Original Adopted Date: 12-11-95 Last Revised Date: 8-22-22 Last Reviewed Date: 11-28-16
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 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 drug and alcohol testing. Post-accident testing will be required when a fatality has occurred, if a traffic citation and one or more of the following occurs: One or more persons involved in the accident receive bodily injury and received immediate medical treatment away from the scene of the accident, one or more motor vehicles involved in the accident incurred disabling damage. Disabling damage means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. This includes damage to motor vehicles that could have been driven, but would have been further damaged if so driven. This does not include damage which can be remedied temporarily at the scene of the accident without special tools or parts such as (1) tire disablement without other damage even if no spare tire is available, (2) headlight or tail light damage or (3) damage to turn signals, horn or windshield wipers which make them inoperative. Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol. Employees governed by this policy are 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 school district contact person, the Humans Resources Director, at 1636 Hwy 22, Wellman, IA 52356.
Employees who violate the terms of this policy are subject to discipline up to and including termination.
It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law. The superintendent will inform applicants of the requirement for drug and alcohol testing notices or advertisements for employment.
The superintendent will also be responsible for publication and dissemination of this policy and it’s supporting administrative regulations and forms to employees operating school vehicles. The superintendent will also oversee substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.
Legal Reference: American Trucking Association, Inc., v. Federal Highway Administration,
51 Fed. 3rd 405 (4th Cir. 1995).
49 U.S.C. §§ 5331 et seq. (2012).
42 U.S.C. §§ 12101 (2012).
41 U.S.C. §§ 701-707 (2012).
49 C.F.R. Pt. 40; 382; 391.81-123 (2012).
34 C.F.R. Pt. 85 (2012).
Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington,
PERB No. 3876 (3-26-91).
Iowa Code §§ 124; 279.8; 321.375(2); 730.5 (2013).
Cross Reference: 403.6 Substance-Free Workplace
409.2 Licensed Employee Personal Illness Leave
414.2 Classified Employee Personal Illness Leave