Orig. Code(s): GBEDA
Drug and Alcohol Testing - Transportation Personnel
The district is 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).
Accordingly, all employees subject to commercial driver’s license (CDL) requirements shall be prohibited from:
1. The use of drugs, unless a written prescription from a licensed doctor or osteopath is provided, including a statement advising that the substance does not adversely affect the driver’s ability to safely operate a commercial motor vehicle;
2. The use of alcohol including:
a. While on duty;
b. Eight hours before driving, in accordance with Oregon Administrative Rules;
c. Eight hours following an accident;
d. Consumption resulting in prohibited levels of alcohol in the system.
“Drugs” as used in this policy refer to controlled substances covered by the OTETA, including marijuana, cocaine, opiates, amphetamines and phencyclindine (PCP).
All covered individuals offered employment with the district and employees transferring to positions subject to OTETA shall be required to submit to preemployment drug testing, including reasonable suspicion, random and postaccident testing. Return-to-duty and follow-up testing may also be required.
Preemployment drug testing costs will be paid for by the employee. Preemployment testing for current employees who transfer into covered positions will be paid for by the district. All current employee drug and alcohol testing, including reasonable suspicion, random, postaccident, return-to-duty and follow-up testing costs will be paid for by the district. The district will comply with collective bargaining agreement provisions.
All offers of employment or transfer to covered positions with the district will be made contingent upon testing results. An individual who tests positive will not be hired or transferred.
Applicants who refuse drug testing will be terminated from employment consideration immediately.
Current employees who test positive will be subject to immediate disciplinary action up to and including dismissal in accordance with Board policy. Employees who test positive will be notified of available resources for evaluation and treatment. Additionally, employees may be subject to CDL prohibitions and penalties under OTETA and applicable Federal Motor Carrier Safety Administration Regulations.
Current employees who refuse to comply with testing requirements will be regarded as testing positive for drugs or testing with a breath alcohol content level of 0.02 or higher.
END OF POLICY
OAR 581-053-0015 (7)(u)
Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. Sections 31301-31317; 49 CFR Parts 40, 382 and 391-395 (2000).