FILE:  GAMEB

Cf:  GAMD, GAMEA

 

DRUG ABUSE AND TESTING FOR BUS OPERATORS

 

 

The Caldwell Parish School Board, as a result of its responsibilities to its employees and to the public it serves, has a compelling obligation to eliminate illegal drug and alcohol use from its workplace.  The School Board recognizes the increased risks and dangers when employees use drugs in the workplace.  In an effort to provide a safe, healthful, and productive work environment, the School Board shall establish a drug and alcohol testing procedure for all drivers of a parish-owned vehicle or a contract vehicle, whether part-time or full-time, that require a Commercial Driver's License (CDL).  It is the intent of this policy to comply with current Federal and State statutes, and U.S. Department of Transportation regulations concerning drugs in the workplace and drug testing of selected employees.

 

APPLICATION

 

The provisions of this policy apply to all present and future full or part-time drivers, driver applicants, contract drivers, volunteers, and auxiliary personnel employed by or representing the School Board when driving a School Board vehicle or while driving on School Board business a vehicle that requires a CDL.  The School Board requires compliance with this policy as a condition of employment, continued employment, and continuation of contractual agreements with the School Board in the capacity of a driver.

 

The terms of this policy shall apply to all School Board property including but not limited to School Board land, offices, buildings, structures, installations, work locations, and all fixtures, machinery, and equipment herein.  This policy shall also apply to all owned, leased, or used automobiles, trucks, vehicles, equipment, or other transportation used at or while traveling to and from School Board property during the performance of any School Board business.  The term employee in this policy shall refer to anyone who drives a vehicle owned or contracted by the Caldwell Parish School Board that requires a CDL.

 

PROHIBITIONS

 

The unlawful use, abuse, confirmed presence in the body, possession, manufacture, distribution, dispensation, transfer, storage, concealment, or sale of legal and illegal drugs, controlled substances, alcoholic beverages, or drug related paraphernalia is strictly prohibited during the course and scope of School Board business and/or while on or using School Board property.

 

More specifically prohibited substances include:

 

Illegal Drugs such as, but not limited to, cannabinoids (marijuana, pot, dope, hashish), cocaine (coke, rock, crack, or base), LSD (acid), PCP (angel dust),  (ecstasy), opiates (heroin, smack black stuff, black tar, opium, morphine), and any other illegal or unlawfully obtained drug.

 

Designer and Synthetic Drugs such as, but not limited to, ice, ice cube, crank, china white, synthetic heroine, MDA, Adam, Eve, Love Drug, and any other drugs that are made by altering the molecular structure of both legal and illegal drugs to create a drug not expressly banned by Federal law.

 

Unauthorized or Prohibited Drugs such as, but not limited to, nonprescription stimulants, amphetamines, tranquilizers, barbiturates, or any other tablets, capsules, powders, liquids or inhalants containing substances which are regulated by state or federal law or which are intended to mimic such controlled substances. The term unauthorized includes prescription drugs not legally obtained or not being used for prescribed purposes.  The term unauthorized also includes any abnormal or dangerous substance which may affect or alter a person's perception, performance, reflexes, reaction time, motor skills, mood, or judgment while working.

 

Prescription and Over the Counter Medications including legally obtained controlled substances.  A use of a prescribed controlled substance or use of a prescribed controlled substance not prescribed for the employee or employment applicant shall be prohibited.  All employees and others covered by this policy may maintain prescription drugs and over the counter medications on School Board premises provided:

 

  1. The prescription drugs are prescribed by an authorized medical practitioner for use by the person in possession within the past twelve (12) months and the medication is in its original container.  If the medical practitioner is authorizing use of the prescription for a period longer than twelve (12) months, then a letter from the practitioner is to be placed on file with the School Board Substance Abuse Program Coordinator.
     

  2. Prescriptions are to be consumed only in the manner prescribed by the prescribing practitioner.  The employee must not allow any other person to consume the prescribed drug.­
     

  3. Over-the-counter medications should be kept in their original container.
     

  4. Any employee who has been informed that medication could cause adverse side effects while working or where medication indicates such warning must inform his/her supervisor prior to using such substances on the job.  The School Board at all times reserves the right to have a licensed physician determine if use of a prescription drug or medication impairs the employee or in any way makes it unsafe for him/her to perform the duties of his/her job.  n the event of such a finding, the School Board may, with permission, check with the employee's physician to see if alternative medications are available which would not affect the employee's ability to work safely.  The employee may use sick days in the event this situation originates.

