New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION
Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM
Section 16:64-9.2 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Alcohol" means ethyl alcohol (ethanol). References to use or possession of alcohol include use of a beverage, mixture, or preparation containing ethyl alcohol.

"BreathScan" means a portable breathalyzer with the trade name BreathScan found suitable by the National Highway Traffic Safety Administration as a first line test for breath alcohol concentration quantification or its equivalent.

"Chemical drug test" means a scientifically recognized test, which analyzes an individual's breath, blood and/or urine, for evidence of drug or alcohol use.

"Controlled substance" means a controlled substance listed in Schedules I through V of 21 U.S.C. § 812.

"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of criminal drug statutes or driving under the influence in violation of a motor vehicle statute.

"Criminal drug statute" means any Federal or State criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance or drug.

"Dangerous drug" means a narcotic drug, controlled substance, and/or marijuana as defined in 21 U.S.C. § 802.

"Fails a chemical drug test for dangerous drugs" means that the result of a chemical test conducted pursuant to this chapter is reported as positive by a Medical Review Officer because the chemical test indicated the presence of a dangerous drug or drug metabolite.

"Intoxicated" as used throughout 12:8-1 et seq. means to have a positive alcohol test.

"Medical Review Officer" or "MRO" means a person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employers drug testing program and evaluating medical explanations for certain drug test results as set forth in 46 CFR 16.105 and 49 CFR 121.

"On duty" means any time period during which a pilot or apprentice is engaged in pilotage operations or related duties.

"Pass or passes a chemical drug test" means the result of a chemical test is reported as "negative" for the presence of dangerous drugs or drug metabolites by a Medical Review Officer.

"Positive alcohol test" means a blood alcohol concentration of .04 percent or greater as measured by grams of alcohol per 100 milliliters of blood, or grams of alcohol per 210 liters of breath.

"Subject to being called on duty" means any time period during which a pilot or apprentice is required to be available to be called "on duty" by the Pilots Association or the Independent Pilots Association.

"User of dangerous drugs" means an individual who fails a test for dangerous drugs.

"Workplace" means any location at which pilotage or related duties are performed including, but not limited to, vessels, motor vehicles, offices or government facilities.