Section 17-601
§ 17-601 Definitions. As used in this chapter, the following terms
shall be defined as follows:
a. "Driver" or "Bus driver" shall mean every person employed by a
motor carrier who drives and operates a bus or other motor vehicle to
transport school children and every person employed by a motor carrier
who drives and operates a mobile instructional unit pursuant to a
contract between the motor carrier and the board of education.
b. "Motor carrier" shall mean any person, corporation, or entity who
operates or employs others to operate buses or other motor vehicles to
transport school children and any person, corporation, or entity who
operates or employs others to operate mobile instructional units
pursuant to a contract with the board of education.
c. "The department" shall mean the New York city department of health
and mental hygiene.
d. "Board" or "Board of education" shall mean the New York city board
of education.
e. "Illegal drug" shall mean marijuana or concentrated cannabis,
cocaine and its derivatives, opiates, amphetamines, phencyclidine and
any other drug the board of education shall designate by rule pursuant
to section 17-609 of this chapter.
f. "Drug test" shall mean a scientific procedure employing an initial
screening test and, where required by this chapter, a subsequent
confirmatory test on urine to detect the presence of illegal drugs.
g. "Sample" shall mean a portion of a urine specimen used for testing.
h. "Screening test" shall mean an immunoassay screen using a test at
least as reliable as the enzyme multiplied immunoassay test.
i. "Confirmatory test" shall mean a second analytical procedure
performed on a different sample of the same specimen that has tested
positive on the screening test.
j. "Pre-employment test" shall mean a drug test given to an applicant
for the position of driver.
k. "Random test" shall mean a drug test given annually to a
predetermined percentage of drivers who are selected on a scientifically
defensible random and unannounced basis.
l. "Post-accident test" shall mean a drug test administered to a
driver after a serious accident or series of accidents, as defined in
section 17-607, has occurred during his or her operation of a bus or
other motor vehicle in the course of his or her employment.
m. "Return to duty test" shall mean a drug test given to a driver who
previously tested positive to a drug test and is returning to active
duty, and any additional, unannounced drug test administered for a
period of up to sixty months after a positive test result.
n. "Serious accident" shall mean an accident associated with the
operation of a bus or other motor vehicle used to transport school
children in which an individual dies or must be taken to a medical
treatment facility, or in which property damage is estimated to be more
than two thousand five hundred dollars.
o. "Chain of custody procedures" shall mean procedures to account for
the integrity of each urine specimen by tracking its handling and
storage from point of specimen collection to final disposition of the
specimen.
p. "Medical review officer" shall mean a licensed physician
responsible for receiving and interpreting laboratory results generated
by a drug testing program.
q. "Positive test result" shall mean that the drug test result shows
positive evidence that an illegal drug is present in a driver's system
in a level established by the board of education pursuant to section
17-609.
r. "Pass a drug test" shall mean that a medical review officer has
determined, pursuant to section 17-609 herein, that the results of a
drug test administered under this chapter: (1) showed no evidence or
insufficient evidence of an illegal drug; (2) showed evidence of an
illegal drug but there was a legitimate medical explanation for the
result; (3) were scientifically insufficient to warrant further action;
or (4) were suspect because of irregularities in the administration of
the test or observation of chain of custody procedures.
s. "Active duty" shall mean the operation of a bus or other motor
vehicle used for the transportation of school children.
t. "School year" shall mean the period of time commencing September
first and ending on August thirty-first.
u. "Mobile instructional unit" shall mean a vehicle in which federally
mandated educational services are provided to eligible non-public school
children pursuant to title I of the Elementary and Secondary Education
Act of 1965, as amended.
Section 17-602
§ 17-602 Drug testing of school system drivers. Every motor carrier
shall certify to the board of education that it requires all drivers
employed by such motor carrier to submit to pre-employment drug testing,
random drug testing, reasonable suspicion drug testing, post-accident
drug testing and return to duty drug testing, in accordance with the
requirements of this chapter and any rules promulgated pursuant hereto.
Section 17-603
§ 17-603 Prior notice of testing policy. At the beginning of each
school year, every motor carrier shall give written notice of its drug
testing policy, as provided by the board of education pursuant to
section 17-609(d)(2) of this chapter, to all drivers employed by it. The
written notice shall contain the following information: the need for
drug testing; the procedure for confirming an initial positive drug test
result; the right to obtain an additional drug test on the same specimen
at the driver's own expense; the consequences pursuant to this chapter
of not passing a drug test or refusing to take a drug test; and the
right to explain a positive test result.
Section 17-604
§ 17-604 Pre-employment testing. For the purposes of this chapter, a
motor carrier shall not hire or assign an individual as a driver unless
he or she passes a drug test in accordance with the provisions of this
chapter.
Section 17-605
§ 17-605 Random testing. a. All drivers employed by a motor carrier
subject to this chapter shall be subject to drug testing on an
unannounced and random basis.
b. During the school year commencing September 1, 1990 and ending
August 31, 1991, every motor carrier shall administer a number of random
drug tests equal to twenty-five percent of all drivers employed during
that year. For each subsequent school year, every motor carrier shall
administer a number of random drug tests equal to fifty percent of all
drivers employed by such motor carrier during that year.
c. Each driver shall be in a pool from which random selection is made.
