180.01 DEFINITIONS.

   For purposes of this chapter the following terms shall have the following meaning:

   (a)   "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl or isopropyl alcohol and it includes the presence in the body, as detected by breath, blood or urine test, of intoxicating agents in beverage alcohol including, but not limited to ethyl alcohol, methyl alcohol, or isopropyl alcohol.

   (b)   "Alcohol concentration" means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by a breath test under this part.

   (c)    "Breath Alcohol Technician (BAT)" means an individual who instructs and assists individuals in the alcohol testing process and operates an Evidential Breath Testing (EBT) device.

    (d)    "Collection site" means a place designated by the employer where individuals present themselves for the purpose of providing a specimen of their urine or blood to be analyzed for the presence of drugs.

    (e)    "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

       (1)    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; or

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

      (3)    Is designed to transport 16 or more passengers, including the driver; or

       (4)    Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).

    (f)    "Controlled substance" means any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 49 CFR Ch. 111, Subch. B, App. D and 21 CFR 1308.12 through 1308.15. This includes, but is not limited to marijuana, amphetamines, opiates, phencyclidine (PCP) and cocaine, as well as so-called "designer drugs" not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs.

   (g)    "Covered employee" includes all of the following:

      (1)    All part-time and full-time City employees who are required to possess a commercial driver's license (CDL) in order to perform the duties of their City job classification;

      (2)    All full-time or part-time City employees who are or will be performing a Safety Sensitive Function as a part of their job duties for or with the City;

      (3)    All persons for whom such testing is required in order to comply with Urban Mass Transit Administration Regulation 49 CFR 653.17;

      (4)   All other City employees who, by virtue of Federal or State law or regulation, are legally compelled to submit to controlled substance, drug and/or alcohol testing; and

      (5)    All employees of private employers contracting with the City to undertake work for the City which requires one or more employees to possess a CDL and which will occur over a period of ninety or more days in any 365 consecutive day period.

   (h)   "Covered vehicle" means a commercial motor vehicle or any motor vehicle, regardless of its ignition status, whose operator is legally required to possess a commercial driver's license in order to operate it, when such vehicle is either owned by the City or not owned by the City but being used by an employee of a private employer to perform a contractual obligation of the employer to the City.

    (i)    "DHHS" means the United States Department of Health and Human Services or any designee of the Secretary, Department of Health and Human Services.

    (j)    "Drug" means legally prescribed drugs, any illegal substance, or any controlled substances as defined above and non-prescribed medications which bear a warning label which indicates that mental functioning, motor skills or judgment may be adversely affected.

   (k)    "Refusal to submit to substance abuse test" includes any of the following:

      (1)    Failure to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing.

      (2)    Failure to provide adequate urine for substance abuse testing without a valid medical explanation after he or she had received notice of the requirement for urine testing.

      (3)    Engagement in conduct that clearly obstructs or frustrates or has the effect of obstructing or frustrating the substance abuse testing process.

    (l)    "Safety sensitive function". A driver is engaged in a safety sensitive function when the driver is engaged in any of the "on-duty" functions described in 49 CFR 395.2 including, but not limited to, the following:

      (1)    All time while on duty and regardless of location, including time waiting to be dispatched, unless the driver has been relieved from duty by the employer;

      (2)   All time inspecting equipment or vehicles;

      (3)    All driving time defined as all time spent at the driving controls of a commercial motor vehicle or covered vehicle in operation;

       (4)    All time, other than driving, spent in any commercial motor vehicle or covered vehicle;

      (5)    All time spent loading or unloading a commercial motor vehicle or covered vehicle including time supervising or assisting in this process, time spent remaining in readiness to operate a vehicle or time spent giving or receiving receipts for shipments loaded or unloaded;

      (6)    All time spent performing the requirements specified in Section 49 CFR 392.40 and 392.41 relating to accidents;

      (7)    All time repairing, obtaining assistance, or remaining in attendance of a disabled commercial motor vehicle or covered vehicle; and

      (8)    All time spent providing a breath, blood, or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident or follow-up testing required by this chapter when directed by one's employer, including time spent waiting for a test to be conducted.

   (m)   "Screening test (or initial test)", in drug testing, means an immunoassay screen to eliminate "negative" urine specimens from further analysis. In alcohol testing, an analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath specimen.

   (n)    "Substance abuse test" means a reliable and accurate scientific analysis of blood, breath, or urine or other process used for the purpose of detecting and quantifying the presence of drugs, alcohol, and/or controlled substances in an employee's system. A substance abuse test may consist of a blood, breath or urine test alone or a combination of two or more such tests. This term includes both initial screening tests and tests to confirm initial screening findings. In the case of satisfactory substance abuse test results, time spent in order to travel to the sampling facility, time spent providing a satisfactory test sample pursuant to the insistence of the City and thereafter time spent returning to work shall be deemed time spent at work.

      A refusal or failure to provide a substance abuse test sample or the providing of an unsatisfactory substance abuse test result, regardless of the grounds on which a substance abuse test is sought, shall not be considered time spent in the service of the City because an employee shall be deemed medically unqualified for duty in such cases. An employee requesting a confirming substance abuse test shall be considered to be doing so on the employee's own time.

      (Ord. 96-6-65. Passed 6-12-96.)