416 DOT Drug & Alcohol Testing for Bus Drivers Policy

EDEN PRAIRIE SCHOOL ISD 272

DISTRICT POLICY 416

DOT DRUG AND ALCOHOL TESTING FOR BUS DRIVERS POLICY

I. GENERAL STATEMENT OF POLICY

A. All school district employees and job applicants whose positions require a commercial driver’s license will be required to
undergo drug and alcohol testing and cannabis testing in accordance with federal law and the applicable provisions of this
policy. The school district also may request or require that drivers submit to drug and alcohol testing and cannabis testing
in accordance with the provisions of this policy and as provided in Minnesota Statutes, sections §§ 181.950-181.957.

II. FEDERALLY MANDATED DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS

A. General Statement of Policy

All persons subject to commercial driver’s license requirements shall be tested for alcohol, cannabis (including medical cannabis), cocaine, amphetamines, opiates (including heroin), and phencyclidine (PCP), pursuant to federal law. Drivers who test positive for alcohol or drugs shall be subject to disciplinary action, which may include termination of employment.

B. Definitions

1.           “Actual Knowledge” means actual knowledge by the school district that a driver has used alcohol or controlled
   substances based on: (a) direct observation of the employee’s use (not observation of behavior sufficient to
   warrant reasonable suspicion testing); (b) information provided by a previous employer; (c) a traffic citation; or (d)
an employee’s admission, except when made in connection with a qualified employee self-admission program.

2.           “Alcohol Screening Device” (ASD) means a breath or saliva device, other than an Evidential Breath Testing Device
   (EBT), that is approved by the National Highway Traffic Safety Administration and placed on its Conforming
   Products List for such devices.

3. “Breath Alcohol Technician” (BAT) means an individual who instructs and assists individuals in the alcohol testing
process and who operates the EBT.

4. “Commercial Motor Vehicle” (CMV) includes a vehicle that is designed to transport 16 or more passengers,
including the driver.

5.           “Designated Employer Representative” (DER) means an employee authorized by the school district to take
   immediate action to remove employees from safety-sensitive duties, or cause employees to be removed from
   these covered duties, and to make required decisions in the testing and evaluation process. The DER receives
   test results and other communications for the school district.

6. “Department of Transportation” (DOT) means United States Department of Transportation.

7. “Direct Observation” means observation of alcohol or controlled substances use and does not include observation
of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing.

8. “Driver” is any person who operates a CMV, including full-time, regularly employed drivers, casual, intermittent, or
occasional drivers, leased drivers, and independent owner-operator contractors.

9.           “Evidential Breath Testing Device” (EBT) means a device approved by the National Highway Traffic Safety
   Administration for the evidentiary testing of breath for alcohol concentration and placed on its Conforming
   Products List for such devices.

10. “Licensed Medical Practitioner” means 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.

11. “Medical Review Officer” (MRO) means a licensed physician responsible for receiving and reviewing laboratory
results generated by the school district’s drug testing program and for evaluating medical explanations for certain
drug tests.

12.        “Refusal to Submit” (to an alcohol or controlled substances test) means that a driver: (a) fails to appear for any test
   within a reasonable time, as determined by the school district, consistent with applicable DOT regulations, after
   being directed to do so; (b) fails to remain at the testing site until the testing process is complete; (c) fails to provide
   a urine specimen or an adequate amount of saliva or breath for any DOT drug or alcohol test; (d) fails to permit the
   observation or monitoring of the driver’s provision of a specimen in the case of a directly observed or monitored
   collection in a drug test; (e) fails to provide a sufficient breath specimen or sufficient amount of urine when directed
   and a determination has been made that no adequate medical explanation for the failure exists; (f) fails or declines
   to take an additional test as directed by the school district or the collector; (g) fails to undergo a medical
   examination or evaluation, as directed by the MRO or the DER; (h) fails to cooperate with any part of the testing
   process (e.g., refuses to empty pockets when so directed by the collector, behaves in a confrontational way that
   disrupts the collection process, fails to wash hands after being directed to do so by the collector, fails to sign the
   certification on the forms); (i) fails to follow the observer’s instructions, in an observed collection, to raise the
   driver’s clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to
   determine if the driver has any type of prosthetic or other device that could be used to interfere with the collection
   process; (j) possesses or wears a prosthetic or other device that could be used to interfere with the collection
   process; (k) admits to the collector or MRO that the driver adulterated or substituted the specimen; or (l) is reported
   by the MRO as having a verified adulterated or substituted test result. An applicant who fails to appear for a pre-
employment test, who leaves the testing site before the pre-employment testing process commences, or who does
   not provide a urine specimen because he or she has left before it commences is not deemed to have refused to
   submit to testing.

