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Page 139 of 150 <br />driving controls of a commercial motor vehicle in operation; All time, other than driving <br />time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth <br />(a berth conforming to the requirements of 49 C.F.R. § 393.76); All time loading or <br />unloading a vehicle, supervising, or assisting in the loading or unloading, attending a <br />vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in <br />giving or receiving receipts for shipments loaded or unloaded; and All time repairing, <br />obtaining assistance, or remaining in attendance upon a disabled vehicle. 49 C.F.R. § <br />382.107. <br />Y. Screening Test (also known as Initial Test): In alcohol testing, mean an analytical <br />procedure to determine whether a driver may have a prohibited concentration of alcohol in her or <br />her system. Screening tests may be conducted by utilizing a non-evidential screening device <br />included by the National Highway Traffic Administration on its conforming products list (e.g., a <br />saliva screening device) or an evidential breath testing device (“EBT”) operated by a trained <br />breath alcohol technician (“BAT”). In controlled substance testing, “Screening Test” means an <br />immunoassay screen to eliminate “negative” urine specimens form further consideration. 49 <br />C.F.R. § 382.107. <br />Z. Substance Abuse Professional” or “SAP”: A licensed physician (medical doctor or <br />doctor of osteopathy), licensed or certified psychologist, licensed or certified social worker, <br />licensed or certified employee assistance professional, or licensed or certified addiction counselor <br />(certified by the National Association of Alcoholism and Controlled Substance Abuse Counselors <br />Certification Commission) with knowledge of and clinical experience in the diagnosis and <br />treatment of alcohol and controlled substance-related disorders. 49 C.F.R. § 40.281. <br /> <br />3. Persons Subject to Testing & Types of Tests <br />All employees are subject to testing who job duties include performing “safety-sensitive duties” on <br />City vehicles that: <br />A. Have a gross combination weight rating or gross combination weight of 26,001 pounds or <br />more, whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross <br />vehicle weight of more than 10,000 pounds, whichever is greater; or <br />B. Have a gross vehicle weight rating or gross vehicle weight of 26,0001 or more pounds <br />whichever is greater; or <br />C. Are designed to transport 16 or more passengers, including the driver; or <br />D. Are of any size and are used in the transportation of materials found to be hazardous for the <br />purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require <br />the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, <br />subpart F). <br /> <br />The following functions are considered safety-sensitive: <br /> all time waiting to be dispatched to drive a commercial motor vehicle <br /> all time inspecting, servicing, or conditioning a commercial motor vehicle <br /> all time driving at the controls of the commercial motor vehicle <br /> all other time in or upon a commercial motor vehicle (except time spent resting in a sleeper berth) <br /> all time loading or unloading a commercial motor vehicle, attending the same, giving or receiving <br />receipts for shipments being loaded or unloaded, or remaining in readiness to operate the vehicle <br /> all time repairing, obtaining assistance, or attending to a disable commercial motor vehicle. <br /> <br />198