Tenn. Comp. R. & Regs. 0800-02-12-.03 - DEFINITIONS
(1) "49 C.F.R., Part 40" as used in these
rules shall refer to the federal regulations pertaining to the testing of drugs
or alcohol as promulgated pursuant to the authority of the United States
Department of Transportation, compiled at 49 Code of Federal Regulations
(C.F.R.), Part 40 in effect on the day of any drug or alcohol testing performed
pursuant to these Rules.
(2)
"Alcohol" as used in these rules shall mean the intoxicating agent in beverage
alcohol, ethyl alcohol, or other low molecular weight alcohols, including
methyl or isopropyl alcohol.
(3)
"Alcohol test" means an analysis of breath or blood, or any other analysis
which determines the presence, absence, or level of alcohol as authorized by
the relevant regulations of the United States Department of Transportation (49
C.F.R., Part 40).
(4) "Certified
laboratory" means any facility equipped to perform the procedures prescribed in
this chapter, in accordance with the standards of the United States Department
of Health and Human Services (HHS), Substance Abuse and Mental Health Services
Administration (SAMHSA), or the College of American Pathologists-Forensic Urine
Drug Testing (CAP-FUDT).
(5) "Chain
of Custody" means the methodology of tracking specified materials or substances
for the purpose of maintaining control and accountability from initial
collection to final disposition for all such materials or substances and
providing accountability at each stage in handling, testing, and storing
specimens and reporting test results.
(6) "Confirmed alcohol test" means a second
test used to identify the presence and level of alcohol in an individual. The
required testing device must be on the National Highway Traffic Safety
Administration (NHTSA) conforming products list.
(7) "Confirmed drug test" means a second
analytical procedure used to identify the presence of a specific drug or
metabolite in a specimen, which test must be different in scientific principle
from that of the initial test procedure and must be performed by a certified
laboratory.
(8) "Covered employer"
means a person or entity that employs one (1) or more persons, is covered by
the Workers' Compensation Law, and maintains a certified drug-free workplace
pursuant to these rules.
(9) "Drug"
means such a substance as recognized or defined by the U.S. Food and Drug
Administration; a chemical substance, such as a narcotic or hallucinogen, that
affects the central nervous system, causing changes in behavior and has a risk
of addiction or dependency.
(10)
"Drug Rehabilitation Program" means a service provider that provides
confidential, timely, and expert identification, assessment, and resolution of
employee drug or alcohol use.
(11)
"Employee" shall have the same definition as "Employee" as stated in T.C.A.
Section 50-9-103.
(12) "Employee Assistance Program" means an
established program capable of providing expert assessment of employee personal
concerns; confidential and timely identification services with regard to
employee drug or alcohol abuse; referrals of employees for appropriate
diagnosis, treatment, and assistance; and follow-up services for employees who
participate in the program or require monitoring after returning to work. If,
in addition to the above activities, an employee assistance program provides
diagnostic and treatment services, these services shall in all cases be
provided by the program.
(13)
"Employer" shall have the same definition as "Employer" as stated in T.C.A.
Section 50-9-103.
(14) "Healthcare practitioner" or
"practitioner" means any person required to be licensed, permitted, certified,
or authorized:
(a) Under title 63 by a board
or committee under the division of health-related boards specified in T.C.A.
Section 68-1-101(a)(8),
who has humans for patients; or
(b)
Under title 68, chapter 24, part 6; or
(c) Under title 68, chapter 140.
(15) "Injury" shall have the same
definition of "injury" as found in T.C.A. Section
50-6-102.
(16) "Initial drug or alcohol test" means a
"screening test" or "initial test" pursuant to regulations governing drug or
alcohol testing adopted by the United States Department of Transportation (49
C.F.R., Part 40).
(17) "Job
Applicant" means a person who has applied for a position with a covered
employer and has been offered employment conditioned upon successfully passing
a drug test or alcohol screening, and may have begun work pending the results
of the drug test or alcohol screening.
(18) "Medical Review Officer" or "MRO" means
an MRO-certified and licensed physician who has knowledge of substance abuse
disorders, laboratory testing procedures, and chain of custody collection
procedures; who verifies as positive a confirmed test result; 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.
(19) "Point
of Collection Test" or "Point of Collection Testing" means the use of one of
the approved devices listed on the Bureau of Workers' Compensation website
which are performed by the collector at the place and at the time the specimen
is provided.
(20)
(a) "Prohibited Levels" for a drug or a
drug's metabolites means cut-off levels on a confirmed drug test which are
equal to or exceed the levels as listed on the Bureau's website and shall be
considered to be presumptively positive;
(b) "Prohibited Levels" for alcohol means
cut-off levels on a confirmed alcohol test which are equal to or exceed the
levels listed on the Bureau's website and shall be considered to be
presumptively positive.
(21) "Reasonable-Suspicion" means testing
based on a belief that an employee is using or has used drugs or alcohol in
violation of the covered 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:
(a) Observable phenomena while at work, such
as direct observation of drug or alcohol use or of the physical symptoms or
manifestations of being under the influence of a drug or alcohol;
(b) Abnormal conduct or erratic behavior
while at work or a significant deterioration in work performance;
(c) A report of drug or alcohol use in the
workplace, provided by a reliable and credible source;
(d) Evidence that an individual has tampered
with a drug or alcohol test during his employment with his/her current covered
employer;
(e) Information that an
employee has caused, contributed to, or been involved in an accident or injury
involving anyone at work; or
(f)
Evidence that an employee has used, possessed, sold, solicited, or transferred
drugs or alcohol while working or while on the covered employer's premises or
while operating the covered employer's vehicle, machinery, or
equipment.
(g) An accident which
results in an injury to another individual or in property damage exceeding Five
Thousand Dollars ($5,000.00), or such minimum amount as set by U.S. DOT
Guidelines, if less, shall be presumed to constitute reasonable suspicion for
purposes of these rules.
(22) "Safety-Sensitive Position" shall have
the same definition as "Safety-Sensitive Position" as stated in T.C.A. Section
50-9-103.
(23) "Specimen" shall have the same
definition as "Specimen" as stated in T.C.A. Section
50-9-103.
(24) "Split Specimen" has the same definition
of "split specimen" as adopted by the United States Department of
Transportation (49 C.F.R. Part 40) on the date of alcohol or drug
testing.
Notes
Authority: T.C.A. ยงยง 50-9-103, 50-9-106, 50-9-109, and 50-9-111.
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