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Littleton Public Schools Policy |
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Policy Code GBCBB Policy Name Drug and Alcohol Testing Adoption November 15, 1994 Revised |
In accordance with federal law and regulations, the District shall implement a controlled substance and alcohol testing program effective January 1, 1995. This policy shall apply to all full-time, part-time, and substitute District employees whose positions require a commercial driver’s license (CDL) (hereinafter referred to as “covered employees”). The District is further required to impose penalties, which may include termination, on covered employees whose test results confirm prohibited alcohol concentration levels or the presence of a controlled substance. The purpose of the testing program shall be to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by covered employees.
Prohibited Activity
Alcohol or controlled substance misuse by a covered employee that could affect performance of a safety-related or safety-sensitive function is prohibited. “Alcohol” is defined as ethyl alcohol or ethanol and includes medications containing alcohol. “Controlled substance” is defined as any substance deemed a controlled substance or a derivative thereof under federal or state law or which requires a licensed physician’s prescription for its medical use. A “safety-related” or safety-sensitive” function is defined as any function which requires the employee’s possession of a valid commercial driver’s license (CDL). This prohibition extends to 1) use of alcohol or controlled substance on the job; 2) use of alcohol or controlled substance during the four hours before performance of a safety-sensitive function; 3) having controlled substances or prohibited concentrations of alcohol in the individual’s system while performing safety-sensitive functions; 4) exhibiting behavior and/or appearance characteristic of alcohol or controlled substance misuse which might have an adverse effect on the employee’s ability to perform safety-sensitive functions due to alcohol or controlled substance misuse; and 5) use of alcohol or controlled substance following an accident until alcohol and/or controlled substance collection/testing is completed and the covered employee is off duty.
Covered employees shall notify their District supervisor if they are taking prescribed medication and shall submit a signed statement by the prescribing physician that such medication does not adversely affect the covered employee’s ability to perform a safety-sensitive function. If the employee does not obtain such statement from the prescribing physician, that employee shall be removed from their safety-sensitive position and placed on sick leave, unpaid leave, or temporary alternate duty which does not involve the performance of safety-sensitive functions until he/she is no longer required to take the medication.
Required Tests
A covered employee may not refuse to take a required test, may not request deviation from regulated collection/testing procedures, and shall remain available through completion of any required collection/testing.
District employees covered by the federal regulation shall be subject to the following five categories of alcohol and controlled substance testing: 1) Preemployment Testing, 2) Postaccident Testing, 3) Random Testing, 4) Reasonable Suspicion Testing, and 5) Return to Duty/Follow-Up Testing.
Consequences If Testing Indicates Drug or Alcohol Misuse
If the testing confirms prohibited alcohol concentration levels and/or the presence of a controlled substance, or the employee refuses to be tested or tampers with a test, the employee shall be deemed “unqualified” and removed immediately from safety-related functions in accordance with the federal regulations. The District is not required under federal law requiring drug and alcohol testing to provide rehabilitation, pay for substance abuse treatment, or to reinstate the employee.
All employment decisions involving reinstatement, termination, or dismissal shall be made in accordance with applicable District policies. The Board retains the authority consistent with state and federal law to discipline or discharge any employee whose current use of alcohol or controlled substances affects the employee’s qualifications for and performance of his/her duties.
Observance of this policy is a condition of employment.
Legal Reference: 49 U.S.C. §2717 et seq. (Omnibus Transportation Employee Testing Act of 1991)
49 C.F.R. Part 40, Procedures for Transportation Workplace Drug and Alcohol
Testing Programs
49 C.F.R. Part 382, Controlled Substance and Alcohol Use and Testing
49 C.F.R. Part 391, Qualification of Drivers
C.R.S., §42-2-501 et seq. (Commercial Driver’s License Act)
C.R.S., §18-18-201 et seq. (Controlled Substance Schedules)
8 C.C.R. 1507-1 (Colorado Department of Public Safety Rules)