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driven. Exclusions: Damage which can be remedied temporarily at the scene of the <br />accident without special tools or parts: e.g., tire disablement without other damage <br />even if no spare tire is available; headlight or taillight damage; damage to turn signals, <br />horn, or windshield wipers which make them inoperative. <br />DOT, The Department, <br />These terms encompass all DOT agencies, including, but not limited to, the <br />DOTAGency <br />United States Coast Guard (USCG), the Federal Aviation Administration (FAA), <br />the Federal Railroad Administration (FRA), the Federal Motor Carrier Safety <br />Administration (FMCSA), the Federal Transit Administration (FTA), the National <br />Highway Traffic Safety Administration (NHTSA), the Pipeline and Hazardous Materials <br />Safety Administration (PHMSA), and the Office of the Secretary (OST). <br />These terms include any designee of a DOT agency. <br />Driver <br />Means any person who operates a commercial motor vehicle. This includes, but is not <br />limited to: Full time, regularly employed drivers; casual, intermittent or occasional <br />drivers; leased drivers and independent, owner -operator contractors who are either <br />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. <br />Drugs <br />The drugs for which tests are required under this part and DOT agency regulations are <br />marijuana, cocaine, amphetamines, phencyclidine (PCP), and Opioids. <br />Drug test <br />An analytic procedure to determine whether an individual has (confirmation test) or <br />may have (screening test) a prohibited controlled substance in a body specimen. <br />Employee <br />Any person who is designated in a DOT agency regulation as subject to drug testing <br />and/ or alcohol testing. The term includes individuals currently performing safety - <br />sensitive functions designated in DOT agency regulations and applicants for <br />employment subject to pre -employment testing. For purposes of drug testing under this <br />part, the term employee has the same meaning as the term " donor' as found on CCF <br />and related guidance materials produced by the Department of Health and Human <br />Services. <br />Employer <br />A person or entity employing one or more employees (including an individual who is <br />self-employed) subject to DOT agency regulations requiring compliance with this part. <br />The term includes an employer's officers, representatives, and management <br />personnel. Service agents are not employers for the purposes of this part. <br />Error Correction <br />Training provided to BATs, collectors, and screening test technicians (STTs) following <br />Training <br />an error that resulted in the cancellation of a drug or alcohol test. Error correction <br />training must be provided in person or by a means that provides real-time observation <br />and interaction between the instructor and trainee. <br />Evidential Breath <br />A device approved by NHTSA for the evidential testing of breath at the .02 and .04 <br />Testing Device (EBT) <br />alcohol concentrations, placed on NHTSA's Conforming Products List (CPL) for " <br />Evidential Breath Measurement Devices" and identified on the CPI_ as conforming with <br />the model specifications available from NHTSA's Traffic Safety Program. <br />Follow-up testing <br />Drug/alcohol testing of an employee determined to be in need of assistance in <br />resolving problems with drugs/alcohol. [See also: 40.281-313] <br />HHS The Department of Health and Human Services or any designee of the Secretary. <br />Department of Health and Human Services. <br />Immediately or within a <br />With respect to random testing: as soon as possible consistent with safety <br />reasonable time <br />considerations. Failure of the employee to report for random testing within a <br />reasonable time as determined by the DER is considered a refusal to test. <br />See 40.191 regarding refusal to test and consequences. <br />Initial drug test <br />(also known as a "Screening Drug Test") The test used to differentiate a negative <br />specimen from one that requires further testing for drugs or drug metabolites. <br />Initial specimen validity <br />The first test used to determine if a urine specimen is adulterated, diluted, substituted, <br />test <br />or invalid. <br />Invalid drug test <br />The result reported by an HHS-certified laboratory in accordance with the criteria <br />established by HHS Mandatory Guidelines when a positive, negative, adulterated, or <br />substituted result cannot be established for a specific drug or specimen validity test. <br />Laboratory Any U. S. laboratory certified by HHS under the National Laboratory Certification <br />Program as meeting the minimum standards of Subpart C of the HHS Mandatory <br />Guidelines for Federal Workplace Drug Testing Programs; or, in the case of foreign <br />laboratories, a laboratory approved for participation by DOT under this part. <br />Limit of Detection The lowest concentration at which a measurand can be identified, but (for quantitative <br />(LOD) assays) the concentration cannot be accurately calculated. <br />Limit of Quantitation For quantitative assays, the lowest concentration at which the identity and <br />fLOQ) concentration of the measurand can be accurately established. <br />2020 Drug Screens Plus. All Rights Reserved. (30) FMCSA 20200101 266 <br />