DHE(LEGAL) -

Searches—General Rule

There are reasonable grounds to believe that the search will turn up evidence that the employee is guilty of work-related misconduct; and

The search is reasonably related in scope to the circumstances that justified the interference in the first place.

O'Connor v. Ortega, 480 U.S. 709 (1987); New Jersey v. T.L.O., 469 U.S. 325 (1985)

Drug / Alcohol Testing

Random Drug Testing

Safety-Sensitive Positions

Note: The following testing requirements apply to employees who operate commercial motor vehicles and are subject to commercial driver's license requirements in accordance with federal regulations.

Testing of Drivers

Commercial Motor Vehicle Defined

Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

Has a gross vehicle weight rating of 26,001 or more pounds; or

Is designed to transport 16 or more passengers, including the driver.

49 C.F.R. 382.107

Testing Procedures

Tests Required

Education and Treatment

49 C.F.R. 40.289

Return-to-Duty Testing

49 C.F.R. 40.305(a)–(b)

Educational Materials

Reports

A valid positive result on an alcohol or drug test and whether the specimen producing the result was a dilute specimen.

A refusal to provide a specimen for an alcohol or drug test.

An adulterated specimen or substituted specimen, as defined at 49 C.F.R. 40.3, on an alcohol or drug test.

Trans. Code 644.251–.252; 49 C.F.R. 40.3

Lumberton ISD

DHE(LEGAL)-P

UPDATE 102

DATE ISSUED: 5/7/2015