Section 9140.5  Definitions

 

"Adulterated result" means a result that has been altered, as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance.

 

"Air Blank" means, in Evidential Breath Testing Devices using gas chromatography technology, a reading of the device's internal standard.  In all other evidential breath testing devices, "air blank" means a reading of ambient air containing no alcohol.

 

"Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl or isopropyl alcohol.

 

"Alcohol Concentration" means 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 under this Part. Percentage by weight of alcohol in the blood is based on grams of alcohol per 100 milliliters of blood.

 

"Alcohol Confirmation Test" means a subsequent test using an Evidential Breath Test that provides quantitative data about alcohol concentration.

 

"Alcohol Screening Device" means a breath or saliva device, other than an Evidential Breath Testing Device, that is approved by the National Highway Traffic Safety Administration (NHTSA) and placed on a conforming products list for those devices.

 

"Alcohol Screening Test" means an analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath or saliva specimen.

 

"Alcohol Testing Site" means a place selected by the employer where employees present themselves for the purpose of providing breath or saliva for an alcohol test.

 

"Aliquot" means a fractional part of a specimen used for testing.

 

"Breath Alcohol Technician" means a person who instructs and assists employees in the alcohol testing process, operates an Evidential Breath Testing device, and meets the qualifications set forth in Section 9140.60.

 

"Certified Paramedic"  means an individual licensed by the Illinois Department of Public Health as an Emergency Medical Technician (Intermediate) or Emergency Medical Technician (Paramedic) acting under the direction of a licensed physician as a phlebotomist.

 

"Chain of Custody Form" refers to the document set forth in Section 9140.10 that is used to ensure the integrity of urine and blood specimens and record testing results for the specimens.

 

"Collection Container" means a container into which the employee urinates to provide the urine specimen for testing.

 

"Collection Form" means the form required to document breath and saliva testing and includes the following information:

 

The employee's name, address and telephone number;

 

The Designated Employer Representative's name, address and telephone number;

 

The name, address and telephone number of the Breath Alcohol Technician;

 

The name, address and telephone number of the Screening Test Technician;

 

The name of the testing device, the serial number or lot number, and expiration of the testing device;

 

The activation time;

 

The reading time;

 

The result of the Alcohol Screening Test;

 

The result of the Alcohol Confirmation Test, if applicable; and

 

A space for remarks by the Screening Test Technician or the Breath Alcohol Technician.

 

"Collector" means a person who meets the qualifications set forth in Section 9140.30 and collects a urine specimen from an employer or person and who meets the qualifications set forth in Section 9140.20 and collects a blood specimen from an employee.

 

"Designated Employer Representative" or "DER" means an employee authorized by the employer to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer.

 

"Drugs" means cannabis as defined in the Cannabis Control Act [720 ILCS 550] or a controlled substance listed in the Illinois Controlled Substances Act [720 ILCS 570].

 

"Employee" means any person subject to testing for alcohol, drugs or other intoxicating compounds.

 

"Employer" means a person or entity employing the person subject to testing for alcohol, drugs or other intoxicating compounds.

 

"Evidential Breath Testing Device" means a device approved by NHTSA for the evidential testing of breath at .08 alcohol concentration, placed on NHTSA's Conforming Products List for Evidential Breath Measurement Devices and identified on the Conforming Products List as conforming with the model specifications available from NHTSA's Traffic Safety Program.

 

"HHS" means the federal Department of Health and Human Services.

 

"Intoxicating Compound" means an intoxicating compound listed in the Use of Intoxicating Compounds Act [720 ILCS 690].

 

"Invalid Result" means the result reported by a laboratory for a urine specimen that contains an unidentified adulterant, contains an unidentified interfering substance, has an abnormal physical characteristic, or has an endogenous substance at an abnormal concentration that prevents the laboratory from completing testing or obtaining a valid drug test result.

 

"Laboratory" means any U.S. laboratory certified by HHS under the National Laboratory Certification Program as meeting the minimum standards of Subpart C of the HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs or a comparable accredited laboratory.

 

"Medical Review Officer" or "MRO" means a person who is responsible for performing the functions and the qualifications set forth in Section 9140.40.

 

"Negative Result" means the result reported by a laboratory to an MRO when a specimen contains no drugs, other intoxicating compounds, or less than .08 of alcohol concentration and the specimen is a valid specimen.

 

"Phlebotomist" means a person trained to collect blood from another individual through venipuncture.

 

"Positive Result" means the result reported by a laboratory when a specimen contains a drug or intoxicating compound or alcohol concentration of .08 or greater.

 

"Primary Specimen" means the blood or urine specimen that is tested by a first laboratory to determine whether the employee has alcohol, drugs or intoxicating compounds in his or her system.

 

"Reconfirmed" means the result reported for a split specimen when the second laboratory is able to corroborate the original result reported for the primary specimen.

 

"Screening Test Technician" means a person who instructs and assists employees in the alcohol testing process, operates an Alcohol Screening Device, and meets the qualifications set forth in Section 9140.60.

 

"Shipping Container" means the container that is used for transporting and protecting urine or blood specimen bottles and associated documents from the collection site to the laboratory.

 

"Specimen Bottle" means the bottle that, after being sealed and labeled according to the required procedures, is used to hold the urine specimen during transportation to the laboratory.

 

"Split Specimen" means a part of the urine or blood specimen that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory if requested to be tested following a positive test of the primary specimen or an adulterated or substituted test result.

 

"Split Specimen Collection" means a collection in which, for a urine specimen, the urine collected is divided into two separate specimen bottles or containers, the primary specimen and the split specimen and, for a blood specimen, two separate samples are collected, the primary specimen and the split specimen.

 

"Substituted Result" means a urine specimen with creatinine and specific gravity values that are so diminished or so divergent that they are not consistent with normal human urine.

 

"Verified Test" means a test result from a laboratory that has undergone review and final determination by the MRO.