For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACTUAL KNOWLEDGE.
Actual knowledge by a supervisor that an employee has used alcohol or controlled substances based on the supervisor's direct observation of the employee, a traffic citation for driving while under the influence of alcohol or a controlled substance, or an employee's admission of alcohol or controlled substance.
DIRECT OBSERVATION
as used in this definition means observation of alcohol or controlled substance use and includes observation of an employee's behavior or physical characteristics sufficient to warrant reasonable suspicion testing.
ALCOHOL.
The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
ALCOHOL CONCENTRATION (OR CONTENT).
The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test.
ALCOHOL SCREENING DEVICE (ASD).
A breath or saliva device.
ALCOHOL USE.
The consumption of any beverage, liquid mixture, or preparation, including any medication, containing alcohol.
BREATH ALCOHOL TECHNICIAN (BAT).
An individual who instructs and assists individuals in the alcohol testing process, and operates an evidential breath testing device (EBT).
COLLECTION SITE.
A place designated by the city, where individuals present themselves for the purpose of providing a urine specimen for a drug test.
CONFIRMATION (OR CONFIRMATORY) DRUG TEST.
A second analytical procedure performed on a urine specimen to identify and quantify the presence of a specific drug or drug metabolite.
CONFIRMATION (OR CONFIRMATORY) VALIDITY TEST.
A second test performed on a urine specimen to further support a validity test result.
CONFIRMED DRUG TEST.
A confirmation test result received from a laboratory.
CONSORTIUM/THIRD-PARTY ADMINISTRATOR (C/TPA).
A service agent that provides or coordinates the provision of a variety of drug and alcohol testing services for the city. C/TPAs typically perform administrative tasks concerning the operation of the city's drug and alcohol testing programs.
(1) This term includes, but is not limited to, groups of employers who join together to administer, as a single entity, the DOT drug and alcohol testing programs of its members.
(2) C/TPAs are not employers.
(3) Urinalyses will be conducted to detect the presence of the following substances:
(a) Marijuana;
(b) Cocaine;
(c) Opiates;
(d) Amphetamines; and
(e) Phencyclidine (PCP).
DESIGNATED EMPLOYER REPRESENTATIVE (DER).
An individual identified by the city as able to receive communications and test results from service agents and who is authorized to take immediate actions to remove employees from job duties and to make required decisions in the testing and evaluation processes. Service agents cannot serve as DERs.
DRUG.
Any substance (other than alcohol) that is a controlled substance as defined in this policy and 49 CFR Part 40.
EVIDENTIAL BREATH TESTING DEVICE (EBT).
A device used for the evidential testing of breath alcohol concentrations.
LICENSED MEDICAL PRACTITIONER.
A person who is licensed, certified, and/or registered, in accordance with applicable federal, state, local, or foreign laws and regulations, to prescribe controlled substances and other drugs.
MEDICAL REVIEW OFFICER (MRO).
A person who is a licensed physician (Doctor of Medicine or Osteopathy) and who is responsible for receiving and reviewing laboratory results generated by the city's drug testing program and evaluating medical explanations for certain drug test results.
PRESCRIPTION MEDICATIONS.
The use (by an employee) of legally prescribed medications issued by a licensed health care professional familiar with the employee's work-related responsibilities.
REFUSE TO SUBMIT (TO AN ALCOHOL OR CONTROLLED SUBSTANCES TEST).
An employee:
(1) Fails to appear for any test (except pre-employment) within a reasonable time, as determined by the city, consistent with applicable DOT regulations, after being directed to do so by the city;
(2) Fails to remain at the testing site until the testing is complete;
(3) Fails to provide a urine specimen for any DOT-required drug test (except pre-employment if the employee leaves before the testing process begins);
(4) In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the employee's provision of the specimen;
(5) Fails to provide a sufficient amount of urine when directed, and if it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure;
(6) Fails or declines to take a second test the city or collector has directed the employee to take;
(7) Fails to undergo a medical examination or evaluation, as directed;
(8) Fails to cooperate with any part of the testing process; or
(9) Is reported by the MRO as having a verified adulterated or substituted test result.
SCREENING TEST TECHNICIAN (STT).
A person who instructs and assists employees in the alcohol testing process and operates an alcohol screening device (ASD).
STAND-DOWN.
The practice of temporarily removing an employee from the performance of work functions based only on a report from a laboratory to the MRO of a confirmed positive drug test for a drug or drug metabolite, an adulterated test, or a substituted test, before the MRO has completed verification of the test results.
SUBSTANCE ABUSE PROFESSIONAL (SAP).
A person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare. A SAP must be:
(1) A licensed physician (Doctor of Medicine or Osteopathy);
(2) A licensed or certified social worker;
(3) A licensed or certified psychologist;
(4) A licensed or certified employee assistance professional; or
(5) A drug and alcohol counselor certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission (NAADAC) or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC), or by the National Board for Certified Counselors, Inc and Affiliates/Master Addictions Counselor (NBCC).
(Ord. 9248, passed 4-14-2014)