13.        “Safety-Sensitive Functions” are on-duty functions from the time the driver begins work or is required to be in
readiness to work until relieved from work and all responsibility for performing work, and include such functions as
   driving, loading and unloading vehicles, or supervising or assisting in the loading or unloading of vehicles,
   servicing, repairing, obtaining assistance to repair, or remaining in attendance during the repair of a disabled
   vehicle.

14. “Screening Test Technician” (STT) means anyone who instructs and assists individuals in the alcohol testing
process and operates an ASD.

15.        “Stand Down” means the practice of temporarily removing an employee from performing safety-sensitive functions
   based only upon a laboratory report to the MRO of a confirmed positive test for a drug or drug metabolite, an
   adulterated test, or a substituted test before the MRO completes the verification process.

16. “Substance Abuse Professional” (SAP) means a qualified person who evaluates employees who have violated a
DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing,
and aftercare.

C. Policy and Educational Materials

1. The school district shall provide a copy of this policy and procedures to each driver prior to the start of its alcohol
and drug testing program and to each driver subsequently hired or transferred into a position requiring driving of a
CMV.

2. The school district shall provide to each driver information required under Title 49 of the Code of Federal
Regulations, including information concerning the effects of alcohol and controlled substances use on an
individual’s health, work, and personal life; signs and symptoms of an alcohol or controlled substance problem (the
driver’s or a coworker’s); and available methods of intervening when an alcohol or controlled substance problem is
suspected, including confrontation, referral to an employee assistance program, and/or referral to management.

3. The school district shall provide written notice to representatives of employee organizations that the information
described above is available.

4. The school district shall require each driver to sign a statement certifying that the driver received a copy of the
policy and materials. This statement should be in the form of Attachment A to this policy. The school district will
maintain the original signed certificate and will provide a copy to the driver if the driver so requests.

D. Alcohol and Controlled Substances Testing Program Manager

1. The program manager will coordinate the implementation, direction, and administration of the alcohol and
controlled substances testing policy for bus drivers. The program manager is the principal contact for the collection
site, the testing laboratory, the MRO, the BAT, the SAP, and the person submitting to the test. Employee questions
concerning this policy shall be directed to the program manager.

2. The school district designates the following individual as the program manager and DER:

Bryan Barnhart
8055 Wallace Road, Eden Prairie, Minnesota 55344
952-975-7512

3. The school district shall designate a program manager and provide written notice of the designation to each driver
along with this policy.

E. Specific Prohibitions for Drivers

1. Alcohol Concentration

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having
an alcohol concentration of 0.04 or greater. Drivers who test greater than 0.04 will be taken out of service and will
be subject to evaluation by a professional and retesting at the driver’s expense.

2. Alcohol Possession

No driver shall be on duty or operate a CMV while the driver possesses alcohol.

3. On-Duty Use

No driver shall use alcohol while performing safety-sensitive functions.

4. Pre-Duty Use

No driver shall perform safety-sensitive functions within four (4) hours after using alcohol.

5. Use Following an Accident

No driver required to take a post-accident test shall use alcohol for eight (8) hours following the accident, or until the
driver undergoes a post-accident alcohol test, whichever occurs first.

6. Refusal to Submit to a Required Test

No driver shall refuse to submit to an alcohol or controlled substances test required by post-accident, random,
reasonable suspicion, return-to-duty, or follow-up testing requirements. A verified adulterated or substituted drug test
shall be considered a refusal to test.

7. Use of Controlled Substances

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the
driver uses any controlled substance, except when the use is pursuant to instructions (which have been presented
   to the school district) from a licensed medical practitioner who is familiar with the driver’s medical history and has
   advised the driver that the substance does not adversely affect the driver’s ability to safely operate a CMV.
   Controlled substance includes medical cannabis, regardless of whether the driver is enrolled in the state registry
   program.

