For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULTERATED SPECIMEN. A specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be present but is at a concentration so high that it is not consistent with human urine.
ALCOHOL. Intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol, including methyl and isopropyl alcohol.
ALCOHOL CONCENTRATION or CONTENT. ALCOHOL in a volume of breath (shown as grams of alcohol per 210 liters of breath) as indicated by an EVIDENTIAL BREATH TEST.
ALCOHOL USE. Consumption of any beverage, mixture, or preparation, including medications, containing ALCOHOL.
BREATH ALCOHOL TECHNICIAN (BAT). An individual who instructs and assists individuals in the ALCOHOL testing process and operates an EVIDENTIAL BREATH MEASUREMENT (EBT) DEVICE.
CONFIRMATION TEST.
(1) In ALCOHOL testing, a second test following a screening test, with a result of 0.02 or greater, that provides quantitative date of ALCOHOL CONCENTRATION.
(2) In CONTROLLED SUBSTANCES testing, a second test to identify the presence of a specific drug or metabolite. In order to ensure reliability and accuracy, this test is separate from and uses a different technique and chemical principle from that of the screening test.
CONFIRMATION VALIDITY TEST. A second test performed on a urine specimen to further support a validity test result.
CONTROLLED SUBSTANCES. In this regulation, the term DRUGS and CONTROLLED SUBSTANCES are interchangeable and have the same meaning. Unless otherwise provided, these terms refer to marijuana, cocaine, opioids, phencyclidine (PCP), and amphetamines, including methamphetamines.
DESIGNATED EMPLOYER REPRESENTATIVE (DER). An employee authorized by the employer to take immediate action(s) to remove employees from safety- sensitive duties and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer.
DILUTE SPECIMEN. A specimen with creatinine and specific gravity values that are lower than expected for human urine.
EBT or EVIDENTIAL BREATH TESTING DEVICE. An EBT approved by the National Highway Traffic Safety Association (NHTSA) for the evidential testing of breath, and placed on NHTSA's conforming products list of evidential breath measurement devices (CPI).
EMPLOYEE. Any person who operates a commercial vehicle (CMV), including full time, regularly employed employees, casual, intermittent, or occasional employees, leased employees, independent, owner-operated contractors who are either directly employed by or under lease to an employer or who operates a commercial motor vehicle at the direction of or with the consent of an employer.
INITIAL DRUG TEST. The test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites.
INITIAL VALIDITY TEST. The first test used to determine it a specimen is adulterated, diluted, or substituted.
MEDICAL REVIEW OFFICER (MRO). A licensed physician (medical doctor or doctor of osteopathy), responsible for receiving laboratory results generated by an employer's drug testing program. The MRO must have knowledge of substance abuse disorders and appropriate medical training to interpret and evaluate an individual's confirmed positive test, medical history, and other relevant biomedical information.
PERFORMING A SAFETY-SENSITIVE FUNCTION. An employee is considered to be PERFORMING A SAFETY-SENSITIVE FUNCTION when he or she is actually performing, ready to perform, or immediately available to perform, any safety-sensitive function.
PRIMARY SPECIMEN. The urine specimen bottle that is opened and tested first by the laboratory to determine whether the employee has a drug or drug metabolite in his or her system, and for the purpose of validity testing. The PRIMARY SPECIMEN is distinguished from the SPLIT SPECIMEN, defined in this section.
SCREENING TEST (INITIAL TEST).
(1) In ALCOHOL testing, a procedure to determine if an employee has a prohibited concentration of ALCOHOL in his or her system.
(2) In CONTROLLED SUBSTANCE testing, a screen to eliminate negative urine specimens from further consideration.
SPLIT SPECIMEN. A part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test of the PRIMARY SPECIMEN or a verified adulterated or substituted test result.
SUBSTANCE ABUSE PROFESSIONAL (SAP). A person who evaluates employees who have violated a DOT drug and alcohol regulation or company substance abuse testing policy, and make recommendations concerning education, treatment, follow up testing, and aftercare. A person qualified to be a SAP must have one of the following credentials: a licensed physician (Doctor of Medicine or Osteopathy), a licensed or certified social worker, a licensed or certified psychologist, a licensed or certified employee assistance professional, a state licensed or certified marriage and family therapist, or a drug and alcohol counselor certified by an organization listed at https://www. transportation.gov.odap.
SUBSTITUTED SPECIMEN. A specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine.
(Ord. 2-2010, passed 1-12-10; Am. Ord. 1-2018, passed 1-9-18)