West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-19 - Substance Abuse Screening, Standards and Procedures › Section 56-19-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Unless the
				context in which a word or phrase appears requires a different meaning, all
				terms used in this rule that are not defined herein shall have the meanings set
				forth in W. Va. Code §22A-1-2.
3.2. Adulterated Specimen. The term
				"adulterated specimen" shall mean a specimen that has been altered as evidenced
				by test results showing that the specimen contains a substance that is not a
				normal constituent or containing an endogenous substance at a concentration
				that is not a normal physiological concentration.
3.3. Alcohol Testing Form. The term "alcohol
				testing form" shall mean the U.S. Department of Transportation's Alcohol
				Testing Form (Non-DOT) or a form that substantially conforms with the format
				set forth in the DOT alcohol testing form.
3.4. Board of Appeals. The term "Board of
				Appeals" shall mean the Board of Appeals created pursuant to W. Va. Code
				§22A-5-1
et seq.
and referred to in W. Va. Code §22A-1A-2.
3.5. Breath Test or Breath Test for Alcohol.
				The term "breath test" or "breath test for alcohol" shall mean a chemical test
				of a person's breath to determine the amount of alcohol he/she has consumed, as
				provided in 49 CFR Part 40, Subpart M, taken using an evidential breath testing
				device listed on the National Highway Traffic Safety Administration (NHTSA)
				most current Conforming Products List and conducted by a breath alcohol
				technician meeting the training requirements found in 49 CFR Part 40, Subpart
				J.
3.6. Cannabinoids/THC. The term
				"Cannabinoids/THC" shall mean THC from any source, whether legal or
				illegal.
3.7. Certified Person. The
				term "certified person" shall have the meaning set forth in W. Va. Code
				§22A-1-2(d)(3).
3.8. Code. The term "Code" shall mean the
				West Virginia Code of 1931, as amended.
3.9. Director. The term "Director" shall mean
				the Director of the Office of Miners' Health, Safety and Training, and shall
				include his/her authorized representatives where applicable.
3.10. Drug Testing Contractor. The term "drug
				testing contractor" shall mean any firm, corporation, partnership, or
				individual performing breath alcohol tests or 10 panel split sample urine drug
				tests pursuant to this rule.
3.11.
				Duly Licensed, Mental Health Professional. The term "duly licensed, mental
				health professional" shall mean a psychiatrist, psychologist, professional
				counselor or substance abuse counselor in the United States who is licensed by,
				and in good standing with, the licensing authority of the jurisdiction in which
				the person practices.
3.12.
				Employer. The term "employer" shall mean all operators, independent
				contractors, subcontractors, or otherwise that employ certified persons who
				work in mines or employ employees who as part of their employment are regularly
				present at a mine and who are employed in a safety-sensitive
				position.
3.13. Hazard Training.
				The term "hazard training" shall mean information or instructions on the site
				specific hazards a person could be exposed to while at the mine, as well as
				applicable emergency procedures.
3.14. Independent Contractor. The term
				"independent contractor" shall mean any firm, corporation, partnership, or
				individual that contracts to engage in the extraction, production, hauling,
				loading, processing or preparation activities associated with a mine as defined
				in Section 3.16. of this rule.
3.15. Medical Review Officer. The term
				"medical review officer" shall mean a licensed physician with knowledge of
				substance abuse disorders, laboratory testing, chain of custody, collection
				procedures, and the ability to verify positive, confirmed test results. The
				medical review officer is responsible for receiving and reviewing laboratory
				results generated by an employer's drug testing program and evaluating medical
				explanations for certain drug test results and shall possess the necessary
				medical training to interpret and evaluate a positive test result in relation
				to the person's medical history or any other relevant biomedical
				information.
3.16. Mine. The term
				"mine" shall have the meaning set forth in W. Va. Code §22A-1-2(a)(6)
				and shall include any underground coal mine, surface coal mine, coal
				preparation plant, coal loadout, or river coal loadout.
3.17. Operator. The term "operator" shall
				mean any firm, corporation, partnership, or individual operating any coal mine
				or part thereof, as defined in Section 3.16. of this rule, or engaged in the
				construction of any facility associated with a coal mine.
3.18. Pre-employment Testing. The term
				"pre-employment testing" shall mean the substance abuse testing of any
				certified person or person to be employed in a safety-sensitive position either
				prior to hiring or upon hiring by a new operator or new independent contractor,
				the rehiring of any certified person or person employed in a safety-sensitive
				position by an operator or independent contractor following a termination of
				the employment relationship, or transferring to a West Virginia mine from an
				employer's out-of-state mine to the extent that the substance abuse test
				required by the employer in the other jurisdiction does not comply with the
				minimum standards for substance abuse testing required by this rule.
3.19. Random Testing. The term "random
				testing" shall mean that each person subject to testing has a statistically
				equal chance of being selected for testing at random and at unscheduled times.
				The selection of persons for random testing shall be made by a scientifically
				valid method, such as a random number table or a computer-based random number
				generator that is matched with the person's social security number, payroll
				identification number, or other comparable identifying number. A random test
				shall be at least 25% of the employees working at a mine or facility annually.
				Random testing shall be conducted at least 4 times annually.
3.20. Refusal. The term "refusal" shall mean
				a refusal to submit to a drug and alcohol test required by the employer under
				the substance abuse policy and testing program as defined in Section 3.24. A
				"refusal" shall be consistent with the standards provided for in 49 CFR Part 40
				. If the drug and alcohol test is required by the employer, it is not a defense
				that the employee or person subject to a pre-employment test believed that the
				required drug and alcohol testing was not following the standards and
				procedures provided for in 49 CFR Part 40.
3.21. Safety-Sensitive Position. The term
				"safety-sensitive position" shall mean an employment position where the
				employee's job responsibilities include duties and activities that involve the
				personal safety of the employee or others working at the mine.
3.22. Serious Accident. The term "serious
				accident" shall mean an event at a mine which causes bodily injury to an
				individual which requires such individual to be admitted to a medical facility
				overnight for reasons other than strains, sprains or observation as determined
				by a physician.
3.23. Split Sample.
				The term "split sample" shall mean a part of the urine specimen that is sent to
				a first laboratory and retained unopened, and which is transported to a second
				laboratory in the event that the employee requests that it be tested following
				a verified positive test of the primary specimen or a verified adulterated or
				substituted test result. Said testing shall be conducted in accordance with the
				standards and procedures of the United States Department of Transportation's
				rule, 49 CFR Part 40, which may be amended from time to time by the Office of
				Miners' Health, Safety and Training through legislative rule.
3.24. Substance Abuse Policy and Testing
				Program. The term "substance abuse policy and testing program" shall include
				pre-employment testing, random testing, and any other testing done to enhance
				mine safety. Such drug and alcohol testing shall include, at a minimum, a
				chemical test of breath to determine the presence of alcohol and a 10-panel
				split sample urine test that complies with the requirements of W. Va. Code
				§
									22A-1A-1
et seq.
and this rule.
3.25. Substance
				Abuse Treatment Program. The term "substance abuse treatment program" shall
				mean at least 6 months of substance abuse treatment under the care of a duly
				licensed mental health professional which includes at least 6 monthly random
				drug and alcohol tests.