For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCIDENT.
(1) A fatality; or
(2) A citation issued by a law enforcement officer to the commercial driver and one or more of the following situations:
(a) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
(b) One or more of the vehicles incurs disabling damage as a result of the accident that renders the vehicle unable to be driven in daylight hours, or requires the vehicle to be transported away from the scene by a tow truck or other vehicle.
ALCOHOL. The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl and isopropyl alcohol.
ALCOHOL CONCENTRATION. 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.
CONFIRMATION ALCOHOL TEST. A second test which follows a screening test with a result of 0.02% or greater, and which provides a quantitative result of alcohol concentration.
CONFIRMATION DRUG TEST. A second and different analytical procedure to identify the presence of a specific drug or metabolite in a positive screening test. The Gas Chromatography/Mass Spectrometry is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines and pliencyclidine.
CONTROLLED SUBSTANCE. The category of drugs as listed in 49 C.F.R. § 40.137, including:
(1) Marijuana;
(2) Cocaine;
(3) Opiates;
(4) Pliencyclidine (PCP); and
(5) Amphetamines.
COVERED EMPLOYEE. Any employee that is subject to the alcohol and drug testing requirements of 49 C.F.R. part 382 or this policy.
COVERED POSITION. One that is subject to the alcohol and drug testing requirements of 49 C.F.R. part 382 or this policy.
DESIGNATED EMPLOYER REPRESENTATIVE (DER). The person(s) designated by the employer to receive confidential test results.
DILUTE SPECIMEN. A urine sample with a low specific gravity and a low creatinine level.
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. For the purpose of pre-employment/pre-duty testing only, the term includes a person applying to an employer to drive a commercial motor vehicle.
INVALID TEST. A urine sample with which the laboratory has been unable to obtain a valid test result.
MEDICAL REVIEW OFFICER (MRO). A licenses physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer’s drug testing program who has knowledge of substance abuse disorders, possesses a certificate of completion or certification from an approved MRO program and has appropriate medical training to interpret and evaluate an individual’s confirmed positive test result together with his or her medical history and any other relevant biomedical information.
ON-DUTY TIME. All time spent performing the duties of the job description.
PERFORMING A SAFETY-SENSITIVE FUNCTION. A driver is considered lo 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 a safety-sensitive function.
PROHIBITED CONDUCT.
(1) No employee shall report to work or engage in work while having alcohol, illegal drugs or any other disabling or controlled substance in their system;
(2) Reporting to work or engaging in work with a breath alcohol level of 0.02% BrAC or greater;
(3) The possession, sale storage, transporting (without manifest) or use of alcohol while on-duty and/or on the city’s property;
(4) No employee shall perform safety sensitive duties within four hours after using alcohol;
(5) No employee involved in an accident and required to take a post-accident alcohol test shall use alcohol for eight hours following the accident, or until the employee undergoes a post-accident alcohol test, whichever comes first;
(6) Refusing to submit to any testing required under this policy or required by 49 C.F.R. part 382; and
(7) No employee shall report for duty or remain on duty requiring the performance of safety sensitive functions when the employee uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a commercial motor vehicle.
REFUSAL TO TEST. Refusal to provide an acceptable alcohol or controlled substance test:
(1) Failing to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirements for breath testing in accordance with the requirements of 49 C.F.R. part 382 or this policy;
(2) Failing to provide adequate urine for controlled substance testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the requirements of 49 C.F.R. part 382 or this policy; and
(3) Failure to cooperate with the process in a manner that obstructs the collection of the specimen.
SAFETY-SENSITIVE FUNCTION. Any of those duties set forth in 49 C.F.R. part 382. (See also ON-DUTY TIME.)
SCREENING ALCOHOL TEST. An analytical procedure whether an employee may have a prohibited concentration of alcohol in a breath specimen.
SCREENING DRUG TEST. An immunoassay screen to eliminate “negative” urine specimens from further analysis.
SUBSTANCE ABUSE PROFESSIONAL (SAP). A licenses physician (medical doctor or doctor of osteopathy), or a licenses or certified psychologist, social worker, employee assistance professional or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) who possesses a certificate of completion or certification from an approved SAP program with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.
VALIDITY TESTING. Laboratory testing of the urine sample for the presence of substances not normally found in human urine or naturally occurring substances at levels not consistent with human urine. VALIDITY TESTING shall be conducted in accordance with the mot recently published DOT guidelines.
WAITING TO BE DISPATCHED. All other time not specified as on-duty time.
(Res. 2003-01, passed 1-7-2003)