Texas Register, Volume 23, Number 49, Part IV, Pages 12451-12559, December 4, 1998 Page: 12,460
12451-12559 p. ; 28 cm.View a full description of this periodical.
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(A) is on board a vessel acting under the authority
of a license, certificate of registry, or merchant mariner's document
whether or not the individual is a member of the vessel's crew,
(B) is engaged or employed on board a vessel owned
in the United States that is required by law or regulation to engage,
employ, or be operated by an individual holding a license, certificate
of registry, or merchant mariner's document;
(C) occupies a position, or performs the dutia =at
functions of a position, required by the vessel's Certifieate of
Inspection;
(D) performs the duties and functions of patrolman or
watchmen; or
(E) is specifically assigned the duties ofwarning, mu
tiring, or controlling the movement of passengers during emergena
cies.
(17) Dangerous chemical or material - A flammable,
combustible, toxic, or corrosive chemical or material which has the
potential to cause serious bodily harm to the traveling public and
other employees if handled improperly.
(18) Dangerous drug - A narcotic drug, controlled sub-
stance, and marijuana as defined in the Comprehensive Drug Abuse
Prevention and Control Act of 1970, 21 U.S.C. 802.tion.
(19) Department - The Texas Department of Transporta-
(20) DHHS guidelines - Mandatory Guidelines for Fed-
eral Drug Testing Programs of the U.S. Department of Health and
Human Services (53 Fed. Reg. 11970, April 11, 1988).
(21) Directly involved - Involvement in a serious accident
or a serious marine accident on a department ferry, in which the
involved employee's order, action, or failure to act is determined to
be, or cannot be ruled out as, a causative factor in the events leading
to or causing that accident.
(22) District - One of 25 geographical areas, managed by
a district engineer, in which the department conducts its primary work
activities.
(23) District engineer - The chief administrative officer in
charge of a district of the department.
(24) Division - An organizational unit in the department's
Austin headquarters.
(25) Division director - The chief administrative officer of
a division of the department.
(26) Drive for the department - Driving a vehicle, includ-
ing an employee's personal vehicle, when driven during the course
and scope of employment, or operating motor-driven equipment, in-
cluding but not limited to rollers, tractors, graders, ferries, and air.
raft for the department, notwithstanding ownership of the vehicle or
equipment and the frequency of driving or operating duties.
(27) Drug test - A scientifically recognized chemical
test administered in accordance with DHHS guidelines and which
analyzes an individual's urine for evidence of marijuana, oCaine,
opiates, phencyolidine (PCP), and amphetamines. This test consists of
laboratory testing in two parts, an initial tet and a confirmatory test,
respectively conducted with portions of the same original specimen.
(28) DUI/DWI Policy and Driving Requirements Policy
Statement of Notification - A department form signed by employeewhich acknowledges their awareness of the DUI/DWI policy and
Driving Requirements policy.
(29) Employee - A person employed by the department
in a full-time, part-time, temporary, project, or seasonal position.
This does not include a temporary employee under contract to the
department
(30) Employee Assistance Program (EAP) - A program
designed to assist employees and their immediate family members
in dealing with emotional and personal problems, including alcohol,
inhalant, and drug abuse, affecting or potentially affecting the
employee's work performance and safety.
(31) Employee Assistant Program counselors - Licensed
physicians (Medical Doctors or Doctors of Osteopathy), or licensed
or certified psychologists (Texas State Board of Examiners of Psy-
chologists or other regulating board), social workers (Texas State
Board of Social Worker Examiners or other regulating board), em-
ployee assistance professionals (Employee Assistance Professionals
Association, Inc. or other regulating board), or addiction counselors
(certified by the National Association of Alcoholism and Drug Abuse
Counselors Certification Commission or by the International Certifi-
cation and Reciprocity Consortium/Alcohol and Other Drug Abuse
or other regulating board) with knowledge of and clinical experience
in the diagnosis and treatment of alcohol and drug-related disorders.
(32) Evidential breath testing device (EBT) - A device
approved by the National Highway Traffic Safety Administration
(NHTSA) for the evidential testing of breath and placed on NHTSA's
"Conforming Products List of Evidential Breath Measurement De-
vices" (CPL).
(33) Final applicant - A person who is given a conditional
offer of initial employment, or a department employee who is
conditionally approved for a transfer or promotion.
(34) Human Resources Division - An organizational unit
in the department's Austin headquarters which oversees human
resource functions for the department
(35) Impaired performance - The inability to perform
assigned duties or to perform those duties in a safe and effective
manner.
(36) Inappropriate use of an inhalant - The use of an
inhalant in a manner other than that for which it was intended and
which causes or is known to cause intoxication.
(37) Incident - An action or situation that raises a reason-
able suspicion of drug or alcohol misuse.
(38) Inhalant - A breathable chemical that produces mind-
altering vapors, including but not limited to volatile solvents, aerosols,
nitrites, and anesthetics.nation.
(39) Investigation The collection and analysis of infor-
(40) Laboratory - A laboratory certified to meet the
standards of the DHII guidelines.
(41) Mandatory referral - A referral to the EAP which
requires an employee to report to the EAP and successfully complete
treatment or be terminated from employment with the department.
(42) Medical review officer (MRO). A licensed physician
(medical doctor or doctor of osteopathy) responsible for receiving
laboratory results generated by the department's program who has
knowledge of substance abuse disorders, a appriat medical
trai g to iterpret ad valut an individual's confirmed positive23 TReg 12460 December 4,1998 Thxas Register
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Texas. Secretary of State. Texas Register, Volume 23, Number 49, Part IV, Pages 12451-12559, December 4, 1998, periodical, December 4, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379984/m1/20/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.