 

Drug Related Paraphernalia is any unauthorized material, equipment, or item used or designed for use in the ingesting, injecting, inhaling, manufacturing, testing, storing, or packaging of a prohibited substance.

 

ENFORCEMENT

 

In order to accomplish the objectives of this policy, the School Board reserves the right, at all times and in any work area, when circumstances warrant or reasonable cause exists, to conduct unannounced reasonable searches and inspections of School Board facilities. These searches shall be conducted by authorized supervisors or search personnel, including drug detection dogs.  The areas open to search include but are not limited to lockers, briefcases, desks, boxes, bags, lunch boxes, tool chests, vehicles, and other employee's personal effects.

 

The School Board also reserves the right, in certain circumstances, to require applicable employees or School Board representatives to submit to medical or physical examinations or tests.  These procedures may be required at any time as condition of employment or continued employment.  The procedures used may include, but are not limited to, urine drug tests, blood alcohol tests, breathalyzer tests, or other medical examinations to determine the use of any substance prohibited by this policy or to determine satisfactory fitness for duty.  The tests may be announced or unannounced and may be utilized under the following circumstances:

 

Pre-employment testing shall be required of any qualified applicant or candidate as a condition of consideration of employment.  Testing may also be required prior to being approved to work at certain facilities, work areas, or as required by law or contract.

 

Any post-accident occurrence on the job which requires the evaluation of a physician, or following a serious accident or near miss incident in which safety precautions were violated, or School Board property was damaged, and it is suspected drug or alcohol use may have been the proximate cause of the accident, may require drug testing of the involved individuals.  Drug testing shall be performed in accordance with pertinent regulations.

 

Reasonable suspicion testing shall be conducted when a supervisor has observed signs of possible intoxication or signs of using or being under the influence of prohibited substances or drugs or employee's physical condition or behavior leads the supervisor to have concern for the employee's safety or the safety and well-being of other employees or the public.  All supervisory personnel shall take part in a School Board sponsored training program to assist them in identifying and addressing illegal drug or alcohol use by employees or others while working.  All drivers shall undergo a substance abuse and policy education program.

 

Random testing shall be used for applicable employees to detect and to prevent substance abuse.  This type of testing is particularly warranted for employees directly involved with public safety or in security sensitive positions.  All employees who drive vehicles owned or contracted by the School Board, whether part-time or full-time, are eligible to be tested.

 

Post-counseling, post-rehabilitation or return to work medical examinations may include drug tests if the employee is returning to work after a long illness, disabling injury, or after completion of a drug and alcohol treatment program.

 

Government required testing may be utilized by the School Board where mandated by the Department of Transportation, Federal Highway Administration, or other agencies.  The regulations apply to all drivers or commercial vehicles involved in interstate commerce.

 

Additional testing and changes in these testing guidelines may be required because of obligations to meet changes in federal and state drug laws or to meet contractual agreements.

 

Collecting and testing procedures shall conform to all applicable state and federal guidelines and those as prescribed by the Department of Transportation. All searches, inspections, collections, and maintenance of test records shall be performed with due regard to the individual's privacy.  The results of any tests shall be considered confidential, and the information shall only be shared with those having a direct need to know and as may be required to support civil or criminal investigations.

 

Public Law 102-143 Title V, Omnibus Transportation Employees Testing Act requires that the School Board comply with certain guidelines in order to limit substance abuse in the workplace.  The Law requires the School Board to provide training and continuing education on drug abuse related issues. The School Board shall also provide its employees with a list of resources where the employee may go for drug abuse counseling and rehabilitation.  The Law also requires that the employee notify his/her employer of any conviction for drug related offenses within five (5) days of such conviction.

 

GOALS OF TESTING

 

The goals of all sample collection testing for illegal drugs are adopted to ensure the following:

 

  1. The collection of samples to be performed under reasonable sanitary conditions.
     

  2. Samples shall be collected and tested with due regard to the privacy of the individual being tested and in a manner reasonable calculated to prevent substitutions or interference with the collection or testing of reliable samples.
     

