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PER 15-2-2 (AEP)
Appendix 9.3

Accident means an occurrence associated with the operation of a vehicle, if as a result:

1) An individual dies;
2) An individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident;
3) With respect to an occurrence in which the mass transit vehicle involved is a rubber-tired bus, van, or automobile, one or more vehicles incurs disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle;
4) With respect to an occurrence in which the mass transit vehicle involved is a fixed-guideway rail car, streetcar, or trolley car, or a vessel*, the mass transit vehicle is removed from revenue service;
5) With respect to an occurrence in which a commercial motor vehicle (non-transit) operating on a public road in interstate or intrastate commerce and one or more motor vehicles incurs disabling damage as the result of the accident and is transported away from the scene by a tow truck or other vehicle.
*(See "Serious Marine Incident")

Actual Knowledge (FMCSA) means actual knowledge by an employer that a driver has used alcohol or controlled substances based on the employer's direct observation of the employee, information provided by the driver's previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee's admission of alcohol or controlled substance use, except as provided in § 382.121. Direct observation as used in this definition means observation of alcohol or controlled substances use and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under § 382.307.

Adulterated Specimen means a specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be presented but is at a concentration so high that it is not consistent with human urine.

Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl or isopropyl alcohol.

Alcohol Concentration (or content) means the amount of alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this part.

Alcohol Use means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.

Blind Sample or Blind Performance Test Specimen means a urine specimen submitted to a laboratory for quality control testing purposes, with a fictitious identifier, so that the laboratory cannot distinguish it from employee specimens, and which is spiked with known quantities of specific drugs or which is blank, containing no drugs.

Breath Alcohol Technician (BAT) means an individual who instructs and assists individuals in the alcohol testing process and operates an EBT.

Cancelled Test means a drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which 49 CFR part 40 otherwise requires to be cancelled. A cancelled test is neither a positive nor a negative test.

CDL means a Commercial Driver's License

Chain of Custody means the procedures to account for the integrity of each urine or blood specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. With respect to drug testing, these procedures shall require that an appropriate drug testing custody and control form be used from time of collection to receipt by the laboratory and that upon receipt by the laboratory an appropriate laboratory Custody and Control form(s) account(s) for the sample or sample aliquots within the laboratory.

CFR means Code of Federal Regulations.

Commercial Motor Vehicle (FMCSA - Non-Transit) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

1) Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
2) Has a gross vehicle weight rating of 26,001 or more pounds; or
3) Is designed to transport 16 or more passengers, including the driver; or
4) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).

Confirmation or Confirmatory Test

1) In drug testing, means a second analytical procedure performed on a urine specimen to identify and quantify the presence of a specific drug or drug metabolite that is independent of the screening test and that uses a different technique and chemical principle from that of the screening test in order to ensure reliability and accuracy. (Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines and phencyclidine.)
2) In alcohol testing means, a second test, following a screening test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration.

Confirmed Drug Test means a confirmation test result received by an MRO from a laboratory.

Controlled Substances means those substances identified in 49 CFR 40.85.

Contractor (FTA) means a person or organization that provides a safety-sensitive service for a recipient, sub-recipient, employer, or operator consistent with a specific understanding or arrangement. The understanding can be a written contract or an informal arrangement that reflects an ongoing relationship between the parties.

County premises means all county worksites, property and vehicles.

Covered Employee means a person, including an applicant, or transferee, who performs or will perform a safety-sensitive function for an entity subject to 49 CFR Parts 382 or 655, or 46 CFR Parts 4 or 16.

Designated Employer Representative (DER) means an individual identified by the employer as able to receive communications and test results from service agents and who is authorized to take immediate actions to remove employees from safety-sensitive duties and to make required decisions in the testing and evaluation processes. The individual must be an employee of the company. Service agents cannot serve as DERs.

County means King County and any other organization that is legally governed by the county with respect to personnel matters.

County premises mean all County worksites, property and vehicles. For the purposes of this policy, "county worksites" include those provided under telecommuting agreements during designated telecommuting work hours.

