News & Insights

As we approach the end of the school year, school bus operators are already planning work that must be done over the summer months. For most operators, the summer months are the best time of the year to review and revise employee handbooks, as well as other employer policies and procedures. One component that should not be overlooked during this review period is language regarding the company’s drug and alcohol policy (or policies).

In recent years, many employers have begun to reconsider zero-tolerance drug and alcohol policies relating to positive drug tests. Broadly, this has been in part motivated by the legalization of medical marijuana and the increasingly common use of cannabidiol (CBD) oil that may contain trace amounts of THC, though employees with a CDL are still prohibited under FMCSA regulations from using medical marijuana or having THC in their system. Additionally, in school bus circles, many operators cannot afford to lose drivers due to the driver shortage, and so offering a second chance after a positive drug test result may be in the interest of the employer. Of course, for employees with a CDL, such second chances are limited by FMCSA drug and alcohol regulations – including the requirement for CDL drivers to be taken out-of-service until the successful competition of a Substance Abuse Professional program and a negative return-to-duty drug test. 49 C.F.R. §§382.501(b), 49.285(a). In any event, school bus operators should be aware that FMCSA requires employers to adopt a comprehensive policy on the misuse of drugs and alcohol and to distribute the policy to employees driving a commercial motor vehicle. 49 C.F.R. §382.601. Often, this is included as a supplement to drug and alcohol testing language in the handbook.

Separately from above, school bus operators should consider including drug and alcohol free workplace language in their employee handbooks. In a typical drug and alcohol free workplace policy, the employer states that being under the influence of drugs and alcohol at work, as well as the possession or use of drugs or alcohol at work, is prohibited. It is not uncommon for employers to take a zero-tolerance stance when it comes to being under the influence, or possessing or using drugs and alcohol at the workplace, though an employer may decide a discretionary policy works here too. While fact specific, school bus operators should keep in mind that a positive drug test does not automatically mean a violation of a drug and alcohol free workplace policy, as the employee may not be under the influence at work and may not have used the drugs or alcohol at work.  

School bus operators should review drug and alcohol language in their handbook, as well as any related policies or procedures, to ensure that they are aligned with their actual practice. If you are struggling with drug and alcohol language in your handbook or policies, or have questions on above, feel free to contact help@rckelly.com or call us at 215-896-3846.