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(a) "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other law molecular weight alcohols including methyl and isopropyl alcohol.
(b) "Alcohol Use" means the consumption of any beverage, mixture, or preparation, including any medication containing alcohol.
(c) "Breath Alcohol Technician" means an individual trained in the operation of the evidential breath testing device being used to collect breath samples for alcohol testing.
(d) "Consortium Testing Pool" means several employers joined together to provide a larger pool of employees from which to choose those to be tested. Each driver included in such pool is a covered employee under the Act.
(e) "Controlled Substance" and "Drug" are terms that are used interchangeably in this policy and refer to the same.
(f) "Covered Employee" means employees covered by this policy include all drivers who are required to hold a commercial drivers license in order to perform the duties of their position. This includes all part-time, full-time, temporary, seasonal or intermittent employees of the employer.
(g) "Employer" and "City of Aurora" are terms used interchangeably in this policy and refer to the same.
(h) "Illegal Drugs" are defined as those which are not legally obtainable or those that are legally obtainable but which have been illegally obtained, and include the following: (1) marijuana, (2) cocaine, (3) phencyclidine, (4) opiates, and (5) amphetamines. If the employee has a prescription for such drugs that prescription should be discussed with the Medical Review Officer. Employees using medication prescribed by a medical doctor are required to be aware of the potential effects such medication could have on their ability to perform their job, and are required to report such use to their supervisor if impairment is likely.
(i) "Medical Review Officer (MRO)" is a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program. The MRO shall have knowledge of substance abuse disorders and have appropriate medical training to interpret and evaluate an individual's confirmed positive test result,together with his/her medical history and any other relevant biomedical information. The MRO will report positive results to the Employer only after verifying that there are no valid medical explanations for the positive result.
(j) "Performing (a safety-sensitive function)" means any period in which the driver is actually performing, ready to perform or immediately able to perform any safety sensitive functions.
(k) "Positive Test Results" means a test result for the above named drugs which returns positive for any amount of such drugs, such employee will be notified and called to discuss these results with the Medical Review Officer and will be permitted an opportunity to present any information which would explain the positive test result.
(l) "Random Selection Procedure" means each employer will provide the Third Party Administrator with identifying information for each covered employee. This information will be entered into a computer program which is designed to randomly select a percentage of such employees for both alcohol and drug testing. Fifty percent (50%) of all employees entered into the testing pool must be selected and tested for the presence of drugs in their system; twenty-five percent (25%) for alcohol.
(m) "Refusal to Submit to Testing (to an alcohol or controlled substance test)" A covered employee who, without a valid medical explanation after he or she has received notice of the requirement for testing, (1) fails to, or refuses to submit a breath or urine sample, or who (2) fails to provide adequate breath for testing or who (3) fails to provide adequate urine for controlled substances testing, or (4) engages in conduct that clearly obstructs the implementation of any testing process hereunder. Any covered employee who engages in any conduct described above will be determined to have refused to submit to testing and will be subject to the consequences identified in this chapter.
(n) "Testing Procedure" If a covered employee is notified that he has been selected by the computer for random testing he will be advised to present himself at a particular place within a specified time period. If being tested for drugs, the employee will be required to present a urine sample to the medical facility to which he has been sent. The urine sample will be split and one part thereof will be tested for drugs. The other part will be saved for additional testing if requested by the employee. If being tested for alcohol, he will be required to submit to a breathalyzer or other breath testing device.
(o) "Third Party Administrator" The several employers have contracted with Robinson Health Affiliates, Inc. to administer the testing for this consortium of employers. Robinson will be contracting with medical facilities to provide for the drug and alcohol testing required by the Act. Robinson will also contract with or employ a Medical Review Officer and a Breath Alcohol Technician to conduct and/or interpret the results. Robinson will contact the employer of any covered employee who is selected for random testing, and will be contacted in the case of other testing as described below. (Ord. 1995-215. Passed 12-18-95.)