(2) For purposes of this article, "employer" includes all motor carriers or employers who employ drivers who operate commercial motor vehicles and who are required to have a drug and alcohol testing program pursuant to the Federal Motor Carrier Safety Regulations, 49 C.F.R. § 382, or to a consortium to which the carrier or employer belongs and consortiums or third party administrators who perform drug and alcohol testing services pursuant to 49 C.F.R. § 382 for an owner-operator.

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(3) For purposes of this article, "employee" includes a person holding a resident or nonresident commercial motor vehicle driver’s license employed by an employer described in subsection (2) who performs a safety sensitive function, or an owner-operator subject to testing by a consortium or third party administrator who performs drug and alcohol testing services pursuant to 49 C.F.R. § 382.

(4) For purposes of this article, "applicant" means a person holding a resident or nonresident commercial motor vehicle driver’s license seeking employment with an employer described in subsection (2) who will perform a safety sensitive function as part of his employment.