GBEDA-AR Drug and Alcohol Testing - Transportation Personnel

Code: GBEDA
Adopted: 2/20/13
Revised/Readopted: 6/20/17
Orig. Code: GBEDA 

In a continuing effort to prevent accidents and injuries resulting from the use of drugs and misuse of alcohol by drivers of commercial motor vehicles, the Northwest Regional Education Service District (NWRESD) shall establish a drug and alcohol misuse prevention program. The ESD’s program shall meet the requirements of the Omnibus Transportation Employee Testing Act of 1991. The NWRESD or its transportation provider shall have an in-house drug and alcohol testing program or be a member of a consortium that provides testing that meets the federal regulations, and shall annually certify this information to the Oregon Department of Education. 

The ESD or its transportation provider shall comply with the reporting and pre-employment and annual query requirements of the Federal Motor Carrier Safety Administration (FMCSA). 

The superintendent will develop administrative regulations as needed to implement the NWRESD’s program including such provisions for pre-employment, reasonable suspicion, random, post-accident, return-to-duty and follow-up testing as may be necessary. The administrative regulations will include training, education, and other assistance to employees to promote a drug and alcohol-free environment. 

END OF POLICY 

Legal Reference(s): 

• ORS 657.176 
  
• ORS 825.415
  
• ORS 825.418 
  
• OAR 581-053-0220(3)(h)
  
• OAR 581-053-0230(9)(t)
  
• OAR 581-053-0420(4)(b)(B)(ii)
  
• OAR 581-053-0430(13),(14) 
  
• OAR 581-053-0531(12),(13)
  
• OAR 581-053-0615(2)(c)(D)(ii)
  
• OAR 581-053-0620(1)(d) 
• Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. §§ 31301-31317 (2012); 49 C.F.R. Parts 40, 382, 391-395 (2019).