New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - DRUG AND ALCOHOL ABUSE › Section 1.7.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Alcohol" means all
				consumable non-prescription substances which contain alcohol, specifically
				including, without limitation, spirits, wine, malt beverages, and intoxicating
				liquors.
B. "Aliquot" means a
				portion of a urine specimen used for testing.
C. "Chain of custody" refers to procedures to
				account for the integrity of each specimen by tracking its handling and storage
				from point of specimen collection to final disposition of the specimen. In any
				dispute regarding chain of custody, the identity and integrity of the sample at
				issue may be established by a preponderance of the evidence.
D. "Confirmatory test" means a second
				analytical procedure to identify the presence of a specific drug or metabolite
				in a urine specimen by gas chromatography/mass spectrometry (GC/MS).
E. "Drug" means marijuana, cocaine, opiates,
				phencyclidine (PCP), and amphetamines; a metabolite of those drugs; or any
				non-prescription substance containing those drugs.
F. "Initial test" means an immunoassay screen
				which meets the requirements of the food and drug administration to eliminate
				negative specimens from further consideration.
G. "Medical review officer" means a New
				Mexico based and licensed physician knowledgeable in the medical use of
				prescription drugs and alcohol and the pharmacology and toxicology of illicit
				drugs and alcohol.
H.
				"Non-prescription" refers to all substances other than a substance prescribed
				by a doctor or licensed health professional to the employee or particular
				candidate.
I. "On duty" means any
				time during an employee's regular workday or other period during which the
				employee is required or permitted to work by the employer, including overtime,
				lunch and other breaks, and anytime while operating or riding in a state
				vehicle.
J. "Possession" means to
				knowingly have, own, or have on oneself the drug, the alcohol or
				both.
K. "Random selection basis"
				means a system for selecting employees or groups of employees for drug testing
				in a statistically random system based on a neutral criterion, such as
				employment or position numbers, without individualized suspicion that a
				particular employee is using drugs.
L. "Reasonable suspicion" means a belief
				drawn from specific objective and articulable facts and the reasonable
				inferences drawn from those facts.
M. "Safety-sensitive position" is a position
				approved as such by the board, including a supervisory or managerial position
				in which impairment by drug or alcohol use would constitute an immediate and
				direct threat to public health or safety and includes, but is not limited to,
				health care providers, peace officers, pilots, correctional officers, employees
				who are required to regularly carry a firearm, employees who regularly
				transport other people as their principal job; and positions involving use of
				equipment that could pose a risk to public health or safety.