For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULTERATED SPECIMEN. A specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be present but is at a concentration so high that it is not consistent with human urine.
ALCOHOL. Intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol including methyl and isopropyl alcohol.
ALCOHOL CONCENTRATION (OR CONTENT). Alcohol in a volume of breath (shown as grams of alcohol/210 liters ofbreath) as indicated by an evidential breath test.
ALCOHOL USE. Consumption of any beverage, mixture, or preparation, including medications, containing alcohol.
BREATH ALCOHOL TECHNICIAN (BAT). An individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath measurement (EBT) device.
CONFIRMATION TEST. In alcohol testing: a second test, following a screening test with a result of or greater that provides quantitative data of alcohol concentration. In controlled substances testing: a second test to identify the presence ofa specific drug or metabolite. In order to ensure reliability and accuracy, this test is separate from and uses a different technique and chemical principle from that of the screening test.
CONFIRMATION VALIDITY TEST. A second test performed on a urine specimen to further support a validity test result.
CONTROLLED SUBSTANCES. In this subchapter, the terms DRUGS and CONTROLLED SUBSTANCES are interchangeable and have the same meaning. Unless otherwise provided, these terms refer to: marijuana, cocaine, opiates, phencyclidine (PCP), amphetamines, including methamphetamines.
DESIGNATED EMPLOYER REPRESENTATIVE (DER). An employee authorized by the employer to take immediate action(s) to remove employees from safety-sensitive duties and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer.
DILUTE SPECIMEN. A specimen with creatinine and specific gravity values that are lower than expectedfor human urine.
EBT or EVIDENTIAL BREATH TESTING DEVICE. An EBT approved by the National Highway Traffic Safety Association (NHTSA) for the evidential testing of breath and placed on NHTSA’s Conforming Products List of Evidential Breath Measurement Devices (CPL).
EMPLOYEE. Any person who operates a commercial vehicle (CMV), including: full time, regularly employed employees; casual, intermittent, or occasional employees; leased employees; independent, owner-operated 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.
EVIDENTIAL BREATH TESTING (EBT) DEVICE. A device usedfor alcohol breath testing that has been approved by the National Highway Traffic Safety Administration.
INITIAL DRUG TEST. The test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites.
INITIAL VALIDITY TEST. The first test used to determine if a specimen is adulterated, diluted, or substituted.
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. The MRO must have knowledge of substance abuse disorders and appropriate medical training to interpret and evaluate an individual’s confirmed positive test, medical history, and other relevant biomedical information.
PERFORMING (A SAFETY-SENSITIVE FUNCTION). An employee is considered to be PERFORMING A SAFETY-SENSITIVE FUNCTION when he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive function.
PRIMARY SPECIMEN. The urine specimen bottle that is opened and tested first by the laboratory to determine whether the employee has a drug or drug metabolite in his or her system, and for the purpose ofvalidity testing. The PRIMARY SPECIMEN is distinguishedfrom the split specimen, defined in this section.
SCREENING TEST (INITIAL TEST). In alcohol testing: a procedure to determine if an employee has a prohibited concentration of alcohol in his or her system. In controlled substance testing: a screen to eliminate “negative” urine specimens from further consideration.
SPLIT SPECIMEN. A part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result.
SUBSTANCE ABUSE PROFESSIONAL (SAP). A licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or certified addiction counselor with knowledge of any and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.
SUBSTITUTED SPECIMEN. A specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine.