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10. Confirmation Test - means a second test, following a screening test with a result 0.02 or <br />greater, that provides quantitative data of alcohol concentration. <br />11. Consortium - means an entity, including a group or association of employers or contractors, <br />that provides alcohol or controlled substances testing as required by this part, or <br />other DOT alcohol or controlled substances testing rules, and that acts on behalf of the <br />employers. <br />12. Covered Employee - means Safety -sensitive employees including all personnel required to <br />maintain a Commercial Drivers License (CDL) as a condition of employment and <br />any other employee identified by Company policy. <br />13. Covered Function - (safety sensitive function) - means an operation, maintenance, or <br />emergency -response function that is performed as defined above in the <br />employment of Trisco Systems, Inc.. <br />14. Driver, - means any person who operates a commercial motor vehicle. This includes, but is <br />not limited to: Full time, regularly employed drivers; casual, intermittent or <br />occasional drivers; leased drivers and independent, owner operator contractors who are <br />either directly employed by or under lease to an employer or who operate a commercial <br />motor vehicle at the direction of or with the consent of an employer. For the purposes of <br />pre-employment/pre-duty testing only, the term driver includes a person applying to an <br />employer to drive a commercial motor vehicle. <br />15. EBT (or Evidential Breath Testing device) - means an EBT approved by the National <br />Highway Traffic Safety Administration (NHTSA for the evidential testing of <br />breath and placed on NHTSA's "Conforming Products List" (CPL) of evidential breath <br />measurement devices. <br />16. Supervisor - means the foreman, project manager or supervisor of Trisco Systems, Inc.. <br />17. Performing a Covered Function - means an employee is considered to be performing a <br />covered function (safety sensitive function) during any period in which they are <br />actually performing, ready to perform, or immediately available to perform such covered <br />functions. <br />18. Refusal to Submit (to an alcohol test) - means that a covered employee fails to provide <br />adequate breath for testing without a valid medical explanation after they have <br />received notice of the requirement to be tested in accordance with the provisions of 49 <br />CFR Part 382 and the Trisco Systems, Inc.'s alcohol misuse prevention plan, or engages <br />in conduct that clearly obstructs the testing process. <br />19. Screening Test (or initial test) - means an analytical procedure to determine whether an <br />employee may have a prohibited concentration of alcohol in a breath specimen. <br />.• <br />