For the purpose of this policy, the words and terms defined in this section shall have the meaning therein given, unless the context otherwise clearly requires.
AIR BLANK. A reading by an EBT of ambient air containing no alcohol. (In EBT's using gas chromatography technology, a reading of the device's internal standard.)
BREATH ALCOHOL TECHNICIAN (BAT). An individual who instructs and assists individuals in the alcohol testing process and operates an Evidential Breath Testing device (EBT).
CANCELED OR INVALID TEST. In drug testing, a drug test that has been declared invalid by a Medical Review Officer. A canceled test is neither a positive nor a negative test. For purposes of this part, a sample that has been rejected for testing by a laboratory is treated the same as a canceled test. In alcohol testing, a test that is deemed to be invalid under 49 CFR Part 40.79, is neither a positive nor a negative test.
COLLECTION SITE PERSON. A person who instructs and assists individuals at a collection site and who receives and makes a screen examination of the urine specimen provided by individuals.
COMMERCIAL DRIVERS LICENSE (CDL). A license issued by a state or other jurisdiction, in accordance with the standards contained in 49 CFR Part 383, to an individual which authorizes the individual to operate a class of commercial motor vehicle.
COMMERCIAL MOTOR VEHICLE (CMV). 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 11,794 or more kilograms (26,001 or more pounds) inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or
(2) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 or more pounds); or
(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.
CONFIRMATION (OR CONFIRMATORY) TEST. In drug testing, a second analytical procedure to identify the presence of a specific drug or metabolite that is independent of the screening test and that uses a different technique and chemical principle from that of the screening test in order to ensure reliability and accuracy. (Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method of cocaine, marijuana, opiates, amphetamines, and phencyclidine.) In alcohol testing, a second test, following a screening test with a result of 0.02 or greater, that provides a quantitative data of alcohol concentration.
CONSORTIUM. The Consortium is the Mid-West Truckers Association Drug and Alcohol Testing Consortium.
DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS). The Department or any designee of the Secretary of the U.S. Department of Health and Human Services.
DRIVER. Any person who operates any 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.
EMPLOYER. Any person (including the United States, a state, District of Columbia, tribal government or a political subdivision of a state) who owns or leases a commercial motor vehicle or assigns persons to operate such a vehicle. The term EMPLOYER includes an employer's agents, officers, and representatives.
EVIDENTIAL BREATH TESTING DEVICE (EBT). An EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming Products List of Evidential Breath Measurement Devices" (CPL), and identified on the CPL as conforming with model specifications available from the National Highway Traffic Safety Administration, Office of Alcohol and State Programs.
FEDERAL HIGHWAY ADMINISTRATION (FHWA). Federal agency responsible for the administration of federal regulations for commercial motor vehicle drivers.
MEDICAL REVIEW OFFICER (MRO). A licensed 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 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.
SAFETY SENSITIVE FUNCTION. All time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety sensitive functions shall include:
(1) All time at the government entity or shipper plant, terminal, facility or other property, or any public property, waiting to be dispatched, unless the driver has been relieved from duty by the government entity;
(2) All time inspecting equipment as required by 49 CFR Parts 392.7 and 392.8 or otherwise inspecting, servicing or conditioning any commercial motor vehicle at any time;
(3) All time spent at the driving controls of a commercial motor vehicle in operation;
(4) All time, other than driving time, in or upon any commercial motor vehicle except time resting in a sleeper berth (a berth conforming to requirements of 49 CFR Part 393.76);
(5) All time loading and 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; and
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
SCREENING TEST (OR INITIAL TEST). In drug testing, an immunoassay screen to eliminate "negative" urine specimens from further analysis. In alcohol testing, an analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath specimen.
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA). Federal agency under the Department of Health and Human Services (DHHS) responsible for the certification of laboratories used as part of the drug testing program.
SUBSTANCE ABUSE PROFESSIONAL (SAP). A licensed physician (Medical Doctor or Doctor of Osteopathy); or a licensed or certified psychologist, licensed or certified social worker, or a licensed or certified employee assistance professional; or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium/Alcohol & Other Drug Abuse). All must have knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.
(Ord. 858, passed 12-20-95; Am. Ord. 936, passed 5-20-98)