4.130.050 Definitions.
For purposes of this chapter, the following definitions apply:
A. “Alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
B. “Alcohol use” means the drinking or swallowing of any beverage, liquid mixture, or preparation, including any medication, containing alcohol.
C. “Alcohol concentration” (or content) is the alcohol in a volume of breath or blood.
D. “Commerce” means:
1. Any trade, traffic or transportation within the jurisdiction of the United States between a place in a state and a place outside of such state, including a place outside of the United States; and
2. Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in subsection (D)(1) of this section.
E. “Commercial motor vehicle” or “CMV” means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:
1. Has a gross combination 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 (49 USC 5103(b)) and which require the motor vehicle to be placarded under hazardous materials regulations (49 CFR part 172, subpart F).
F. “Confirmation (or confirmatory) drug test” means a second analytical procedure performed on a urine specimen to identify and quantify the presence of a specific drug or metabolite.
G. “Confirmation (or confirmatory) validity test” means a second test performed on a urine specimen to further support a validity test result.
H. “Confirmed drug test” means a confirmation test result received by a medical review officer (MRO) from a laboratory.
I. “Consortium/third party administrator (C/TPA)” means a service agent that provides or coordinates one or more drug and/or alcohol testing services to the city. C/TPAs typically provide or coordinate the provision of a number of such services and perform administrative tasks concerning the operation of the employers’ drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join together to administer, as a single entity, the city’s drug and alcohol testing programs of its members (e.g., having a combined random testing pool). C/TPAs are not “employers” for purposes of this chapter.
J. “Controlled substance” includes, but is not limited to, marijuana, cocaine, opiates, amphetamines and phencyclidine.
K. “Designated employer representative (DER)” is an individual identified by the employer as able to receive communications and test results from service agents and who is authorized to take immediate actions to remove employees from their duties and to make required decisions in the testing and appraisal processes.
L. “Disabling damage” means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.
1. Inclusions. Damage to motor vehicles that could have been driven, but would have been further damaged if so driven.
2. Exclusions.
a. Damage which can be remedied temporarily at the scene of the accident without special tools or parts.
b. Tire disablement without other damage even if no spare tire is available.
c. Headlight or taillight damage.
d. Damage to turn signals, horn, or windshield wipers which make them inoperative.
M. “DOT agency” means an agency (or “operating administration”) of the United States Department of Transportation administering regulations requiring alcohol and/or drug testing. 49 CFR part 382 in accordance with part 40 is applicable to the city.
N. “Driver” means any person who operates a commercial motor vehicle. This includes, but is not limited to: full-time, part-time, seasonal, temporary, on call drivers, leased drivers and independent owner-operator contractors.
O. “Licensed medical practitioner” means a person who is licensed, certified, or registered, in accordance with applicable federal, state, local, or foreign laws and regulations, to prescribe controlled substances and other drugs.
P. “Medical review officer (MRO)” is a person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by the city’s drug testing program and evaluating medical explanations for certain drug test results.
Q. 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 functions.
R. “Positive rate for random drug testing” means the number of verified positive results for random drug tests conducted under this chapter plus the number of refusals of random drug tests required by this chapter, divided by the total number of random drug test results (i.e., positives, negatives, and refusals).
S. “Refuse to submit (to an alcohol or controlled substances test)” means that a driver:
1. Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the city consistent with applicable DOT agency regulations, after being directed to do so by the city. This includes the failure of an employee to appear for a test when called by a C/TPA;
2. Fails to remain at the testing site until the testing process is complete; provided, that an employee who leaves the testing site before the testing process commences a pre-employment test is not deemed to have refused to test;
3. Fails to provide a urine specimen for any drug test required by this policy or DOT agency regulations; provided, that an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test;
4. In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the driver’s provision of a specimen;
5. Fails to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure;
6. Fails or declines to take a second test the employer or collector has directed the driver to take;
7. Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER. In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment;
8. Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process); or
9. Is reported by the MRO as having a verified adulterated or substituted test result.
T. “Safety-sensitive function” means all time 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:
1. All time at an employer 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 employer.
2. All time inspecting equipment as required by DOT regulations or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time.
3. All time spent at the driving controls of a commercial motor vehicle in operation.
4. All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth as “sleeper berth” is defined by DOT regulations.
5. 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.
6. All time repairing, obtaining assistance, or remaining in attendance upon a disabled CMV.
U. “Screening test (or initial test)” means:
1. In drug testing, a test to eliminate “negative” urine specimens from further analysis or to identify a specimen that requires additional testing for the presence of drugs.
2. In alcohol testing, an analytical procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath, saliva, or blood specimen.
V. “Stand-down” means the practice of temporarily removing an employee from the performance of his or her job duties based only on a report from a laboratory to the MRO of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test, before the MRO has completed verification of the test results.
W. “Substance abuse professional” means a licensed physician or a licensed or certified psychologist, social worker, employee assistance professional, a state-licensed or certified marriage and family therapist or drug and alcohol counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission (NAADAC)) or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC); or by the National Board for Certified Counselors, Inc., and Affiliates/Master Addictions Counselor (NBCC) with knowledge about and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.
X. “Violation rate” for random alcohol testing means the number of 0.02 and above random alcohol confirmation test results conducted under this chapter plus the number of refusals of random alcohol tests required by this chapter, divided by the total number of random alcohol screening tests (including refusals). (Ord. 12-001 § 3, 2013)