  3. Sample collection shall be documented, and the documentation procedures shall include: (a) labeling of samples so as to reasonably preclude the probability of erroneous identification of test results; (b) an opportunity for an employee to provide notification of any information which is relevant to the test, including identification of currently or recently used prescription and non-prescription drugs or other relevant medical information; and (c) chain of custody initiated.
     

  4. Collection, storage and transportation to the place of testing to be performed so as reasonably to preclude the probability of the sample contamination or other alteration; and
     

  5. Sample testing shall conform to scientifically accepted analytical methods and procedures.  Testing shall include verification and confirmation of any type of positive results by Gas Chromatography/Mass Spectrometry assay, or other reliable analytical method, before the results of any test may be used as a basis for any disciplinary consequences.

 

LIMITATION OF LIABILITY

 

In accordance with La. Rev. Stat. Ann. §§23:1081(11) and 23:1601(10)(f), an employee of the Caldwell Parish School Board has no cause of action for defamation of character, libel, slander, or damage to reputation against the Caldwell Parish School Board for drug or alcohol testing in accordance with its drug-free workplace program unless:

 

  1. Results of that test are disclosed to any person other than the employer and authorized employee or agent of the employer, the tested employee or the tested prospective employee, or appropriate government agency or court;
     

  2. The information disclosed was based on false results; and
     

  3. All elements of an action for defamation of character, libel, slander, or damage to reputation as established by statute or jurisprudence are satisfied.

 

DEFINITIONS

 

­Drug-Free Workplace Program Administrator (administrator) means the individual responsible for implementing and operating the drug-testing procedures in accordance with the provisions enumerated herein and in implementing and operating the Employee Assistance Program within the Caldwell Parish School Board.  The designated Program Administrator for the Caldwell Parish School Board shall be the Director of Transportation. The administrator shall serve as a principal contact with the laboratory and for collection activities and assuring the effective operation of the testing portion program.  In carrying out his or her responsibilities, the administrator, among other duties:

 

  1. Arranges for all testing authorized under the drug testing program;
     

  2. Ensures that all employees subject to random testing receive proper notice prior to implementation of the program, and that such employees return a signed acknowledgment of receipt form;
     

  3. Documents, through written inspection reports, all results of laboratory inspections conducted;
     

  4. Coordinates with and reports to the Superintendent or School Board on activities and findings that may affect the reliability or accuracy of laboratory results; and
     

  5. Publicizes and disseminates drug program educational materials, and oversees training and education sessions regarding drug use and rehabilitation.

 

Medical Review Officer (MRO) means the individual responsible for receiving laboratory results generated from the Caldwell Parish School Board Drug-Free Workplace Program who is a licensed physician with knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluate all positive test results together with an individual's medical history and any other relevant biomedical information.

 

Illegal Drugs means a controlled substance included in Schedule I, or as defined in 21 USC 812 in the United States Code, the possession of which is unlawful under Chapter 13 of that Title.  The term illegal drugs does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.

 

Employee means anyone occupying a position within the school who must have a CDL to perform his/her duties.

 

Verified Positive Test Result means a test result that was positive from an initial FDA-approved immunoassay test, confirmed by a Gas Chromatography/Mass Spectrometry assay, (or other confirmatory tests approved by the Department of Health and Human Services), and reviewed by the Medical Review Officer in accordance with the provisions of the Drug-Testing Program.

 

NOTICE OF DRUG TESTING

 

A general notice from the Caldwell Parish Schools Drug-Free Workplace Program Administrator announcing the testing program shall be provided to employees that are subject to the Drug-Testing Program.

 

Each employee shall be asked to acknowledge in writing upon receipt of the general notice, that he/she has received and read the notice which states that the employee shall be subject to random testing, and that the refusal to submit to testing shall result in initiation of disciplinary action, up to and including dismissal.  If the employee refuses to sign the acknowledgment, the employee's actions shall be noted on the acknowledgment form. This acknowledgment, which is advisory only, shall be collected by the Drug-Free Workplace Program Administrator.  An employee's failure to sign the notice shall not preclude testing of that employee or otherwise affect the implementation of this plan.

