R23-7-3. Definitions

  (1) The following definitions of Section 63G-6-604 shall apply to any term used in this Rule R23-7:

  (a) "Contractor" means a person who is or may be awarded a state construction contract.

  (b) "Covered individual" means an individual who:

  (i) on behalf of a contractor or subcontractor provides services directly related to design or construction under a state construction contract; and

  (ii) is in a safety sensitive position, including a design position that has responsibilities that directly affect the safety of an improvement to real property that is the subject of a state construction contract.

  (c) "Drug and alcohol testing policy" means a policy under which a contractor or subcontractor tests a covered individual to establish, maintain, or enforce the prohibition of:

  (i) the manufacture, distribution, dispensing, possession, or use of drugs or alcohol, except the medically prescribed possession and use of a drug; or

  (ii) the impairment of judgment or physical abilities due to the use of drugs or alcohol.

  (d) "Random testing" means that a covered individual is subject to periodic testing for drugs and alcohol:

  (i) in accordance with a drug and alcohol testing policy; and

  (ii) on the basis of a random selection process.

  (e) "State Executive Entity" means a state executive branch:

  (i) department;

  (ii) division including the Division of Facilities Construction and Management;

  (iii) agency;

  (iv) board;

  (v) commission;

  (vi) council;

  (vii) committee;

  (viii) institution; or

  (ix) a state institution of higher education, as defined under Section 53B-3-102.

  (f) "State construction contract" means a contract for design or construction entered into by the Division.

  (g)(i) "Subcontractor" means a person under contract with a contractor or another subcontractor to provide services or labor for design or construction.

  (ii) "Subcontractor" includes a trade contractor or specialty contractor.

  (iii) "Subcontractor" does not include a supplier who provides only materials, equipment, or supplies to a contractor or subcontractor.

  (2) In addition:

  (a) "Board" means the State Building Board established pursuant to Section 63A-5-101.

  (b) "Director" means the Director of the Division, including, unless otherwise stated, the Director's duly authorized designee.

  (c) "Division" means the Division of Facilities Construction and Management established pursuant to Section 63A-5-201 as well as entities entering into state construction contracts under delegation authority by the Board or Director.