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10. DHHS ... The Department of Health and Human Services or any designee of <br />• the secretary, Department of Health and Human Services. <br />11. Driver ... An employee of the City who drives a CMV or performs other safety - <br />sensitive functions on a CMV as part of his or her employment. Employees of <br />the City who do not drive a CMV or perform other safety- sensitive functions <br />on a CMV are not employees for purposes of this Policy. <br />12. Dru ...means any substance (other than alcohol) that is a controlled <br />substance as defined in this section and 49 C.F.R. Part 40. <br />13. Evidential Breath Testing Device (EBT) ... means an EBT approved by <br />the National Highway Traffic Safety Administration (NHSA) for the <br />evidential testing of breath. <br />14. FHWA ... The Federal Highway Administration. <br />15. Medical Review Officer (MRO) ... means a licensed physician responsible <br />for receiving laboratory results generated by an employer's drug testing <br />program who has knowledge of substance abuse disorders and has <br />appropriate medical training to interpret and evaluate an individual's <br />confirmed positive test result together with his or her medical history and <br />any other relevant biomedical information. <br />• 16. Performing (a safety- sensitive function) ... a driver is considered to be <br />performing a safety - sensitive function during any period in which he or she is <br />actually performing, ready to perform, or immediately available to perform <br />any safety- sensitive function. <br />17. Random Selection... means a mechanism for selection of drivers for testing <br />where each driver has an equal chance of being tested each time selections <br />are made. <br />18. Reasonable Suspicion... means that the City believes the appearance, <br />behavior, speech or body odors of a driver are indicative of the use of a <br />controlled substance or alcohol based on the specific, contemporaneous, and <br />articulable observation of at least one (1) supervisor or official who has <br />received training in the identification of behaviors indicative of drug and <br />alcohol use. <br />19. Refuse to Submit (to an alcohol or controlled substance test) ... means <br />that a driver: <br />A. Fails to provide adequate breath for testing without a va.lid <br />medical explanation after he or she has received notice of the <br />requirement for breath testing; <br />B. Fails to provide adequate urine for controlled substances testing <br />without a valid medical explanation after he or she has received <br />notice of the requirement for urine testing; or <br />page 3 <br />