Crewmember MARINE DIVISION) means an individual who is either:

1) On board a vessel acting under the authority of a license or merchant mariner's document issued under this subchapter, whether or not the individual is a member of the vessel's crew; or
2) Engaged or employed on board a vessel owned in the USA that is required by law or regulation to engage, employ, or be operated by an individual holding a license, certificate of registry, or merchant mariner's document issued under this subchapter.
3) Exceptions: The following personnel are not subject to drug and alcohol testing under 46 CFR 16:

a) Individuals on fish processing vessels who have no duties that directly affect the safe operation of the vessel
b) Scientific personnel on an oceanographic research vessel
c) Individuals aboard a vessel, not fulfilling a requirement for manning under 46 CFR Part 15, who have no duties that directly affect the safe operation of the vessel (see "Safety Sensitive Positions")

Department of Transportation (DOT) means a Federal cabinet level agency charged with responsibility for a safe transportation system for the public. This agency includes the following administrations: Federal Aviation Administration (FAA), Federal Motor Carrier Safety Administration (FMCSA), Federal Railroad Administration (FRA), Federal Transit Administration (FTA), and Pipeline and Hazardous Material Safety Administration (PHMSA). The Coast Guard was part of DOT but is now with the Department of Homeland Security (DHS), however, the drug test program mandated by Coast Guard follows procedures established by DOT 49 CFR part 40.

DHHS means The Department of Health and Human Services or any designee of the Secretary, Department of Health and Human Services.

Dilute Specimen means a specimen with creatinine and specific gravity values that are lower than expected for human urine.

Directly Involved in a Serious Marine Incident (MARINE DIVISION) means a marine employer is responsible for determining what personnel were directly involved in a Serious Marine Incident. This determination should be based on the operation being performed at the time of the accident, and what personnel could have or should have had a role in that operation. A guideline is to test any personnel whose negligence cannot be discounted as contributing to the serious marine incident. A law enforcement officer has the authority to further name personnel as being directly involved in a Serious Marine Incident and as such, direct them to submit to alcohol and drug testing. (see "Serious Marine Incident")

Disabling Damage means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.

1) Inclusion: Damage to motor vehicles that could have been driven, but would have been further damaged if so driven.
2) Exclusions:

a) Damage which can be remedied temporarily at the scene of the accident without special tools or parts
b) Tire disablement without other damage if no spare tire is available
c) Headlamp or taillight damage
d) Damage to turn signals, horn, or windshield wipers which make them inoperative

District DAPI (MARINE DIVISION) means the person in charge of a drug and alcohol testing program for a USCG District. This congressionally mandated billet manages the program within district boundaries, conducts audits of marine employers' programs, has regulatory authority over service agents, and is empowered to inspect service agents. Each Coast Guard District has at least one District DAPI, who operates through the authority of the District Commander and under the guidance of the USCG Headquarters Program Manager in Washington, DC. See"Designated Employer Representative")

DOT Agency means an agency of the United States Department of Transportation administering regulations related to drug or alcohol testing, including the Federal Aviation Administration, the Federal Railroad Administration, the Federal Motor Carrier Safety Administration, the Federal Transit Administration, the Research and Special Program Administration, and the Office of the Secretary.

Drug and Alcohol Program Inspector (DAPI) (MARINE DIVISION) means a Coast Guard representative who is specifically trained to check for compliance with the U.S. Coast Guard drug and alcohol program regulations and is assigned to a local Coast Guard Sector Office. Marine Inspectors also check for compliance with the regulations during vessel inspections.

Drug Metabolite means the specific substance produced when the human body metabolizes a given prohibited drug as it passes through the body and is excreted in urine.

Drug Test means the laboratory analysis of a urine specimen collected in accordance with 49 CFR part 40 and analyzed in a DHHS-approved laboratory.

EBT or Evidential Breath Testing Device means an EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's 'Conforming Products List of Evidential Breath Measurement Devices' (CPL).

Employee Assistance Program (EAP) means a program provided directly by the county, or through a contracted service provider, to assist employees in dealing with drug or alcohol dependency and other personal problems. Rehabilitation and reentry to the work force are usually arranged through EAP.

FTA means the Federal Transit Administration, an agency of the United States Department of Transportation.

FMCSA means the Federal Motor Carrier Safety Administration, an agency of the United States Department of Transportation.

Initial Test or Screening Test drug testing, means an immunoassay screen to eliminate 'negative' urine specimens from further analysis. In alcohol testing, an analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath specimen.

Licensed Medical Practitioner means a person who is licensed, certified and/or registered, in accordance with applicable Federal, State, local or foreign laws and regulations, to prescribe controlled substances and other drugs.

Medical Review Officer (MRO) means a medical doctor who not only has knowledge of substance abuse disorders, but who also has been trained to interpret and evaluate laboratory test results in conjunction with an employee's medical history. A medical review officer verifies a positive test result by reviewing a laboratory report and an employee's unique medical history to determine whether the result was caused by the use of prohibited drugs or by an employee's medical condition.

