Current through Register Vol. 28, No. 3, September 1, 2024
25.1 Content:
25.1.1 Pursuant to 14 Del.C. §
2910, this regulation shall apply to the contracting for a program of drug and alcohol testing services necessary to enable Districts and any person or entity that contracts with a District to provide transportation for state public school Pupils, to comply with such drug and alcohol testing requirements applicable to Delaware public School Bus Drivers as are now, or may hereafter be, imposed by federal law.
25.1.2 School Bus Aides shall be subject to the same federal and state drug and alcohol testing requirements as School Bus Drivers. They shall use non-DOT forms, and the employer shall follow the same procedures set forth herein.
25.2 The following definitions are pertinent to Drug and Alcohol Testing, and when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
"Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols, including methyl or isopropyl alcohol.
"DDOE" means the Delaware Department of Education.
"DOT" means the United States Department of Transportation.
"Drug" means the controlled substances for which tests are required under the provisions of 49 U.S.C. §
31306, 49 CFR Part 382 and 49 CFR Part 40, and include marijuana, cocaine, amphetamines, phencyclidine (PCP), and opiates.
"Employer" means school bus Contractors or Districts when they directly employ School Bus Drivers.
"Negative Result" means a verified negative drug test result or an alcohol test result lower than the Federal standard as defined by the provisions of 49 U.S.C. §
31306, 49 CFR Part 382 and 49 CFR Part 40.
"Positive Result" means a verified positive, adulterated, or substituted drug test result, an alcohol test result equal to or greater than the Federal standard or a refusal to take a drug or alcohol test as defined by the provisions of 49 U.S.C. §
31306, 49 CFR Part 382 and 49 CFR Part 40.
25.3 Federal Regulations
Employers shall comply with the drug and alcohol testing regulations issued by the Secretary of Transportation of the United States pursuant to 49 U.S.C. §
31306 and located at 49 CFR Part 382 and 49 CFR Part 40.
25.4 Drug and Alcohol testing program requirements:
25.4.1 The employer shall:
25.4.1.1 Be responsible for compliance with all federal and state regulations; and
25.4.1.2 Maintain drug and alcohol testing records for their School Bus Drivers and Aides.
25.4.1.2.1 Documentation of drug and alcohol testing results shall flow directly from the Consortium or Third Party Administrator Medical Review Officer (C/ TPA/MRO), as defined by the provisions of 49 CFR Part 382 and 49 CFR Part 40, to the employer. Copies of positive results shall be sent to the Transportation Supervisor and the DDOE for accounting and audit purposes.
25.4.1.2.2 Documentation of results shall be addressed to the individual, or employer, and the Transportation Supervisors or DDOE so as to ensure confidentiality.
25.4.2 DDOE shall:
25.4.2.1 Bid the contract for the drug and alcohol testing program;
25.4.2.2 Monitor the drug and alcohol testing program.
25.4.3 Any School Bus Driver or Aide who is not in compliance with federal and state drug and alcohol testing requirements shall not perform driver or aide duties until they have satisfied the federal and state requirements.
25.4.3.1 Any School Bus Driver or Aide who has a positive drug or alcohol test result shall comply with DOT regulations regarding a Substance Abuse Professional (SAP) evaluation, treatment and return to duty testing before another preemployment test is allowed.
25.4.3.2 An employer who hires a School Bus Driver or Aide who has previously failed a drug or alcohol test shall ensure that all follow up drug and alcohol testing recommended by the SAP evaluation is implemented.
25.5 Preemployment Testing
25.5.1 School Bus Drivers with no CDL and Aides with no prior experience shall have a negative preemployment drug test, and the employer shall receive a negative result before the prospective employee can operate a school bus or serve as an Aide.
25.5.2 Bus Drivers with a CDL and School Bus Aides with past experience shall follow DOT rules and regulations to determine the necessity for preemployment drug testing.
25.5.3 Employers shall provide Federal Drug Testing Custody and Control (CCF) forms to new School Bus Drivers and non-DOT forms to School Bus Aides who shall take the forms to the appropriate collection facility where the driver or Aide shall be administered a drug test. Forms shall note the employer and District.
25.5.4 Negative results shall be forwarded from the C/TPA/MRO to the employer.
25.5.5 Positive results shall be forwarded from the C/TPA/MRO to the employer. Copies of positive results shall be sent to the Transportation Supervisor and the DDOE for accounting and audit purposes.
25.5.6 Employers shall notify prospective School Bus Drivers and Aides in writing of a positive result. Copies of this letter shall be sent to the Transportation Supervisor and the DDOE.
25.6 Random Testing
25.6.1 Employers shall provide the C/TPA/MRO a quarterly list of eligible drivers and Aides to be drug and alcohol tested no later than one (1) week before the testing quarter. The list shall note the primary District of the drivers and Aides. Copies of the lists shall be provided to the Transportation Supervisor.
25.6.2 The C/TPA/MRO shall send the employer lists of drivers and Aides to be tested by the end of the first week of the quarter.
25.6.3 Employers shall provide CCF and alcohol testing forms to the drivers and Aides who shall take the forms and go immediately to the appropriate collection facility where the driver or Aide shall be administered a drug test or a drug and alcohol test. Forms shall note the employer and the District.
25.6.4 Employers shall complete the required random tests before the end of the calendar quarter.
25.6.5 Negative results shall be forwarded from the C/TPA/MRO to the employer.
25.6.6 Positive results shall be forwarded from the C/TPA/MRO to the employer. Copies of the positive results forms shall be sent to the Transportation Supervisor and the DDOE for accounting and audit purposes.
25.6.7 Employers shall notify School Bus Drivers and Aides in writing of a positive result. Copies of this letter shall be sent to the Transportation Supervisor and DDOE.
25.7 Post Accident and Reasonable Suspicion Testing
25.7.1 Employers shall provide CCF and alcohol testing forms to the School Bus Drivers and Aides who shall take the forms and go immediately to the appropriate collection facility where the driver or Aide shall be administered a drug and alcohol test. Forms shall note the employer and District.
25.7.2 Negative results shall be forwarded from the C/TPA/MRO to the employer.
25.7.3 Positive results shall be forwarded from the C/TPA/MRO to the employer. Copies of the positive result form shall be sent to the Transportation Supervisor and the DDOE for accounting and audit purposes.
25.7.4 Employers shall notify School Bus Drivers and Aides in writing of a positive result. Copies of this letter shall be sent to the Transportation Supervisor and the DDOE.
