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16 Act, 21 U.S.C. "/g" 801 et seq. 17 c. "Employee" means a person in the service of an 18 employer in this state and includes the employer, and 19 any chief executive officer, president, vice 20 president, supervisor, manager, and officer of the 21 employer who is actively involved in the day-to-day 22 operations of the business. 23 d. "Employer" means a person, firm, company, 24 corporation, labor organization, or employment agency, 25 which has one or more full-time employees employed in 26 the same business, or in or about the same 27 establishment, under any contract of hire, express or 28 implied, oral or written, in this state. "Employer" 29 does not include the state, a political subdivision of 30 the state, including a city, county, or school 31 district, the United States, the United States postal 32 service, or a Native-American tribe. 33 e. "Good faith" means reasonable reliance on 34 facts, or that which is held out to be factual, 35 without the intent to be deceived, and without 36 reckless, malicious, or negligent disregard for the 37 truth. 38 f. "Medical review officer" means a licensed 39 physician, osteopathic physician, chiropractor, nurse 40 practitioner, or physician assistant authorized to 41 practice in any state of the United States, who is 42 responsible for receiving laboratory results generated 43 by an employer's drug or alcohol testing program, and 44 who has knowledge of substance abuse disorders and has 45 appropriate medical training to interpret and evaluate 46 an individual's confirmed positive test result 47 together with the individual's medical history and any 48 other relevant biomedical information. 49 g. "Prospective employee" means a person who has 50 made application, whether written or oral, to an Page 2 1 employer to become an employee. 2 h. "Reasonable suspicion drug or alcohol testing" 3 means drug or alcohol testing based upon evidence that 4 an employee is using or has used alcohol or other 5 drugs in violation of the employer's written policy 6 drawn from specific objective and articulable facts 7 and reasonable inferences drawn from those facts in 8 light of experience. For purposes of this paragraph, 9 facts and inferences may be based upon, but not 10 limited to, any of the following: 11 (1) Observable phenomena while at work such as 12 direct observation of alcohol or drug use or abuse or 13 of the physical symptoms or manifestations of being 14 impaired due to alcohol or other drug use. 15 (2) Abnormal conduct or erratic behavior while at
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