Policy Details

4212.42 Drug and Alcohol Testing for School Bus Drivers/Student Transportation Vehicle Drivers (STVD)

4212.42

PERSONNEL

Drug and Alcohol Testing for School Bus Drivers/Student Transportation Vehicle Drivers (STVD)

The Litchfield Public Schools are committed to the establishment of a drug and alcohol misuse prevention program that meets all applicable requirements of the Omnibus Transportation Employee Testing Act of 1991 (OTETA) and applicable state statutes pertaining to pre-employment and random drug testing of school bus drivers. The District shall adhere to federal and state law in requiring bus driver/STVD to submit to a drug and alcohol testing program.

In addition to the above cited federal requirement, the Board of Education expects its school transportation carrier, by June 30, 2019, to provide training to all school bus drivers, including instruction on (1) identifying the signs and symptoms of anaphylaxis, (2) administering epinephrine by a cartridge injector ("EpiPen"), (3) notifying emergency personnel, and (4) reporting an incident involving a student's life-threatening allergic reaction.

Beginning on July 1, 2019, each carrier must provide this training to school bus/STV drivers following the issuance or renewal of a public passenger endorsement to operate a school bus for carrier employees, and upon the hiring of a school bus driver who is not employed by such carrier (e.g., subcontractor), except a driver who received the training after the most recent issuance or renewal of his or her endorsement is not required to repeat it.

Private service providers must ensure the District that it has a drug and alcohol testing program fulfilling federal regulations, and state law pertaining to a required pre-employment and random drug testing program for drivers of school buses and school transportation vehicles (STVs) that carry ten or fewer students.

Legal Reference: United States Code, Title 49
2717 Alcohol and controlled substances testing (Omnibus Transportation Employee Testing Act of 1991)
Code of Federal Regulations, Title 49
40 Procedures for Transportation Workplace Drug and Alcohol Testing Programs
382 Controlled Substance and Alcohol Use and Testing
395 Hours of Service Drivers
Holiday v. City of Modesto (1991) 229 Cal. App. 3d. 528, 540
International Brotherhood of Teamsters v. Department of Transportation
932 F. 2d 1292 (1991)
American Trucking Association, Inc. v. Federal Highway Administration, (1995) WL 136022 (4th circuit)

Litchfield Board of Education
Policy Adopted: 2/21/2019

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