Md. Code Regs. 13A.06.07.11

Current through Register Vol. 51, No. 12, June 14, 2024

Section 13A.06.07.11 - Alcohol and Controlled Substances Use and Testing

A. Testing Program Required.

(1) A local school system shall implement an alcohol and controlled substances testing program for all school vehicle drivers, or shall certify to the Department that all school vehicle drivers are participating in an alcohol and controlled substances testing program.

(2) The testing program shall meet the standards established in 49 CFR 40 and 382, which are incorporated by reference by this chapter and by applicable Maryland law, except that the alcohol concentration limit for disqualification is 0.02 or greater.

(3) A controlled substances test shall be administered as part of the application process and prior to the offer of employment as a school vehicle driver trainee.

(4) An alcohol or controlled substances test shall be administered as soon as practicable if a supervisor of transportation, who has received training in identifying the signs and symptoms of controlled substances and alcohol abuse or use, has determined there is reasonable suspicion that a school vehicle driver or trainee is using alcohol or a controlled substance.

(5) Both a controlled substances and alcohol test, as defined in 49 CFR Parts 40 and 382, shall be performed following a school vehicle accident.

B. Disqualification of School Vehicle Drivers and Trainees.

(1) A school vehicle driver or trainee who engages in conduct prohibited by §B(2) of this regulation is permanently disqualified from operating a school vehicle in Maryland except under §D of this regulation.

(2) Prohibited conduct is:

(a) Having an alcohol concentration test result of 0.02 or greater on a test required under this regulation;

(b) Possessing alcohol while on duty;

(c) Using alcohol while performing safety-sensitive functions;

(d) Using alcohol within 4 hours before or after performing safety-sensitive functions;

(e) Using alcohol within 8 hours following an accident requiring a post-accident alcohol test under 49 CFR § 382.303, or until the driver undergoes the post-accident alcohol test, whichever occurs first;

(f) Refusal to submit to a controlled substances test required under this regulation;

(g) Refusal to submit to an alcohol test under this regulation;

(h) While on duty, using controlled substances legally prescribed by a licensed physician, unless the use is according to the instructions of the prescribing physician who has advised the school vehicle driver or trainee that the substance does not adversely affect the school vehicle driver's or trainee's ability to safely operate a school vehicle; or

(i) Testing positive for alcohol, controlled substances, or both on a test required under this regulation or by federal regulations.

(3) A school vehicle driver or trainee is determined as having refused to take a controlled substances test under §B(2)(f) of this regulation if the school vehicle driver or trainee:

(a) After being directed to report for testing, fails to appear for any test, except a pre-employment test as set forth in §B(6) of this regulation, within a reasonable time, as determined by the employer or supervisor, and consistent with regulations;

(b) If an owner-operator or self-employed school vehicle driver, fails to appear for a test when notified to do so by an employer or supervisor;

(c) Fails to remain at the testing site until the testing process is completed;

(d) Fails to provide a urine specimen for any controlled substances test required by 49 CFR Part 40, U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, Procedures for Transportation Workplace Drug and Alcohol Testing Programs, or State or local regulations;

(e) Fails to permit the observation or monitoring of urine specimen collection under 49 CFR §§ 40.67(1) and 40.69(g);

(f) Fails to provide a sufficient amount of urine when directed and when it has been determined through a required medical evaluation that there was no adequate medical explanation for the failure to do so;

(g) Fails or declines to take a second test as directed by the employer, supervisor of transportation, or collector;

(h) Fails to undergo a medical examination or evaluation within 5 business days, as directed by the medical review officer as part of the verification process, or as directed by the employer or supervisor as part of the "shy bladder" procedures, but in the case of a pre-employment controlled substances test, the applicant is considered to have refused to test without a medical evaluation or examination only if the pre-employment test is conducted following a contingent offer of employment;

(i) Fails to cooperate with any part of the testing process, including refusing to empty pockets when directed by the collector, or behaving in a confrontational way that disrupts the collection process, and in the case of a pre-employment test, including when the testing process actually commences; or

(j) When the medical review officer reports to the employer or supervisor that the donor has a verified adulterated or substituted specimen result.

(4) A school vehicle driver or trainee reporting for a pre-employment controlled substances test is not considered to have refused a test under this chapter if:

(a) The school vehicle driver or trainee leaves the testing site before the testing process actually commences; or

(b) The school vehicle driver or trainee does not leave a urine specimen because the individual left the testing site before the testing actually commences.