 

FINDING OF DRUG USE AND DISCIPLINARY CONSEQUENCES

 

  1. Determination

    An employee may be found to use illegal drugs on the basis of any appropriate evidence including, but not limited to:

 

    1. Direct observation;
       

    2. Evidence obtained from an arrest or criminal conviction;
       

    3. A verified positive test result; or
       

    4. An employee's voluntary admission.

 

  1. Mandatory Administrative Actions

    The Medical Review Officer shall refer an applicable employee found to use illegal drugs or have a sufficient alcohol blood level at work to the Administrator of the Drug Testing Program of the Caldwell Parish School Board, and if the employee occupies a sensitive position, he or she shall be immediately removed from that position.  At the discretion of the Superintendent, however, an employee may return to duty if the employee's return would not endanger public health or safety.

 

  1. Range of Consequences

    Disciplinary action taken against any applicable employee found to use illegal drugs or have a sufficient alcohol blood level may include the full range of disciplinary actions including removal.  The severity of the action chosen will depend on the circumstances of each case.  The Superintendent of Caldwell Parish Schools shall initiate disciplinary action against any employee found to use illegal drugs or alcohol.


    Such disciplinary action may include any of the following non-exclusive measures, but some disciplinary action must be initiated:

 

    1. Reprimanding the employee in writing;
       

    2. Placing the employee in an enforced leave and/or suspension status with or without pay for a period of time to be determined by the administrator;
       

    3. Suspending the employee until the employee successfully completes a rehabilitation program or until the School Board determines that action other than suspension is more appropriate;
       

    4. Termination of employee.

 

Preliminary investigation of a policy violation may require that the employee be placed on suspension pending review of the surrounding circumstances and facts concerning the policy violations.

 

A school bus operator that tests positive for the presence of alcohol of .08 percent or higher or certain drugs on tests administered in the scope of the operator's employment as a school bus operator shall be prohibited from driving a bus or transporting students in any manner until the Board determines the operator may return to driving.

 

  1. Refusal To Take Drug Test When Required

    An employee who refuses to be tested when so required shall be subject to the full range of disciplinary action, including dismissal.  NO applicant who refuses to be tested shall be extended an offer of employment.  Attempts to alter or substitute the specimen provided shall be deemed a refusal to take the drug test when required.  An employee shall also be subject to discharge for:

 

    1. substituting or tampering with a urine or blood sample;
       

    2. leaving a treatment program prior to completion; and
       

    3. not being properly released to work.

 

  1. Voluntary Referral

    The written results of a positive test by the MRO shall be required to initiate action to discipline any employee found to use illegal drugs in every circumstance, except that such discipline may not be required for an employee who:
     

    1. Voluntarily admits his or her drug use prior to being identified through other means; and
       

    2. Completes rehabilitation and thereafter refrains from drug use before being called in or tested in the random selection.

 

The decision to discipline a voluntary referral shall be made by the School Board on a case-by-case basis depending upon the facts and circumstances.  Although an absolute bar to discipline cannot be provided for certain positions because of their extreme sensitivity and direct contact with the students of the Caldwell Parish School System, the Superintendent, in determining whether to discipline, shall consider that the employee has come forward voluntarily.  However, a request for assistance shall not excuse an employee from a policy violation immediately prior to or while an actual drug screen blood sampling, search or inspection is being made in the work area or after the urine drug screen or sampling has been completed.

 

  1. Hearing and Due Process

    Upon a finding of illegal drug usage, the employee shall be entitled to a hearing before the School Board to appeal the findings.

 

RANDOM TESTING

 

  1. Definition

    Random testing
    means a system of drug testing imposed without individualized suspicion that a particular individual is using illegal drugs, and may either be:

 

    1. Uniform, unannounced testing of certain employees occupying a specified area, element, or position; or
       

    2. A statistically random sampling of such employees based on a neutral criterion, such as social security numbers.

 

  1. Notification of Selection

    An individual selected for random testing and the individual's supervisor shall be notified the same day the test is scheduled, preferably within one hour of the scheduled testing.  The administrator shall explain to the employee that the employee is under no suspicion of taking drugs and that the employee's name was selected randomly.  However, failure for the administrator to so advise shall not constitute a bar to testing under the drug testing program since the general notice to all employees under the Notification of Drug Testing section has been given.