Each driver in the pool shall have an equal chance of selection and
shall remain in the pool after he or she has been tested.
d. A driver shall be selected for drug testing on a random basis by
using a scientifically valid random number generation method.
e. Testing shall be spread through the twelve-month period of the
school year.
f. The board of education shall select the dates and times that random
drug tests shall be administered and shall be responsible for the driver
selection process required by subdivision d of this section.
Section 17-606
§ 17-606 Reasonable suspicion testing. Nothing in this chapter shall
preclude a motor carrier from administering a drug test when the motor
carrier has a reasonable suspicion that a driver is using an illegal
drug or when the chancellor of the board of education, or his or her
designee, has a reasonable suspicion that a driver is using an illegal
drug and requests that a driver take a drug test.
Section 17-607
§ 17-607 Post-accident testing. a. A drug test must be administered to
any bus driver who, during the course of his or her employment, (i) is
involved in a serious accident while operating a bus or other motor
vehicle; or (ii) during any twelve month period, is involved in three or
more accidents while operating a bus or other motor vehicle, regardless
of the amount of property damage caused or injuries sustained.
b. The specimen for a post-accident drug test required by this section
shall be collected as soon after the accident as is practicable, but not
later than thirty-two hours after the accident. In those cases involving
testing under paragraph (ii) of subdivision a of this section, the
specimen shall be collected in accordance with the requirements of this
subdivision after the third accident.
Section 17-608
§ 17-608 Return to active duty testing. A driver who has been removed
from active duty pursuant to this chapter may not resume active duty
until he or she passes a drug test and the medical review officer has
determined the driver is fit to return to active duty. A driver who is
tested under this section may be administered one or more unannounced
drug tests for up to sixty months after returning to active duty.
Section 17-609
§ 17-609 Drug testing procedures. a. All drug tests administered
pursuant to this chapter shall utilize those reliable screening and
confirmatory procedures set forth in rules promulgated by the board of
education which are at least as reliable as the enzyme multiplied
immunoassay screening test and the gas chromatography/mass spectrometry
confirmatory test.
b. If a sample yields a positive test result, another sample from the
same specimen shall be re-tested using a test at least as reliable as
the gas chromatography/mass spectrometry test. Such a confirmatory test
shall use a portion of the same test specimen collected from the
employee for use in the first test. If such confirmatory test yields a
positive test result the driver may, at his or her option and expense,
have an additional test conducted on a sample from the same specimen by
any laboratory eligible to conduct drug testing under this chapter
within thirty days of the administration of the original test.
c. (1) All test results shall be interpreted and verified by a medical
review officer employed by the motor carrier. The medical review officer
shall be a licensed physician with knowledge of substance abuse
disorders and appropriate medical training to interpret and evaluate an
individual's test result together with his or her individual medical
history and any other relevant biomedical information.
(2) The medical review officer shall (i) receive the results of all
drug tests from the laboratory; (ii) verify that the laboratory report
and assessment of all drug test results are reliable and treat the
results as confidential until such verification is made; (iii) determine
whether an individual passes a drug test; (iv) promptly report all test
results to the driver in writing; (v) report each test that does not
pass to the individual whom the motor carrier has designated to receive
the results and the chancellor of the board of education or his or her
designee; (vi) recommend to the motor carrier whether a driver who
refused to take or did not pass a drug test administered under this
chapter and who passes a subsequent return to active duty test may
return to active duty; and (vii) maintain records of all recommendations
to the motor carrier concerning removal from or return to active duty
and in cases where rehabilitation is not recommended after a confirmed
positive test result, the reasons for such recommendation shall be
submitted to the chancellor of the board of education or his or her
designee.
(3) When reviewing positive results of a confirmatory test under this
section, the medical review officer may consider the individual's
medical history, including any medical records and biomedical
information provided, in determining whether there is a legitimate
medical explanation for the result, including the use of a legally
prescribed medication.
(4) A driver may submit a list of any legally prescribed medication he
or she is using to the medical review officer prior to the
administration of a drug test.
d. (1) The board of education, in consultation with the department of
health and mental hygiene, shall promulgate rules, which to the extent
practicable are consistent with the procedures established by the United
States department of transportation, to implement this chapter. Such
rules shall include initial cutoff levels to be used when screening
urine specimens to determine whether they test positive for illegal
drugs, chain of custody procedures to account for the integrity of each
urine specimen by tracking its handling and storage from point of
specimen collection to final disposition, specimen collection
procedures, quality assurance and quality control programs, procedures
governing the reporting and review of test results and procedures to
safeguard the confidentiality of drivers.
