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• Alkolholl oir means the drinking or swallowing of any beverage, liquid <br />mixture or preparation (including any medication), containing alcohol <br />Allilltrall$ mears a person, independent contractor, or person working for <br />an independent contractor, who applies to become a driver/employee at's <br />BCRC contractor participant, and includes a person rare has received a <br />job offer made contingent on the person passing a drug test <br />AlIldlififidl moms Building and Construction Resource Center, which is <br />the association formed by labor and management representatives of The <br />Building and Construction Washy For Northwest Indiana, for the purpose <br />of addressing problem of drugs and alcohol in the workplace <br />• IlIntoth Alyftl 'WhvWfln fRAT) is an individual who is certified as <br />trained to operate an Evidential Brown Testing device (EBT) and who is <br />proficient in breath -testing procedures <br />• Cigifto trul mews a drug or arsenal test that has a problem identified <br />that cannot be or no not been retracted, or which is otherwise required, <br />by Part 40, to be canceled A awarded test is neither a positive nor a <br />negative lest An employer is not remained to lake adverse job action <br />based on a canceled test <br />• Clittfitfull means an employer ofro is a member or Building and <br />Construction Resource Center <br />• J�is , nterms a place designated by BCRC where individuals <br />present themselves for the purpose of providing a specimen of their urine <br />to be analyzed for the presence of controlled substances, or ror purposes of <br />pro, fling iisaliva a, breath sample to be analyzed to, alcohol <br />concentration <br />f' means all employer -owned and/or -leased property. <br />including but not limited to Owned writer [eased buildings and other real <br />estate parking lots and vehicles located on parking lith and chiplo, a, - <br />owned and/or -leased vehicles, backers, and desks <br />a For alcohol testing, a confirmatory task is a second Iasi following a <br />screening lost with a result of0 02 or greater, conducted 15-30 <br />minutes later, that pan ides quarnitalke data of alcohol <br />concentration This testis conducted an an BET <br />Is For controlled substances testing, a confirmatory last is a second <br />analytical procedure to identify the presence of specific drug or <br />metabolite This confirmatory test is independent orthe initial test <br />and uses a different technique and chemical principle from that of <br />[he screening test in order to ensure reliability and accuracy. <br />• Eflojlg �hin means an reality, including a group or association or <br />employers or commuters that provides services related to alcohol or <br />Litt O= means an employee of a company, or of a contractor parficiparal <br />who is a member of Building and Construction Resource Center. <br />• Ent RL oyerniemsacompan),,oramniraclorparticipmhc) participant, <br />._ <br />contributing member of Building and Construction Resource Center, and <br />who owns or Imes a commercial motor vehicle that is subject to DOTS <br />rules, and who assigns persons to operate such a vehicle In this policy, <br />employer includes a company's agents, offlurs and representatives <br />• FIVICSA means Federal Motor Carrier Safety Administration, an <br />Operating Administration of the Department ol"Iyansportaron <br />$OlOildhif, (Fer drugs) means an immunoassay screen to eliminate <br />"negative" urine specimens from runner consideration <br />Ifffilla (for post -accident testing) excludes (i) an occurrence involving <br />only boarding or alighting from a stationary motor vehicle; or (it) an <br />occurrence involving only the loading or unloading of cargo; or (in) an <br />occurrence in the comes of the operation of a passenger car or a <br />multipurpose passenger vehicle by an employee, unless the motor vehicle <br />is transporting passengers for hire or harearckna, materials of a type and <br />quantity that require the motor vehicle to be placarded <br />•D means a licensed physician responsible for <br />receiving laboratory results generated by BCRC"s drug issuing program <br />who has knowledge of substance abuse disorders and who no appropriate <br />medical training to interpret and evaluate an Irian idual's confirmed <br />positive fast result together with his/her medical history and any other <br />relevant biomedical immurralion <br />are.. when . drive,', a-fina,wa-y last result <br />reads 0 04% BrAC or higher. <br />• E2kftLyL:LuLJd2JW occurs when a driver's confirmatory test or retest <br />result is at or above cutoff levels specified by DFIVIS in DOT rules and <br />regulations, and has been verified by the MRO to be a positive test <br />Wouillital Wtgfirlui means aschinfifically valid method for selection of <br />driven to belesurd that results in an equal probability that any driver from <br />a group of drivers subject to the selection mechanism %sit] be selected, and <br />does not give an employer discretion to waive the selection of any <br />employee under the mechanism no, a driver might be selected more <br />than once during a year. <br />AVLLo1ivAJL1LPNjfI1S1lLn mews a belief that a driver has violated alcohol or <br />controlled substances prolubalions, based on specific, contemporaneous, <br />documentable observalions concerning the appearance, behavior, speech, <br />or body odors of that driver. In the case of controlled substances, ilia <br />observations may include indicators orchronic and withdrawal offiam, of <br />controlled substances <br />controlled substances testing as required by the DOT rules and regulations <br />and that acts on behalf of the employer..For purposes of this policy, <br />BCRC serves as the consortium for contractor participants ",he are <br />members of Building and Construction Resource Center. <br />• CoKplinlidistr Pail lchifigit means an employer who is a contributing <br />member ol'Building and Construction Resource Center <br />• g`ialllouslkil sigbiq'i"teirs means marijuana (TEC), cocaine, opiates, <br />phencyclidine (PCP) and amphetamines (including mersamphinamines <br />• PER Wesivnitird P"dilyVer welow an employee <br />authorized by each employer to take immediate action(s) to remove <br />employees from safely -sensitive duties and to make required decisions in <br />thelestingandevatuationprocesses The DER also receives lest results, <br />SAP reports, and offer communications on behalf of his/her employer. <br />(An employer may designate more than one DER) <br />• D13118-atiormord labaralorli'mearsalmoralory Paris certified water <br />the US Department of Ilea] In and I [man Services Mandatory Guidelines <br />for federal workplace drug testing programs Drugtevisfat-DOT-covered <br />dd%erswN,illbeperformed byaDHHS-cerliFiedlaboratory. <br />• [I spetillinen means a specimen with crealinine and specific gravity <br />values that are lower than expected for human urine <br />moms damage that precludes departure of a motor <br />vehicle From the same of the accident in its usual manner in daylight after <br />simple repairs <br />dnchesions <br />Damage to motor vehicles that could have been driven, but would <br />have been further damaged Won driven <br />uniing, <br />i Damage that can be remedied temporarily in the scene of we <br />accident without special tools or puts <br />ii Tire disablement without other damage even it no spare lire is <br />available <br />is Headlight or taillight damage <br />i, Damage In In,n signals hom or n indshreld wipers that make them <br />inoperative <br />Driver means any person who operates acommencial motor vehicle This <br />includes, but is not limited to: Full time, regularly employed drivers; <br />casual, intermittent or occasional drivers; leaved drivers and independent, <br />owner -operator contractors who are either directly employed by or order <br />lease to an employer, or who operate a commercial motor vehicle at the <br />direction of or with the consent of an employer <br />• (�mews a Iasi conducted for controlled substances, including <br />marijuana, cocaine, amphetamines, opiates, and phencyclidine <br />J�Jfitiail to mppils Iqu lllfaifjad iolLthhsJ1(,�pl includes failure to appear <br />_ <br />for any test, failure to provide a breath or saliva specimen for a required <br />last, Failure to remain at the testing site until the testing process is <br />complete, failure to provide a sufficient breath specimen without a <br />medical explanation, failure to undergo a medical esaamnation following <br />mobility to provide a sufficient breath specimen, refusal losigir Step 2 of <br />the Alcohol Testing Form, and failure to cooperate with the bearing <br />process <br />Kvfiml W submil to # rrulfligVg_lJ13itJtU includes failure to appear for <br />any test within a reasonable time, failure to remain at the collection site <br />will the testing proem is complete, refusal to provide a urine specimen <br />for a required drug test, Failure to rental a already observed or monitored <br />collection %%ban required, failure to provide a sufficient Mount ermine <br />without a medical explanation, failure to take a second Iasi when required <br />by a wheeler or by his/tier employer, failure to undergo a medical <br />examination following inability to provide a sufficient urine sample, and <br />failure to cooperate with the collection/testing proms (including redoing <br />to empty pockets at the collection site) <br />Under each employer's independent authority, an employee/driver who <br />refuses to submit to required alcohol and drug testing %vid be terminated <br />from employment <br />Safety <lltflllflyg Na%&lp means all time from the time a driver begins to <br />work or is required in be in readiness to work Mil the time he/she is <br />relieved from work and all responsibility for performing work Surely- <br />swenfivefuractions shall include: a) All time at an employer or shipper <br />plant, terminal, Facility, or other property, or on any public property, <br />wailing to be dispatched, Mess the driver has been relieved from duty by <br />the employer; b) All time inspecting equipment as required by §§ 392.7 <br />and 392.8 or otherwise inspecting, servicing, or conditioning any <br />commercial motor vehicle at any time; c) All time spent at the driving <br />controls of a commercial molar vehicle in operation; d) All time, other <br />than driving time, in or upon any commercial motor vehicle except time <br />spent resting in a sleeper berth (a berth cementing to the requirements of <br />§393 76); edf Ad time loading or unloading a vehicle, supervising, or <br />assisting in the loading or unloading, attending a vehicle being loaded or <br />unloaded, remaining in readiness to operate the vehicle, or in giving or <br />receiving receipts for shipments loaded or unloaded; and f) All time <br />repairing, obtaining assistance, or remaining in attendance upon a disabled <br />vehicle Adriver is considered to beperformingamfiny-seraffive <br />functions during any period in which he/she is actually perfornong, read), <br />to perform, or Immediately available to perform safety -sensitive fractions <br />§�ii � (for alcohol) means an malyfical procedure to determine <br />efieffier a driver may have a prohibited crincenummal of alcohol in a saliva <br />or breath specimen <br />