The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Alcohol--The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
  (2) Alcohol test result--The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by a breath test.
  (3) Alcohol- or drug-related driving offense--A conviction or deferred adjudication for any offense involving the driving of a vehicle, whether on-duty or off-duty, while under the influence of alcohol or drugs or while intoxicated.
  (4) Commercial driver--An employee who operates a commercial motor vehicle for the department, regardless of the frequency.
  (5) Commercial motor vehicle--A motor vehicle or combination of vehicles used to transport passengers or property if it:
    (A) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
    (B) has a gross vehicle weight rating of 26,001 or more pounds;
    (C) is designed to transport 16 or more passengers, including the commercial driver; or
    (D) is of any size and is used in the transportation of materials that are considered hazardous under the Hazardous Materials Transportation Act, 49 U.S.C. §5103(b), and that require the motor vehicle to be placarded under the Hazardous Materials Regulations, 49 C.F.R. Part 172, Subpart F.
  (6) Completion of treatment--Compliance with all EAP treatment recommendations and requirements, passing all required drug and alcohol tests, and finishing all treatment as prescribed by the EAP counselor or by the treatment program's staff physician.
  (7) Critical duties--Driving, commercial driving, performing safety-impact activities, performing vessel crewmember duties, operating motorized equipment, supervising or assisting with the loading or unloading of a motor vehicle, and inspecting, servicing, or maintaining any vehicle.
  (8) Department--The Texas Department of Transportation.
  (9) Directly involved--The employee's order, action, or failure to act is determined to be or cannot be ruled out as a causative factor in the events leading to or causing a serious accident or a serious marine incident.
  (10) Driving for the department--Operating a vehicle, including an automobile, truck, motor-driven equipment, roller, tractor, grader, ferry, or aircraft, during the course and scope of employment, without regard to ownership of the vehicle or the frequency of operation. An employee holds a position that involves driving for the department if the position may require driving for the department.
  (11) Drug--A narcotic drug, controlled substance, or marijuana, as defined in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. §802, not including a substance legally available by prescription or over the counter.
  (12) Employee--A person employed by the department in a full-time, part-time, temporary, project, or seasonal position, including temporary recruitment employees, but not including other temporary employees under contract to the department.
  (13) Employee Assistance Program (EAP)--A program designed to assist employees and their immediate family members in dealing with emotional and personal problems, including alcohol and drug abuse, that potentially affect an employee's work performance and safety.
  (14) EAP counselors--Licensed medical doctors; licensed doctors of osteopathy; psychologists licensed or certified by the Texas State Board of Examiners of Psychologists or another regulating board; social workers licensed or certified by the Texas State Board of Social Worker Examiners or another regulating board; employee assistance professionals licensed or certified by the Employee Assistance Professionals Association, Inc., or another regulating board; and addiction counselors certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission, by the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, or by another regulating board, with knowledge of and clinical experience in the diagnosis and treatment of alcohol- and drug-related disorders, including Substance Abuse Professionals as defined in 49 C.F.R. Part 40.
  (15) Final applicant--A person who is given a conditional offer of initial employment.
  (16) Human Resources Division--An organizational unit in the department that oversees human resource functions for the department.
  (17) Inhalant--A breathable chemical that produces mind-altering vapors, including volatile solvents, aerosols, nitrites, and anesthetics.
  (18) Mandatory referral--A referral to the EAP that requires an employee to report to the EAP and complete treatment or be terminated from employment with the department.
  (19) Medical review officer--A licensed physician who is responsible for reviewing laboratory results generated by an employer's drug testing program and evaluating medical explanations for certain drug test results.
  (20) Possession of alcohol or drugs--The presence of alcohol or drugs in an area under an employee's effective control.
  (21) Safety-impact employee--An employee who holds a safety-impact position.
  (22) Safety-impact position--A full-time, part-time, temporary, project, or seasonal position, as determined by the director of the Human Resources Division, that requires the performance of one or more activities that:
    (A) could present a threat to the health or safety of employees or the public if performed with inattentiveness, errors in judgment, diminished coordination, reduced dexterity, or lack of composure; and
    (B) are performed with such independence that it cannot reasonably be assumed that mistakes could be prevented by a supervisor or another employee.
  (23) Serious accident--Any accident that occurs in the workplace, and results in:
    (A) injury to an employee who is directly involved in the accident and who requires professional medical treatment beyond first aid;
    (B) death or injury to another person who requires professional medical treatment beyond first aid;
    (C) damage to a vehicle that causes it to be inoperable; or
    (D) receipt of a citation by the employee under state or local law for a moving traffic violation in connection with the accident.
  (24) Serious marine incident--Any reportable marine incident resulting in:
    (A) injury to an employee who is directly involved in the incident, who requires professional medical treatment beyond first aid, and who does not return to work or who returns to work to perform restricted duties;
    (B) death or injury to another person who requires professional medical treatment beyond first aid;
    (C) damage to property in excess of $100,000;
    (D) actual or constructive total loss of any ferry subject to Coast Guard inspection under 46 U.S.C. §3301 or to any self-propelled vessel of 100 gross tons or more if not subject to Coast Guard inspection;
    (E) a discharge of 10,000 or more gallons of oil into navigable waters of the United States; or
    (F) a discharge of a reportable quantity of a hazardous substance into the environment or into the navigable waters of the United States.
  (25) Substance control officer--An employee who administers the substance abuse program.
  (26) Treatment--Medical or psychological therapy or education for alcohol or drug dependency, whether conducted on an inpatient basis, on an intensive outpatient basis, or as educational or counseling sessions. Treatment includes any aftercare following inpatient treatment or intensive outpatient treatment, including weekly counseling sessions as designated by the EAP counselors.
  (27) Supervisor--Any employee who has formal supervisory or managerial responsibilities, who is designated to coordinate the work activities of other employees, or who is designated to direct a team of employees.
  (28) Use of alcohol or a drug--The ingestion by any means of any substance containing alcohol, including medication; the use in any way of a drug; or being under the influence of alcohol, an inhalant, or a drug. Drug use and drug abuse include the use of an inhalant in a manner other than that for which it was intended and that causes or is known to cause intoxication.
  (29) Vessel Crewmember--An individual who:
    (A) is working on board a vessel, whether or not as a member of the vessel's crew;
    (B) occupies or performs the functions of a position required by the vessel's Certificate of Inspection;
    (C) performs the duties of a patrolman or watchman; or
    (D) is assigned during an emergency to warn passengers or control the movement of passengers on a vessel.
  (30) Workplace--Any location where an employee works, whether or not on state-owned property. An employee is in the workplace when operating or riding in a state vehicle.

Source Note: The provisions of this §4.31 adopted to be effective November 21, 2002, 27 TexReg 10754; amended to be effective January 1, 2009, 33 TexReg 10053; amended to be effective March 18, 2015, 40 TexReg 1523