SECTION 340:2-15-41. Definitions

  The following words and terms, when used in this Part, shall have the following meanings unless the context clearly indicates otherwise:

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

"Affected individual" means an applicant, employee, or volunteer who possesses a commercial driver's license and operates a commercial motor vehicle as defined in this Part. This includes, but is not limited to, full time, regularly employed drivers; casual, intermittent, or occasional drivers; leased or independent drivers; and anyone spending any time at the driving controls of any DHS commercial vehicle as defined elsewhere in this policy.

"Applicant" means an individual making application through either initial hire, transfer, demotion, or promotion into a Department position requiring alcohol and drug testing.

"Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

(A)   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;

(B)   has a gross vehicle weight rating of 26,001 or more pounds;

(C)   is designed to transport 16 or more passengers, including the driver; or

(D)   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 Federal Hazardous Materials Regulations.

"Confirmation test for 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.

"Confirmation test for drug testing" means a second analytical procedure to identify the presence of a specific drug or the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. Gas chromatography/mass spectrometry is the confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine.

"DER" means the DHS designated employer representative assigned the responsibility for overseeing the Department's federal alcohol and drug testing program.

"Drugs" means a federally controlled substance including marijuana, cocaine, amphetamines, opiates, and phencyclidine (PCP).

"Employee" means an employee occupying a position within the Department who is subject to alcohol and drug testing.

"Evidential breath testing device " means the test approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath, placed on NHTSA's conforming products list of evidential breath measurement devices and identified as conforming with the model specifications available from the NHTSA, Office of Alcohol and State Programs.

"Medical review officer (MRO)" means a licensed medical doctor or doctor of osteopathy responsible for receiving laboratory results generated by an employer's drug testing program and who has knowledge of substance abuse disorders and appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information.

"Reasonable suspicion" means a reasonable belief based upon observable facts that an affected individual is using, has used, or is under the influence of alcohol or drugs. Observable facts include:

(A)   physical symptoms or direct observation of being under the influence of a drug or alcohol while on duty;

(B)   reported drug or alcohol use while on duty which has been independently corroborated;

(C)   evidence that an affected individual has tampered with an alcohol or drug test during employment; or

(D)   evidence that an affected individual is involved in the use, possession, sale, solicitation, or transfer of drugs while on duty or on DHS premises or operating a state or DHS vehicle, machinery, or equipment.

"Refusal to submit to an alcohol or drug test" means that a driver:

(A)   fails to appear for any test, except a pre-employment test, within a reasonable time, as determined by the employer and consistent with applicable United States Department of Transportation (DOT) agency regulations, after being directed to do so by the employer. This includes the failure of an employee to appear for a test when called by a Department provider of alcohol and drug testing services;

(B)   fails to remain at the testing site until the testing process is complete. Provided, that an employee who leaves the testing site before the testing process commences a pre-employment test is not deemed to have refused to test;

(C)   fails to provide a urine specimen for a drug test required by this Part or DOT agency regulations, provided that an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences for a pre-employment test is not deemed to have refused the test;

(D)   in the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the driver's provision of a specimen;

(E)   fails to provide a sufficient amount of urine when directed, and it has been determined through a required medical evaluation that there was no adequate medical explanation for the failure;

(F)   fails or declines to take a second test the employer or collector has directed the employee to take;

(G)   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. In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment;

(H)   fails to cooperate with any part of the testing process, such as refuses to empty his or her pockets when so directed by the collector or behaves in a confrontational way that disrupts the collection process; or

(I)   is reported by the MRO as having a verified adulterated or substituted test result.

"Screening test or initial test for alcohol" means an analytic procedure to determine whether an individual has a prohibited concentration of alcohol in a breath specimen.

"Screening test or initial test for drugs" means an immunoassay screening to eliminate negative urine specimens from further analysis by drug testing.

"Testing coordinator" means an individual or individuals selected by the DHS appointing authorities to administer the Department's alcohol and drug testing program within the appointing authority's respective area of responsibility.

"Volunteer" means an individual not employed by the Department but who provides volunteer services in a position that requires alcohol and drug testing.

[Source: Added at 13 Ok Reg 1533, eff 3-7-96 (emergency); Added at 14 Ok Reg 1301, eff 5-12-97; Amended at 19 Ok Reg 2182, eff 6-27-02]