For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCIDENT. An unexpected and undesirable event resulting in damage or harm. For the purposes of this policy, the resulting damage or harm may constitute an injury which requires off-site medical attention be given to a person or damage to a vehicle or other property. Any such incident resulting in the need for a reasonable person to file a police report shall be considered cause for post-accident drug/alcohol testing of the involved employee.
ALCOHOL. Any intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl or isopropyl alcohol. This includes over-the-counter and prescribed medications which contain more than 0.5% of alcohol by volume.
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.
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 unite with a gross vehicle weight rating of more than 10,000 pounds;
(2) Has a gross vehicle weight of 26,001 pounds or more;
(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(f)).
CONTROLLED SUBSTANCE. Has the meaning as assigned by 21 U.S.C. § 802 and includes all substances listed on Schedule I through V as they may be revised from time to time (21 C.F.R. part 1308). See also DRUG.
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. A controlled substance as defined in KRS 218A.010(5) and as established in 902 KAR Ch. 55, including:
(1) Amphetamines;
(2) Cannabinoids (THS);
(3) Cocaine;
(4) Opiates;
(5) Phencyclidine (PCP);
(6) Benzodiazepines;
(7) Propoxyphene;
(8) Methaqualone;
(9) Methadone;
(10) Barbiturates;
(11) Synthetic narcotics;
(12) Illicit substances, as defined in KRS 351.010; and
(13) Volatile substances, as defined in KRS 217.900(1).
DRUG OR ALCOHOL REHABILITATION PROGRAM. A service provider that provides confidential, timely and expert identification, assessment, treatment and resolution of employee drug or alcohol abuse.
DRUG TEST. A chemical, biological or physical instrumental analysis administered by a qualified laboratory, for the purpose of determining the presence or absence of a drug or its metabolites or alcohol pursuant to standards, procedures and protocols established by the U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA).
EMPLOYEE. An individual employed by the county.
ILLICIT SUBSTANCE. Those prescription drugs used illegally or in excess of therapeutic levels as well as illegal drugs.
MEDICAL REVIEW OFFICER (MRO). A licensed physician with knowledge of substance abuse disorders, laboratory testing and chain of custody collection procedures, and who has the ability to verify positive, confirmed test results. The MRO shall possess the necessary medical training to interpret and evaluate a positive test result in relation to the person’s medical history or any other relevant biomedical information.
QUALIFIED LABORATORY. A laboratory certified in accordance with the National Laboratory Certification Program (NLCP) by the U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA).
RANDOM SELECTION PROCESS. That 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 tests of the total number of drivers subject to testing.
REASONABLE SUSPICION.
(1) A belief that an employee is using or has used drugs or alcohol in violation of this policy, drawn from specific, objective and articulable facts and reasonable inferences drawn from those facts in light of experience, training or education.
(2) REASONABLE SUSPICION may be determined by two or more supervisory personnel who will attest to their observations. The executive authority will make the final determination.
REFUSAL TO SUBMIT. The failure to provide adequate breath for testing without a valid medical explanation after the employee has received notice of the requirement for breath testing; refusal to take the required test(s) or the failure to provide adequate urine for controlled substances testing without a valid medical explanation after the employee receives notice of the requirement of urine testing; and/or engaging in conduct that clearly obstructs the testing process.
SAFETY SENSITIVE POSITION(S). Those jobs that would involve exceptional care and due diligence in the area of public safety to the county’s citizenry and to all employees of the County Fiscal Court. This includes any employee who performs a duty(s) that requires a CDL or any employee that holds a CDL or other classifications identified within the random selection section of this policy.
SUBSTANCE ABUSE PROFESSIONAL. A licensed or certified psychologist, social worker, employee assistance professional or addition counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.
VOLATILE SUBSTANCE. Any glue, cement, paint or other substance, as described in KRS 217.900(1).
(Ord. 21.230-1, passed 7-8-2021)