When interpreting or implementing this subchapter, or the procedures required by the Federal Highway Administration ("FHWA") controlled substance testing regulations, the following definitions apply:
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.
COLLECTION SITE. A place where individuals present themselves for the purpose of providing breath, body fluid, or tissue samples to be analyzed for specified controlled substances. The site must possess all necessary personnel, materials, equipment, facilities and supervision to provide for the collection, security, temporary storage and transportation or shipment of the samples to a laboratory.
COMMERCIAL MOTOR VEHICLE. 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;
(2) Has a gross vehicle weight rating of 26,001 or more pounds;
(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).
CONTROLLED SUBSTANCE. Has the meaning assigned by 21 U.S.C. 802 and includes all substances listed on Schedules I through V as they may be revised from time to time (21 CFR 1308).
DRIVER. Any person who operates a commercial motor vehicle. This includes, but is not limited to: full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to an employer or who operate a commercial motor vehicle at the direction of or with the consent of an employer. For the purposes of pre-employment/pre-duty testing only, the term DRIVER includes a person applying to an employer to drive a commercial motor vehicle.
DRUG. Any substance (other than alcohol) that is a controlled substance as defined in this section and 49 CFR Part 40.
FHWA. The Federal Highway Administration, U.S. Department of Transportation.
OWNER-OPERATOR(S). A driver(s) who has been contracted for services with the County Road Department. For the purposes of these procedures and the county's alcohol and drug abuse policy, owner-operators are not to be considered employees, but will be required to participate in the alcohol and drug abuse policy like all County Road Department employee drivers.
MEDICAL REVIEW OFFICER (M.O.). A licensed M.D. or D.O. with knowledge of drug abuse disorders that is employed or used by a motor carrier to conduct drug testing in accordance with this subchapter.
ON DUTY TIME. All time from the time a driver begins to work or is required to be in readiness to work until the time he or she is relieved from work and all responsibility for performing work. ON DUTY TIME shall include:
(1) All time at a carrier or shipper plant, terminal, or facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time;
(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (the county does not have sleeper berths);
(5) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded.
(6) All time spent performing the driver requirements relating to accidents;
(7) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
PERFORMING (A SAFETY-SENSITIVE FUNCTION). A driver is considered to be performing a safety sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions.
RANDOM SELECTION PROCESS. Alcohol and drug tests that are unannounced; every driver of a motor carrier subject to test-tests conducted annually shall equal or exceed 10% for alcohol tests and 50% for drug test of the total number of drivers subject to testing of a motor carrier.
REASONABLE CAUSE. That the motor vehicle carrier believes the actions or appearance or conduct of a commercial motor vehicle driver who is on duty as defined below, are indicative of the use of a controlled substance.
SAFETY-SENSITIVE FUNCTION. Any of those on-duty functions set forth in 49 CFR Section 395.2.
(Ord. passed 11-18-1997; Am. Ord. 12-18-2001)