New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM › Section 16:64-9.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Alcohol" means ethyl alcohol (ethanol). References to use or
				  possession of alcohol include use of a beverage, mixture, or preparation
				  containing ethyl alcohol.
"BreathScan" means a portable breathalyzer with the trade
				  name BreathScan found suitable by the National Highway Traffic Safety
				  Administration as a first line test for breath alcohol concentration
				  quantification or its equivalent.
"Chemical drug test" means a scientifically recognized test,
				  which analyzes an individual's breath, blood and/or urine, for evidence of drug
				  or alcohol use.
"Controlled substance" means a controlled substance listed in
				  Schedules I through V of
				  21 U.S.C. §
										812.
"Conviction" means a finding of guilt (including a plea of
				  nolo contendere) or imposition of sentence, or both, by any judicial body
				  charged with the responsibility to determine violations of criminal drug
				  statutes or driving under the influence in violation of a motor vehicle
				  statute.
"Criminal drug statute" means any Federal or State criminal
				  statute involving the manufacture, distribution, dispensing, use, or possession
				  of any controlled substance or drug.
"Dangerous drug" means a narcotic drug, controlled substance,
				  and/or marijuana as defined in
				  21
				  U.S.C. §
										802.
"Fails a chemical drug test for dangerous drugs" means that
				  the result of a chemical test conducted pursuant to this chapter is reported as
				  positive by a Medical Review Officer because the chemical test indicated the
				  presence of a dangerous drug or drug metabolite.
"Intoxicated" as used throughout
				  12:8-1 et seq. means to have a
				  positive alcohol test.
"Medical Review Officer" or "MRO" means a person who is a
				  licensed physician and who is responsible for receiving and reviewing
				  laboratory results generated by an employers drug testing program and
				  evaluating medical explanations for certain drug test results as set forth in
				  46 CFR
				  16.105 and 49 CFR 121.
"On duty" means any time period during which a pilot or
				  apprentice is engaged in pilotage operations or related duties.
"Pass or passes a chemical drug test" means the result of a
				  chemical test is reported as "negative" for the presence of dangerous drugs or
				  drug metabolites by a Medical Review Officer.
"Positive alcohol test" means a blood alcohol concentration
				  of .04 percent or greater as measured by grams of alcohol per 100 milliliters
				  of blood, or grams of alcohol per 210 liters of breath.
"Subject to being called on duty" means any time period
				  during which a pilot or apprentice is required to be available to be called "on
				  duty" by the Pilots Association or the Independent Pilots Association.
"User of dangerous drugs" means an individual who fails a
				  test for dangerous drugs.
"Workplace" means any location at which pilotage or related
				  duties are performed including, but not limited to, vessels, motor vehicles,
				  offices or government facilities.