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• Alcohol use meansthe drinking or mialloeingo(any beverage, liquid
<br />mixture or preparation (including any medication), containing alcohol.
<br />•Applicant means a person, independent contractor, or person working for
<br />an independent contractor, who applies to become a driverfemployee of a
<br />BCRC contractor participant, and includes a person who has received a
<br />job offer made contingent on the person passing a drug test,
<br />• Association means Building and Construction Resource Center, which is
<br />ties association formed by labor and management representatives of The
<br />Building and Construclion Indwhy for Northwest Indiana, for the purpose
<br />oraddressing problenn ofdmgs and alcohol in the workplace.
<br />• Breath Alcohol Techniclon @M is an individual ssho is certified as
<br />trained to operate an Evidential Breath Testing device (EBT) and nho is
<br />proficient in breath -testing procedures.
<br />• Caneeled lest means a drug or alcohol lost that has a problem identified
<br />that cannot be orbas not been corrected, or which is olliensise required,
<br />by Pan d0, to be canceled. A canceled testis neither a positive nor a
<br />negative test. An employer is not permitted to take adrene job action
<br />based on a canceled lest.
<br />• Company means an employer who is a member of Building and
<br />Construction Resource Center.
<br />• Collection slle means 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 for purposes of
<br />providing a suliva or breath sample to be au dyzed for alcohol
<br />concentration.
<br />• CpmpanV mnoetiv means all employer-oimed and/or -leased properly,
<br />including but not limited to owned and/or leased buildings and other real
<br />estate, parking lots and vehicles located on parking lots, and employer -
<br />mined and/or -leased vehicles, lockers, and desks.
<br />• Confirmatory test
<br />a For alcohol testing, a confirmatory test is a second lest following a
<br />screening test with a result of t1.02 orgreater, conducted 15-30
<br />minutes later, that provides quantitative data of alcohol
<br />concentration. This test is conducted on an EDT.
<br />b. For controlled substances testing, a confirmatory test is a second
<br />analytical procedureto identify the presence of a specific drug or
<br />metabolite. This confirmatory test is independent of the initial lest
<br />and uses adifferent technique and chemical principle from that of
<br />the screening lest in orderto ensure reliability and accuracy,
<br />controlled substances testing as required by'the DOT rules and regulations
<br />and that acts on behalf of the employer. For purposes ofihis policy,
<br />BCRC serves as the consortium for contractor participants uito are
<br />members of Building and Construction Resource Center.
<br />• Contractorplilichlan! means an employer who is a contributing
<br />member of -Building and Construction Resource Center,
<br />• Controlled substances means marijuana (THC), cocaine, opiates,
<br />plieney elidine (PCP) and amphetamines (including rnethamphetamines.)
<br />• DER(deslenated emolorer'renresenlafFre}nummancmployce
<br />authorized by each employer to lake immediate actions) to remove
<br />employees from safely -sensitive duties and to make required decisions in
<br />the testing and evaluation processes, Tlhe DER also receives lest results,
<br />SAP reports, and other communications on behalf of his/her employer.
<br />(An employer may designate more Ilion one DER)
<br />• DHHS•approred.laboralo_ry means a laboratory that is certified under
<br />the U.S. Department of Health and Human Services Mandatoy Guidelines
<br />for federal workplace drug testing programs. Drug tests for DOT -covered
<br />drivers will be performed by a DHHS-certified laboratory.
<br />+ Dilute specimen means a specimen with crealinine and specific gravity
<br />values that are lower than expected for human urine.
<br />• Dlsabllne damage means damage that precludes departure ofa motor
<br />vehicle from the scene of the accident in its usual manner in daylight after
<br />simple repairs
<br />-
<br />ckrslons.
<br />Damage to motor vehicles that could have been driven, but would
<br />have been further damaged i€so driven.
<br />Excluslons.
<br />,_ Damage that can he remedied temporarily at the scene of the
<br />accident without special tools or parrs.
<br />u Tire disablement ssilhoul otherdamage even if no spare lire is
<br />available.
<br />a. Headlight at taillight damage.
<br />u,. Damage to turn signals, ham, or windshield Wipers dint make them
<br />inoperative.
<br />• Driver means any person who operates a commercial motorvehicle. This
<br />includes, but is not limited to: Full time, regularly employed drivers;
<br />casual, intermittent or occasional drivers; leased drivers and independent,
<br />owner-operntor contractors who are either directly employed by orunder
<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 />• Consarlinm means an entity, including a group or association of • Drug tell means atest conducted for controlled substances, including
<br />employers or contractors that provides services related to alcohol or marijuana, cocaine, amphetamines, opiates, and phencyclidine.
<br />Employee means an employee of a company, orofa contractor participant
<br />who is a member of Building and Construction Resource Center.
<br />• Employer means a company, or p contractor parlicipanl, who is a
<br />conttbuting member of Binding aid Consimetion Resource Center, and
<br />who owns or leases a commercial motor vehicle that is subject to Writ
<br />roles, and who assigns persons to operate such a vehicle In [his policy,
<br />employer includes a company's agents, officers and representatives.
