6. If the employee does not seek help and the problem in some way comes to the attention of the employer, then corrective or disciplinary action will result. 7. If an employee is arrested off the job for drug involvement, the school district will consider various circumstances surrounding the arrest before taking action. 8. A covered employee charged with possession, use, sale, distribution, or manufacture of alcohol or illegal controlled substances on District property will be removed from “safety- sensitive” duties until the charges are adjudicated. If the charges result in termination from District employment, the District will not participate financially in any subsequent counseling, rehabilitation or hospitalization. 9. If any employee is under treatment with a medication that could alter his/her ability to perform a job, the employee could be subject to reassignment. 10. Supervisors and other employees in jobs classified as “safety-sensitive” will receive annual substance abuse training in accordance with the Omnibus Act. 11. As a condition of employment in a job in a Utah School district having “safety-sensitive duties”, an employee or applicant must agree, in writing, to the release of the records of: a. Positive controlled substances test, b. Alcohol tests that register above, four hundredths (0.04) BAC, c. When positive, tests result in disciplinary action d. Any refusal to be tested. The signed release must stipulate that the employee agrees to the release of such records dating back two years from the date or hire for new employees and two years from any inquiry related to employment status in which the driving or performance record of the individual is at issue, and the records may be released to other Utah school districts and other states via confidential transmittal through the Bus Supervisor. 12. All Utah public school districts will implement the policy set forth in Paragraph 11 above, by including in the employment application for “safety-sensitive” jobs statements to the effect that: a. An essential function of safety sensitive jobs in the District is that the person performing such a job do so free of illegal controlled substances and with a BAC within the limits set forth in this policy, b. Application for employment in such a job in the District implies consent to the condition in paragraph 11.
2.0720.03 STATEWIDE CONTROLLED SUBSTANCE TESTING Issue date: 4/25/96
1. In accordance with the Omnibus Transportation Employee Testing Act of 1991 and Utah State Board of Education Policy, statewide drug and alcohol testing will commence January 1, 1995. Persons subject to draft testing are employees of the District who hold the Commercial Driver’s License (CDL) and perform “Safety-Sensitive” duties. 2. These employees include but are not limited to: a. All part-time and full-time, and substitute school bus drivers who hold the CDL
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