{"data":{"id":"us-mt/39-2-206","jurisdiction":"us-mt","citation":"39-2-206","heading":"Definitions.","body":"As used in 39-2-205 through 39-2-211, the following definitions apply:\n(1) \"Alcohol\" means an intoxicating agent in alcoholic beverages, ethyl alcohol, also called ethanol, or the hydrated oxide of ethyl.\n(2) \"Alcohol concentration\" means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath, as indicated by an evidential breath test.\n(3) \"Controlled substance\" means a dangerous drug, as defined in 49 CFR, part 40, except a drug used pursuant to a valid prescription or as authorized by law.\n(4) (a) \"Employee\" means an individual engaged in the performance, supervision, or management of work in a:\n(i) hazardous work environment;\n(ii) security position; or\n(iii) position:\n(A) affecting public safety or public health;\n(B) in which driving a motor vehicle is necessary for any part of the individual's work duties; or\n(C) involving a fiduciary responsibility for an employer.\n(b) The term does not include an independent contractor or an elected official who serves on the governing body of a local government.\n(5) (a) \"Employer\" means a person or entity that has one or more employees and that is located in or doing business in Montana.\n(b) The term includes the governing body of a local government.\n(6) \"Governing body\" means the legislative authority of a local government.\n(7) \"Hazardous work environment\" includes but is not limited to positions:\n(a) for which controlled substance and alcohol testing is mandated by federal law, such as aviation, commercial motor carrier, railroad, pipeline, and commercial marine employees;\n(b) that involve the operation of or work in proximity to construction equipment, industrial machinery, or mining activities; or\n(c) that involve handling or proximity to flammable materials, explosives, toxic chemicals, or similar substances.\n(8) \"Local government\" means a city, town, county, or consolidated city-county.\n(9) \"Medical review officer\" means a licensed physician trained in the field of substance abuse.\n(10) \"Prospective employee\" means an individual who has made a written or oral application to an employer to become an employee.\n(11) \"Qualified testing program\" means a program to test for the presence of controlled substances and alcohol that meets the criteria set forth in 39-2-207 and 39-2-208.\n(12) \"Sample\" means a urine specimen, a breath test, or oral fluid obtained in a minimally invasive manner and determined to meet the reliability and accuracy criteria accepted by laboratories for the performance of drug testing that is used to determine the presence of a controlled substance or alcohol.","path":["TITLE 39. LABOR","CHAPTER 2. THE EMPLOYMENT RELATIONSHIP","Part 2. General Obligations of Employers"],"source_url":"https://mca.legmt.gov/bills/mca/title_0390/chapter_0020/part_0020/section_0060/0390-0020-0020-0060.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:54:23Z","sha256":"6a323449be342cc8c1b7899ba413bdda28a9b2ea3393b95541e56a33e3d21a0f","source_id":"us-mt","stale":false,"prev":"us-mt/39-2-205","next":"us-mt/39-2-207"},"notice":"GroundRules: Original legal text. Not legal advice."}