For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCIDENT. An incident which results in the death of a human being or bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the ACCIDENT. Additionally, any incident which results in a vehicle being towed from the site also constitutes an ACCIDENT. All incidents meeting these standards shall be considered cause for post accident drug/alcohol testing of the employee.
ALCOHOL. The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol 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.
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 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 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 C.F.R. part 172, subpart F).
CONTROLLED SUBSTANCE. The meaning as 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 C.F.R. part 1308), i.e., marijuana (THC metabolite), cocaine, amphetamines, opiates (including heroin), phencyclide (PCP).
DETECTABLE AMOUNT. The cutoff level defined by federal or state regulation.
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 any employer or who operate a commercial motor vehicle at the direction of or with the consent of an employer.
DRUG AND ALCOHOL TEST. The compulsory production and submission of urine, breath or blood sample by an employee in accordance with procedures contained herein for chemical analysis to detect drug and/or alcohol use.
EMPLOY. An individual employed by the county.
MEDICAL REVIEW OFFICER or MRO. A licensed M.D. or D.O. (Doctor of Osteopathy) with knowledge of drug abuse disorders who is employed or use to conduct drug tests in accordance with this subchapter.
ON-DUTY TIME. All time from the time the employee begins work or is required to be in readiness to work until the time he is relieved from work and all responsibility for performing work. ON-DUTY TIME shall include:
(1) All time waiting to work or working unless relieved from duty by the employer; and
(2) All safety sensitive functions, as defined in 49 C.F.R. § 395.2.
OWNER-OPERATOR. A driver(s) who has contracted for services with the county. For the purposes of this subchapter and the county’s alcohol and drug abuse policy, OWNER-OPERATORS are not to be considered county employees, but will be required to participate in the county’s alcohol and drug abuse policy like all county employee drivers.
PERFORMING A SAFETY SENSITIVE FUNCTION. An employee 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. This includes any employee who performs a duty that requires a CDL license, any employee who holds a CDL license or other classifications identified within the random selection section of this policy.
POSITIVE DRUG SCREEN. Positive identification of alcohol, a drug or a metabolite which has been confirmed by sophisticated scientific laboratory tests.
RANDOM SELECTION PROCESS. Alcohol and drug tests are unannounced. Tests conducted annually for employees who are CDL drivers shall equal or exceed 25% for alcohol tests and 50% for drug test of the total number of drivers subject to testing.
REASONABLE CAUSE. The employer believes the actions, appearance or conduct of an employee who is on duty are indicative of substance abuse. Justification for such a conclusion may be actions, appearance or conduct consistent with those conditions identified herein or other identifiable actions, appearance of conduct that raise the suspicion of appropriately trained persons. Reasonable suspicion will be determined by two or more supervisory personnel who will attest to their observations. The Judge/Executive will make the final determination.
SUBSTANCE ABUSE PROFESSIONAL or SAP. This is a doctor who specializes in counseling or helping a person deal with his or her substance abuse problems.
UNDER THE INFLUENCE. An individual is considered to be under the influence of intoxicants when the individuals blood alcohol content exceeds 0.02%. An individual is considered to be UNDER THE INFLUENCE of a controlled substance when any detectable amount of the substance is identified through employee testing.
(2001 Code, § 31.082) (Ord. passed 1-14-2000)