Non-safety sensitive position means all King County executive branch positions that do not require performance of safety-sensitive functions as set forth in the Omnibus Employee Testing Act of 1991, and as defined below.

Operation of a Vessel (MARINE DIVISION) means to navigate, steer, direct, manage, or sail a vessel, or to control, monitor, or maintain the vessel's main or auxiliary equipment or systems. Operation includes:

1) Determining the vessel's position, piloting, directing the vessel along a desired trackline, keeping account of the vessel's progress through the water, ordering or executing changes in course, rudder position, or speed, and maintaining a lookout;
2) Controlling, operating, monitoring, maintaining, or testing: the vessel's propulsion and steering systems; electric power generators; bilge, ballast, fire, and cargo pumps; deck machinery including winches, windlasses, and lifting equipment; lifesaving equipment and appliances; firefighting systems and equipment; and navigation and communication equipment; and
3) Mooring, anchoring, and line handling; loading or discharging of cargo or fuel; assembling or disassembling of tows; and maintaining the vessel's stability and watertight integrity.

Performing (a safety-sensitive function) means am employee is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions.

Prohibited Drug Means that the Controlled Substances Act has determined the following drugs to be a risk to public safety: marijuana, opiates, amphetamines, cocaine, or phencyclidine (PCP).

Prohibited Drug Use and Alcohol Misuse Education and Testing Program Policy Handbook (the Policy Handbook) means the King County detailed handbook utilized for the purposes of carrying out the provisions of this policy, the regulations issued pursuant to the Omnibus Transportation Employee Testing Act of 1991, and to provide for such additional procedures as may be necessary to ensure King County's compliance with state and federal law affecting drug and alcohol matters.

Qualified Laboratory means a laboratory certified by the DHHS to conduct urine drug testing and which permits unannounced inspections by the recipient, operator, or FTA Administrator.

Refuse to Submit (to an alcohol test) means that a covered employee is considered to have refused to take an alcohol test if he or she:

1) fails to appear for any test within a reasonable time, as determined by the employer, after being directed to do so by the employer (except for pre-employment); or
2) fails to remain at the testing site until the testing process is complete(except for pre-employment when an employee/applicant leaves before the testing process begins); or
3) fails to attempt to provide a breath specimen for any test required by 49 CFR Parts 382 or 655 or 46 CFR Parts 4 or 16; or
4) fails to provide a sufficient breath specimen, and the physician has determined, through a required medical evaluation, that there was no adequate medical explanation for the failure; or
5) fails to undergo a medical examination or evaluation, as directed by the employer as part of the insufficient breath procedures outlined in 40.265; or
6) fails to sign the certification at Step 2 of the Alcohol Testing Form (ATF); or
7) fails to cooperate with any part of the testing process.

An employee who refuses to take an alcohol test violates DOT agency regulations and incurs the consequences specified under those regulations.

Refuse to Submit (to a drug test) means that a covered employee is considered to have refused to take a drug test if he or she:

1) fails to appear for any test within a reasonable time, as determined by the employer, after being directed to do so by the employer (except for pre-employment test); or
2) fails to remain at the testing site until the testing process is complete (except for preemployment when an employee/applicant leaves before the testing process begins); or
3) fails to attempt to provide a urine specimen for any test required by 49 CFR Parts 382 or 655 or 46 CFR Parts 4 or 16; or
4) in the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the specimen; or
5) fails to provide a sufficient amount of urine when directed, and the physician has determined, through a required medical evaluation, that there was no adequate medical explanation for the failure; or
6) fails or declines to take a second test King County or collector has directed him/her to take; or
7) fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER as part of the "shy bladder" procedures outlined in 40.193; or
8) fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process, fail to wash hands after being directed to do so by the collector).
9) For an observed collection, fail to follow the observer's instructions to raise clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if the employee has any type of prosthetic or other device that could be used to interfere with the collection process.
10) Possess or wear a prosthetic or other device that could be used to interfere with the collection process.
11) Admits to the collector or MRO that the employee adulterated or substituted the specimen.

If the MRO reports that an employee has a verified adulterated or substituted test result, the employee has refused to take a drug test.

An employee who refuses to take a drug test violates DOT agency regulations and incurs the consequences specified under those regulations.

Return to Work Letter (MARINE DIVISION) means a letter, issued by an MRO, that verifies that an individual, who had previously tested positive for drugs, is now considered "drug-free" and that the risk of subsequent drug use by the individual is sufficiently low enough to warrant the return to work of that individual in a "safety sensitive position." Only the MRO has the authority to issue this type of letter. The return to work letter must be presented to the marine employer before allowing a mariner that had a non-negative test result, to return to work in a safety sensitive position.

