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Appendix B: Definitions, including FMCSA-specific <br />If a term is defined in 49 CFR 40.3 (included in Section 5 of this policy), that definition shall be used with respect to this <br />policy, except to the extent (if any) that the definition is superseded by an applicable DOT agency definition or regulation. <br />Otherwise, the following definitions shall be used with respect to this policy and the definition for any other term(s) shall be <br />as determined solely by the Company, to the extent not prohibited by an applicable law. <br />Accident With respect to DOT agency drug and alcohol post -accident testing: <br />FMCSA (a) As soon as practicable following an occurrence involving a commercial motor <br />vehicle operating on a public road in commerce, each employer shall test for alcohol <br />and controlled substances each surviving driver: <br />(1) Who was performing safety -sensitive functions with respect to the vehicle, if <br />the accident involved the loss of human life; or <br />(2) Who receives a citation under State or local law for a moving traffic vialation <br />arising from the accident, if the accident involved: <br />(i) Bodily injury to any person who, as a result of the injury, immediately <br />receives medical treatment away from the scene of the accident; or <br />(ii) One or more motor vehicles incurring disabling damage as a result of the <br />accident, requiring the motor vehicle to be transported away from the scene by a tow <br />truck or other motor vehicle. <br />(b) Disabling damage means damage which precludes departure of a motor vehicle <br />from the scene of the accident in its usual manner in daylight after simple repairs. <br />(1) Inclusions. Damage to motor vehicles that could have been driven, but would <br />have been further damaged if so driven. <br />(2) Exclusions. <br />(i) Damage which can be remedied temporarily at the scene of the accident <br />without special tools or parts. <br />(ii) Tire disablement without other damage even if no spare tire is available. <br />(iii) Headlight or taillight damage. <br />Actual knowledge An employer can obtain actual knowledge that a safety -sensitive employee has used <br />alcohol or controlled substances based on the employer's direct observation of the <br />employee, information provided by the employee's previous employer($), a traffic <br />citation for driving a CMV (FMCSA) or revenue -generating vehicle (FTA) while under <br />the influence of alcohol or controlled substance(s) or an employee's admission of <br />alcohol or controlled substances use (unless any such admission meets the exemption <br />requirements of a self -referral program in accordance with a DOT -agency drug and <br />alcohol regulation; e.g., 49 CFR 382.217 for FMCSA-regulated employers). <br />Adulterated specimen A specimen that has been altered, as evidenced by test results showing either a <br />substance that is not a normal constituent for that type of specimen or showing an <br />abnormal concentration of an endogenous substance. <br />Air blank In evidential breath testing devices (EBTs) using gas chromatography technology, a <br />reading of the device's internal standard. In all other EBTs, a reading of ambient air <br />containing no alcohol. <br />Alcohol The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight <br />alcohols, including methyl or isopropyl alcohol. <br />Alcohol concentration The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters <br />of breath as indicated by a breath test under this part. <br />Alcohol concentration <br />A subsequent test using an EBT, following a screening test with a result of 0.02 or <br />test <br />greater, that provides quantitative data about the alcohol concentration. <br />Alcohol screening <br />A breath or saliva device, other than an EBT, that is approved by the National Highway <br />device (ASD) <br />Traffic Safety Administration (NHTSA) and placed on a conforming products list (CPL) <br />for such devices. <br />Alcohol screening test <br />An analytic procedure to determine whether an employee may have a prohibited <br />concentration of alcohol in a breath or saliva specimen. <br />Alcohol testing site <br />A place selected by the employer where employees present themselves for the <br />purpose of providing breath or saliva for an alcohol test. <br />Alcohol use <br />The drinking or swallowing of any beverage, liquid mixture or preparation (including <br />any medication), containing alcohol. <br />Aliquot <br />A fractional part of a specimen used for testing. It is taken as a sample representing <br />the whole specimen. <br />Applicants <br />Individuals hired or transferred into positions that include safety -sensitive functions. <br />2020 Drug Screens Plus, All Rights Reserved. (28) FMCSA 20200101 266 <br />