News & Insights

As we approach the end of the 2025-2026 school year, school bus contractors are already making plans for work that must be completed over the summer months in preparation for the start of the 2026-2027 school year. Often included in these preparations over the summer months is a review of the employee handbook and supplemental company policies and procedures. As school bus contractors take the time this summer to review and update their handbook, it is recommended not to overlook language regarding the company’s drug and alcohol policy (or policies). Continue reading for a brief discussion on best practices related to drug and alcohol policies in your handbook.

Strict Zero Tolerance Drug and Alcohol Policy

School bus contractors know that drug and alcohol testing for CDL drivers is tightly regulated by FMCSA under 49 CFR Part 382. With this in mind, it was once the norm for employers to adopt a strict zero tolerance drug and alcohol policy applicable to any employee that tested positive for drugs or alcohol. In recent years, employers across all industries have begun to reconsider strict zero tolerance drug and alcohol policies for positive tests. This change has been in part motivated by an increasing number of changes in state laws legalizing recreational and/or medical marijuana – where in some cases, a strict zero tolerance drug and alcohol policy could conflict with state law. In the school bus industry, another motivating factor is the nationwide driver shortage. School bus operators know how hard it is to find drivers, and so a strict zero tolerance drug and alcohol policy does not necessarily align with the goals of school bus operators who are trying to keep driver seats filled.

Many employers have moved away from strict zero tolerance drug and alcohol policies in favor of a progressive discipline policy or a discretionary policy, which may give employees who test positive for drugs or alcohol a second chance. School bus contractors who have already adopted or wish to adopt policies that consider positive tests on a case-by-case basis should be mindful to apply the policies in a non-discriminatory manner. Of course, school bus contractors who wish to offer a CDL driver a second chance after testing positive for drugs or alcohol must still comply with FMCSA regulations requiring employers to take CDL drivers out-of-service until the successful completion of a Substance Abuse Professional (SAP) program and confirm the driver submits a negative return-to-duty test. 49 CFR §§382.501(b), 49.285(a).  

Drug and Alcohol Free Workplace

In addition to reviewing employer policies addressing positive drug and alcohol tests, employers should consider implementing a drug and alcohol free workplace policy. Typically, a drug and alcohol free workplace policy will state that employees are prohibited to be under the influence of drugs, or use or possess drugs, while in the workplace or otherwise representing the company. Many employers take a zero tolerance approach when it comes to actually being under the influence of drugs or alcohol at work, or using or possessing drugs or alcohol at work. As this relates to the discussion above, employers should be mindful that a positive drug or alcohol test does not always mean the employee was under the influence or using drugs or alcohol at the workplace. School bus contractors should also be mindful that, while many state laws now prohibit the discrimination of employees for recreational or medical marijuana use, these laws generally do not permit employees to use or possess marijuana products at the workplace.

FMCSA Drug and Alcohol Materials Required

Some school bus operators may not be aware that FMCSA regulations actually require employers to have a policy and/or educational materials addressing drug and alcohol abuse. The applicable regulation requires employers to provide employees with materials that address prohibited conduct, FMCSA requirements and circumstances in which a driver will be tested for drugs or alcohol, the procedures that will be used for testing for drugs or alcohol, consequences, and information on the FMCSA clearinghouse, among other criteria. 49 CFR §382.601. Often, this is a policy that will supplement the handbook, but may be incorporated in the handbook directly.

What Should Contractors Do?

School bus contractors should use the summer months as a time to review their employee handbook, and should review their drug and alcohol policies to determine if they are aligned with current company practices, or new company practices beginning with the 2026-2027 school year.  School bus contractors are reminded to review any applicable state laws that could affect how policies are upheld, such as laws relating to recreational and medical marijuana. School bus contractors may also use this time to consider additional reasonable suspicion training for supervisors or other employees, which can help support certain adverse employment actions taken under company drug and alcohol policies. If you are looking to update your drug and alcohol policies and have questions on above, you may contact us at 215-896-3846 or email help@rckelly.com.