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Page 5 <br /> 40.3 DOT Agency - an agency (operating administration) of the United States <br /> Department of Transportation administering regulations requiring alcohol <br /> and/or drug testing in accordance with 49 C.F.R., Part 40. <br /> 382.107 Driver - any person who operates or maintains a commercial motor vehicle. <br /> This includes, but is not limited to full-time, regularly employed drivers, <br /> part-time and temporary drivers, leased drivers and independent owner/ <br /> operator contractors who are either directly employed by or under lease to <br /> the City or who operate a commercial motor vehicle at the direction of or <br /> with the consent of the City. For the purposes of pre-employment/pre-duty <br /> testing only, the term "driver" includes a person applying to the City for <br /> employment to drive a commercial motor vehicle. <br /> Drug - means any substance (other than alcohol) that is a controlled <br /> substance as defined in 49 C.F.R., Part 382 and 49 C.F.R., Part 40. <br /> 40.3 EBT (Evidential Breath Testing Device) - an EBT approved by the <br /> National Highway Traffic Safety Administration (NHTSA) for the evidential <br /> testing of breath and placed on NHTSA's "Conforming Products List of <br /> Evidential Breath Measurement Devices." <br /> • Employer - The City of St. Anthony acting through its City Manager or a <br /> designee of the City Manager. <br /> FHWA - The Federal Highway Administration. <br /> 40.3 MRO - Medical Review Officer. A licensed physician (medical doctor or <br /> doctor of osteopathy) responsible for receiving laboratory results generated <br /> by an employer's drug testing program, who has knowledge of substance <br /> abuse disorders and has appropriate medical training to interpret and evaluate <br /> a driver's confirmed positive test result together with a driver's medical <br /> history and any other relevant biomedical information. <br /> 382.107 Performing a Safety Sensitive Function - a driver is considered to be <br /> performing a safety sensitive function during any period in which the driver <br /> is actual performing, ready to perform, or immediately available to perform, <br /> or in a state of readiness to perform any safety sensitive function while on <br /> duty. <br /> Random Selection - means a mechanism for selection of employees for <br /> testing where each employee has an equal chance of being testing each time <br /> selections are made. <br />