566R - Alcohol and Controlled Substance Testing

Frederick County Public Schools, in compliance with the Omnibus Transportation Employee Testing Act of 1991, has established and will maintain an alcohol and controlled substances testing program that is consistent with regulations promulgated by USDOT/FHWA. This program has been designed to ensure that all alcohol and/or controlled substance testing conducted under this act fully complies with the procedures established by the USDOT/Federal Highway Administration.

This policy applies to all employees who work in a safety‑sensitive position, and who are subject to the commercial drivers license requirements set forth by the United States Department of Transportation and the Virginia Division of Motor

Vehicles. A safety‑sensitive position is one which requires an employee to possess a commercial drivers license in order to perform the assigned responsibilities of his job. 

This alcohol and controlled substances testing program will be administered by the Supervisor of Transportation in cooperation with other departments. All administrators and supervisors will be responsible for communicating to the Supervisor of Transportation all new hires covered by this policy, and must immediately report any accidents involving employees covered by this policy. 

Definitions 

For the purpose of this regulation, the following words or phrases are defined for reference. 
  1. Alcohol - means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low weight alcohols including methyl and isopropyl alcohol.

  2. Alcohol Concentration - means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath.

  3. Alcohol Use - means the consumption of any beverage, mixture, or preparation, including any medication containing alcohol.

  4. Commercial Motor Vehicle - means a motor vehicle designed to carry 16 or more passengers including the driver, or a vehicle having a GVWR of 26,001 pounds or more, or a vehicle used to transport hazardous materials that have to be placarded by federal law.

  5. Confirmation Test - for alcohol testing, a confirmation test means a second test, following a screening test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled substances testing, a confirmation test is a second analytical procedure to identify the presence of a specific drug which is independent of the screening test.

  6. DOT Agency - is the United States Department of Transportation.

  7. Driver - is any employee who operates a commercial vehicle.

  8. Safety-Sensitive Function - means a driver is actually in the performance of his/her duties or during any period of time the driver is ready or available for a driving assignment.

  9. Refuse to Submit - means a driver fails to provide an adequate breath sample and/or fails to provide an adequate urine sample.

  10. Screening Test - is the initial test to determine the presence of alcohol and/or controlled substances.

  11. Medical Review Officer (MRO) - is a licensed physician responsible for receiving laboratory results who has knowledge of substance abuse disorders.
Education and Training

Frederick County Public Schools, through its education and training efforts, will provide covered employees with a copy of this policy, information on alcohol misuse, controlled substances use, and treatment resources. Employees will be required to acknowledge receipt of this information and consent to submit to alcohol and controlled substances testing as a condition of initial and/or continued employment.  

Required Tests

Each employee who operates a commercial motor vehicle and is subject to the commercial drivers license requirements set forth by the United States Department of Transportation and the Virginia Division of Motor Vehicles will be subject to the following types of tests: 
  1. Pre-Employment Testing - Prior to the first time a driver performs a safety‑sensitive function, the driver shall undergo testing for controlled substances.

  2. Post-Accident Testing - As soon as practicable following an accident involving a commercial motor vehicle, the driver shall be tested for alcohol and controlled substances subject to the following conditions:
     
    1. testing will be required if the accident involves a fatality; or

    2. testing will be required if the driver receives a citation under state or local law for a moving traffic violation arising from the accident, and at least one of the following situations exist:

      1. an injury requires treatment away from the scene; or

      2. a vehicle is required to be towed from the scene.
         
    A driver who is subject to post-accident testing must remain available for the purpose of conducting such tests. Frederick County Public Schools shall consider the absence of an employee as a refusal to submit to testing.
     
  3. Random Testing - shall be conducted in accordance with the following requirements:

    1. Random testing shall be administered at a minimum annual rate of:

      1. 25 percent selected for alcohol testing.

      2. 50 percent selected for controlled substances testing.

    2. Frederick County Public Schools shall ensure that tests are unannounced and spread reasonably throughout the calendar year.
       
    3. Frederick County Public Schools shall ensure that drivers selected proceed immediately to the testing site upon notification.
       
    4. Drivers shall only be tested for alcohol while performing, just prior to performing, or just after performing, a safety‑sensitive function. For controlled substances, employees may be tested at anytime while actively working for Frederick County Public Schools.

    5. Frederick County Public Schools will use a scientifically valid method, such as a random number table or a computer based random number generator that is matched with the driver's social security number to ensure selections are, in fact, anonymous. Under the selection process used, each covered employee shall have an equal chance of being tested each time selections are made.
       
  4. Reasonable Suspicion - will require a driver to submit to an alcohol or controlled substances test when a trained supervisor has reasonable suspicion to believe the driver has violated this policy.

    Reasonable suspicion is defined as a specific contemporaneous, articulable observation concerning the appearance, behavior, speech or body odors of the driver.

  5. Return to Duty/Follow-Up Testing - If a driver returns to duty following a violation of this policy, before returning to duty, an alcohol test with a BAC of lower than 0.02 and/or a controlled substances test, with a verified negative result, must be on file.
       
    Following a determination that a driver is in need of assistance with an alcohol/controlled substances problem, Frederick County Public Schools shall ensure that the driver is subject to unannounced follow-up testing as directed by a substance abuse professional.
Prohibited Acts Regarding Alcohol Use

No employee shall report for duty or remain on duty requiring the performance of a safety‑sensitive function while having a blood alcohol concentration of 0.02 or greater.
 
No employee shall be on duty or operate a commercial motor vehicle and possess alcohol unless the alcohol is manifested and part of a shipment.
 
