EEAEAA - R - DRUG AND ALCOHOL TESTING OF SCHOOL BUS DRIVERS AND DRIVERS OF STUDENT TRANSPORTATION VEHICLES PROCEDURE

EEAEAA - R - Drug and Alcohol Testing of School Bus Drivers and Drivers of Student Transportation Vehicles Procedure

1. Purpose
   All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with these regulations. All CDL drivers follow current DOT(FMCSA) drug testing protocols. Non-CDL drivers will submit to company pool testing requirements. All covered employees will receive a pre-employment and randomized testing during the course of employment.
    
2. Covered Employees
   This policy applies to every employee operating an RSU 21 school bus. It also applies to any RSU 21 employee who transports students. 
    
3. Prohibited Behavior
   Use of illegal drugs is prohibited at all times. RSU 21 uses the current DOT(FMCSA) 5-panel testing to determine the presence of prohibited drugs. This includes (subject to change based on DOT/FMCSA regulation updates):
    
   1. marijuana
   2. cocaine
   3. phencyclidine (PCP)
   4. opioids
   5. amphetamines

All covered employees are prohibited from consuming alcohol while on duty, during an active/scheduled shift, driving, performing safety-sensitive job functions or while on-call to perform safety-sensitive job functions.

All covered employees are prohibited from consuming alcohol within four (4) hours prior to the performance of safety-sensitive job functions.

RSU 21 has a zero tolerance policy for any employee arriving to work under the influence of drugs or alcohol.  Having an alcohol concentration of anything above 0.0 is prohibited at all times while on duty.

All covered employees will follow DOT testing requirements in the event of an accident. Those required to take a post-accident test are prohibited from consuming alcohol for eight (8) hours following involvement in an accident or until they submit to the post-accident drug and alcohol test, whichever occurs first.

If an alcohol test is required and not administered within two (2) hours following the accident, RSU 21 shall prepare and maintain on file a record stating the reasons the test was not promptly administered.  If a test is not administered within eight (8) hours following the accident, RSU 21 shall cease attempts to administer the test and shall prepare and maintain the same record.

If a drug test is required and not administered within thirty-two (32) hours following the accident, RSU 21 shall cease attempts to administer the test and shall prepare and maintain on file a recording stating the reasons the test was not promptly administered.

Employees may be sent for Drug and/or Alcohol testing based on the DOT reasonable suspicion standard. Employees that are either suspected or confirmed of being under the influence of prohibited substances, will be provided a ride to the testing facility by RSU 21. This ride must include at least one RSU 21 supervisor (from any department) and another RSU 21 employee as a witness to preserve the chain of custody and prevent any samples from being adulterated. The supervisor and witness must remain with the employee until testing staff take custody of the employee. Refusal to ride with other RSU 21 employees will be considered a failure of the test due.

4. Consequences for Violations
   While on duty, any detectable alcohol concentration (greater than 0.0) is considered a violation of the zero tolerance policy. Employees will be removed from any safety sensitive functions and recommended for immediate termination.
   
   Other times, following a positive drug or alcohol (BAC at or above 0.04) test result or test refusal, the employee will be immediately removed from safety-sensitive duty. If the employee is retained (not terminated), the employee will be provided with contact information for Substance Abuse Professionals (SAPs). This will initiate the most current DOT return to duty process.
   
   Covered employees shall be free of any residual effects of any alcohol when reporting for duty.
   
   All SAP and/or return to duty costs are solely the responsibility of the employee, not RSU 21.
   
   DOT Drug and Alcohol Testing, does not authorize the use of Schedule drugs, including marijuana, for any reason. CBD use is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result.
   
   All required reports to the FMCSA Drug/Alcohol Clearinghouse will be made for all covered CDL drivers.
   
   Refusal to take a required drug or alcohol test is considered a test failure.
    
5. Prescription Drug Use
   The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to the Transportation Manager. Medical advice should be sought, as appropriate, while taking such medication and before performing safety-sensitive duties.
   
   Covered employees shall have documentation, from their medical provider, that the prescription is compatible with pupil transportation duties.
   
   RSU 21 may require a fitness for duty examination before allowing a covered employee to drive or perform safety sensitive duties. Violations of this prescription medication procedure may result in a violation of the zero tolerance policy. 
    
6. Contact Person
   
   For questions about RSU 21’s DOT related anti-drug and alcohol misuse program, contact RSU 21 Transportation Manager, 207-985-2622, ext 5. 

Legal References:

49 CFR Part 382

26 MRSA §§ 681(8)(B); 685(2); 689

Cross Reference

EEAEAA - Drug and Alcohol Testing of School Bus Drivers and Drivers of Student Transportation Vehicles

Updated: 4/11/25