(2) The board of education shall provide motor carriers with written
guidelines and procedures for the implementation of the drug testing
program pursuant to this chapter no later than the effective date of
this local law.
e. Motor carriers subject to this chapter shall use only those
laboratories certified under the United States department of health and
human services mandatory guidelines for federal workplace drug testing
programs or approved by the New York state department of health, to
execute the drug testing program required by this chapter.
f. Laboratories employed by motor carriers to execute the drug testing
program pursuant to this chapter shall report drug test results to the
medical review officer in writing within five days after a drug test has
been administered. All drug test specimens shall be retained by such
laboratories for at least six months.
g. Two or more motor carriers may join together for the purpose of
employing a medical review officer and/or a laboratory to comply with
the requirements of this chapter. Notwithstanding the foregoing, each
motor carrier shall be individually responsible for complying with the
provisions of this chapter.
Section 17-610
§ 17-610 Consequences of failure to pass a drug test; refusal to take
a drug test. a. Any driver who does not pass a drug test administered
pursuant to this chapter shall immediately be removed from active duty.
The medical review officer may, where appropriate, recommend
rehabilitation or other treatment programs. No driver shall return to
active duty unless he or she submits proof of successful completion of a
rehabilitation program or other recommended treatment and passes a
return to active duty drug test as required by section 17-608.
b. Any driver who does not pass a drug test shall receive within ten
days of the confirmatory test, together with written notification of his
or her test result, written notice of the right to undergo an additional
drug test performed on a sample of the same specimen, at his or her
option and expense, within thirty days after the administration of the
original drug test.
c. Any driver who refuses to take a drug test shall immediately be
removed from active duty for a period of at least one year and shall not
return to active duty until passing a return to active duty drug test as
required by section 17-608.
Section 17-611
§ 17-611 Recordkeeping and reporting. a. Motor carriers shall
designate an individual or individuals to serve as drug testing program
designee(s) to ensure compliance with this chapter. The designee(s)
shall be responsible for the implementation of the drug testing program
and maintaining all records related to the administration of drug tests.
Motor carriers shall retain records related to the collection process
and reports of individuals who have not passed a drug test for at least
five years and records of individuals who have passed a drug test for at
least one year.
b. The medical review officer shall maintain records of individuals
who have not passed a drug test for at least five years and the records
of individuals who have passed a drug test for at least one year.
c. A motor carrier shall permit the chancellor of the board of
education or his or her designee to examine all records relating to the
administration and results of the drug testing program established by
such motor carrier pursuant to this chapter.
d. A motor carrier shall promptly give written notice to the
chancellor of the board of education or his or her designee whenever a
driver is removed from active duty or returned to active duty pursuant
to this chapter. Such written notice shall include the driver's name and
the date of removal from or return to active duty.
e. A motor carrier shall submit semi-annual reports to the board of
education on April first and October first of each year summarizing the
following information for the periods from September first through March
first and March second through August thirty-first, respectively:
(1) The total number of drug tests administered;
(2) The number of drug tests administered and the dates of
administration in each testing category (i.e., pre-employment,
post-accident, reasonable suspicion, random, and return to duty);
(3) The number of post-accident drug tests administered and the dates
of administration in each accident category (i.e., fatal, personal
injury, property damage or three accidents);
(4) For post-accident tests, the number of hours between the accident
and the collection of a urine specimen;
(5) The total number of individuals who did not pass a drug test;
(6) The number of individuals who did not pass a drug test by testing
category;
(7) The number of individuals who did not pass a post-accident drug
test by accident category;
(8) The action taken by the motor carrier with respect to each
individual who did not pass a drug test;
(9) The number of drug tests submitted to the laboratory that showed
evidence of one or more illegal drugs in the immunoassay screening test
in a sufficient quantity to warrant a confirmatory test;
(10) The total number of drug tests submitted to the laboratory that
showed evidence of one or more illegal drugs in the confirmatory test in
a sufficient quantity to be reported as positive to the medical review
officer;
(11) The number of drug tests submitted to the laboratory that showed
evidence of one or more illegal drugs in the confirmatory test in a
sufficient quantity to be reported as positive by the medical review
officer;
(12) Such other relevant information as the board of education shall
require.
f. The first semi-annual report required by this section shall be due
on April 1, 1991.
Section 17-612
§ 17-612 Certification of compliance. a. A motor carrier shall certify
to the board that it has established a drug testing program as required
by the provisions of this chapter. Such certification shall be submitted
to the board of education no later than one month after the effective
date of this chapter, and annually thereafter.
b. The text of the certification required by this section shall be as
follows:
I, , , certify that has established and
implemented a drug-testing program in accordance with the terms of
chapter 6 of Title 17 of the administrative code of the city of New
York.
Section 17-613
§ 17-613 Termination of contracts. The board of education may
terminate the contract of any motor carrier that does not comply with
the provisions of this chapter.
Section 17-614
§ 17-614 No abrogation of rights. Nothing contained in this chapter
shall limit any right of a motor carrier to terminate or otherwise
discipline any of its drivers who fail to pass a drug test.
Section 17-615
§ 17-615 Costs. The costs associated with drug testing shall be borne
by the motor carriers.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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