No employee shall use alcohol while performing or within four hours prior to performing a safety-sensitive function.
 
No employee required to take a post-accident alcohol test shall use alcohol for eight hours following the accident or until he/she undergoes an alcohol test, whichever occurs first.
 
No employee will refuse to submit to any required alcohol test as specified in "Required Tests" section of this policy. 
 
Alcohol Testing 

Alcohol testing will be done using evidential breath testing (EBT) devices approved by the NHTSA.  Two breath tests are required to determine if a person has prohibited alcohol concentration. A screening test is conducted first. Any result less than 0.02 alcohol concentration is considered a "negative" test. If the alcohol concentration is 0.02 or greater, a second confirmation test will be conducted. 
 
The employee and the individual conducting the breath test will complete the alcohol testing form |o ensure that the results are properly recorded. The confirmation test results, if required, will determine any actions to be taken.  
 
Consequences of Alcohol Misuse 

Employees who engage in prohibited alcohol conduct, or test positive with an alcohol concentration of 0.02 up to 0.039 will be immediately suspended in accordance with Policy 537P, Personnel - Suspension and removed from safety-sensitive positions for no less than 24 hours, and referred to a substance abuse professional. 
 
The employee will not be allowed to return to work until they have been evaluated by a substance abuse professional and complied with any treatment recommendations. A certificate, identifying compliance with recommended treatment will be required upon the employee's return to duty. The cost of treatment and/or rehabilitation will not be provided by Frederick County Public Schools. 
 
Upon an employee's return to work, the employee will be subject to unannounced return-to-duty and follow-up testing. Follow-up testing will consist of at least six (6) tests within the first twelve (12) months and may continue for up to sixty (60) months. Subsequent positive test results within this range will be grounds for immediate dismissal. 
 
Employees who test positive with an alcohol concentration of 0.04 or greater will be immediately suspended in accordance with P537, removed from safety-sensitive positions, and be subject to immediate dismissal.  Frederick County Public Schools will consider an alcohol concentration of 0.04 or greater grounds for immediate dismissal. 
 
Alcohol Testing Records 

Alcohol testing records are confidential.  Test results and other confidential information may only be released to the employer and the substance abuse professional.  Any other release of this information is only with the employee's consent.  If the employee initiates a grievance, hearing, lawsuit or other action as a result of a violation of this policy, Frederick County Public Schools may release relevant information to the decision-maker. 
 
Prohibited Acts Regarding Controlled Substances Use 

No employee shall report for duty or remain on duty requiring the performance of a safety-sensitive function when using or under the influence of any controlled substances, except when the use is pursuant to the instructions of a physician who has advised the employee that the medication(s) prescribed shall not interfere with the safe operation of a commercial motor vehicle. 
 
No employee shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive for controlled substances. 
 
No employee will refuse to submit to any required controlled substances test as specified in "Required Tests" section of this policy.
 
Substances Abuse Testing 

Controlled substances testing will be conducted by analyzing an employee's urine specimen.  All urine specimens will be analyzed for the following controlled substances: 
  1. Marijuana (THC metabolite)

  2. Cocaine

  3. Amphetamines

  4. Opiates (including heroin)

  5. Phenkyclidine (PCP) 
The testing is a two-stage process. First, a screening test is performed. If it is positive for one or more controlled substances, then a confirmation test is performed for each identified controlled substance. 

All controlled substances test results are reviewed and interpreted by a Medical Review Officer (MRO) before they are reported to the employer. If the laboratory reports a positive result to the MRO, the MRO will contact the employee and conduct an interview to determine if there is an alternative medical explanation for the controlled substances found in the driver's urine specimen. If the employee provides appropriate documentation and the MRO determines that is legitimate medical use of the prohibited controlled substance, the controlled substances test result will be reported as negative to the employer.

Consequences of Controlled Substances Use 

Employees who test positive for controlled substances will be immediately suspended in accordance with P537, removed from safety-sensitive positions, and referred to a substance abuse professional. Frederick County Public Schools will consider a positive test result for controlled substances grounds for immediate dismissal. The cost of treatment and/or rehabilitation will not be provided by Frederick County Public Schools. 

Controlled Substances Testing Records 

Controlled substances testing records are confidential.  Test results and other confidential information may only be released to the employer and the medical review officer.  Any other release of this information is only with the employee's consent.  If the employee initiates a grievance, hearing, lawsuit or other action as a result of a violation of this policy, Frederick County Public Schools may release relevant information to the decision-maker.

Voluntary Admittance 

Employees who voluntarily admit to having an alcohol or controlled substance abuse problem will be immediately suspended without pay and removed from safety-sensitive positions, and be permitted to return to work after having met the following conditions: 
  1. Employee seeks treatment and/or rehabilitation.
     
  2. Successfully completes recommended treatment and/or rehabilitation.
     
  3. Provides a doctor's certification of successful treatment and/or rehabilitation. 
     
  4. Submits to return-to-duty and follow-up testing. Follow-up testing will consist of at least six (6) tests within the first twelve (12) months and may continue for up to sixty (60) months. Subsequent positive test results will be grounds for immediate dismissal.

Legal Reference(s):
Code of Virginia, Section(s) 22.1-296.2


Cross Reference(s):
Regulation 566R - Appendix: Alcohol and Controlled Substances Testing Acknowledgement and Consent
 

Adopted: March 15, 1995
Amended: August 9, 1995
Amended: November 6, 2013
Amended: July 2, 2018
Amended: September 12, 2018