 

  1. Deferral Of Testing

    An employee selected for random drug testing may obtain a deferral of testing if the administrator concurs that a compelling need necessitates a deferral on the grounds that the employee is:

 

    1. In a leave status (sick, annual, weekly, administrative or leave without pay); or
       

    2. In an official travel status away from the test site or is about to embark on official travel scheduled prior to the testing notification; or
       

    3. Involved in an emergency medical situation requiring the need of his or her services.

 

An employee whose random drug test is deferred shall be subject to an unannounced test within the following thirty (30) days.

 

REASONABLE SUSPICION TESTING

 

  1. Grounds

    Reasonable suspicion testing may be based upon, among other things:

 

    1. Observable phenomena, such as direct observation of drug use or possession and/or the physical symptoms of being under the influence of a drug;
       

    2. A pattern of abnormal conduct or erratic behavior;
       

    3. Arrest or conviction for a drug-related offense, or the identification of any employee as the focus of a criminal investigation into illegal drug possession, use, or trafficking;
       

    4. Information provided either by reliable and credible sources or independently corroborated; or
       

    5. Newly discovered evidence that the employee has tampered with previous drug tests.

 

Although reasonable suspicion testing does not require certainty, mere "hunches" are not sufficient to meet this standard.

 

  1. Procedures

    If an employee is suspected of using illegal drugs or of abusing alcohol, the Drug-Free Workplace Program Administrator shall gather all information, facts, and circumstances leading to and supporting this suspicion.  When concurrence by the Administrator that a reasonable suspicion determination has been made, the Drug-Free Workplace Program Administrator shall promptly prepare a written report detailing the circumstances which formed the basis to warrant the testing. This report shall include the appropriate dates and times of reported drug related incidents, reliable/credible sources of information, rationale leading to the test, and the action taken.

 

  1. Obtaining the Sample

    The employee may be asked to provide the urine sample under observation.  If alcohol abuse is suspected, the employee must submit to a blood or breath test, which conducted in compliance, as near as possible, with the specimen collection procedures in regards to labeling, identification, and handling of samples.

 

APPLICANT TESTING

 

  1. Definition

    An applicant means any individual tentatively selected or being considered for selection or employment with the Caldwell Parish School Board as a driver of a commercial vehicle.

 

  1. Applicant Notice

    Each applicant will be notified that appointment to the position shall be contingent upon a negative drug test result and the applicant shall sign an acknowledgment form to this effect.  Failure of the Administrator to make such notice shall not preclude applicant testing since it is a requirement for obtaining employee status to submit to urinalysis testing.

 

  1. Procedures

    The Drug-Free Workplace Program Administrator shall direct applicants to an appropriate collection facility.  The drug test must be undertaken as soon after notification as possible and no later than 48 hours after notice to the applicant. The specimen collection shall be conducted in line with the procedures specified in Specimen Collection Procedures section herein.


    Applicants shall be advised of the opportunity to submit medial documentation that may support a legitimate use for a specific drug and that such information shall be reviewed only by the Medical Review Officer to determine whether the individual is legally using an otherwise illegal drug.

 

  1. Personnel Officials

    Upon notification that an individual has been tentatively selected for employment with the Caldwell Parish School Board, the Drug-Free Workplace Program Administrator shall assure, after consultation with the Medical Review Officer, that a drug test has been conducted on that individual and determine whether the test result is a verified positive result.

 

  1. Consequences

    The Caldwell Parish School Board shall decline to extend a final offer of employment to any applicant with a verified positive test result, and such applicant may not reapply to the Caldwell Parish School Board for a period six (6) months. Upon a verified positive test result, the Drug-Free Workplace Program Administrator shall be directed to object to the applicant on the basis of failure to pass the drug test.  The Administrator shall inform such applicant that a confirmed presence of an illegal drug in the applicant's urine precludes the School Board from hiring the applicant.

 

ACCIDENT OR UNSAFE PRACTICE TESTING

 

The Caldwell Parish School Board is committed to providing a safe and secure work environment.  Employees involved in on-the-job accidents or who engage in unsafe on-duty, job-related activities that pose a danger to others or the overall operation of the Caldwell Parish School Board vehicles may be subject to testing if it is suspected that alcohol or drug use may have been the approximate cause of the accident or activity.  In such circumstances the Administrator may initiate testing when the circumstances involve:   

 

  1. A death or personal injury requiring immediate hospitalization, or
     

  2. Damage to private property in excess of $500.00, or
     

  3. Personal injury requiring immediate medical treatment, or
     

  4. A potentially serious accident or "near miss"' situation in which careless acts were performed.

 

FOLLOW-UP TESTING

 

All employees who undergo a counseling or rehabilitation program for illegal drug use shall be subject to unannounced testing following completion of such a program for a period of one year.  Such employees shall be tested at the frequency of at least once a month.  If the employee is found to use illegal drugs after the counseling or rehabilitation program, that employee shall be subject to the full range of disciplinary action, including dismissal.

