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Driver - any person who operates or maintains commercial motor vehicle. This includes, but is not <br />limited to: full-time, regularly employed drivers; part-time and temporary drivers; leased drivers and <br />independent owner/operator contractors who are either directly employed by or under lease to the <br />employer or who operate a commercial motor vehicle at the direction of or with the consent of the <br />employer. For the purposes of pre-employment/pre-duty testing only, the term driver includes a person <br />applying to the City for employment to drive a commercial motor vehicle. <br />EBT (Evidential Breath Testing Device) - an EBT approved by the National Highway Traffic Safety <br />Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming <br />Products list of Evidential Breath Measurement Devices." <br />FHWA. - The Federal Highway Administration. <br />MRO - Medical Review Officer. A licensed physician responsible for receiving laboratory results <br />generated by an employer's drug testing program who has knowledge of substance abuse disorders <br />and has appropriate medical training to interpret and evaluate a driver's confirmed positive test result <br />together with driver's medical history and any other relevant biomedical information. <br />Performing (A safety sensitive function) - a driver is considered to be performing a safety sensitive <br />function during any period in which the driver is actually performing, ready to perform, or immediately <br />available to perform, or in a state of readiness to perform any safety sensitive function while on duty. <br />Reasonable Suspicion - means that the City believes the appearance, behavior, speech or body odors <br />of a driver are indicative of the use of a controlled substance or alcohol based on the observation of <br />at least one (1) supervisor or official who has received training in the identification of behaviors <br />indicative of drug and alcohol use. <br />Refuse to Submit (to an alcohol or a controlled substances test) - occurs when a driver: <br />(a) fails to provide adequate breath for testing without a valid medical explanation after <br />the driver has received notice of the requirement for breath testing in accordance with <br />the provisions of this part, <br />(b) fails to provide adequate urine for controlled substances testing without a valid medical <br />explanation after the driver has received notice of the requirement for urine testing in <br />accordance with the provisions of this policy and federal regulation, or <br />(c) engages in conduct that clearly obstructs the testing process. <br />3 <br />