Driver Drug Testing
For purposes of this Regulation, the following terms are defined:
- Alcohol -the intoxicating agent in beverage alcohol,
ethyl alcohol or other low molecular weight alcohols including methyl
and isopropyl alcohol.
- Driver -any person who operates a commercial motor
vehicle (CMV) or is required by the District to hold a commercial
drivers license (CDL). Driver includes, but is not limited to,
full-time, regularly employed drivers, casual, intermittent or
occasional drivers, leased drivers and independent, owner-operated
contractors. For purposes of preemployment/ pre-duty testing, driver
includes a person applying to the District for a position that
involves the driving of a commercial motor vehicle.
- Employee -an individual subject to drug urine and breath
alcohol testing. For purposes of pre-employment testing, employee includes
an applicant for employment.
- Medical Review Officer (MRO) -a licensed physician
responsible for receiving laboratory results generated by the
District's drug testing program who has knowledge of substance abuse
disorders and has appropriate medical training to interpret and
evaluate an individual's confirmed positive test result together with
his/her medical history and any other relevant medical information.
- Safety-Sensitive Function -a driver is considered to be
performing a safety-sensitive function during any period in which
he/she is actually performing, is ready to perform or is immediately
available to perform any safety-sensitive function. Safety-sensitive
functions include the following on-duty functions: all time at a
facility waiting to be dispatched; all time inspecting or servicing a
commercial motor vehicle; all time spent at the driving controls of a
commercial motor vehicle; all time, other than driving time, spent on
or in a commercial motor vehicle (except sleeping time); all time
loading or unloading a commercial motor vehicle, assisting in loading
or unloading, attending a vehicle being loaded or unloaded, remaining
in readiness to operate the vehicle, or in giving or receiving receipts
for shipments loaded or unloaded; all time spent performing the driver
requirements associated with an accident; and all time repairing,
obtaining assistance, or remaining in attendance upon a disabled
- Substance Abuse Professional -a person who evaluates
employees who have violated a Department of Transportation (DOT) drug
and alcohol regulation and makes recommendations concerning education,
treatment, follow-up testing and aftercare.
Those District employees who are subject to the prohibitions and
mandatory testing requirements of this regulation include all
transportation workers, including, but not limited to, bus drivers and
maintenance workers, who:
- Hold commercial drivers licenses; and
- Who perform safety-sensitive functions at any time during the
course of their employment.
The Board designates the District's Manager of Transportation to be
the Program Coordinator to ensure that the District's employee alcohol
and drug program is implemented in accordance with federal regulations
and District policy and regulations. The Coordinator will also be
responsible for collecting and maintaining all records required by
federal law. The Coordinator's name, address and telephone number will
be provided to all covered employees.
Testing Program and Policy Information
Before beginning the testing program authorized by Policy 4871, the
District will distribute to all covered employees educational materials
that explain the requirements of the federal alcohol and drug testing
regulations, and the District's policies and procedures with respect to
meeting those requirements. The materials will include all information
required by federal law. Each covered employee must sign a receipt
indicating that he/she has received these materials prior to the
beginning of alcohol and drug testing.
ALCOHOL MISUSE PREVENTION AND TESTING PROGRAM Prohibitions
- No driver shall use or possess, and the District shall prohibit
a driver from using or possessing, alcohol while on duty or while
performing a safety-sensitive function.
- No driver shall use, and the District shall not permit a driver
to use, alcohol for a minimum of four (4) hours before performing a
- No driver shall perform, and the District shall not permit a
driver to perform, safety sensitive functions, where the driver is
found, through testing conducted in conformity with federal rules, to
have an alcohol concentration of 0.04 or greater until the driver has
been evaluated by a substance abuse professional, completed any
rehabilitation required by the substance abuse professional, and
undergoes a return-to-duty test in which the driver tests at less than
0.02 for the presence of alcohol.
- A driver who tests, through testing conducted in conformity with
federal rules, at levels of 0.02 to 0.039 for the presence of alcohol
shall be prohibited from performing, and shall be removed by the
District from performing, safety-sensitive functions until the start of
the driver's next regularly scheduled duty, but not less than 24 hours
after the test was administered, and until he/she tests below 0.02.
