23-493. Definitions

In this article, unless the context otherwise requires:

1. "Alcohol" means ethanol, isopropanol or methanol.

2. "Current use of any drug" means drug use that has occurred recently enough to justify an employer's reasonable belief that involvement with drugs is ongoing.  Current use of any drug is not limited to any specific time frame and depends on the facts of each individual case.

3. "Drugs" means any substance considered unlawful under the schedules of the controlled substances section of the comprehensive drug abuse prevention and control act of 1970, as amended, (P.L. 91-513; 84 Stat. 1247; 21 United States Code section 812) or pursuant to title 13, chapter 34 or the metabolite of the substance.

4. "Employee" means any person in the service of an employer.

5. "Employer" means this state, a political subdivision of this state or any person, firm, company, corporation, labor organization, employment agency or joint labor-management committee, including any public utility, transit district or special taxing district organized pursuant to title 48, chapter 17 or 22, that has one or more full-time employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. 

6. "Good faith" means reasonable reliance on fact, or that which is held out to be factual, without the intent to deceive or be deceived and without reckless or malicious disregard for the truth.  Good faith does not include a belief formed with gross negligence.  A good faith belief may be based on any of the following:

(a) Observed conduct, behavior or appearance.

(b) Information reported by a person believed to be reliable, including a report by a person who witnessed the use or possession of drugs or drug paraphernalia at work.

(c) Written, electronic or verbal statements.

(d) Lawful video surveillance.

(e) Records of government agencies, law enforcement agencies or courts.

(f) Results of a test for the use of alcohol or drugs.

(g) Other information reasonably believed to be reliable or accurate.

7. "Impairment" means symptoms that a prospective employee or employee while working may be under the influence of drugs or alcohol that may decrease or lessen the employee's performance of the duties or tasks of the employee's job position, including symptoms of the employee's speech, walking, standing, physical dexterity, agility, coordination, actions, movement, demeanor, appearance, clothing, odor, irrational or unusual behavior, negligence or carelessness in operating equipment, machinery or production or manufacturing processes, disregard for the safety of the employee or others, involvement in an accident that results in serious damage to equipment, machinery or property, disruption of a production or manufacturing process, any injury to the employee or others or other symptoms causing a reasonable suspicion of the use of drugs or alcohol.

8. "Prospective employee" means any person who has made application to any employer, whether written or oral, to become an employee.

9. "Safety-sensitive position" means any job designated by an employer as a safety-sensitive position or any job that includes tasks or duties that the employer in good faith believes could affect the safety or health of the employee performing the task or others, including any of the following:

(a) Operating a motor vehicle, other vehicle, equipment, machinery or power tools.

(b) Repairing, maintaining or monitoring the performance or operation of any equipment, machinery or manufacturing process, the malfunction or disruption of which could result in injury or property damage.

(c) Performing duties in the residential or commercial premises of a customer, supplier or vendor.

(d) Preparing or handling food or medicine.

(e) Working in any occupation regulated pursuant to title 32.

10. "Sample" means urine, blood, breath, saliva, hair or other substances from the person being tested.