(5) A school vehicle driver or trainee is determined as having refused to take an alcohol test if the school vehicle driver or trainee:

(a) Fails to appear for a test, except a pre-employment test as set forth in §B(6) of this regulation, within a reasonable time as determined by the employer or supervisor and consistent with regulations, after being directed to report for a test;

(b) In the case of a school vehicle driver or trainee who is an owner-operator or self-employed school vehicle driver or trainee, fails to appear for a test when notified to do so by an employer or supervisor;

(c) Fails to attempt or to provide an adequate amount of saliva or breath for any alcohol test required by Part 40, U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, Procedures for Transportation Workplace Drug and Alcohol Testing Programs, State or local regulations;

(d) Fails to provide a sufficient breath specimen and the physician has determined through a required medical evaluation that there was no adequate medical explanation for the failure;

(e) Fails to undergo a medical examination or evaluation by a licensed medical physician within 5 business days, as directed by the employer or supervisor as part of the insufficient breath procedures;

(f) Fails to sign the U. S. Department of Transportation certification at Step 2 of the alcohol test form; or

(g) Fails to cooperate with any part of the testing process.

(6) A school vehicle driver or trainee reporting for a pre-employment test who does not provide a saliva or breath specimen under §B(2)(g) of this regulation because the applicant left the testing site before the testing commences, is not considered to have refused to test.

C. Reporting Disqualified Drivers.

(1) The supervisor of transportation shall notify the Department's Office of Pupil Transportation within 3 business days of receipt of positive controlled substances or alcohol test results.

(2) The notification shall be in the format prescribed by the Department and include the date the test was administered and the date of disqualification.

(3) The Office of Pupil Transportation of the Department shall maintain a confidential computer database of the disqualified school vehicle driver's or trainee's information reported by the local school systems under §C(1) of this regulation.

(4) On the first business day of each month, the supervisor of transportation shall submit to the Department's Office of Pupil Transportation a current list of active school vehicle drivers. The list shall be in an electronic format prescribed by the Department.

(5) Within the first 4 business days of the start of the month, the Department's Office of Pupil Transportation shall match that list with the Department's confidential computer database established under this regulation and immediately notify the supervisor of transportation if an active school vehicle driver or trainee is listed on the Department's computer database. The supervisor of transportation shall respond in writing to the Department verifying receipt of notification and advise their next appropriate action.

D. Return to Service of Disqualified Drivers.

(1) An individual who has been disqualified from driving a school vehicle in Maryland under §B of this regulation may not be considered for service as a school vehicle driver in any local school system unless the individual submits to the local supervisor of transportation a statement signed by a substance abuse professional certifying under oath that the individual has successfully completed the substance abuse professional's education program, treatment recommendations, or both.

(2) An individual who has been disqualified from driving a school vehicle in Maryland under §B of this regulation shall pass a return-to-duty test as required by 49 CFR § 382.309, before returning to service as a school vehicle driver.

(3) An individual who has been placed in service as a school vehicle driver in accordance with the procedures described in §D(1) and (2) of this regulation shall be subject to follow-up testing for up to 60 months.

(4) A supervisor of transportation may disapprove a substance abuse professional's certificate under §D(1) of this regulation if the supervisor of transportation determines that the controlled substances or alcohol abuse rehabilitation program was not certified by the State Department of Health and Mental Hygiene.

E. Local Authority. A local school system may establish additional policies with respect to the use or possession of alcohol or controlled substances, including any consequences for a school vehicle driver found to have a specified alcohol or controlled substance level, that are based on the local school system's authority independent of this regulation and are otherwise consistent with applicable law.

F. Access to Records.

(1) A local school system shall have immediately available all results, including documentation, of alcohol and controlled substances tests conducted under its alcohol and controlled substances use and testing program. Confidentiality of records shall be established by local school system policy.

(2) The Department shall identify the specific records to be maintained by the school system.

(3) A school system shall have electronic access to the computer database maintained by the Department under §C(3) of this regulation.

Md. Code Regs. 13A.06.07.11

Regulation .11 adopted effective July 1, 1989 (16:9 Md. R. 995)
Regulations .11 adopted effective August 31, 1992 (19:17 Md. R. 1608)
Regulations .11 adopted effective October 1, 2001 (28:19 Md. R. 1686); amended and recodified from .10 effective 49:4 Md. R. 301, eff. 2/21/2022; amended effective 50:14 Md. R. 594, eff. 7/24/2023