- A driver who exhibits behavior and/or the appearance
characteristic of alcohol misuse will be prohibited from performing,
and will be removed from performing, safetysensitive functions until
the driver tests at less than 0.02 for the presence of alcohol.
- No driver required by federal law, or independent District
policy, to take a post-accident alcohol test shall use alcohol for
eight hours following the accident or until the driver undergoes a
post-accident alcohol test, whichever comes first.
Administration of Alcohol Tests
Alcohol testing will be conducted through the use of a federally
approved evidential breath testing devise (EBTD), and by a trained
breath alcohol technician (BAT), in accordance with federal
regulations. The District will contract with an outside agency or
organization to provide alcohol testing in accordance with federal
regulations. The contract will provide that the alcohol testing site
(1) must afford aural and visual privacy to the person being tested,
and (2) must be secured while the testing is taking place.
DRUG MISUSE PREVENTION AND TESTING PROGRAM Prohibitions
- The District prohibits the unauthorized use of controlled
substances. Illicit use of drugs by safety-sensitive employees is
prohibited on or off duty.
- No driver shall report for duty or remain on duty, and the
District shall prohibit a driver from reporting for duty or remaining
on duty, when the driver uses any drug, unless the drug is taken
pursuant to the instructions of a physician who has advised the driver
that the substance will not adversely affect his/her ability to safely
operate a commercial motor vehicle.
- The District may require a driver to notify it or the medical
review officer of any therapeutic drug use if the driver tests
positive, through testing conducted in conformity with federal law, for
any controlled substance.
- Following a determination through testing conducted in
conformity with federal law, that a driver has engaged in prohibited
use of drugs, the District will remove the driver from performing
safety-sensitive functions and will refer the driver to a substance
abuse professional. The District will not permit the driver to return
to the performance of safety-sensitive functions until the driver
submits a verified negative test result and completes any
rehabilitation required by a substance abuse professional.
Administration of Drug Tests
- Collection Site -The District will contract with an outside
agency or organization to serve as a collection site for the collection
of urine samples for laboratory drug testing. The District will ensure
that collection site personnel follow federally prescribed rules for
the collection of urine samples. The District will ensure that the
collection site generally ensures aural and visual privacy for the
person giving the sample. The collection site person will be required
to split the sample into two bottles (the primary specimen and the
split specimen). Following completion of a chain of custody form, the
collection site person will seal and ship both bottles to a laboratory
certified by the Department of Health and Human Services for analysis.
- Laboratory Analysis -The District will separately contract with a
certified laboratory to perform the required drug analysis. If the
primary specimen tests negative for drugs, the laboratory will dispose
of the split specimen. If the laboratory confirms that the primary
specimen tests positive, the laboratory will retain the split specimen
to ensure that it remains available for testing.
- Medical Review Officer -The District will contract with a
Medical Review Officer (MRO) who possesses the qualifications required
by federal regulations. The MRO will receive and review all laboratory
results generated by the District's drug testing program and will
report the results to the District's designee as required by federal
regulations. In the event the MRO receives a confirmed positive test
result from the laboratory, the MRO will make every reasonable effort
to confidentially contact the driver and give him/her the opportunity
to provide a legitimate, alternative medical explanation for the
positive result. If the MRO is unable to reach the driver directly, the
MRO shall, in accordance with federal regulations, contact the
District's designee who shall direct the driver to contact the MRO
immediately. The District's designee shall inform the employee of the
consequences of failing to contact the MRO within the next seventy-two
(72) hours. The designated management official shall employ
procedures that ensure, to the maximum extent practicable, that the
requirement that the employee contact the MRO is held in confidence. If
the MRO determines that there is a legitimate alternative medical
explanation for the positive result, the MRO will report the drug test
as being negative. If the employee expressly declines the opportunity
to discuss the test, the MRO may verify the test as positive. If the
employee is contacted by the designated employer representative but
does not contact the MRO within seventy-two (72) hours, the MRO
may verify the test as positive. If neither the MRO nor the
designated employer representative has been able to contact the
employee within ten (10) days after making all reasonable efforts, the
MRO may verify the test as positive. If the MRO verifies the presence
of illegal, controlled substances, the MRO shall inform the covered
employee that he or she has seventy-two (72) hours to request that the
split specimen retained by the laboratory be sent to another certified
laboratory for analysis. If the split specimen fails to confirm the
presence of illegal, controlled substances, the employee's test will be
reported as negative.
