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<br />Appendix C continued <br /> <br />Refuse to Submit - Any circumstances outlined in 49 CFR 40.191 and 40.261. <br /> <br />Safety-sensitive function - Any of the following duties performed by employees of recipients, <br />sub-recipients, operators, or contractors: <br /> <br />(1) Operating a revenue service vehicle, including when not in revenue service; <br /> <br />(2) Operating a non-revenue service vehicle, when required to be operated by a holder of a <br />Commercial Driver's License (CDL); <br /> <br />(3) Controlling dispatch or movement of a revenue service vehicle; <br /> <br />(4) Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or <br />equipment used in revenue service. This section does not apply to the following: an <br />employer who receives funding under 49 U.S.C. 5307 or 5309, is in an area less than <br />200,000 in population, and contracts out such services; or an employer who receives <br />funding under 49 U.S.C. 5311 and contracts out such services; <br /> <br />(5) Carrying a firearm for security purposes. <br /> <br />Substance Abuse Professional (SAP) - A licensed physician (medical doctor or doctor of <br />osteopathy) or a licensed or certified psychologist, social worker, employee assistance <br />professional or addiction counselor (certified by the National Association of Alcoholism and Drug <br />Abuse Counselors Certification Commission), with knowledge of and clinical experience in the <br />diagnosis and treatment of drug and alcohol-related disorders. <br /> <br />Vehicle - A bus, electric bus, van, automobile, rail car, trolley car, trolley bus or vessel. A mass <br />transit vehicle is a vehicle used for mass transportation or for ancillary services. <br /> <br />Violation rate - The sum of the annual number of results from the random alcohol tests <br />conducted under this part that have alcohol concentration of .04' or greater plus the annual <br />number of refusals to submit to alcohol tests authorized under this part, divided by the sum of <br />the annual of random alcohol tests conducted under this part plus the annual number of refusals <br />to submit to a drug test authorized under this part. <br /> <br />SIB_Drug-Free_ Workplace_Program_-_ W-CDL <br /> <br />Page 41 of 41 <br /> <br />12/15/201 I <br />