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April 20, 2009 (Regular Meeting) Page 1320 H. DOT Regulated Employee (DOT Employee) - Employees with duties regulated by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMCSA), and Federal Transit Administration (FTA). I. Drug Test or Screening - Any accepted scientific means to determine the presence of controlled substances, including but not limited to laboratory analysis of urine, blood, or hair. J. Employee - Any person employed (whether full time, part time, or on a temporary basis) by Cabarrus County or considered an employee in accordance with IRS regulations. K. Illegal Drugs - Substances that are (1) not legally obtainable; (2) legally obtainable but have been obtained or used in an unlawful manner or in a manner other than as prescribed and directed by an employee's treating physician or the manufacturer; (3) so called "`designer drugs," "look-a-likes," "synthetic drugs," and similar substances, even if not specifically prohibited by state or federal law; (4) substances which are inhaled, injected, ingested or absorbed, but which are not intended for human consumption (such as glue, solvents, or patches), even if not specifically prohibited by state or federal law. Examples of illegal drugs include (but are not limited to) amphetamines, barbiturates, cocaine, marijuana, methaqualone, opiates and phencyclidine (PCP). L. Lawful Drugs - Those prescribed or over the counter medications that are lawfully obtained and used as prescribed and directed by an employee's treating physician or the manufacturer's recommendations or for the purpose and in the manner for which prescribed or manufactured. M. MRO (Medical Review Officer) - A licensed physician trained to make the final determination of whether a test for the presence of a controlled substance is positive or negative. N. Metabolite - The chemical or compound produced when a particular substance is passed through the human body and excreted in the urine. 0. NCGS - North Carolina General Statutes. P. Policy Administrator -The human resources director or designee responsible for the administration of the Cabarrus County Drug Free Workplace Policy. Q. Positive Alcohol Test - Identification of an alcohol content level at or above 0.04$ by use of an alcohol test. (See Section III, B, 3 and 9 for a possible exception.) R. Positive Drug Test - Identification of a controlled substance at or above the threshold values designated by SAMSHA in a drug test and confirmed by gas chromatography with mass spectrometry (GCMS). S. Reasonable Suspicion - A decision for alcohol or drug testing based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, body odors, or performance of the employee. T. Retaliatory Actions - The discharge, suspension, demotion, relocation, or other adverse employment action taken against an employee in the terms, conditions, privileges, and benefits of employment. U. Safety-Sensitive Position - Position with duties that involve such a significant risk of injury to others that even a momentary lapse of attention can have disastrous consequences. These positions are identified by the human resources director based on duties and responsibilities of the employee. Included are law enforcement officers, emergency medical technicians, employees operating a vehicle owned by the County or a personal vehicle which is used as a major part of their work, and DOT regulated employees. Employees are advised if they occupy a safety-sensitive position. V. SAMSHA - Substances Abuse and Mental Health Services Administration. W. Substance Abuse - For the purpose of this policy any use of alcohol, an illegal drug, or a lawful drug which directly and adversely affects job performance or safety.