ACCIDENTS: an unintended happening or mishap where there is the loss of human life (regardless of fault), bodily injury or property damage.
ALCOHOL: the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol including methyl or isopropyl alcohol.
ALCOHOL CONCENTRATION: the alcohol in a volume of breath expressed in terms of grains of alcohol per 210 liters of breath as indicated by an evidential breath test under this regulation. For example, 0.02 means 0.02 grams of alcohol in 210 liters of expired deep lung air.
ALCOHOL USE: consumption of any beverage, mixture, or preparation including any medication containing ethyl alcohol. Since ingestion of a given amount of alcohol produces the same alcohol concentration in an individual whether the alcohol comes from a mixed drink or cough syrup, the Department of Transportation prohibits the use of any substance containing alcohol, such as prescriptions or over-the-counter medication or liquor-filled chocolates. Prescription medications containing alcohol may have a greater impairing effect due to the presence of other elements (e.g. antihistamines).
BREATH ALCOHOL TECHNICIAN (BAT): a person trained to proficiently in the operation of the Evidential Breath Testing (EBT) device that the technician is using in the alcohol testing procedures. BAT’s are the only qualified personnel to administer the EBT tests.
CHAIN OF CUSTODY: the procedure to account for the integrity of each urine specimen by tracking its handling and storage from point of collection to final disposition.
COLLECTION SITE: a place designated by the District where individuals present themselves for the purpose of providing a specimen of either urine and/or breath.
COMMERICAL MOTOR VEHICLE: a motor vehicle or combination of motor vehicles used in the commerce to transport passengers or property if the motor vehicle:
- Has a gross combination weight rating 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
- Has a gross vehicle weight rating of 26,001 or more pounds; or
- Is designed to transport 16 or more passengers, including driver; or
- 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 TEST: for alcohol testing means a second test, following a screening test with a result of 0.02 or greater that provides quantitative data of alcohol concentration. For controlled substance testing this means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test in order to ensure reliability and accuracy. (Gas chromatography/mass spectrometry (CG/MS) is the only authorized confirmation method of cocaine marijuana, opiates, amphetamines, and phencyclidine).
CONTROLLED SUBSTANCE (DRUG): includes marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP).
CONTROLLED SUBSTANCE (DRUG) TEST: a method of detecting and measuring the presence of alcohol and other controlled substances, whether legal or illegal, in a person’s body. A controlled substance test may be either an initial test or a confirmation test. An initial controlled substance test is designed to identify specimens having a concentration of a particular class of drug above a specified concentration level. It eliminated negative specimens from further consideration.
Controlled substances will be tested under the Department of Health and Human Services guidelines. This Primary (initial or screening) controlled substance test thresholds for a verified positive result are those that are equal to or greater than
- Marijuana Metabolites 50 ng/ml
- Cocaine Metabolites 300 ng/ml
- Phencyclidine (PCP) 25 ng/ml
- Opiates Metabolites 300 ng/ml
- Amphetamines 1000 ng/ml
A confirmation drug testing is a second analytical procedure to detect the presence of a specific drug or its metabolite. This confirmation procedure is conducted independently of the initial test and uses a different technique and chemical principle in order to confirm reliability and accuracy. The confirmatory controlled substance test thresholds for a verified positive test result are those that are equal to or greater than:
- Marijuana Metabolites (THQ (1) 15 ng/ml
- Cocaine Metabolites (2) 150 ng/ml
- Phencyclidine (PCP) 25 ng/ml
- Opiates MetabolitesMorphine 300ng/mlCodeine 300ng/ml
- Amphetamines Amphetamine 500ng/ml
- Methamphetamine (3) 500ng/ml
- Delta-9-tetrahydrocannabinol-9carboxylic acid
- The specimen must also contain amphetamine at a concentration greater than or equal to 200-ng/ml
COVERED EMPLOYEE: all full-time, part-time employees, all applicants for positions within the District, all volunteers, and all contractors, who operate al commercial motor vehicle, as defined in this document, and who performs a safety-sensitive function for the District.
DEPARTMENT OF TRANSPORTATION GUIDELINES: the controlled substance and alcohol testing rule (49 CFR Part 199 (RSPA-Pipeline), Part 219 (FRA-Railroad), Part 382 (FHWA-Commercial Motor Vehicle) 654 (FTA-Mass Transit) and 14 CFR 61 (FAA-Aviation) et seq.) setting forth the procedures for controlled substance and alcohol testing (49 CFR Part 40) in all the transportation industries.
DISTRICT: Cambria Community Services District
DRIVER: any person who operates a commercial motor vehicle. This includes 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 operated a commercial motor 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 (CONTROLLED SUBSTANCE) METABOLITE: the specific substance produced when the human body metabolizes (changes) a given drug (controlled substance) as it passes through the body and is excreted in the urine.
EVIDENTIAL BREATH TESTING DEVICE (EBT): the device to be used for breath alcohol testing.
MEDICAL REVIEW OFFICER (MRO): a licensed physician responsible for analyzing laboratory results generated by an employer’s controlled substance (drug) testing program. The MRO is knowledgeable about substance abuse disorders and has the appropriate medical training to interpret and evaluate positive test results.
PERFORMING A SAFETY SENSITIVE FUNCTION: a safety-sensitive employee is considered to be performing a safety function and includes any period in which the safety-sensitive employee is actually performing, ready to perform, or immediately available to perform such functions.
POST ACCIDENT ALCOHOL AND/OR CONTROLLED SUBSTANCE TESTING: conducted after accidents on employees whose performance could have contributed to the accident, for drivers this is determined by a citation for a moving traffic violation and for all fatal accidents even if the driver is not cited for a moving traffic violation. (see accidents above)
PRE-EMPLOYMENT CONTROLLED SUBSTANCE TESTING: conduct before applicants are hired or after an offer to hire, but before actually performing safety-sensitive functions for the first time. Also required when employees transfer to safety-sensitive functions.
RANDOM ALCOHOL AND/OR CONTROLLED SUBSTANCE TESTING: conducted on a random unannounced basis just before, during or just after performance of safety-sensitive functions
REASONABLE SUSPICION OF ALCOHOL AND/OR CONTROLLED SUBSTANCE: conducted when a trained supervisor observes behavior or appearance that is characteristic of alcohol misuse or controlled substance abuse.
REFUSE TO SUBMIT (TO AN ALCOHOL AND OR CONTROLLED SUBSTANCE TEST): a safety-sensitive employee fails to provide an adequate breath or urine sample for testing without a valid medical explanation after that safety-sensitive employee receive notice of the requirement to be tested, or engages in conduct that clearly obstructs the testing process (i.e., verbal declarations, obstructive behavior or physical absence resulting in the inability to conduct the test.
REHABILITATION: the process of restoring an employee to satisfactory work performance through constructive confrontation, referral to the SAP and participation in SAP recommendation such as education, treatment and/or support groups to resolve personal, physical or emotional/mental problems which contribute to job performance problems.
RETURN-TO-DUTY AND FOLLOW-UP ALCOHOL AND/OR CONTROLLED SUBSTANCE TESTING: conducted when an individual who has violated the alcohol or controlled substance conduct statement returns to performing safety-sensitive duties. Follow-up tests are unannounced and at least 6 tests must be conducted in the first 12 months after an employee returns to duty. Follow-up testing may be extended for up to 60 months following return to duty up the SAP recommendation.
RETURN-TO-DUTY AGREEMENT: a document agreed to and signed by the employer, safety-sensitive employee and the Substance Abuse Professional that outlines the terms and conditions under which the safety-sensitive employee and the Substance Abuse Professional that outlines the terms and conditions under which the safety-sensitive employee may return to duty after having had a verified positive controlled substance test result or an alcohol concentration of 0.04 or greater on an alcohol test.
SAFETY SENSITIVE FUNCTION: the period 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:
- All time at a District or shipper plant, terminal, facility, or other property or on any public property waiting to be dispatched, unless the driver has been relieved from duty by the District;
- All time inspecting, servicing or conditioning a commercial motor vehicle;
- All time spent at the driving controls of a commercial motor vehicle in operation;
- All time, other than driving time, in or upon a commercial motor vehicle, except time. spent resting in a sleeper birth;
- All time loading or 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
- All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
SCREENING (INITIAL) TEST: In alcohol testing, it means analytical procedure to determine whether a safety-sensitive employee may have a prohibited concentration of alcohol in their system. In controlled substance testing. It means an immunoassay screen to eliminate negative urine specimens from further consideration.
SUBSTANCE ABUSE PROFESSIONAL (SAP): a licensed physician (Medical Doctor or Doctor of Osteopathy), a licensed or certified psychologist, social worker (with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol-related disorders- the license alone does not authorize this), Certified Employee Assistance Professional (CEAP), or addiction counselor certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission (NAADAC) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.
SUPERVISOR: a person in authority who has had at least one hour of training on the signs and symptoms of alcohol abuse and an additional hour of training on the signs and symptoms of controlled substance abuse
VEHICLE: a bus, electric bus, van, automobile, rail car, trolley car, trolley bus, or vessel used for mass transportation.