When accepting job applications for prospective school bus drivers your job application should include a 10 year prior history and you must check the person’s CDL drug and alcohol testing history with any previous employer (required to do testing) who employed the person during the previous two years. (49 CRF Part 40)
Per KAR 91-38-6, a governing body shall not employ or retain to transport students any person who discloses or whose driving record indicates that, within the past 10 years, the person has been convicted of DUI.
The school district must get the prospective employee’s written consent to seek the information from these employers. The person must list all previous and current employers within the last two years. If the person doesn’t list previous employers or refuses to sign the consent form, you cannot allow the person drive for you. The consent must be a specific release authorizing the new employer to receive testing information from a specific former or current employer about a specific employee. A separate release form for each past employer in the previous two years is required.
Sample Consent for Alcohol and Drug Testing
(May be printed on School District Letterhead)
If the prospective employee has had a failure of an alcohol and or drug test AT ANY TIME in the past the prospective employee is not eligible to drive a school bus until this individual completes a SAP (Substance Abuse Program) return-to-duty requirements in 49 CFR Part 40.
After successfully completing the SAP requirements, the employee may be eligible to return to driving a school bus. But, before an employer can return the person to driving a school bus, a SAP must determine that the employee successfully complied with the recommended treatment and education. The employee must then have a return-to-duty test and the test result must be negative.
The SAP will also develop the employee’s follow-up testing plan – outlining for the employer the number and frequency of follow-up testing that will take place.
You are then responsible for ensuring that the employee is tested according to the SAP’s follow-up plan. These tests can be for drugs or alcohol or both.
The SAP must direct at least 6 follow-up tests in the first 12 months after the person returns safety-sensitive duties. However, the SAP can direct more tests and may extend them for up to five years.
School Bus Contract Providers should be aware of their requirements under FMCSRs (Federal Motor Carrier Safety Regulations).
Your alcohol and drug testing contract provider (if you are using one) should be able to help you locate a SAP provider.
School Districts are not exempt the requirements of Alcohol and Drug Testing as set forth in 49 CFR Part 40.