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<br />I <br />I. Controlled Substance - means those substances whose distribution is controlled <br /> by regulation or statute including, but not limited to, narcotics, depressants, <br />I stimulants, hallucinogens, and cannabis. Also includes all substances listed on . <br /> Schedule 1-5 as defined by 21 U.S.C. 802, as they may be revised from time to <br />I time (21 C.F.R., Part 1308). <br /> Subpart <br />I 40.3 DHHS - The Department of Health and Humans Services or any designee of the <br /> Secretary of the Department of Health and Human Services. <br />I 40.3 DOT Agency - an agency (operating administration) of the United States <br /> Department of Transportation administering regulations requiring alcohol and/or <br /> drug testing in accordance with 49 C.F.R., Part 40. <br />. 382. Driver - any person who operates or maintains a commercial motor vehicle. This <br /> 107 includes, but is not limited to full-time, regularly employed drivers, part-time and <br />I temporary drivers, leased drivers and independent owner/operator contractors who <br /> are either directly employed by or under lease to the City or who operate a <br /> commercial motor vehicle at the direction of or with the consent of the City. For <br />I the purposes of pre-employmentlpre-duty testing only, the term "driver" includes <br /> a person applying to the City for employment to drive a commercial motor <br />I- vehicle. <br /> Drug - means any substance (other than alcohol) that is a controlled substance as <br />I defined in 49 C.F.R., Part 382 and 49 C.F.R., Part 40. <br />I 40.3 EBT (Evidential Breath Testing Device) - an EBT approved by the National <br /> Highway Traffic Safety Administration (NHTSA) for the evidential testing of <br /> breath and placed on NHTSA's "Conforming Products List of Evidential Breath <br />, Measurement Devices." <br /> Employer - The City of Arden Hills acting through its City Administrator or a - <br />, designee of the City Administrator. <br />I FHW A - The Federal Highway Administration. <br /> 40.3 MRO - Medical Review Officer. A licensed physician (medical doctor or doctor <br />I of osteopathy) responsible for receiving laboratory results generated by an <br /> employer's drug testing program, who has knowledge of substance abuse <br /> disorders and has appropriate medical training to interpret and evaluate a driver's <br />, confirmed positive test result together with a driver's medical history and any <br /> other relevant biomedical information. <br />,- 4 <br />I <br />