Definitions

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Definitions

Alcohol - Any substance that may be consumed and that has an alcoholic content in excess of 0.5 percent by volume

Alcohol and Drugs - Alcohol or drugs or both.

Alcohol and Drug Test - A test administered in accordance with the work rule of this Alcohol and Drug Policy.

Alcohol and Drug Work Rule - The Alcohol and Drug work rule set out in this Alcohol and Drug Policy.

Company – means the same as Employer.

Designated Employer Representative - The person designated to communicate with the testing provider and the Employer and who will receive all confidential records and invoices.

Drug Paraphernalia - Includes any personal property which is associated with the use of any drug, substance, chemical or agent the possession of which is unlawful in Canada.

Drugs - Include any drug, substance, chemical or agent the use or possession of which is unlawful in Canada or requires a personal prescription from a physician, or non-prescription medication lawfully sold in Canada and drug paraphernalia.

Employee - Means any person engaged in work on a site where this policy applies.

Employee Assistance Program (EAP) – Services that are designed to help employees who are experiencing personal problems such as alcohol and drug abuse.

Employee Family Assistance Program (EFAP) - Services that are designed to help employees who are experiencing personal problems such as alcohol and drug abuse.

Employer - A corporation, partnership, association, joint venture, trust or organizational group of persons whether incorporated or not, a person or entity who controls and directs the activities of an employee under an express or implied contract of employment.

Employer Workplace - Includes all real or personal property, facilities, land, buildings, equipment, containers, vehicles, vessels, boats, and aircraft whether owned, leased or used by the company and wherever it may be located.

Incident - An occurrence, circumstance or condition that caused or had the potential to cause damage to person, property, reputation, security or the environment.

Laboratory - A laboratory certified by the United States Department of Health and Human Services under the National Laboratory Certification Program. A laboratory providing oral fluid based drug testing services or urine-based drug testing services must be certified by the United States Department of Health and Human Services under the National Laboratory Certification Program. A laboratory providing oral fluid-based drug testing services must ensure that the oral fluid testing be performed in such a manner that: (1) acceptable forensic practices and quality systems are maintained; (2) specimen validity testing is deployed; (3) regular independent audits occur; and (4) proficiency test samples are included.

Manager - Includes team leaders and other persons in authority.

Medical Review Officer (MRO) - A licensed physician with knowledge of substance abuse disorders and the ability to evaluate an employee’s positive test results who is responsible for receiving and reviewing laboratory results generated by an Employer’s drug testing program and evaluating medical explanations for certain drug test results.

Near Miss - Any event or action which under slightly different circumstances could have resulted in injury to people, equipment loss, or harm to the surrounding environment.

Negative Test Result - A report from the medical review officer and/or breath alcohol technician that the employee who provided a specimen for alcohol and drug testing did not have an alcohol and/or drug concentration level equal to or in excess of that set out in the table below.

Owner/Project Owner - The person in legal possession of a site.

Positive Test Result - A report from the medical review officer that the employee who provided a specimen for alcohol and drug testing did have an alcohol or drug concentration level equal to or in excess of that set out in this policy.

Pre-access Testing - Alcohol and drug testing of employees in safety sensitive positions to gain and or maintain access to the Employer or client sites where safety is a bona fide occupational requirement.

Reasonable Grounds - Includes information established by the direct observation of the employees conduct or other indicators, such as the physical appearance of the employee, the smell associated with the use of alcohol or drugs on his person or in the vicinity of his or her person, his or her attendance record, circumstances surrounding an incident or near miss and the presence of alcohol, drugs or drug paraphernalia in the vicinity of the employee or the area where the employee worked.

Rehabilitation Program - A program tailored to the needs of an individual which may include education, counseling and residential care offered to assist a person to comply with the alcohol and drug work rule.

Safety Sensitive Position – A position in which the individual has a key and direct role in an operation where performance limitations due to substance abuse could result in a significant incident or near miss.  The potential consequences of such an incident or near miss may include fatalities, serious injury to workers or the public, significant property damage, significant environmental damage or detrimental impact to reputation.

Substance Abuse Expert (SAE) - A licensed physician; a licensed or certified social worker; a licensed or certified psychologist; a licensed or certified employee assistance expert; or an alcohol and drug abuse counselor.  He or she has received training specific to the SAE roles and responsibilities, has knowledge of and clinical experience in the diagnosis and treatment of substance abuse related disorders and has understanding of the safety implications of substance use and abuse.

Supervisor - The person who directs the work of others and may depending on the nature of the Employer’s structure, include the foreman, general foreman, supervisor, superintendent and team leader.

Tamper - To alter, meddle, interfere or change.

Work - Includes training and any other breaks from work while at an Employer workplace.

Work Site - A place at which a person performs work for an owner or Employer.