Columbus ISD
045902

EMPLOYEE STANDARDS OF CONDUCT:
SEARCHES AND ALCOHOL/DRUG TESTING


DHE
(LEGAL)


SEARCHES- GENERAL RULE Citizens, including District employees, have a right to be free from unreasonable searches and seizures. U.S. Const. Fourth Amendment; Tex. Const. Art. I, Sec. 9
The District may search an employee or an employee's property if:
  1. There are reasonable grounds to believe that the search will turn up evidence that the employee is guilty of work-related misconduct; and
  2. The search is reasonably related in scope to the circumstances that justified the interference in the first place.

O'Connor v. Ortega, 480 U.S. 709, 107 S.Ct. 1492 (1987); New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733 (1985)

In addition, the District may search an employee's workplace for noninvestigatory, work-related purposes, or if there are reasonable grounds to believe that the search will turn up evidence that the employee is guilty of work-related misconduct. O'Connor v. Ortega, 480 U.S. 709, 107 S.Ct. 1492 (1987)

DRUG / ALCOHOL TESTING
Blood, urine, and breath tests of public employees to determine drug use are searches under the Fourth Amendment of the U.S. Constitution. Skinner v. Railway Labor Executives Ass'n, 489 U.S. 602, 109 S.Ct. 1402 (1989)
RANDOM DRUG TESTING
The District may conduct drug tests, without a warrant and without individualized suspicion, when the test serves special governmental needs that outweigh the individual's privacy expectation. Skinner v. Railway Labor Executives Ass'n, 489 U.S. 602, 109 S.Ct. 1402 (1989); National Treasury Employees Union v. Von Raab, 489 U.S. 656, 109 S.Ct. 1384 (1989)
SAFETY- SENSITIVE POSITIONS
Random alcohol and drug testing of employees in "safety-sensitive" positions may be permissible when the intrusiveness of the search is minimal and the Board is able to demonstrate that the drug-testing program furthers its interest in ensuring the physical safety of students. "Safety-sensitive" positions include those that involve the handling of potentially dangerous equipment or hazardous substances in an environment including a large number of children. Aubrey v. School Board of LaFayette Parish, 148 F.3d 559 (5th Cir. 1998)

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Note: The following testing requirements apply to every employee of the District who operates a commercial motor vehicle and is subject to commercial driver's license requirements in accordance with federal regulations.

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COMMERCIAL MOTOR VEHICLE DEFINED A commercial motor vehicle is defined as a motor vehicle used to transport passengers or property that:
  1. Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
  2. Has a gross vehicle weight rating of 26,001 or more pounds; or
  3. Is designed to transport 16 or more passengers, including the driver.

49 CFR 382.107

REQUIRED TESTING The District shall conduct testing, in accordance with federal regulations, of commercial motor vehicle operators for use of alcohol or a controlled substance that violates law or federal regulation. 49 U.S.C. 2717; 49 CFR Part 382
TESTING PROCEDURES The District shall ensure that all alcohol or controlled substances testing conducted under 49 CFR Part 382 complies with the procedures set forth in 49 CFR Part 40. 49 CFR 382.105
TESTS REQUIRED Required testing includes pre-employment, postaccident, random, reasonable suspicion, return-to-duty, and follow-up testing. No driver shall refuse to submit to a postaccident alcohol or controlled substances test, a random alcohol or controlled substances test, a reasonable suspicion alcohol or controlled substances test, or a return-to duty or follow-up alcohol or controlled substances test. The District shall not permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions. 49 CFR 382.211, 382.309
POLICY REQUIREMENTS The District shall provide educational materials that explain the federal requirements and the District's policies and procedures with respect to meeting these requirements and shall ensure that a copy of these materials is distributed to each driver prior to the start of alcohol and controlled substances testing under this policy and to each driver subsequently hired or transferred into a position that requires driving a commercial motor vehicle. Written notice to representatives of employee organizations of the availability of this information shall also be provided.
The materials to be made available to drivers shall include detailed discussion of at least the following:
  1. The identity of the person designated by the District to answer driver questions about the materials.
  2. The categories of drivers who are subject to the provisions of 49 CFR Part 382.
  3. Sufficient information about the safety-sensitive functions performed by those drivers to make clear what period of the workday the driver is required to be in compliance with 49 CFR Part 382.
  4. Specific information concerning driver conduct that is prohibited by 49 CFR Part 382.
  5. The circumstances under which a driver will be tested for alcohol and/or controlled substances under 49 CFR Part 382.
  6. The procedures that will be used to test for the presence of alcohol and controlled substances, protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver.
  7. The requirement that a driver submit to alcohol and controlled substances tests administered in accordance with 49 CFR Part 382.
  8. An explanation of what constitutes a refusal to submit to an alcohol or controlled substances test and the attendant consequences.
  9. The consequences for drivers found to have violated 49 CFR Part 382 including the requirement that the driver be removed immediately from safety-sensitive functions, and the procedures under 49 CFR Part 40, Subpart O.
  10. The consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04.
  11. Information concerning the effects of alcohol and controlled substances use on an individual's health, work, and personal life; signs and symptoms of an alcohol or a controlled substances problem (the driver's or a coworker's); and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to any employee assistance program, and/or referral to management.

49 CFR 382.601



DATE ISSUED: 05/15/2003
UPDATE 70
DHE(LEGAL)-P

This online presentation of your district's policy is an electronic representation of TASB's record of the district's currently adopted policy manual. It does not reflect updating activities in progress. The official, authoritative manual is available for inspection in the office of the Superintendent. [See BF (LOCAL) for further information.]