has been obtained.

h.       The confirmation alcohol test results, which are the final and official test results, are shared with the driver.

i.        The driver and BAT must sign the alcohol testing form following completion of the alcohol test.  Failure to sign the form after the alcohol test is not considered a refusal to test.  However, in the remarks section of the form, the BAT notes the driver's refusal to sign.

j.        The BAT informs the Superintendent of the results of the test in a confidential manner, preferably by fax or electronic mail.

(1)     An alcohol test result of less than 0.02 alcohol concentration is reported to the Superintendent, and the driver may continue to perform a safety-sensitive function.

(2)     The breath alcohol technician notifies the Superintendent immediately of confirmation alcohol test results of 0.02 alcohol concentration or more.

(3)     The collection site person provides the Superintendent with a copy of the alcohol testing form if written communication was not used to report the test results.

k.       Potentially incomplete or invalid confirmation alcohol tests are repeated with corrected procedures.

l.        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.

(3)     A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.

E.         Drug Testing Procedures.

1.         Driver's urine is tested for marijuana, cocaine, opiates, amphetamines and phencyclidine.

2.         A split specimen urine drug test, often called "split sample test," is used to conduct the drug test.

a.       A negative drug test result allows the driver to continue to perform a safety-sensitive function.

b.       A positive drug test result on the primary sample requires the driver to be removed from performing a safety-sensitive function.

c.       A positive drug test result on the primary sample allows the driver an opportunity to request the split sample be tested by another certified laboratory only 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.

d.       The driver will be terminated for a positive drug test result.

3.         Drivers taking medication at a licensed medical practitioner's direction may perform a safety-sensitive function if the licensed medical practitioner determines there is not an adverse effect on performing a safety-sensitive function.  (A driver may want to obtain a written statement to this effect from his/her licensed medical practitioner in the event the driver needs to explain the presence of drugs in the urine test.  The driver may also want to note the prescription on the driver’s copy of the chain of custody form.)

4.         Drug testing is conducted at collection sites which provide privacy to the driver and where the necessary equipment, personnel and materials are located.

a.       Drug testing is conducted at a designated collection site unless the situation requires another location.  Public restrooms can be used as collection sites in exceptional circumstances.

b.       In the event privacy cannot be assured, privacy is provided to the extent practical.  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 specific gravity and urine creatinine concentration criteria.

(4)     The collection site person observes conduct of the driver to substitute or adulterate the specimen.

c.       Direct observation is approved by the supervisor of the collection site person or the designated school district representative.  Non-medical personnel performing direct observation must be of the same gender as the driver.

5.         Drug testing steps.

a.       The Superintendent or his/her designee makes arrangements with the collection site for the test.

b.       Once the driver is notified to submit to a drug test, the driver must complete the Alcohol/Drug Test Notification Form and the Director of Transportation or another District employee designated by the Superintendent will transport the driver immediately to the collection site, or the employee will be directed to transport himself/herself.  The collection site person contacts the Superintendent or his/her designee immediately when a driver does not arrive at the specified time.  Failure to agree to be transported to the collection site is considered a refusal to test.  Should the Director of Transportation be selected to be tested, he/she will be transported to the collection site by another District employee designated by the Superintendent or the Director will be directed to transport himself/herself to the collection site.

c.       Upon arrival, the driver must provide a photo identification.  Should the driver not be able to produce a photo identification, the District representative transporting the driver will make the identification.  The driver may require the collection site person to provide proof of identification.

d.       The driver may keep his or her wallet but must remove any unnecessary outer garments, purses, briefcases and similar items at the request of the collection site person.

e.       Immediately prior to providing a urine specimen, the driver must wash his or her hands.

f.       The driver must then provide forty-five 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 trying again.

(2)     The drug test is stopped when the driver fails twice to provide an adequate amount of urine.

