§ 511. Definitions

As used in this subchapter:

(1) "Applicant for employment" means an individual seeking or being sought for employment with an employer.

(2) "Designated laboratory" means a laboratory designated by the Department of Health under section 518 of this title.

(3) "Drug" means a drug listed or classified by the U.S. Drug Enforcement Administration as a Schedule I drug, or its metabolites, and alcohol. It shall also mean other drugs or their metabolites which are likely to cause impairment of the individual on the job, which are: amitriptyline, amphetamines, barbiturates, benzodiazepines, cannabinoids, cocaine, doxepin, glutethimide, hydromorphone, imipramine, meperidine, methadone, methaqualone, opiates, oxycodone, pentazocine, phenytoin, phencyclidine, phenothiazines, and propoxyphene. In addition, the Commissioner of Health may, pursuant to 3 V.S.A. chapter 25, add drugs to this list not recognized as being commonly abused and likely to cause impairment of the employee on the job as of May 22, 1987.

(4) "Drug test" means the procedure of taking and analyzing body fluids or materials from the body for the purpose of detecting the presence of a regulated drug as defined in 18 V.S.A. chapter 84 or a drug as defined in subdivision (3) of this section.

(5) "Employee" means any person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to perform services.

(6) "Employer" means any individual, organization, or governmental body, including partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or successor thereof, and any common carrier by mail, motor, water, air, or express company doing business in or operating within this State, which has one or more individuals performing services for it within this State, or which has offered or may offer employment to one or more individuals.

(7) "Employment agency" means a person who undertakes, with or without compensation, to procure, refer, recruit, or place for an employer or person, the opportunity to work for an employer.

(8) "Collector" means an individual certified by a U.S. Health and Human Services approved collector certification program for each type of specimen to be collected. A "collector" shall be recertified every three years and may not be an employee of the employer for the purposes of performing a drug test based on probable cause. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987; amended 2001, No. 92 (Adj. Sess.), § 1, eff. May 1, 2002.)