23-493

23-493. Definitions

In this article, unless the context otherwise requires:

1. "Alcohol" means ethanol, isopropanol or methanol.

2. "Drugs" means any substance considered unlawful under the schedules of the
controlled substances section of the comprehensive drug abuse prevention and control act
of 1970 (P.L. 91-513; 84 Stat. 1247; 21 United States Code section 812) or the metabolite
of the substance.

3. "Employee" means any person in the service of an employer.

4. "Employer" means any person, firm, company, corporation, labor organization,
employment agency or joint labor-management committee, including any public utility,
transit district or special taxing district organized pursuant to title 48, chapter 17 or
22, that has one or more full-time employees employed in the same business, or in or
about the same establishment, under any contract of hire, express or implied, oral or
written. Employer does not include the United States, this state and its agencies other
than the department of public safety, the state department of corrections and the
department of juvenile corrections, any political subdivision of this state or any Native
American tribe. The department of public safety, the state department of corrections and
the department of juvenile corrections are employers for purposes of this paragraph.

5. "Good faith" means reasonable reliance on fact, or that which is held out to be
factual, without the intent to deceive or be deceived and without reckless or malicious
disregard for the truth.

6. "Prospective employee" means any person who has made application to any
employer, whether written or oral, to become an employee.

7. "Sample" means urine, blood, breath, saliva, hair or other substances from the
person being tested.