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Policy DOP-P02 EFFECTIVE DATE: October 1, 1991 REVISION DATE: December 18, 2020 2 H. Drug Test and Alcohol Testing: A procedure using a sample of the human body capable of revealing the presence of alcohol or other drugs or other metabolites to determine if the individual ingested, injected, or was otherwise exposed to drugs or alcohol. I. Employee: Any person who lawfully occupies a permanent or temporary position with an Executive agency of the State, or any affiliated political subdivision, and who is paid a wage or salary including, but not limited to, executive, administrative, classified, non-classified, exempt, seasonal, temporary employees, and employees of county health departments affiliated with the West Virginia Division of Personnel. For the purpose of this policy, “employee” shall also include authorized students, interns and volunteers performing services for an agency under direct supervision irrespective of receipt of wages. J. Federal Agency: Any agency as that term is defined in 5 U.S.C. § 551. K. Grantee: Any department, division, unit, or any person responsible for the performance of work under the provisions of a federal grant. L. Illegal Drug: Any drug which is not legally obtainable or a drug available by prescription that is being used in a manner or for a purpose other than as prescribed. Illegal drugs include those controlled substances under federal or State law which are not authorized for sale, possession, or use, and legal drugs which are used, obtained, or distributed illegally. M. Legal Drug: Legal drugs include medications prescribed by a physician or, medications in West Virginia that have been legally obtained and that are being used solely for the purpose for which they were lawfully prescribed, and in the dosage and quantity for which they were prescribed. Legal drugs also include over-the-counter medications that have been legally obtained and that are being used for the purpose, and in the dosage and quantity, specified by the drug manufacturer. N. Reasonable Suspicion: The belief premised on facts and inferences based primarily upon, but not limited to: (1) Observable phenomena, such as direct observation of use, possession or distribution of alcohol or drugs, or of the physical symptoms of being under the influence of alcohol or drugs, such as, but not limited to, slurred speech, dilated pupils, odor of an alcoholic beverage or drugs, changes in affect or dynamic mood swings; (2) a pattern of abnormal conduct, erratic or aberrant behavior or deteriorating work performance such as frequent absenteeism, excessive tardiness or recurrent accidents, that appears to be related to the use of alcohol or drug abuse and does not appear to be attributable to other factors; (3) the identification of an employee as the focus of a criminal investigation into unauthorized possession, use or trafficking of drugs; (4) a report of use of alcohol or drugs provided by a reliable and credible source; and (5) repeated or flagrant violations of the safety or work rules of the employee's employer, that are determined by the employee's supervisor to pose a substantial risk of physical injury or property damage and that appears to be related to the use of alcohol or drug and that does not appear attributable to other factors. O. Safety Sensitive Position: Any position determined by federal, State, or agency provisions where a lapse of attention or judgment, can lead to an accident that could cause loss of human life, serious bodily injury, or significant property or environmental damage.