Safety Sensitive Function (FTA - Transit) means any of the following duties:

Operating a revenue service vehicle, including when not in revenue service;

Operating a non-revenue service vehicle, when required to be operated by a holder of a CDL;

Controlling dispatch or movement of a revenue service vehicle;

Maintaining a revenue service vehicle or equipment used in revenue service, unless the recipient receives section 18 funding and contracts out such services;

Carrying a firearm for security purposes.

Safety Sensitive Function (FMCSA - NON-TRANSIT) means all time from the time a driver begins work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety sensitive function shall include:

All time at an employer shipper, plant, facility or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;

All time inspecting equipment as required by 49 CFR Part 392.7 and 49 CFR Part 392.8 or otherwise inspecting, servicing, or conditioning any motor vehicle at any time, all time spent at the driving controls of a commercial motor vehicle in operation;

All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of 49 CFR Part 393.76);

All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and

All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

Safety Sensitive Functions (USCG - MARINE) means and includes but is not limited to:

· Directing and mustering passengers in emergencies

· Passing out lifejackets

· Controlling and operating lifesaving equipment

· Controlling and operating firefighting equipment

Safety Sensitive Position (USCG - MARINE) means any position (billet) aboard a vessel, that requires the person filling that position to perform one or more safety sensitive duties or operation of a vessel on either a routine or emergency only basis. Examples of this type of crewmember may include card dealers, bartenders, game operators and service personnel aboard excursion or gaming vessels. Any person filling a safety sensitive position is subject to U.S. Coast Guard drug and alcohol testing. All crewmembers, that are responsible for the safe handling of passengers, are considered to be filling safety sensitive positions as well.

Screening Test or Initial Test in drug testing means, an immunoassay screen to eliminate 'negative' urine specimens from further analysis. In alcohol testing, an analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath specimen.

Serious Marine Incident (MARINE DIVISION) means any reportable marine casualty as defined in 46 CFR 4.03-1 and 46 CFR 4.05-1, involving a vessel in commercial service, which results in any of the following:

1) one or more fatalities; or
2) an injury to a crewmember, passenger, or other person which requires professional medical treatment beyond first aid and, in the case of a person employed on board a vessel in commercial service, which renders the individual unfit to perform routine vessel duties; or
3) damage to property, as defined in 46 CFR 4.05-1, in excess of $100,000; or
4) the actual or constructive total loss of any vessel subject to Coast Guard Inspection; or
5) the actual or constructive total loss of any self-propelled vessel, not subject to inspection by the Coast Guard, of 100 gross tons or more; or
6) a discharge of oil of 10,000 gallons or more, into a navigable waterway; or
7) a release of a hazardous substance equal to or greater than its reportable quantity into the navigable waters of the United States, or into the environment of the United States, whether or not the release resulted from a marine casualty.

Shy Bladder means the inability to produce a sufficient (45 ml) urine specimen.

Shy Lung means the inability to produce a sufficient breath sample.

Simple Random Sampling (SRS) with replacement means the random selection sampling method required by DOT. With replacement means that even after an employee is selected, he or she is returned to the Pool for possible selection in the next random testing cycle.

Split Specimen means an additional specimen collected with the original specimen, to be tested in the event the original specimen tests positive.

Substance Abuse Professional (SAP) means a licensed physician (medical doctor or doctor of osteopathy); or a licensed or certified psychologist, social worker, or employee assistance professional; or a state-licensed or certified marriage and family therapist; or an drug and alcohol counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission (NAADAC) or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC, or by the National Board for Certified Counselors, Inc. and Affiliates/Master Additions Counselor (NBCC)). All must have knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.

Substituted Specimen means a specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine.

USCG means the United States Coast Guard, an agency of the United States Department of Homeland Security (DHS) and the Department of Transportation (DOT).

Vehicle means a rubber-tired bus, van, automobile or non-revenue commercial motor vehicle; or a fixed guideway rail car, streetcar or trolley car; or a vessel. A mass transit vehicle is a vehicle used for mass transportation or for ancillary purposes.

Verified Negative Drug Test Result means a drug test result reviewed by a Medical Review Officer and determined to have no evidence of prohibited drug use.

Verified Positive Drug Test Result means a drug test result reviewed by a Medical Review Officer and determined to have evidence of prohibited drug use.