 

TEST PROCEDURES IN GENERAL

 

  1. Privacy Assured

    Any individual subject to drug or alcohol testing shall be permitted to provide urine specimens in private and in a rest-room stall or similar enclosure so that the employee is not observed while providing the sample.  Collection site personnel of the same gender as the individual tested, however, may observe the individual provide the urine sample when such personnel have reason to believe that the individual may alter or substitute the specimen to be provided when:

 

    1. The individual --

 

      1. is being tested pursuant to reasonable suspicion testing; or
         

      2. has previously been found by the Medical Review Officer to be an illegal drug user; or
         

      3. has previously tampered with a sample; or

 

    1. Facts and circumstances suggest that the individual -­-
       

      1. is an illegal drug user;
         

      2. is under the influence of drugs at the time of the test; or
         

      3. has equipment or implements capable of tampering with or altering urine samples; or

 

    1. The specimen -­-

 

      1. shows signs of contaminants or having been tampered with.

 

  1. Failure to Appear for Testing

    Failure to appear for testing without a deferral shall be considered refusal to participate in testing and shall subject an employee to the full range of disciplinary action, including dismissal, and an applicant to the cancellation of an offer of employment.  If an individual fails to appear at the collection site at the assigned time, the collector shall contact the Drug-Free Workplace Program Administrator to obtain guidance on action to be taken. Substituting or tampering with a urine sample or blood sample shall also subject an employee to the full range of disciplinary action, including dismissal.

 

  1. Opportunity to Justify a Positive Test Result

    When a confirmed positive result has been returned by the laboratory, the Medical Review Officer shall perform the following duties.

    For example, the Medical Review Officer may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors.  The Medical Review Officer must review all medical records made available by the tested employee when a confirmed positive test could have resulted from legally prescribed medication.  Evidence to justify a positive result may include, but is not limited to:

 

    1. a valid prescription; or
       

    2. a verification from the individual's physician verifying a valid prescription.

 

Individuals are not entitled however, to present evidence to the Medical Review Officer in a trial-type administrative proceeding, although the Medical Review Officer has the discretion to accept evidence in any manner the Medical Review Officer deems most efficient or necessary.  If the Medical Review Officer determines there is not justification for the positive result, such result shall then be considered a verified positive test result.  The Medical Review Officer shall immediately contact the Drug-Free Workplace Program Administrator upon obtaining a verified positive test result.  The positive result shall be sent to the Administrator within three (3) working days of verified test results.

 

  1. Savings Clause

    To the extent that any of the procedures specified in this section are inconsistent with any of those specified or required by Louisiana Law, such requirements shall supersede the procedures specified in this section, but only to the extent of the inconsistency.

 

CONFIDENTIALITY OF RECORDS AND REPORTS
 

  1. Confidentiality of Test Results

    The laboratory may disclose laboratory test results only to the Medical Review Officer or the staff of the Medical Review Officer.  Any positive result which the Medical Review Officer justifies by acceptable or appropriate medical or scientific documentation to account for the result as other than the intentional ingestion of an illegal drug shall be treated as a negative test result and may not be released for purposes of identifying illegal drug use.


    The Medical Review Officer may maintain only those records necessary for compliance with the alcohol and drug testing program.  Any records of the Medical Review Officer, including drug test results, may be released to any management official for purposes of auditing the activities of the Medical Review Officer, except that the disclosure of the results of any audit may not include personal identifying information on any employee.

    For purposes of this Section, management official includes any management, security, or personnel official whose duties necessitate review of the test results in order to process adverse personnel action against the employee.

