Use of Alcohol and Controlled Substances by School Bus Drivers and Testing for the Prescence of Alcohol and Controlled Substances School buses are classified as Commercial Vehicles under National Transportation Safety Administration (NHTSA) Regulations and school bus drivers are required to possess a Class "A" or "B" Commercial Drivers License to operate a school bus. All drivers operating a vehicle classified as a Commercial Vehicle are considered to be performing a "safety Sensitive Function" under Title 49, Code of Federal Regulations, National Highway Traffic Safety Administration Regulations. Under Title 49CFR all commercial drivers performing safety sensitive functions are required to be tested for the prescence of alcohol and controlled substances. This includes drivers employed by state and loacal units of government. Physical Condition of Driver - Mood/Mind Modifying Substances Prescription Medications Alcoholic Beverages and Blood Alcohol Content Contractor Responsibility Under Title 49 CFR Driver Responsibility Under Title 49 CFR Chemical and Alcohol Abuse Testing Policies for the Testing for Alcohol and Controlled Substances Reasonable Suspicion Training for Supervisors On Duty Use of Alcohol or Controlled Substances Impaired Ability or Alertness Suspected Impairment Physical Condition of Driver - Mood/Mind Modifying Substances 168. Physical Condition of Driver - Mood/Mind Modifying Substances Drivers must be totally free from the influence of any prohibited or illegally obtained mood/mind modifying substance. Drivers must be in good physical condition and are expected to be free from the influence of any legally obtained mood/mind modifying substances during the period at least eight hours prior to and while on duty, except as noted in section III-F-169 of these Specifications. The School District shall immediately remove from service, and shall preclude from further service to the District, any driver who is found to have operated a school bus if he/she possesses, is under the influence of, or is using any of the following substances: 1. A narcotic or derivative thereof, except as outlined in section III-F-169. 2. An amphetamine or any formulation thereof, except as outlined in section III-F-169. 3. Any illegally obtained or used controlled substance. 4. Any other substance, controlled or uncontrolled, to a degree which renders him/her less than fully capable Prescription Medications 169. Prescription Medications The provisions of section III-F168 and III-F-170 of these Specifications do not apply to the possession or use of a substance administered to the driver by, or under the instructions of, a licensed physician who has advised the driver that the substance will not affect his/her ability to operate a school bus. However, the School District retains the authority to direct questions regarding the safety and ability of a driver who is using medication on the advice of his/her physician to an independent medical authority of the School District's choice as provided in Section III-F-187 of these Specifications. Alcoholic Beverages and Blood Alcohol Content 170. Alcoholic Beverages and Blood Alcohol Content In accordance with Minnesota Statute 169.1215, no driver shall operate or have physical control of a school bus under contract to the District with any presence of alcohol in their system. Further, no person operating a school bus under contract to the District shall consume any beverage with alcoholic content within eight (8) hours before going on duty, operating, or having physical control of a school bus nor shall any person consume any beverage with alcoholic content, or be under the influence of, or have possession of, an intoxicating liquor in any amount, while on duty, operating, or in physical control of a school bus operating under this contract. Alcoholic Beverages and Blood Alcohol Content - continued: Any driver found in violation of these provisions shall be immediately removed from, and prohibited from, further service in the District. The District Transportation Department will immediately notify the Saint Paul Police of any driver found to be operating in an alcohol impaired condition and shall pursue full prosecution of such a driver. Any driver operating on District service who refuses to test when requested to do so by a police officer, or refuses to test when requested to do so by his/her employer when probable cause exists under Title 94CFR, shall be permanently removed from all service to the District. Contractor Responsibility Under Title 49 CFR 171. Contractor Responsibility Under Title 49 CFR Each contractor shall be in total compliance with the alcohol and controlled substances testing provisions of Title 49CFR. Failure to be in compliance with the requirements of Title 49 CFR shall be deemed to be a serious safety violation of these Specifications and shall result in a fine of $1,000.00 per occurrence and loss of the route involved. Driver Responsibility Under Title 49 CFR 172. Driver Responsibility Under Title 49 CFR Each driver shall be in total compliance with the alcohol and controlled substances use and testing provisions of Title 49CFR. Any driver found in violation of the requirements of Title 49CFR shall be subject to permanent removal from all District service. Chemical and Alcohol Abuse Testing 173. Chemical and Alcohol Abuse Testing Pursuant to the requirements of Federal Motor Carrier Safety Regulations as contained in Section 49, Code of Federal Regulations, Part 40, each contractor performing any type of service under this contract is required to establish and maintain a program of testing for drug and alcohol abuse which complies with Section 49CFR. This program must include pre-employment, incident, and random testing for controlled substances and incident and random testing for alcohol. Policies for the Testing for Alcohol and Controlled Substances 174. Drug and Alcohol Testing Policies - Existing Contractors Each successful bidder who has provided pupil transportation service to the District in prior years shall maintain on file with the Transportation Safety Coordinator a current copy of the company policy for testing for Alcohol and for Controlled Substances, which conforms to the requirements of Section 49, Code of Federal Regulations. 175. Drug and Alcohol Testing Policy - New Bidders Bidders who have not previously provided pupil transportation service to the Saint Paul Public Schools must submit a copy of their policy for the testing for alcohol and controlled substances with their bid. This policy must conform to 49CFR, part 40. Reasonable Suspicion Training for Supervisors 181. Reasonable Suspicion Training for Supervisors All management, supervisory, and dispatch personnel, including those assigned to driver sign in/sign out duties, must be trained in a drug and alcohol recognition program that conforms to the requirements of Title 49CFR 382.603. A list of all trained supervisors must be supplied to the Transportation Safety Coordinator prior to September 1, 2003. On Duty Use of Alcohol or Controlled Substances 182. On Duty Use of Alcohol or Controlled Substances No driver shall use alcohol, or controlled substances prohibited under s.49 CFR, while operating under this contract. No contractor shall allow a driver to operate a school bus under this contract if the contractor has knowledge that the driver has, or is, using alcohol, or controlled substances prohibited under s.49 CFR, while performing service under this contract. Impaired Ability or Alertness 183. Impaired Ability or Alertness No driver shall drive, or be required to drive, any Saint Paul Public Schools route, field trip, athletic trip, Community Education trip, or other service, if his/her ability or alertness is so impaired through fatigue, illness, or other causes as to make it unsafe for him/her to drive in such condition. Any driver found to be transporting students, staff, or other District passengers in such a condition will be subject to disciplinary action including suspension or removal from all District service. Any employing contractor who requires, or knowingly allows, a driver to transport School District passengers in an impaired condition will be subject to disciplinary action, including loss of route(s) and suspension from the provision of field trip, athletic trip, or Community Education service. Suspected Impairment 184. Suspected Impairment All interviews of a driver suspected of drug or alcohol impairment must be conducted by a management, supervisory, or dispatch employee who is trained pursuant to the requirements of section Title 49CFR382.603 as required under Section III-F-181 of these specifications.