For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRIVER. Employee who operates a commercial motor vehicle (gross vehicle weight in excess of 26,000 pounds) as a requirement of his or her job, whether full-time, part-time or seasonal. DRIVERS also include applicants for such positions.
NEGATIVE ALCOHOL TEST. Test in which the blood alcohol concentration (BAC) registers less than 0.02 % by weight.
NEGATIVE DRUG TEST. Test that fails to detect the presence of one or more illegal drugs or classes of illegal drugs at levels exceeding the cutoff levels established by the Department of Transportation and/or the town.
POSITIVE ALCOHOL TEST. Test in which the blood alcohol concentration (BAC) registers 0.02% or greater by weight.
POSITIVE DRUG TEST. Test that detects the presence of one or more illegal drugs or classes of illegal drugs at levels exceeding the cutoff levels established by the Department of Transportation and/or the town.
POSSESSING. Having something on the person or in a place under substantially exclusive control.
RANDOM SELECTION. Scientifically valid method requiring that all employees in the random selection pool have an equal chance of being drawn in every selection.
REASONABLE SUSPICION. Circumstances sufficient to cause a reasonable person to suspect that another person has violated the drug and/or alcohol prohibitions in this subchapter or the town’s drug and alcohol policy.
REFUSING TO BE TESTED. Includes any of the following:
(1) Failing to appear for any test within a reasonable time after being directed to do so;
(2) Failing to remain at the testing site until the testing process is complete;
(3) Failing to attempt to provide a urine specimen for any required drug test or a breath specimen for any required alcohol test;
(4) Failing to provide a sufficient and valid urine specimen for a drug test or a sufficient breath specimen for an alcohol test without an adequate medical explanation;
(5) In the case of a directly observed collection in a drug test, failing to permit the observation of the provision of a specimen;
(6) Failing or declining to take a second test as directed;
(7) Failing to undergo a medical examination or evaluation as required by this subchapter;
(8) Failing to sign required testing documentation; or
(9) Failing to cooperate with any part of the testing process, or engaging in intentional conduct that obstructs the testing process.
SAFETY-SENSITIVE FUNCTION. Any of the following that a driver performs or is required to perform while on the job:
(1) Driving;
(2) Time spent waiting to be dispatched or to perform other activities described in this section;
(3) Inspecting, servicing or conditioning equipment;
(4) Being in or on a commercial motor vehicle;
(5) Loading or unloading, including supervising or assisting in loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or giving or receiving receipts for the shipment being loaded or unloaded;
(6) Securing the vehicle and taking all of the precautionary measures required by DOT regulations following an accident; or
(7) Repairing, obtaining assistance or attending a disabled vehicle.
SAFETY IMPACT POSITION. Position, other than driver, in which a town employee may have a discernable effect on public safety or on the safety of co-workers.
SUBSTANCE ABUSE PROFESSIONAL (SAP). Licensed physician or licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.
WORKING HOURS. All time for which the employee is being paid by the town and all time when the employee is clocked out during a shift for meals or for any other reason.
(Ord. 082216, passed 8-22-2016)