    The verified positive test results or negative test results of the Caldwell Parish School Board may not be disclosed without the prior written consent of such employee, unless the disclosure would be­ --

 

    1. to the Medical Review Officer;
       

    2. to the Drug-Free Workplace Program Administrator; or his or her appointee;
       

    3. pursuant to the order of a court of competent jurisdiction or where required by Louisiana State Government to defend against any adverse personnel action;
       

    4. to any supervisor or management official in the Caldwell Parish School Board having authority to take adverse personnel action against such employee, such as the Superintendent and members of the School Board.

 

  1. Employee Access to Records

    Any employee who is the subject of a drug test shall, upon written request, have access to any records relating to­ --

 

    1. such employee's drug test; and
       

    2. the results of any relevant certification, review, or revocation-of-certification proceedings.

 

Except as authorized by law, an applicant who is the subject of a drug test, however, shall not be entitled to this information.

 

  1. Confidentiality of Records in General

    All drug testing information specifically relating to individuals shall be confidential and should be treated as such by anyone authorized to review or compile program records.  In order to efficiently implement this order and to make information readily retrievable, the Drug Program Administrator shall maintain all records relating to reasonable suspicion testing, suspicion of tampering with evidence, and any other authorized documentation necessary to implement this order.

 

  1. Maintenance of Records

    The Caldwell Parish School Board shall establish or amend a record-keeping system to maintain the records of the Caldwell Parish School Board Drug-­Free Workplace Program and alcohol and drug testing program.  The record-keeping system should capture sufficient documents to meet the operational and statistical needs of these programs and include:

 

    1. Notices of verified positive test results referred by the Medical Review Officer;
       

    2. Written materials justifying reasonable suspicion testing or evidence that an individual may have altered or tampered with a specimen; and
       

    3. Other documents the Drug-Free Workplace Program Administrator, Medical Review Officer, Superintendent of Caldwell Parish School Board, or Medical Counseling Officer deems necessary for efficient compliance with these programs.

 

SPECIMEN COLLECTION PROCEDURES

 

  1. Designation of Collection Site

    The drug testing program shall have one or more designated collection sites which have all necessary personnel, materials, equipment, facilities, and supervision to provide for the collection, security, temporary storage, and shipping or transportation of urine specimens to a certified drug testing laboratory.

 

  1. Security Procedures

    The drug testing program shall provide for the designated collection site to be secure.  If a collection site facility is dedicated solely to urine collection, it shall be secure at all times.  If a facility cannot be dedicated solely to drug testing, the portion of the facility used for testing shall be secured during drug testing.

 

  1. Chain of Custody

    Chain of custody standardized forms shall be properly executed by authorized collection site personnel upon receipt of specimens.  Handling and transportation of urine specimens from one authorized individual or place to another shall always be accomplished through chain of custody procedures.  Every effort shall be made to minimize the number of persons handling specimens.

 

  1. Access to Authorized Personnel Only

    No unauthorized personnel shall be permitted in any part of the designated collection site when urine specimens are collected or stored.

 

  1. Integrity and Identity of Specimens

    Agencies shall take precautions to ensure that a urine specimen shall not be adulterated or diluted during the collection procedure and that information on the urine bottle and in the record book can correctly identify the individual from whom the specimen was obtained.

 

  1. Collection Control

    To the maximum extent possible, collection site personnel shall keep the individual's specimen bottle within sight both before and after the individual has urinated.  After the specimen is collected, it shall be properly sealed and labeled. An approved chain of custody form shall be used for maintaining control and accountability of each specimen from the point of collection to final disposition of the specimen.  The date and purpose shall be documented on an approved chain of custody form each time a specimen is handled or transferred, and every individual in the chain shall be identified.  Every effort shall be made to minimize the number of persons handling specimens.

 

  1. Transportation to Laboratory

    Collection site personnel shall arrange to ship the collected specimens to the drug testing laboratory.

 

 

Ref:    49 USC 5331 (The Omnibus Transportation Employee Testing Act of 1991) (PL 102 -143)   

49 CFR 10 (Maintenance of and Access to Records Pertaining to Individuals)

49 CFR 40.1 (Procedures For Transportation Workplace Drug and Alcohol Testing Programs)

49 CFR 382 (Controlled Substances and Alcohol Use and Testing)

49 CFR 391 (Qualifications of Drivers and LCV Driver Instructors)          

La. Rev. Stat. Ann. §§17:81, 23:1601

Board minutes, 8-4-98

 

Caldwell Parish School Board