(3)     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.

g.       The specimen is kept in view of the driver and the collection site person.

h.       Upon receipt of the specimen, the collection site person immediately, and in no event later than four minutes from the time of urination, measures the temperature of the specimen.

i.        The driver may volunteer to have his or her oral temperature taken to provide evidence against adulteration or substitution if there is some question about the temperature of the specimen.

j.        The collection site person inspects the specimen for color and other signs of contaminants and notes any unusual findings in the remarks section of the chain of custody form.

k.       Another specimen is required as soon as possible under direct observation if adulteration or substitution is suspected by the collection site person.  Specimens suspected of adulteration or substitution are also sent to a laboratory for testing.

l.        The specimen is divided into the primary and the split specimen, sealed and labeled.  The label is initialed by the driver.

m.      The driver is required to read and sign the statement on the chain of custody form certifying the specimens are the driver's.

n.       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.

o.       The collection site person completes the chain of custody form and the driver signs the form indicating the collection is complete.  Failure of the driver to sign the form after the drug test is not considered a refusal to test.  However, the collection site person notifies the Superintendent or his/her designee and notes the driver's failure to sign on the form.

p.       The specimens are packaged for shipping to the laboratory and are shipped immediately or placed in secure storage until they can be shipped.

6.         Laboratory.

a.       The laboratory used by the District's drug and alcohol testing program is certified by the U.S. Department of Health and Human Services (DHHS).  Certified laboratories meet the testing procedures, personnel and record keeping requirements of the law.

b.       Upon arrival of the specimens at the laboratory, the split specimen is stored and the primary specimen is tested.

(1)     A positive drug test result on the initial test of the primary specimen requires a confirmation drug test of the primary specimen.

(2)     The split specimen is discarded if the primary specimen has a negative drug test result.

7.         Medical Review Officer (MRO).

a.       The MRO may release drug testing records of a driver to unauthorized individuals only with the written consent of the driver.

b.       The MRO keeps a record of negative drug test results and reports negative drug test results to the District, usually within two working days.

c.       The primary role of the MRO is to review and interpret positive drug test results to determine whether a legitimate explanation exists for the positive drug test result.

(1)     After reviewing the chain of custody form and the laboratory drug test results, the MRO contacts the driver to discuss the positive drug test result prior to notifying the District and to ask whether the driver requests a drug test of the split sample.  The driver's request for a drug test of the split sample must be made within seventy-two hours of talking with the MRO.

(2)     Upon request of the driver, the split specimen is sent to a second certified laboratory to test only for the drug found in the primary specimen.

(3)     The MRO contacts the Superintendent or his/her designee for assistance if the driver cannot be reached.

(4)     The Superintendent must confidentially inform the driver to contact the MRO.

(5)     Upon contacting the driver, the Superintendent or his/her designee must inform the MRO that the driver was contacted.

(6)     Drivers who cannot be contacted are placed on temporary medically unqualified status or medical leave.  During this period of time the driver will be allowed to use paid leave he/she may have to his/her credit.  When paid leave is exhausted, he/she will be considered on unpaid leave.

d.       The MRO may verify a positive drug test without talking to the driver if:

(1)     The driver declines the opportunity to discuss the positive drug test.

(2)     The driver fails to contact the MRO within five days after the Superintendent has contacted the driver.

(3)     MRO verification of positive drug 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 drug test result and declare the drug test negative.

e.       The driver is notified of the drugs found in a positive drug test result by the MRO, the Superintendent, or by certified mail to the driver's last known address.

f.       The District receives a written report of the negative and positive drug test results from the MRO.

F.         Pre-employment Testing

1.              Drivers shall submit to a drug test if a job offer is made.  The job offer is contingent upon:

a.           A negative drug test result; and

b.           A signed written statement authorizing former employers to release all information on the driver related to drugs and alcohol.

2.         Prior to allowing a driver to perform a safety-sensitive function, and no later than fourteen days after performing a safety-sensitive function, the following information must be obtained, or a good faith effort must have been made to obtain the information about the driver's drug and alcohol history.

a.           The following information must be obtained about the driver for the two year period preceding the date of the application.
     (1)  Alcohol test results of 0.04 breath alcohol concentration or greater;
     (2)  Positive drug test results; and
     (3)  Refusals to be tested.

b.           The information must be obtained, or a good faith effort made to obtain, the information if the driver is currently performing and will continue to perform a safety-sensitive function.

c.           The information must be obtained or a good faith effort made to obtain the information if the driver performed a safety-sensitive function and is no longer employed by the school district.

d.           The information does not need to be obtained if the driver did not perform a safety-sensitive function and is no longer employed by the school district.

e.           The school district may obtain information held by the prior employer for the two -year period preceding the date of application even if the information came from other employers.

f.           A good faith effort requires the school district to request and hopefully receive, the information prior to the driver driving and no later than fourteen days after first driving by taking the following steps:

(1)           Obtain the driver's written consent immediately after a conditional employment offer is made.