Pursuant to federal law, the District will require that all covered
employees submit to the following tests:
- Before any driver can perform a safety-sensitive function, the
driver must take a controlled substances test with a verified negative
- This testing is required of applicants and of employees
transferring to a covered position. Testing for newly hired drivers
shall be conducted prior to the employment offer, but in any event
before commencing safety-sensitive functions. If an applicant refuses
to submit to pre-employment drug testing, the District will remove the
applicant from employment consideration.
- After obtaining an applicant or employee's written consent, the
District shall request information regarding the drug and alcohol
testing record of employees it is intending to use to perform safety
sensitive duties, pursuant to federal regulations.
1. Pursuant to federal law, all drivers will be required to submit
to drug and alcohol testing as soon as practicable after any accident
(a) involving the loss of life or (b) after any accident in which the
driver receives a citation for a moving violation, if the accident
involved either (1) bodily injury to any person who, as a result of the
accident, immediately receives medical treatment away from the scene of
the accident, or
(2) disabling damage to one or more motor vehicles which requires
the motor vehicle to be transported away from the scene by a tow truck
or other motor vehicle. Pursuant to its independent authority, the
District requires all drivers to submit to drug and alcohol testing
after any accident in which the driver was performing safety-sensitive
- All post-accident testing shall be conducted within the
federally prescribed time periods. If a test is not conducted within
the required time periods, then the District will not require the
driver to submit to a test and the Program Coordinator, in accordance
with federal regulations, will prepare and maintain on file a report
and submit it to the Department of Transportation (DOT) documenting the
reason(s) why the test was not promptly given.
- Prior to performing safety-sensitive functions, all drivers will
be instructed on the necessity for post-accident testing and the
procedures to be followed for post-accident testing so that the drivers
can comply with federal regulations.
- The District will conduct random, unannounced testing for drugs
and alcohol for covered employees. The District's designee will
establish a scientifically valid random selection method and will
select covered employees using this method at unpredictable dates and
frequencies throughout the testing year. Under the selection method,
each covered employee will have an equal chance of being selected for
each testing date.
- Each year, the number of random alcohol tests conducted by the
District will equal at least 25% of the average number of covered
employees. Each year, the number of
random drug tests conducted by the District will equal at least 50% of
the average number of covered employees.
- Random alcohol testing will be conducted just before, during, or
just after a covered employee's performance of safety-sensitive duties.
Random testing for drugs does not have to be conducted in immediate
time proximity to the performance of safety-sensitive functions.
- Once notified of selection for testing, the covered employee
must proceed immediately (or as soon as possible) to the collection
site for testing.
Reasonable Suspicion Testing
- The District will require covered employees to be tested for
drugs and/or alcohol when the driver's supervisor and/or other properly
trained District officials determine that there is reasonable suspicion
to believe that the driver has violated the provisions of this Policy.
- All determinations that reasonable suspicion exists will be only
by trained individuals and will be made solely on the basis of
specific, contemporaneous, articulable observations concerning the
appearance, behavior, speech or body odors of the covered employee.
Possession of alcohol, standing alone, will not lead to reasonable
- Covered employees will be required to submit to reasonable
suspicion testing only if the required observations are made by a
trained supervisor or District official during, just preceding, or just
after the period of the workday that the covered employee is performing
a safety-sensitive function.
- The District designates the Program Coordinator as the District
official who will receive the requisite training to determine whether
reasonable suspicion exists to require a drug test and/or an alcohol
- The District designee will be responsible for making and signing
a written record of the observations leading to reasonable suspicion
testing for drugs and/or alcohol. With respect to drug testing, the
District designee will ensure that this written record is completed
within twenty four (24) hours of the observed behavior or before the
results of the drug test are released, whichever is earlier.
