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Appendix C continued <br /> Refuse to Submit—Any circumstances outlined in 49 CFR 40.191 and 40.261. <br /> Safety-sensitive function —Any of the following duties performed by employees of recipients, <br /> sub-recipients, operators, or contractors: <br /> (1) Operating a revenue service vehicle, including when not in revenue service; <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 /> (3) Controlling dispatch or movement of a revenue service vehicle; <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 /> (5) Carrying a firearm for security purposes. <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 /> 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 /> 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 /> (Reso)Sib Drug-Free Workplace Program-Rev 01182018 Page 41 of 41 1/18/2018 <br />