(2)           Send a completed consent for Release of Information signed by the driver to prior employers via certified mail.

(3)           Contact the prior employers' drug and alcohol testing program managers about the status of the request if no response is received within a reasonable period.

(4)           Take appropriate action (i.e., follow-up with a SAP, terminate employment) if the information received, whether prior to or after the fourteen day period, requires.

(5)           Document and maintain the documentation of the steps taken to obtain the information when it is not received or the prior employer refuses to submit the information.

G.        Random Testing.

1.         Annually, ten percent of the average number of drivers are selected for random alcohol tests and fifty percent of the average number of drivers are selected for random drug tests.

2.         The drivers' identification numbers are selected by a scientific method giving each driver an equal chance to be selected. 

3.         Random tests are unannounced and spread throughout the year.

4.         Drivers selected for random alcohol testing are notified just before, during or just after performing a safety-sensitive function.  The District documents why some, if any, drivers were selected but not notified.

5.         Drivers selected for random drug testing are notified at any time.  The District must document why some, if any, drivers were selected but not notified.

6.         Once the driver is notified of being selected for a random test, the Director of Transportation or another District employee designated by the Superintendent will transport the driver immediately to the collection site, or the driver will be directed to transport himself/herself to the collection site.  Drivers performing a safety-sensitive function must safely stop and will be transported to the collection site as soon as possible.

7.         A driver who refuses to submit to a test will be immediately discharged.          

H.      Reasonable Suspicion Testing.

1.         A driver may be required to submit to a reasonable suspicion drug test at any time.

2.         A driver may be required to submit to a reasonable suspicion alcohol test just before, during or just after the driver performs a safety-sensitive function or just before, during or just after the time the driver is required to be in compliance with the drug and alcohol testing program policy, its supporting documents or the law.

a.         A reasonable suspicion alcohol test is performed within two hours and no later than eight hours of determining reasonable suspicion.

b.         If the alcohol test is not given within two hours, the reasons for the delay must be documented.

c.         If the alcohol test is not given within eight 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 received training to determine reasonable suspicion.  The reasons for the reasonable suspicion must be documented within twenty-four 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 his/her reasons.

4.         After testing the Employee will be transported home by a friend or relative and will be on paid administrative leave until the results come back.

I.          Post-Accident Testing.

1.         Drivers are subject to both post-accident drug and alcohol testing as soon as possible after an accident in which:

a.              A fatality, other than the driver, occurred.

b.              The driver was cited and bodily injury occurred to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident; or

c.              The driver was cited and one or more motor vehicles incurred disabling damage as a result of the accident, requiring a motor vehicle to be transported away from the accident scene by a tow truck or other motor vehicle;

(1)           "Disabling damage" is damage which precludes the departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.  It includes damage to motor vehicles that could have been driven but would have been further damaged if so driven.

(2)           "Disabling damage" excludes damage which can be remedied temporarily at the scene of the accident without special tools or parts.

(a)            Tire disablement without other damage even if no spare tire is available.

(b)            Headlight or taillight damage.

(c)            Damage to turn signals, horn, or windshield wipers which make them inoperative.

2.         Drivers must remain readily available for post-accident testing.

a.         Drivers who leave the scene or who do not remain readily available are deemed to have refused to test.

b.         Necessary medical treatment cannot and should not be denied to a driver waiting to complete post-accident drug and alcohol tests.

3.         Alcohol testing requirements.

a.         The alcohol test is administered within two hours and no later than eight hours of the accident.

b.         The reasons for administering the test later than two hours after the accident must be documented.

c.         The reasons for not administering the test within eight hours of the accident must be documented.

d.         Drivers are prohibited from consuming alcohol for eight hours after the accident or until the alcohol test is completed.

