For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL. The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol, including methyl and isopropyl alcohol.
ALCOHOL CONCENTRATION ( 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 or determined by administration of a Portable Breath Test (PBT).
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. pt. 172, subpt. 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. 1308), i.e., marijuana (THC metabolite), cocaine, amphetamines; opiates (including heroin); phencyclidine (PCP).
DETECTABLE AMOUNT. For the purposes of this policy, 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 by an employee in accordance with procedures contained herein for chemical analysis to detect drug and/or alcohol use.
EMPLOYEE. An individual employed by the county.
MEDICAL REVIEW OFFICER (MRO). A licensed M.D. or D.O. (Doctor of Osteopathy) with knowledge of drug abuse disorders that is employed or used to conduct drug tests in accordance with this policy.
OWNER-OPERATOR. A driver(s) who has contracted for services with the county. For the purposes of these procedures 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 of Woodford County 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(s) that requires a CDL license or any employee who holds a CDL license, or any employee who operates a motor vehicle owned by Woodford County, a personal vehicle or machinery for employment purposes during his or her hours of employment or any employee who is involved in the protection of property and/or life.
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 tests 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. Two or more supervisory personnel who will attest to their observations will determine reasonable suspicion. The County Judge/Executive and/or the personnel officer and the Department Head will make the final determination.
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 or she 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.
POSITIVE DRUG SCREEN. Positive identification of alcohol, a drug or a metabolite, which has been confirmed by sophisticated scientific laboratory tests.
SUBSTANCE ABUSE PROFESSIONAL. 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 individual’s blood alcohol content exceeds 0.04 unless an employee is under the age of 21, for which the standard shall be 0.02. An individual is considered to be UNDER THE INFLUENCE of a controlled substance when a detectable amount of the substance is found in the individual’s body that may impair the individual’s ability to safely and efficiently perform assigned work.
(Order 10, passed 5-27-1998; Am. Order 9, passed 1-12-2000)