§ 2-232. Selected definitions.  


Latest version.
  • The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.

    Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.

    Breath alcohol technician (BAT) means a person who instructs and assists employees in the alcohol testing process and operates an evidential testing device.

    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 in paragraph (1) of this definition.

    Consortium/third party administrator (C/TPA) means a service agent that provides or coordinates one (1) or more drug and/or alcohol testing services to DOT-regulated employers. 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. C/TPAs include, but are not limited to, groups of employers who join together to administer, as a single entity, the DOT drug and alcohol testing programs of its members (e.g., having a combined random testing pool). C/TPAs are not "employers" under Part 382.

    Designated employer representative (DER) means an individual identified by the employer who is 1) able to receive communications and test results from service agents, 2) authorized to take immediate actions to remove employees from safety-sensitive duties (either directly, or by having a supervisor perform the removal), and 3) authorized to make required decisions in the testing and evaluation processes. The individual must be an employee of the company. Service agents cannot serve as DERs, but the employer may act personally as the DER.

    Driver means 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.

    Employer means a person or entity employing one (1) or more employees (including an individual who is self-employed) that is subject to DOT agency regulations requiring compliance with Part 382. The term means the entity responsible for overall implementation of DOT drug and alcohol program requirements, including individuals employed by the entity who take personnel actions resulting from violations of Part 382 and any applicable DOT agency regulations. Service agents are not "employers" under Part 382.

    Medical review officer (MRO) means a person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer's drug testing program and evaluating medical explanations for certain drug test results.

    Performing (a safety-sensitive function) means a person 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.

    Refuse to submit (to an alcohol or controlled substance test) means that a person:

    (1)

    Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. This includes the failure of an employee to appear for a test when called by a C/TPA. City of Cartersville time limit is three (3) hours.

    (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 for 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 Part 382 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 person 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 under § 40.193(d). 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., refuses to empty pockets when so directed by the collector, or behaves 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.

(Ord. No. 93-05, § 1, 11-17-05)