Policies and Procedures Handbook


Last Updated: 5/31/2005
Garrett County Public Schools
40 South Second Street
Oakland, MD 21550
(301)334-8900

PROCEDURE FOR BUS DRIVER ALCOHOL TESTING

Administrative Procedure

Bus drivers will be subject to alcohol testing in three (3) circumstances: Random, post accident, and reasonable cause.

Random Testing: All bus drivers in the Garrett County Public School System will be subject to alcohol testing through random selection. Each bus driver who is selected will be required to submit to a breathalyzer test for the presence of alcohol. Random tests will occur at five (5) designated times during the year. At each designated time five percent (5%) of the total number of drivers will be tested. This will result in twenty-five percent (25%) of the total number of drivers being tested per year. All drivers will be included in the selection pool at each of the five (5) random designated times. The five designated times are: July-October; November-December; January-February; March-April; May-June.

Post-Accident Testing: Following an accident in which the driver is cited, or a passenger is injured, the Garrett County Public School System will require the bus driver to submit to a alcohol test. In addition, the Garrett County Public School System may require or rely on any test which the police or any other investigative authority shall perform such as a blood test or a breathalyzer test for the presence of alcohol.

Post-accident testing must be completed as soon as possible after the accident, but in no case later than two (2) hours after the accident. The bus driver is prohibited from consuming alcohol for eight (8) hours after the accident or until a breathalyzer test has been administered, whichever is sooner.

Following an accident, the driver will go to the approved certified lab collection center to be tested for drugs (Garrett County Memorial Hospital; Family Medical Center in Grantsville) and alcohol (Garrett County Public Schools). If the employee requires hospital care, the Garrett County Public School System will make arrangements to assure that the appropriate tests are performed at the hospital.

Reasonable-Cause Testing: All bus drivers in the Garrett County Public School System will be required to submit to a breathalyzer test whenever there is "reasonable cause" to suspect that the driver may have used alcohol. "Reasonable cause" includes any fact, physical sign, symptom or pattern of performance or behavior which leads the observer to reasonably suspect that the driver may have used alcohol. "Reasonable cause" may be based upon such physical signs as: slurred speech, dilated pupils, inability to walk, lack of coordination, incoherence, tremors, convulsions, or paranoia.

The purpose of the alcohol testing program is to identify the use of alcohol which affects a driver's ability to function on the job. Any bus driver who refuses an alcohol test as specified in this program will be presumed to have used alcohol in violation of this regulation and will be subject to discharge. The Garrett County Public School System retains the right to test for alcohol which impairs one's ability to function on the job.

Random Testing/Post Accident/ and Reasonable Cause: If the test is positive, the laboratory will perform a second test. If the confirmation test is negative, no action will be taken against the driver. Should the confirmation test prove positive, the result will be reported to the Director of Pupil Transportation and the driver shall be subject to disciplinary action up to and including termination. Each school bus operator who is tested positive will be notified of the test result by the Director of Pupil Transportation. In addition, the driver will receive a copy of the lab test result; a copy of the Garrett County Public School System drug and alcohol testing policy and procedures; and a written notice of any disciplinary action.

Refusal to Test: Refusal to submit to alcohol testing at any stage of testing will result in termination.

Disclosure: Positive test results will be reported to the Maryland State Department of Education clearinghouse. The driver's name, social security number, driver license number and positive test results will be reported to the Maryland State Department of Education. The clearinghouse will confirm the positive test result to any Maryland public school pupil transportation supervisor who requests the information.

This administrative procedure statement is not intended to and shall not constitute a waiver of any rights possessed by the Garrett County Public School System derived from any source whatsoever. Nothing in this administrative procedure statement shall be construed as limiting the Garrett County Public School system's right to take administrative or disciplinary action up to and including discharge for involvement with drugs or alcohol not specifically addressed in this statement.

Nothing in this administrative procedure statement shall limit the rights of the Garrett County Public School System as derived from existing law; rules and regulations; manuals, handbooks, and statements of policy; bulletins, memoranda, and directives; local customs and practices; labor contract provisions; and customs or practices under past or present labor contracts. The Garrett County Public School System expressly reserves all such rights and any other rights derived from any other source whatsoever. The Garrett County Public School system may modify this statement from time to time, including when there are changes in applicable federal or State laws.

All Garrett County School bus drivers and prospective bus drivers will be required to sign a release form associated with this procedure as a condition of their employment or continued employment. (Administrative Procedure 853.326)

Alcohol Test Consent And Release Random/Post-Accident/Reasonable Cause

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Other Non-Instructional Operations 853.325 CAS
Adopted 12/12/95