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 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. (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.
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