Page 129 - School Bus Operators and Attendants Handbook
P. 129

POLICIES


                       ii.  After fourteen (14) days has passed without receipt of this information, the District may not
                          permit a covered employee to perform duties, provided the District has tried in good faith
                          effort to obtain the necessary information as soon as possible.

                       iii.  Even if the covered employee hired by the District ceases to perform duties, either before
                          expiration of the fourteen (14) day period or before the District has obtained the
                          information, the District must still try in good faith to obtain the information.

                   b.  Provide to each of the covered employee’s employers within the preceding two (2) years the
                       individual’s specific written authorization to release this information to the District.

                   c.  Maintain a written, confidential record of each past employer contacted. Even if efforts to obtain
                       the necessary information prove futile, the District must make and retain a record of its good
                       faith efforts.

                   d.  Prohibit the covered employee from performing duties if the employer obtains information that
                       the individual has either refused to take a controlled substances and/or alcohol test, had a
                       positive controlled substances test, or an alcohol test result of two one-hundredths (0.04) or
                       greater without first obtaining information on subsequent compliance with the referral and
                       rehabilitation requirements.

                    5.  Referral for Testing-- Appropriate notification and testing forms will be provided to employees,
                       volunteers, and job applicants before drug testing.

                       6.     Voluntary Self-Referral/Rehabilitation-- At any time before notification of a required test,
                       an employee is encouraged to contact the District’s EAP for voluntary treatment of a drug or
                       alcohol problem. Such employees may be required to submit to compliance testing as part of the
                       treatment program. Voluntary self-referral made at the time of notification shall not excuse an
                       employee from required drug and/or alcohol testing, nor shall it negate a positive result from
                       such test. An employee will not be subject to discharge or disciplinary action solely based on
                       voluntary self-referral for treatment.

                    7.  Required Testing-- Before performing an alcohol or controlled substances test under this Policy,
                       the District shall notify the covered employee that the test is being administered pursuant to
                       OTETA and the regulations of the FHWA. The District shall not falsely represent that a test is
                       being administered under this Policy. The District shall provide educational materials to all
                       covered employees before the start of alcohol and controlled substances testing under 49 Code
                       of Federal Regulations Parts 40 and 382. A notice of the requirements for drug and alcohol
                       testing will be included in the vacancy announcements for all covered positions. The District shall
                       also provide written notice to representatives of employee organizations of the availability of the
                       information contained in this Policy.

                   a.  Pre-employment Testing.-- All applicants for employment in any covered position safety-sensitive
                       position requiring a CDL license shall undergo drug and alcohol testing as a condition precedent

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