4.         Drug testing requirements.

a.         The drug test is administered as soon as possible and no later than 32 hours after the accident.

b.         The 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.

J.       District Responsibilities.

1.       Provide drivers with information on the drug and alcohol testing requirements of the drug and alcohol testing program policy, its supporting documents and the law, including the driver’s obligations.

2.       Supervisors of drivers or employees designated to determine reasonable suspicion must receive sixty minutes of training on alcohol misuse and sixty minutes of training on drug use.  The training must address the physical, behavioral, speech and performance indicators of probable alcohol misuse and drug use.  The reasonable suspicion training certificate must be maintained by the District until the employee leaves employment of the District or is no longer authorized to make a reasonable suspicion determination.

3.       Provide drivers with instructions prior to the driver operating a school vehicle to enable the driver to comply with the drug and alcohol testing requirements.

4.       Disallow drivers to report to work or perform a safety-sensitive function when the District has actual knowledge of a driver's drug use whether or not a drug test was conducted.

5.       Disallow drivers to report to work or perform a safety-sensitive function when the District has actual knowledge of a driver with 0.02 alcohol concentration or greater whether or not an alcohol test was conducted.

6.       Ensure, through the District's drug and alcohol testing program service provider, that the quality assurance plan, developed by the manufacturer and approved by the National Highway Traffic Safety Administration (NHTSA) for the evidentiary testing device or saliva alcohol testing device used for alcohol testing of its drivers, describes the inspection, maintenance and calibration requirements and intervals for the device.

7.          Ensure, through the District’s drug and alcohol testing program service provider, that the collection site person using an evidentiary breath testing device is a certified breath alcohol technician (BAT).

8.          Ensure, through the District's drug and alcohol testing program service provider, that the collection site person using a saliva alcohol testing device is a certified BAT or saliva test technician (STT).

K.       Return-to-Duty and Follow-up Testing

Return-to-duty testing is required for drivers who tested positive for drugs, failed an alcohol test, or refused to take a drug or alcohol test.  In order to return to performing safety-sensitive functions an alcohol concentration of less than 0.02 and/or a negative drug test is required. There are also referral, evaluation and treatment requirements that must be met.

Follow-up testing is required for drivers who tested positive for drugs, failed an alcohol test, or refused to take a drug or alcohol test.  The regulations call for a minimum of six (6) follow-up tests during the first year back in a safety-sensitive position, in addition to the random tests. However, follow-up testing can continue for up to five (5) years.

Only the Substance Abuse Professional can set the number, frequency and length of time that follow-up testing is required.

Should the District choose to retain the driver, all Return-To-Duty and Follow-up testing will be at the employee's expense.

L.         Consequences of Violating the Drug and Alcohol Testing Program Policy, Its Supporting Documents or the Law.

1.         Each violation is dealt with based on the circumstances surrounding the violation.  The following consequences may result from a violation:

a.         Drivers may be disciplined up to and including immediate termination.

b.         Drivers may not be permitted to perform safety-sensitive functions.

c.         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.

d.         Drivers refusing to submit to drug and/or alcohol testing are considered insubordinate and are subject to immediate termination.

e.         Drivers/applicants who refuse to submit to or cooperate with the drug and/or alcohol testing process and requirements shall be disqualified from further consideration.

2.         Nothing in the drug and alcohol testing program policy, its supporting documents or the law relating to drug and alcohol testing limits or restricts the right of the Board or Superintendent to discipline, up to and including immediate termination, a driver for conduct which violates the District's policies, supporting documents and procedures.

M.        Drug and Alcohol Testing Records.

1.         Drug and alcohol testing records are stored in locked files at limited access locations separate and apart from the drivers’ general personnel records.

2.         The records are released only with the written consent of the driver.  Only those records specifically authorized for release may be released.  However:

a.         Records may be released to appropriate government agencies without a driver's written consent.

b.         Records may be released to appropriate District employees without a driver's written consent.

c.         The District may, without a driver's written consent, make a driver’s drug and alcohol test records available to a decision maker in a lawsuit, grievance or other proceeding initiated by or on behalf of the driver and arising from the result of an alcohol or drug test under the drug and alcohol testing program policy, its supporting documents or the law or from the District's determination that the driver violated the drug and alcohol testing program, its supporting documents, or the law.

