ALCOHOL. Refers to the intoxicating agent in beverage alcohol, ethyl alcohol or other alcohols including methyl and isopropyl alcohol.
ALCOHOL CONCENTRATION. The alcohol in a volume of breath in tens of grams of alcohol in 210 liters of breath as indicated by an evidential breath test as described in this policy.
ALCOHOL USE. Refers to the consumption of any beverage, mixture or preparation, including medication, which contains alcohol.
BREATH ALCOHOL TECHNICIAN or BAT. An individual who instructs and assists persons in the alcohol testing process and operate an EBT (Evidential Breath Testing device).
COLLECTION SITE PERSON. A person who instructs and assists individuals at a collection site and who receives and renders an initial examination of urine specimens.
COMMERCIAL MOTOR VEHICLE. A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property of the motor vehicle:
(1) Has a gross combination of 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; or
(2) Has a gross vehicle weight rating of 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 (49 CFR part 172, subpart F).
CONFIRMATION TEST.
(1) For alcohol, means a second test, following a screening test with a result of 0.02 or greater, that provides quantitative results of alcohol consumption.
(2) For controlled substances, this means a second analytical procedure to verify the presence of a specific drug. NOTE: the GC/MS (Gas Chromatography/mass spectrometry is the only authorized method for the drugs covered in this policy and defined under the heading, "controlled substances" below.
CONTROLLED SUBSTANCES. Marijuana, Cocaine, Opiates, Amphetamines and Phencyclidine (PCP).
DRIVERS SUBJECT TO TESTING. All employee drivers and contract drivers under contract for 90 days or more in any 365 day period, and employees of said contractor.
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 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. Includes controlled substances as defined above, as well as any other illegal substance or drug.
EMPLOYER. Refers to any person (including the United States, a state, the District of Columbia or a political subdivision of a state) who owns or leases a commercial motor vehicle or assigns persons to operate such a vehicle, including agents, officers, and representatives (including authorized third party service providers) of the village.
MEDICAL REVIEW OFFICER. A licensed doctor of medicine or osteopathy with knowledge of drug abuse disorders who is employed or used by the village to conduct testing in accordance with federal law; responsible for receiving laboratory results generated by the village's drug testing program who has been medically trained to interpret and evaluate any individual's positive test result, together with his or her medical history and any other relevant biomedical information.
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 function as listed below in the definition SAFETY SENSITIVE FUNCTION.
REASONABLE SUSPICION. The belief that the driver has violated the alcohol or controlled substances prohibitions, based on specific, contemporaneous, articuable observations concerning the appearance, behavior, speech or body odors of the driver.
REFUSAL TO SUBMIT (TO AN ALCOHOL OR CONTROLLED SUBSTANCE TEST). A driver:
(1) Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing.
(2) Fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing.
(3) Engages in conduct that clearly obstructs the testing process.
SAFETY SENSITIVE FUNCTION. Any of the "on-duty" functions described in section 395.2 of the regulations and described below:
(1) All time at any facility owned or otherwise, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier.
(2) All time inspecting equipment as required by the regulations.
(3) All driving time as defined by the regulations.
(4) All time, other than driving, in any commercial motor vehicle except time spent resting in a sleeper berth.
(5) All time loading or unloading a vehicle, supervising, or assisting in this process.
(6) All time spent performing the requirements specified in sections 392.40 and 392.41 relating to accidents.
(7) All time repairing, obtaining assistance or remaining in attendance of a disabled vehicle.
(8) All time spent providing a breath or urine specimen, including travel time to and from the collection site, on order to comply with the random, reasonable suspicion, post-accident or follow-up testing required by this policy when directed by the motor carrier.
(9) Performing any other work in the capacity of, or in the employ or service of, a common, contract or private carrier.
(10) Performing any compensated work for any non-motor carrier entity.
SUBSTANCE ABUSE PROFESSIONAL or SAP. A licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.
(Ord. 1995-11-34, passed - -95)