In this subchapter:
(1) “Employee” has the meaning assigned by 49 C.F.R. § 40.3.
(2) “Valid positive result” means:
(A) an alcohol concentration of 0.04 or greater on an alcohol confirmation test; or
(B) a result at or above the cutoff concentration levels listed in 49 C.F.R. § 40.87 on a confirmation drug test.