8. Positive, Adulterated, or Substituted Test for Controlled Substance

No driver shall report for duty, remain on duty, or perform a safety-sensitive function if the driver tests positive for
controlled substances, including medical cannabis, or has adulterated or substituted a test specimen for controlled
substances.

9. General Prohibition

Drivers are also subject to the general policies and procedures of the school district that prohibit possession,
   transfer, sale, exchange, reporting to work under the influence of drugs or alcohol, and consumption of drugs or
   alcohol while at work or while on school district premises or operating any school district vehicle, machinery, or
   equipment.

F. Other Alcohol-Related Conduct

No driver found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform safety-sensitive
   functions for at least twenty-four (24) hours following administration of the test. The school district will not take any action
   under this policy other than removal from safety-sensitive functions based solely on test results showing an alcohol
   concentration of less than 0.04 but may take action otherwise consistent with law and the policies of the school district.

G. Prescription Drugs/Cannabinoid Products

A driver shall inform the driver’s supervisor if at any time the driver is using a controlled substance pursuant to a
   physician’s prescription. The physician’s instructions shall be presented to the school district upon request. Use of a
   prescription drug shall be allowed if the physician has advised the driver that the prescribed drug will not adversely affect
   the driver’s ability to safely operate a CMV. Use of medical cannabis is prohibited notwithstanding the driver’s enrollment
   in the patient registry. Use of nonintoxicating cannabinoids or edible cannabinoid products is not a legitimate medical
   explanation for a confirmed positive test result for cannabis. MROs will verify a drug test confirmed as positive, even if a
   driver claims to have only used nonintoxicating cannabinoids or edible cannabinoid product.

H. Testing Requirements

Pre-Employment Testing

a. A driver applicant shall undergo testing for controlled substances, including medical cannabis, before
the first time the driver performs safety-sensitive functions for the school district.

b. Tests shall be conducted only after the applicant has received a conditional offer of employment.

c. To be hired, the applicant must test negative and must sign an agreement in the form of Attachment B
to this policy, authorizing former employers to release to the school district all information on the
applicant’s alcohol tests with results of blood alcohol concentration of 0.04 or higher, or verified positive
results for controlled substances, including medical cannabis, or refusals to be tested (including verified
adulterated or substituted drug test results), or any other violations of DOT agency drug and alcohol
testing regulations, or, if the applicant violated the testing regulations, documentation of the applicant’s
successful completion of DOT return-to-duty requirements (including follow-up tests), within the
preceding two (2) years.

d. The applicant also must be asked whether he or she has tested positive, or refused to test, on any pre-
employment drug or alcohol test administered by an employer to which the employee, during the last
two (2) years, applied for, but did not obtain, safety-sensitive transportation work covered by DOT
testing rules.

e. Before employing a driver subject to controlled substances and alcohol testing, the school district must
conduct a full pre-employment query of the federal Commercial Driver’s License (CDL) Drug and
Alcohol Clearinghouse (“Clearinghouse”) to obtain information about whether the driver (1) has a
verified positive, adulterated, or substituted controlled substances test result; (2) has an alcohol
confirmation test with a concentration of 0.04 or higher; (3) has refused to submit to a test in violation of
federal law; or (4) that an employer has reported actual knowledge that the driver used alcohol on duty,
before duty, or following an accident in violation of federal law or used a controlled substance in
violation of federal law. The applicant must give specific written or electronic consent for the school
district to conduct the Clearinghouse full query (see Attachment C to this policy). The school district
shall retain the consent for three (3) years from the date of the query.

2. Post-Accident Testing

a. As soon as practicable following an accident involving a CMV, the school district shall test the driver for
alcohol and controlled substances, including medical cannabis, if the accident involved the loss of
human life or if the driver receives a citation for a moving traffic violation arising from an accident which
results in bodily injury or disabling damage to a motor vehicle.

b. Drivers should be tested for alcohol use within two (2) hours and no later than eight (8) hours after the
accident.

c. Drivers should be tested for controlled substances, including medical cannabis, no later than thirty-two
(32) hours after the accident.

d. A driver subject to post-accident testing must remain available for testing, or shall be considered to have
refused to submit to the test.

e. If a post-accident alcohol test is not administered within two (2) hours following the accident, the
school district shall prepare and maintain on file a record stating the reasons the test was not promptly
administered and continue to attempt to administer the alcohol test within eight (8) hours.

f.           If a post-accident alcohol test is not administered within eight (8) hours following the accident or a
post-accident controlled substances test is not administered within thirty-two (32) hours following the
    accident, the school district shall cease attempts to administer the test, and prepare and maintain on file
   a record stating the reasons for not administering the test.

g. The school district shall report drug and alcohol program violations to the Clearinghouse as required
under federal law.

3. Random Testing

a. The school district shall conduct tests on a random basis at unannounced times throughout the year, as
required by the federal regulations.

b. The school district shall test for alcohol at a minimum annual percentage rate of 10% of the average
number of driver positions, and for controlled substances, including medical cannabis, at a minimum
annual percentage of 50%.

c. The school district shall adopt a scientifically valid method for selecting drivers for testing, such as
random number table or a computer-based random number generator that is matched with identifying
numbers of the drivers. Each driver shall have an equal chance of being tested each time selections
are made. Each driver selected for testing shall be tested during the selection period.

d. Random tests shall be unannounced. Dates for administering random tests shall be spread reasonably
throughout the calendar year.

e. Drivers shall proceed immediately to the collection site upon notification of selection; provided,
however, that if the driver is performing a safety-sensitive function, other than driving, at the time of
notification, the driver shall cease to perform the function and proceed to the collection site as soon as
possible.

f. Drivers shall only be tested for alcohol while the driver is performing safety-sensitive functions, just
before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing
such functions.

4. Reasonable Suspicion Testing

a. The school district shall require a driver to submit to an alcohol test when a supervisor or school district
official, who has been trained in accordance with the regulations, has reasonable suspicion to believe
that the driver has used alcohol in violation of this policy. This includes alcohol use during duty, while
performing safety-sensitive functions, or within four (4) hours before reporting to duty. Reasonable
suspicion testing for alcohol may be conducted only if the required observations are made during, just
preceding, or just after the driver’s performance of safety-sensitive functions. The person who makes
the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the
alcohol test of the driver. The test shall be done as soon as practicable following the observation of the
behavior indicative of the use of alcohol.

The school district shall require a driver to submit to a test for controlled substances, including medical
cannabis, when a supervisor or school district official, who has been trained in accordance with the
regulations, has reasonable suspicion to believe that the driver has used controlled substances,
including medical cannabis, in violation of this policy. The test shall be done as soon as practicable
following the observation of the behavior indicative of the use of controlled substances.

c. The reasonable suspicion determination must be based on specific, contemporaneous, articulable
   observations concerning the driver’s appearance, behavior, speech, or body odors. The required
   observations for reasonable suspicion of a controlled substances violation may include indications of
   the chronic and withdrawal effects of controlled substances.

d. Alcohol testing shall be administered within two (2) hours following a determination of reasonable
   suspicion. If it is not done within two (2) hours, the school district shall prepare and maintain a record
   explaining why it was not promptly administered and continue to attempt to administer the alcohol test
   within eight (8) hours. If an alcohol test is not administered within eight (8) hours following the
   determination of reasonable suspicion, the school district shall cease attempts to administer the test and
   state in the record the reasons for not administering the test.

e. The supervisor or school district official who makes observations leading to an alcohol or controlled
substances reasonable suspicion test shall make and sign a written record of the observations within
twenty-four (24) hours of the observed behavior or before the results of the alcohol or controlled
substances tests are released, whichever is earlier.

5. Return-To-Duty Testing

A driver found to have violated this policy shall not return to work until an SAP has determined the employee has successfully complied with prescribed education and/or treatment and until undergoing return-to-duty tests indicating an alcohol concentration of less than 0.02 and a confirmed negative result for the use of controlled substances. The school district is not required to return a driver to safety-sensitive duties because the driver has met these conditions; this is a personnel decision subject to collective bargaining agreements or other legal requirements.

6. Follow-Up Testing

When an SAP has determined that a driver is in need of assistance in resolving problems with alcohol and/or controlled substances, the driver shall be subject to unannounced follow-up testing as directed by the SAP for up to sixty (60) months after completing a treatment program.

7. Refusal to Submit and Attendant Consequences

a. A driver or driver applicant may refuse to submit to drug and alcohol testing.

b. Refusal to submit to a required drug or alcohol test subjects the driver or driver applicant to the
consequences specified in federal regulations as well as the civil and/or criminal penalty provisions of 49
United States Code, section 521(b). In addition, a refusal to submit to testing establishes a presumption that
the driver or driver applicant would test positive if a test were conducted and makes the driver or driver
applicant subject to discipline or disqualification under this policy.

c. A driver applicant who refuses to submit to testing shall be disqualified from further consideration for the
conditionally offered position.

d. An employee who refuses to submit to testing shall not be permitted to perform safety-sensitive functions and
will be considered insubordinate and subject to disciplinary action, up to and including dismissal. If an
employee is offered an opportunity to return to a DOT safety-sensitive duty, the employee will be evaluated by
an SAP and must submit to a return-to-duty test prior to being considered for reassignment to safety-sensitive
functions.

e. Drivers or driver applicants who refuse to submit to required testing will be required to sign Attachment D to
this policy.

I. Testing Procedures

1. Drug Testing

a. Drug testing is conducted by analyzing a donor’s urine specimen. Split urine samples will be collected
in accordance with federal regulations. The donor will provide a urine sample at a designated collection
site. The collection site personnel will then pour the sample into two sample bottles, labeled “primary”
and “split,” seal the specimen bottles, complete the chain of custody form, and prepare the specimen
bottles for shipment to the testing laboratory for analysis. The specimen preparation shall be conducted
in the presence of the donor.

b.            If the donor is unable to provide the appropriate quantity of urine, the collection site person shall
   instruct the individual to drink up to forty (40) ounces of fluid distributed reasonably through a period of
   up to three (3) hours to attempt to provide a sample. If the individual is still unable to provide a
   complete sample, the test shall be discontinued and the school district notified. The DER shall refer the
   donor for a medical evaluation to determine if the donor’s inability to provide a specimen is genuine or
   constitutes a refusal to test. For pre-employment testing, the school district may elect to not have a
   referral made, and revoke the employment offer.

c.            Drug test results are reported directly to the MRO by the testing laboratory. The MRO reports the
   results to the DER. If the results are negative, the school district is informed and no further action is
   necessary. If the test result is confirmed positive, adulterated, substituted, or invalid, the MRO shall
   give the donor an opportunity to discuss the test result. The MRO will contact the donor directly, on a
   confidential basis, to determine whether the donor wishes to discuss the test result. The MRO shall
   notify each donor that the donor has seventy-two (72) hours from the time of notification in which to
request a test of the split specimen at the donor’s expense. No split specimen testing is done for an
   invalid result.

d. If the donor requests an analysis of the split specimen within seventy-two (72) hours of having been
   informed of a confirmed positive test, the MRO shall direct, in writing, the laboratory to provide the split
   specimen to another Department of Health and Human Services – SAMHSA certified laboratory for
   analysis. If the donor has not contacted the MRO within seventy-two (72) hours, the donor may
   present the MRO information documenting that serious illness, injury, inability to contact the MRO, lack
   of actual notice of the confirmed positive test, or other circumstances unavoidably prevented the donor
   from timely making contact. If the MRO concludes that a legitimate explanation for the donor’s failure
   to contact him/her within seventy-two (72) hours exists, the MRO shall direct the analysis of the split
   specimen. The MRO will review the confirmed positive test result to determine whether an acceptable
   medical reason for the positive result exists. The MRO shall confirm and report a positive test result to
   the DER and the employee when no legitimate medical reason for a positive test result as received
   from the testing laboratory exists.

e.            If, after making reasonable efforts and documenting those efforts, the MRO is unable to reach the
   donor directly, the MRO must contact the DER who will direct the donor to contact the MRO. If the
   DER is unable to contact the donor, the donor will be suspended from performing safety-sensitive
   functions.

f. The MRO may confirm the test as a positive without having communicated directly with the donor
about the test results under the following circumstances:

(1) The donor expressly declines the opportunity to discuss the test results;

(2) The donor has not contacted the MRO within seventy-two (72) hours of being instructed to
do so by the DER; or

(3)          The MRO and the DER, after making and documenting all reasonable efforts, have not
   been able to contact the donor within ten (10) days of the date the confirmed test result
   was received from the laboratory.