- When a driver is determined, by testing in conformity with
federal regulations, to have an alcohol concentration of 0.04 or
greater and/or a verified positive test result for drugs, the District
will refer that driver to a substance abuse professional. The substance
abuse professional will determine what assistance, if any, the driver
needs in resolving problems related to drug or alcohol abuse.
- Before a driver can return to the performance of
safety-sensitive functions, the driver must be evaluated by a substance
abuse professional to ensure that he/she has completed any necessary
rehabilitation. The driver must also submit the results of (1) an
alcohol concentration test showing an alcohol concentration of less
than 0.02 and (2) a verified negative drug test.
- When a covered employee who has violated prohibited alcohol
and/or drug standards returns to the performance of safety-sensitive
functions, he/she will be required to submit to follow-up testing.
- Follow-up tests are unannounced and at least six (6) tests must
be conducted in the first 12 months after the employee returns to duty.
Follow-up testing may be extended for a period not to exceed 60 months
following return to duty.
Refusal to Submit to Testing
- Federal regulations require covered employees to submit to
required testing. When a covered employee refuses to submit to testing,
or engages in conduct that obstructs the testing process, the test will
be considered to be positive and the driver will, in accordance with
federal regulations, be prohibited from performing safety-sensitive
functions until all preconditions are satisfied.
- Refusal to submit or to provide a specimen has the same
sanctions under the federal regulations as a positive test. Any
employee who fails to provide adequate breath or urine for testing must
obtain, as soon as possible after the attempted test, an evaluation
from a licensed physician who is acceptable to the employer concerning
the employee's inability to provide a sufficient specimen. If the
physician determines, in his/her reasonable medical judgment, that a
medical condition has, or with a high degree of probability could have,
precluded the employee from providing a sufficient quantity, the
employer's failure shall not be deemed a refusal to take a test. The
physician shall provide the District a written statement of the basis
for his/her conclusion. If the licensed physician, in his/her
reasonable medical judgment, is unable to make such a determination,
the employee's failure to provide an adequate specimen shall be
regarded as a refusal to take a test and a violation of this Policy.
TEST RESULTS, CONFIDENTIALITY AND RECORD RETENTION Employee
- All employee testing records are confidential and the District
will ensure that all testing records are maintained in a secure
location with controlled access. Test results and other confidential
information may be released by the laboratory, the breath alcohol
technician or the MRO only to designated District officials and/or the
substance abuse professional. Any other release of confidential
information is only pursuant to federal regulations or with the
employee's written consent.
- Covered employees are entitled, upon written request, to obtain
copies of any records pertaining to the employee's use of alcohol or
controlled substances, including records of tests and test results.
District Record Keeping and Retention
The District will comply with all federal record keeping and
retention requirements. In addition, the Program Coordinator will
maintain and compile all required statistics and reports and submit
those reports to the necessary federal agencies. The District will
notify the Director of the Department of Revenue within ten (10) days
of notice that a District driver has failed a drug, alcohol or chemical
test administered pursuant to this regulation.
Evaluation, Referral and Rehabilitation
Employees who violate the alcohol and drug misuse rules will be
referred to a substance abuse professional for evaluation and will be
advised of the available resources for evaluation and treatment. Any
treatment or rehabilitation will be provided in accordance with the
health insurance, medical or other benefit plan, or under applicable
labor or collective bargaining agreements. The District is not required
to provide rehabilitation or pay for treatment. In addition, the
District is not required to hold the employee's position or to
reinstate the employee to a safety-sensitive position.
Consequences for Violations
Pursuant to federal regulations, the District will remove from the
performance of safety-sensitive functions any covered employee
determined to have violated the provisions of this Policy and will
refer to a substance abuse professional those drivers who, based on
testing conducted in conformity with federal regulations, have an
alcohol concentration of 0.04 or greater and/or are determined to have
a verified positive test result for drugs. Based on its independent
authority, the District reserves the right to impose additional
consequences for violation of the provisions of this Regulation,
including, but not limited to, placing the covered employee on
indefinite unpaid leave or termination.