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HomeMy WebLinkAboutDefinitionsDEFINITIONS Chain of Custody refers to the methodology of tracking specified materials, specimens, or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials, specimens, or substances and providing for accountability at each stage in handling, testing, storing materials, specimens, or substances and reporting of test results. Collection Site means a place where individuals present themselves for the purpose of providing a specimen to be analyzed for the presence of drugs or alcohol. Company means the entity that provides employment. Confirmation test, confirmed test, or confirmed substance abuse test means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen. The confirmation test must be different in scientific principle from that of the initial test procedure. The confirmation method must be capable of providing requisite specificity, sensitivity and quantitative accuracy. Controlled Substance is any substance which is not legally obtainable or which can only'be legally obtained by prescription from a licensed medical practitioner. CG/MS means gas chromatography/mass spectrometry. Drug means alcohol, including a distilled spirit, wine, a malt beverage, or an intoxicating liquor; an amphetamines; a cannabinoid; cocaine, phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a barbiturate; a benzodiazepine; a synthetic narcotic; a designer drug; or a metabolite of any substances listed in this paragraph. (Company Name) may test an Individual for any or all of such drugs. Employee means any person who works for salary, wages or other remuneration for an employer. Employee Assistance Program means a program designed to assist in the identification and resolution of job performance problems associated with employees impaired by personal concerns. A minimum level of core services must include consultation and training; professional, confidential, appropriate, and timely problem assessment services; short-term problem resolution; referrals for appropriate diagnosis, treatment, and assistance; follow-up and monitoring; employee education; and quality assurance. Employer means a person or entity that is subject to the provisions of this chapter but shall not include the state or any department, agency, or instrumentality of the state; any county; any county or independent school system; any municipal corporation; or any employer which is self-insured for the purposes of this chapter. Impairment This policy is primarily concerned with the effects of alcohol/drug use in performance, regardless of when the substances were ingested. This concern, therefore, considers impairment as not only being under the influence of a substance, but also the after-effects of usage, e.g., hangover, withdrawal symptoms, fatigue, etc. Initial Test means a sensitive, rapid and reliable procedure to identify negative and presumptive positive specimens. All initial tests shall use an immunoassay procedure or an equivalent, or a more accurate scientifically accepted method approved by the United States Food and Drug Administration or the Agency for Health Care Administration as such more accurate technology becomes available in a cost-effective form. Job Applicant means a person who has applied for a position with an employer and has been.offered employment conditioned upon successfully passing a substance abuse test, and may have begun work pending the results of the drug test. Medical Review Officer or MRO means a licensed physician, employed with or contracted with an employer, who has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody collection procedures; who verifies positive, confirmed test results; and who has the necessary medical training to interpret and evaluate an employee's positive test result in relation to the employee's medical history or any other relevant biomedical information. Non Prescription Medication means a medication that is authorized pursuant to state or federal law for general distribution and use without a prescription in the treatment of human disease, ailments or injuries. Prescription Medication means a drug or medication lawfully prescribed by a physician for an individual and taken m accordance with such prescription. Post Treatment Testing (Follow -Up Testing) If you enter the Employee Assistance Program for drug or alcohol related problems or enter an alcohol or drug rehabilitation program, you must submit to drug or alcohol testing as a follow-up to such a program at least annually for two (2) years after completion of the program. Reasonable Suspicion Testing: An employee may be required to submit for testing when the employer has a reasonable suspicion, as defined in Chapter 440.102 (n). This portion of the law states; " — "Reasonable suspicion testing" means drug testing based on belief that an employee is using or has used drubs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience." Among other things, such facts and inferences may be based upon the following: 1. Observable Phenomenon while at work, such as direct observation of drug use or of the physical symptoms or manifestations Of being under the influence of a drug. 2. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. 3. A report of dre? use provided by a reliable and credible source. 4. Evidence that an individual has tampered with a drug test during his/her employment with the current employer. 5. Information that an employee has caused, or contributed, or been involved in an accident while at work. 6. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment. Rehabilitation Program means an established program capable of providing expert identification, assessment, and resolution of employee drug or alcohol abuse in a confidential and timely service. This service shall in all cases be provided by persons licensed or appropriately certified as health professionals to provide .drug or alcohol rehabilitative services. Specimen means tissue, hair, or a product of the human body capable of revealing the presence of drugs or their metabolites, as approved by the United Sates Food and Drug Administration or the Agency for Health Care Administration. Training Employees may be trained on substance abuse symptom recognition, but training is not a statutory requirement.