2. Alcohol Testing

a. The federal alcohol testing regulations require testing to be administered by a BAT using an EBT or an
STT using an ASD. EBTs and ASDs can be used for screening tests but only EBTs can be used for
confirmation tests.

b. Any test result less than 0.02 alcohol concentration is considered a “negative” test.

c. If the donor is unable to provide sufficient saliva for an ASD, the DER will immediately arrange to use
an EBT. If the donor attempts and fails to provide an adequate amount of breath, the school district
will direct the donor to obtain a written evaluation from a licensed physician to determine if the donor’s
inability to provide a breath sample is genuine or constitutes a refusal to test.

d. If the screening test results show alcohol concentration of 0.02 or higher, a confirmatory test
conducted on an EBT will be required to be performed between fifteen (15) and thirty (30) minutes
after the completion of the screening test.

e. Alcohol tests are reported directly to the DER.

J. Driver/Driver Applicant Rights

1.      All drivers and driver applicants subject to the controlled substances testing provisions of this policy who receive
   a confirmed positive test result for the use of controlled substances have the right to request, at the driver’s or
   driver applicant’s expense, a confirming retest of the split urine sample. If the confirming retest is negative, no
   adverse action will be taken against the driver, and a driver applicant will be considered for employment.

K. Testing Laboratory

The testing laboratory for controlled substances will be Trust in Us, LLC, 2597 7^th Avenue East, North St. Paul, MN
55109, 763-712-8378, which is a laboratory certified by the Department of Health and Human Services – SAMHSA to
perform controlled substances testing pursuant to federal regulations.

L. Confidentiality of Test Results

All alcohol and controlled substances test results and required records of the drug and alcohol testing program are
considered confidential information under federal law and private data on individuals as that phrase is defined in
Minnesota Statutes, chapter 13. Any information concerning the individual’s test results and records shall not be
released without written permission of the individual, except as provided for by regulation or law.

M. Recordkeeping Requirements and Retention of Records

1. The school district shall keep and maintain records in accordance with the federal regulations in a secure
location with controlled access.

2. The required records shall be retained for the following minimum periods:

Basic records: 5 years

“Basic records” includes records of: (a) alcohol test results with concentration of 0.02 or greater; (b) verified
positive drug test results; (c) refusals to submit to required tests (including substituted or adulterated drug test
results); (d) SAP reports; (e) all follow-up tests and schedules for follow-up tests; (f) calibration
documentation; (g) administration of the testing programs; and (h) each annual calendar year summary.

Information obtained from previous employers: 3 years

Alcohol and controlled substance collection procedures: 2 years

Negative and cancelled controlled substance tests: 1 year

Alcohol tests with less than 0.02 concentration: 1 year

Education and training records: indefinite

“Education and training records” must be maintained while the individuals perform the functions which require
training and for the two (2) years after ceasing to perform those functions.

3. Personal Information

Personal information about all individuals who undergo any required testing under this policy will be shared
with the U.S. DOT Drug & Alcohol Clearinghouse (“Clearinghouse) as required under federal law, including:

a. The name of the person tested;

b. Any verified positive, adulterated, or substituted drug test result;

c. Any alcohol confirmation test with a BAC concentration of 0.04 or higher;

d. Any refusal to submit to any test required hereunder;

e. Any report by a supervisor of actual knowledge of use as follows

(1) Any on-duty alcohol use;

(2) Any pre-duty alcohol use;

(3) Any alcohol use following an accident; and

(4) Any controlled substance use.

f. Any report from a substance abuse professional certifying successful completion of the return-to-work
process;

g. Any negative return-to-duty test; and

h. Any employer’s report of completion of follow-up testing.

N. Training

The school district shall ensure all persons designated to supervise drivers receive training. The designated employees
shall receive at least sixty (60) minutes of training on alcohol misuse and at least sixty (60) minutes of training on
controlled substances use. The training shall include physical, behavioral, speech, and performance indicators of
probable misuse of alcohol and use of controlled substances. The training will be used by the supervisors to make
determinations of reasonable suspicion.

O. Consequences of Prohibited Conduct and Enforcement

1. Removal

The school district shall remove a driver who has engaged in prohibited conduct from safety-sensitive functions. A driver shall not be permitted to return to safety-sensitive functions until and unless the return-to-duty requirements of federal DOT regulations have been completed.