3.         With a written request, drivers may access and copy their drug and alcohol test records in accordance with the Board policy related to employee records.  A driver is not denied access to these records for failure to pay fees associated with other records.

4.         The following records of the District's drug and alcohol testing program are maintained for the time period indicated.

a.         One year:

(1)                 Records of negative and canceled drug test results and alcohol test results of less than 0.02 alcohol concentration.

(2)                 Records related to a driver's test results.

(3)                 Records related to other violations of the law.

(4)                 Records related to substance abuse evaluations.

b.         Two years:

          Records related to the alcohol and drug collection process, except calibration of evidentiary breath testing devices and training.

c.         Five years:

(1)                 Alcohol test results of 0.02 alcohol concentration and greater.

(2)                 Verified positive drug test results.

(3)                 Documentation of refusals to take required alcohol and/or drug tests.

(4)                 Evidentiary breath testing device calibration documentation.

(5)                 Driver substance abuse evaluations and referrals.

(6)                 Annual calendar year summary.

(7)                 Records related to the administration of the drug and alcohol testing program.

d.              Forever or as designated below:

(1)           Reasonable suspicion training certificates must be retained two years after the employee is no longer authorized to make a reasonable suspicion determination.

(2)           Records related to the education and training of drivers must be retained two years after the employee ceases to perform a safety sensitive function.

 

Date of Last Review:  August 12, 2019

Revised: September 16, 2013

00972250

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

 

Code No. 405.7R2

DRUG AND ALCOHOL TESTING PROGRAM DEFINITIONS

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 evidentiary breath alcohol test or saliva alcohol test under the law.

Alcohol use - the consumption of any beverage, mixture or preparation, including any medication, containing alcohol.

Breath Alcohol Technician (BAT) - an individual who instructs and assists drivers in the alcohol testing process and operates an evidentiary breath testing device, non-evidentiary breath testing device or saliva testing device.

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.  In alcohol testing, it is a test that is deemed to be invalid under the law.  A canceled drug test or alcohol test is neither a positive nor a negative test.

Chain of Custody - procedures to account for the integrity of each urine 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 form(s) account(s) for the sample or sample aliquots 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 a screening alcohol test with a result of 0.02 breath alcohol concentration or greater that provides quantitative data of breath alcohol concentration.  For drug testing, it is a second analytical procedure (GC/MS) to identify the presence of a specific drug or metabolite which 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.

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 drivers 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.

Licensed Medical Practitioner - a person who is licensed, certified and/or registered, in accordance with applicable federal, state, local or foreign laws and regulations, to prescribe controlled substances and other drugs.

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 a driver's confirmed positive test result together with the driver's medical history and any other relevant biomedical information.

Non-suspicion-based post-accident testing - testing of a driver after an accident 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 safety-sensitive function.

Random Selection Process - when drug and alcohol tests are unannounced and every driver has an equal chance of being selected for testing.

Reasonable suspicion - when the District believes the appearance, behavior, speech or body odors of the driver are indicative of the use of drugs or alcohol.

Refusal to test - when a driver (1) fails to provide adequate breath or saliva for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for testing in accordance with the provisions of the law, (2) fails to provide adequate urine for drug testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the provisions of the law, or (3) engages in conduct that clearly obstructs the testing process.  A refusal to test is treated as a positive drug test result or an alcohol test result of 0.04 alcohol concentration or greater.

Safety-sensitive-function - all time from the time 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.

Saliva test technician (STT) -an individual who has successfully completed U.S. DOT approved training for saliva alcohol testing who instructs and assists drivers in the initial (screening) alcohol testing process and operates a non-evidentiary breath testing or saliva testing device.

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 one pounds and requires the driver to have/possess a commercial driver's license in order to operate the vehicle.

Split specimen/split sample - the division of the urine specimen into thirty milliliters in a specimen bottle (the primary sample) and into at least fifteen milliliters in 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 National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of, and clinical experience in, the diagnosis and treatment of alcohol and controlled substances-related disorders.

Date of Review:  August 12, 2019

Revised:  April 14, 2003

955396

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS