RATIONALE/OBJECTIVE:

DEFINITIONS

(1) An "employee engaged in a safety-sensitive function" is an employee of the Cobb County School District who holds a Commercial Driver's License ("CDL") and who also operates or has reason to move a school bus or other commercial motor vehicle (as that term is defined by Federal regulations). For purposes of this policy, "employees engaged in a safety-sensitive function" shall include, but not be limited to, mechanics, school bus drivers, substitute school bus drivers, maintenance workers, coaches, teachers and administrators.

(2) "Measurable alcohol" means an alcohol concentration in a volume of breath of at least 0.02 grams of alcohol per 210 liters of breath.

STATEMENT OF PURPOSE

The Cobb County Board of Education is dedicated to providing safe and efficient transportation for students transported in school buses. The Board recognizes that safe student transportation depends on unimpaired judgment, physical dexterity and reflex actions, as well as the unimpaired senses of sight and hearing of employees engaged in safety-sensitive functions.

As a part of the Board's continuing effort to provide an environment for students and employees which promotes health and safety, the Board will not tolerate and hereby prohibits the unauthorized use, abuse, possession or sale of controlled substances or alcohol by employees engaged in safety-sensitive functions, and hereby implements a controlled substance and alcohol testing program for all employees engaged in safety-sensitive functions. The Board also prohibits any employee engaged in a safety-sensitive function from having measurable alcohol in his or her system. The Board will provide training, education and other assistance to employees to help them understand their responsibilities in achieving an environment free of alcohol and controlled substances.

Violation of this Policy shall result in disciplinary action which may include suspension or termination.The Administration is authorized to implement this Policy by appropriate regulations; provided, however, that such regulations must in all respects comply with Parts 40 and 382 of Title 49 of the Code of Federal Regulations.

RULE:

IMPLEMENTATION

In order to implement Board Policy GAH, the Administration adopts in their entirety the regulations contained in Parts 40 and 382 of Title 49 of the Code of Federal Regulations (the "Federal Regulations"). The alcohol and controlled substances testing program mandated by the Cobb County Board of Education shall be conducted using the requirements contained in the Federal Regulations. A copy of the Federal Regulations will be maintained on file in the offices of principals and supervisors of employees engaged in safety-sensitive functions.

PENALTIES

1. Any employee engaged in a safety-sensitive function who violates the prohibitions contained in Sections 382.201 through 382.215 of the Federal Regulations shall be immediately terminated. These prohibitions are as follows:

§ 382.201 - Alcohol concentration.
No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater.
 
§ 382.204 - Alcohol possession.
No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment.
 
§ 382.205 - On-duty use.
No driver shall use alcohol while performing safety-sensitive functions.
 
§ 382.207 - Pre-duty use.
No driver shall perform safety-sensitive functions within four hours after using alcohol.
 
§ 382.209 - Use following an accident.
No driver required to take a post-accident alcohol test under ' 382.303 of this part shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.
 
§ 382.211 - Refusal to submit to a required alcohol or controlled substances test.
No driver shall refuse to submit to a post-accident alcohol or controlled substances test required under § 382.303, a random alcohol or controlled substances test required under § 382.305, a reasonable suspicion alcohol or controlled substances test required under § 382.307, or a follow-up alcohol or controlled substances test required under § 382.311.

§ 382.213 - Controlled substances use.

(a) No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle.

(b) No employer having actual knowledge that a driver has used a controlled substance shall permit the driver to perform or continue to perform a safety-sensitive function.

(c) An employer may require a driver to inform the employer of any therapeutic drug use.

§ 382.215 - Controlled substances testing.
No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive for controlled substances.

2. Any employee in a safety-sensitive function who, pursuant to the testing provisions of the Federal Regulations, is found to have an alcohol concentration (as that term is defined in the Federal Regulations) of 0.02 or greater but less than 0.04 shall be immediately suspended for twenty-four (24) hours. Any employee engaged in a safety-sensitive function who, pursuant to the testing provisions of the Federal Regulations, is found to have an alcohol concentration (as that term is defined in the Federal Regulations) of 0.04 or greater shall be immediately terminated.

3. Any employee engaged in a safety-sensitive function who refuses to submit to any test required by the Federal Regulations shall be immediately terminated.

REFERRAL, EVALUATION AND TREATMENT

Any employee engaged in a safety-sensitive function who violates the prohibitions contained in Sections 382.201 through 382.215 of the Federal Regulations shall be referred to a substance abuse professional for evaluation. The cost of this evaluation shall be borne by the employee.

Authority: O.C.G.A. ''20-2-188, 20-2-1120, 20-2-1121; Federal Omnibus Transportation Employee Testing Act of 1991

Reclassified an Administrative Rule: 9/1/04