<br />• FMCSA means Federal Motor Carrier Safety Administration, an
<br />Operating Administration orthe Departmedl of Fransporlalion_
<br />♦ initial lest (for drugs) means an immunoassay screen to eliminate
<br />.'negative' urine specimens front further consideration.
<br />+ Inim-Y (for post -accident testing) excludes (i) an occurrence involving
<br />only boardiag or alighting front a stationary motor vehicle; or (ii) an
<br />occurrence involving only the loading or unloading of cargo; or (iii) an
<br />occurrence in die course 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 hazardous materials of atype and
<br />quantity that require the mclor vehicle to be placarded.
<br />• Medical Review Officer means a licensed physician responsible for
<br />receiving laboratory results generated by BCRCs dmg testing program
<br />who has knowledge ofsubslance obese disorders and who has appropriate
<br />medical training to interpret and evahmle an individual's confirmed
<br />positive Lest result together with hisllier medical history and any other
<br />relevant biomedical information.
<br />• Positive Test (alcohol) occurs when a driver's corifinnutory test result
<br />reads 0.04% BrAC or higher,
<br />• Positive Test fdrual occurs when a driver's confirmatory lest or retush
<br />result is of or above cutoff levels specified by DHHS in DOT mles and
<br />regulations, and has been verified by the MRO to be a positive lest.
<br />• Random seleciion means a scientifically valid method for selection of
<br />drivers to be tested that results in an equal probability that any driver from
<br />a group of drivers subject to the selection mechanism rill be selected, and
<br />does not give an employer discretion to waive the selection of m)-
<br />employee under the mechanism, Thus, a driver might be selected more
<br />than once during a year.
<br />• Reasonablo suspicion means a belief Thar adriver has violated alcohol or
<br />controlled substances prohibitions, based on specific, contemporaneous,
<br />documentable observations concerning the appearance, behavior, speech,
<br />or body odors of that driver. in the case of controlled substances, die
<br />observations may include indicators of chronic and withdrawal effects of
<br />controlled substances.
<br />• Refusal Io submit to a rxanhxd alcohol test includes fai€ure to appear
<br />for any lest, failure to provide a breath or saliva specimen for a required
<br />lest, failure to remain at the tailing silo until the testing process is
<br />complete, failure to provide asufFhcient breath specimen without a
<br />medical explanation, fa€lure to undergo a medical examination following
<br />inability to provide a sufficient breath specimen, refusal to sign Step 2 of
<br />the Alcohol Testing Form, and failure to cooperate Mth the testing
<br />process.
<br />• Refusal to $Hb!nIL.JQ8 r tired dmg lest includes failure to appear for
<br />any lest within a reasonable time, failure to remain at the collection site
<br />until the testing process is complete, refusal to provide a urine specimen
<br />for arequired drug lest, failure to permit a directly observed or monitored
<br />collection when required, failure to provide a sufficient amount of urine
<br />Without a medical explanation, failure to take second lest Wien required
<br />by a collector or by his/her employer, failure to undergo a medical
<br />exanvnalion following inability to provide a sufficient urine sample, and
<br />failure Io cooperate with the collection/testing process (including refusing
<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 sill be terminated
<br />from employment.
<br />• Safety -sensitive function means all time from the time a driver begins to
<br />work or is required to be in readiness to work until the time he/she is
<br />relieved from work and all responsibility for performing nork. Safety -
<br />sensitive ftahclions shall include: a) All lime at an employerer shipper
<br />plant, lemsinal, facility, or other property, or on any public property,
<br />wailing to be dispatched, unless the driver has been relieved from duty by
<br />The employer; b) All lime inspecting equipment as required by §§ 392.7
<br />and 392.5 or odiensise inspecting, servicing, or conditioning any
<br />commercial motor vehicle at any time; e) All time spent at The driving
<br />controls of a commercial amlor vehicle in operation, d)ABlimo,other
<br />than driving time, in or upon any commercial motor vehicle except lime
<br />spurt msling in a sleeper berth (a berth conforming to the requirements of
<br />§393.76); o) All lime loading orunloading a vehicle, supervising, or
<br />assisting in die loading or unloading, attending a vehicle being loaded or
<br />unloaded, remaining in readiness to operate die vehicle, or in giving or
<br />receiving receipts for shipments loaded or unloaded; and 1) All time
<br />repairing, obtaining assistance, or remaining in attendance upon a disabled
<br />vehicle. A driver is considered to be performing a safety-sensilive
<br />functions during any period in sshich helsho is aclually performing, ready
<br />in perform, or immediately available to perform safety' -sensitive functions.
<br />• Scrrenine test (for alcohol) means an analytical procedure to determine
<br />whether a driver may have a prohibited concentration ofalcohol in a saliva
<br />or breath specimen.
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