Code Number: 439.09
The District’s Drug-Free Workplace policy prohibits the use, possession, sale, transfer, purchase, or being under the influence of alcohol or drugs or other intoxicants by employees at any time while on District property, in the workplace, or while on District business. Any employee found to be in violation shall be subject to disciplinary action up to and including termination. Drugs prescribed to an employee by a licensed physician and used in accordance with such prescription may be possessed and used by the employee as long as the drug does not impair the employee’s ability to perform his or her job safely.
Alcohol and drug testing of employees and applicants shall be conducted in accordance with applicable law and in furtherance of the District’s Substance-Free Workplace policy. This policy is intended to comply with regulations issued by the Department of Transportation for DOT-covered drivers, or where otherwise indicated, pursuant to the authority of the District.
All school bus drivers and other employees of the District whose positions require that they hold a valid commercial driver’s license shall be subject to mandatory drug and alcohol testing in accordance with DOT (Part 40) regulations. Such testing includes pre-employment drug testing and random, reasonable suspicion, post-accident, return to duty, and follow-up drug and alcohol testing. Other employees of the District are subject to reasonable suspicion, and return to duty and follow-up drug and alcohol testing based on the authority of the District.
Drivers and other employees who test positive for alcohol or illegal drug use in violation of District policies and procedures, or otherwise violate District administrative procedures implementing this policy, will be subject to discipline, up to and including termination from their position on the first offense.
Any employee who is subject to this policy and who refuses to submit to alcohol or drug tests shall be suspended immediately and will be subject to discipline, up to and including termination.
A refusal to test or a positive test for use of illegal drugs will disqualify a covered applicant from employment in a District position.
To ensure the accuracy and fairness of the testing program, all testing will be conducted according to Substance Abuse and Mental Health Services Administration (SAMSHA) guidelines where applicable and will include a screening test; a confirmation test; the opportunity for a split sample; review by a Medical Review Officer (MRO), including the opportunity for employees who test positive to provide a legitimate medical explanation, such as a physician’s prescription, for the positive result; and a documents chain of custody
The Superintendent or his/her designee will disseminate information regarding the drug and alcohol testing program. The Supervisor for Transportation shall be responsible for addressing questions related to the DOT drug and alcohol testing program and the Director of Human Resources shall be responsible for addressing non-DOT employee questions regarding the District’s drug and alcohol testing program.
- First Adoption:
- 1995-01-24
- Revision Adoption:
- March 26, 1996/ April 12, 2005/ October 12, 2009/ April 8, 2013/ July 15, 2019
- Reviewed Dates:
- June 17, 2019
- Legal Reference:
-
American Trucking Association, Inc., v. Federal Highway Administration, 51 F. 3rd 405 (4th Cir. 1995).
41 U.S.C. §§ 8101 et seq.
42 U.S.C. §12114
49 U.S.C. §5331
49 C.F.R. Pt. 40; 382; 391
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)