§ 39-2-206

39-2-206. Definitions. As used in 39-2-205 through 39-2-211, the following definitions apply: (1) 'Alcohol' means an intoxicating agent in alcoholic beverages, ethyl alcohol, also called ethanol, or the hydrated oxide of ethyl. (2) '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 an evidential breath test. (3) 'Controlled substance' means a dangerous drug, as defined in 49 CFR, part 40, except a drug used pursuant to a valid prescription or as authorized by law. (4) (a) 'Employee' means an individual engaged in the performance, supervision, or management of work in a: (i) hazardous work environment; (ii) security position; or (iii) position: (A) affecting public safety or public health; (B) in which driving a motor vehicle is necessary for any part of the individual's work duties; or (C) involving a fiduciary responsibility for an employer. (b) The term does not include an independent contractor or an elected official who serves on the governing body of a local government. (5) (a) 'Employer' means a person or entity that has one or more employees and that is located in or doing business

ctor or an elected official who serves on the governing body of a local government. (5) (a) 'Employer' means a person or entity that has one or more employees and that is located in or doing business in Montana. (b) The term includes the governing body of a local government. (6) 'Governing body' means the legislative authority of a local government. (7) 'Hazardous work environment' includes but is not limited to positions: (a) for which controlled substance and alcohol testing is mandated by federal law, such as aviation, commercial motor carrier, railroad, pipeline, and commercial marine employees; (b) that involve the operation of or work in proximity to construction equipment, industrial machinery, or mining activities; or (c) that involve handling or proximity to flammable materials, explosives, toxic chemicals, or similar substances. (8) 'Local government' means a city, town, county, or consolidated city-county. (9) 'Medical review officer' means a licensed physician trained in the field of substance abuse. (10) 'Prospective employee' means an individual who has made a written or oral application to an employer to become an employee.

r' means a licensed physician trained in the field of substance abuse. (10) 'Prospective employee' means an individual who has made a written or oral application to an employer to become an employee. (11) 'Qualified testing program' means a program to test for the presence of controlled substances and alcohol that meets the criteria set forth in 39-2-207 and 39-2-208. (12) 'Sample' means a urine specimen, a breath test, or oral fluid obtained in a minimally invasive manner and determined to meet the reliability and accuracy criteria accepted by laboratories for the performance of drug testing that is used to determine the presence of a controlled substance or alcohol. History: En. Sec. 2, Ch. 521, L. 1997; amd. Sec. 1, Ch. 177, L. 2005; amd. Sec. 1, Ch. 315, L. 2011.