2. Referral, Evaluation, and Treatment

a. A driver or driver applicant who has engaged in prohibited conduct shall be provided a listing of SAPs
readily available to the driver or applicant and acceptable to the school district.

b. If the school district offers a driver an opportunity to return to a DOT safety-sensitive duty following a
violation, the driver must be evaluated by an SAP and the driver is required to successfully comply with
the SAP’s evaluation recommendations (education, treatment, follow-up evaluation(s), and/or ongoing
services). The school district is not required to provide a SAP evaluation or any subsequent
recommended education or treatment.

c. Drivers are responsible for payment for SAP evaluations and services unless a collective bargaining
agreement or employee benefit plan provides otherwise.

d. Drivers who engage in prohibited conduct also are required to comply with follow-up testing
requirements.

3. Disciplinary Action

a. Any driver who refuses to submit to post-accident, random, reasonable suspicion, or follow-up testing
not only shall not perform or continue to perform safety-sensitive functions, but also may be subject to
disciplinary action, which may include immediate suspension without pay and/or immediate discharge.

b. Drivers who test positive with verification of a confirmatory test or are otherwise found to be in violation
of this policy or the federal regulations shall be subject to disciplinary action, which may include
immediate suspension without pay and/or immediate discharge.

c. Nothing in this policy limits or restricts the right of the school district to discipline or discharge a driver for
conduct which not only constitutes prohibited conduct under this policy but also violates the school
district’s other rules or policies.

P. Other Testing

The school district may request or require that drivers submit to cannabis testing or drug and alcohol testing other than
   that required by federal law. For example, drivers may be requested or required to undergo cannabis testing or drug and
   alcohol testing on an annual basis as part of a routine physical examination. Such additional testing of drivers will be
   conducted only in accordance with the provisions of this policy and as provided in Minnesota Statutes, sections
   181.950-181.957.

Q. Report to Clearinghouse

The school district shall promptly submit to the Clearinghouse any record generated of an individual who refuses to take
   an alcohol or controlled substance test required under Title 49, Code of Federal Regulations, tests positive for alcohol or
   a controlled substance in violation of federal regulations, or violates subpart B of Part 382 of Title 49, Code of Federal
   Regulations (or any subsequent corresponding regulations).

R. Annual Clearinghouse Query

1.           The school district must conduct a query of the Clearinghouse record at least once per year for information for
all employees subject to controlled substance and alcohol testing related to CMV operation to determine
   whether information exists in the Clearinghouse about those employees. In lieu of a full query, the school
   district may obtain the individual driver’s consent to conduct a limited query to satisfy the annual query
   requirement. The limited query will tell the employer whether there is information about the driver in the
   Clearinghouse but will not release that information to the employer. If the limited query shows that information
exists in the Clearinghouse about the driver, the school district must conduct a full query within twenty-four (24)
hours or must not allow the driver to continue to perform any safety-sensitive function until the employee
conducts the full query and the results confirm the driver’s Clearinghouse record contains no prohibitions
showing the driver has a verified positive, adulterated or substituted controlled substances test result, has an
alcohol confirmation test with a concentration of 0.04 or higher, has refused to submit to a test, or was reported
to have used alcohol on duty, before duty, following an accident or otherwise used a controlled substance in
violation of the regulations except where the driver completed the SAP evaluation, referral and
education/treatment process as required by the regulations. The school district shall comply with the query
requirements set forth in 49 Code of Federal Regulations, section 382.701.

2. The school district may not access an individual’s Clearinghouse record unless the school district (1) obtains
the individual’s prior written or electronic consent for access to the record; and (2) submits proof of the
individual’s consent to the Clearinghouse. The school district must retain the consent for three (3) years from
the date of the last query. The school district shall retain for three (3) years a record of each request for records
from the Clearinghouse and the information received pursuant to the request.

3. The school district shall protect the individual’s privacy and confidentiality of each Clearinghouse record it
receives. The school district shall ensure that information contained in a Clearinghouse record is not divulged
to a person or entity not directly involved in assessing and evaluating whether a prohibition applies with
respect to the individual to operate a CMV for the school district.

4. The school district may use an individual’s Clearinghouse record only to assess and evaluate whether a
prohibition applies with respect to the individual to operate a CMV for the school district.

III. POSTING

The school district shall post notice in an appropriate and conspicuous location on its premises that it has adopted a drug and alcohol testing policy and that copies of the policy are available for inspection during regular business hours by its employees or job applicants in its personnel office or other suitable locations.

Adopted: 1/26/2026

Navigate