08 Substance Abuse

Question 1

Substance Abuse Opening
Prevention
Buy in from all
Departmental support

Answer 1

• As a Lieutenant, I know it is my responsibility to ensure our substance abuse policy is properly followed and applied, per policy and law.
• I also know that an effective substance abuse policy
  ensures we follow policy and law as it pertains to the
  6 C’s.
• I want to make sure my supervisors and I are
  personally engaged with our employees with the
  hopes of preventing a situation like this, so when
  signs indicate substance abuse, we can make referrals to
  EAP, get help from PEER SUPPORT, and the Employee
  Substance Abuse Program.
• Talking to our employees about our Substance Abuse
  and policies so they know what our expectations are.
• Foster an environment which is reflective of these
  polices.
• When we are confronted with a situation like this, I
  want to make sure our employees are treated with
  dignity, respect, and compassion. I know this will touch
  on them as well as everyone involved.

Question 2

Scenario
Notification
Closer observation
reasonable suspicion exist?

Answer 2

• Notification to chain of command and keep updated
• Direct a Sergeant to respond to location of the
  employee
  
  • closer observation.
  • Sergeant to evaluate the totality of the circumstances
  • determine if reasonable suspicion exists,
    
    • based upon specific articutable facts, observations
      and good faith to believe the employee is in
      violation of our substance abuse policy and/or
      California law.
• Make sure we:
  
  • Remove employee to private area
• Handle as privately as possible.
  
  • Explain our concerns.
  • Listen to their explanation and give it appropriate
    consideration.
• If this is CRIMINAL
  
  • handled as any other arrest
  • investigation will be conduct in a private setting,
    
    • employee will be changed out of their uniform,
    • secure any weapons/state property.
• Investigation includes
  
  • using FST’s, DRE if necessary,
  • chemical test,
  • booking/cite-and-release procedures
  • Chain of command approval.

Question 3

Scenario
Continual obs
POBR/MOU (if possible)
No representation
I am confirming official
Sensitive/non sensitive position

Answer 3

• Maintain continual observation and not allow the
  consumption of large amounts of water.
• If possible, review MOU and POBR
• Employee is NOT entitled to representation at this
  stage.
• Observing POBR, only asking medical questions on
  CHP202X.
• • Confirming official (me)
  • evaluate observations/facts/preliminary investigation
  • If I believe the employee is in violation of our substance abuse policy.
    
    • I will mandate the test.
      -If sensitive position
  • advise they are required to submit to chemical test
  • advise of consequences of positive test.
  • refusal will constitute insubordination.
  • Sensitive positions are required to submit to a chemical test

Question 4

Testing
Alcohol
Drugs

Answer 4

• If ALCOHOL suspected: They will be required to submit
  to an EVIDENTIARY BREATH TEST.
  
  • Conduct in private location if possible
  • Observe sample leave body
  • Attach breath results to CHP202X
  • A result of .04 or greater is in violation of our
    Substance Abuse policy.
  • If under a .04, it is a violation of Inconsistent and
    Incompatibilities policy.
• If DRUGS suspected: required to submit to a URINE
  TEST
  
  • Conducted in private location if possible
  • Employee is of same gender
  • Watch the sample leave their body
  • Obtain Sample:
  • Collect in an IA approved collection kit.
  • Complete labels, seals, and the chain of custody form.
    -Call contracted carrier for pick-up

Question 5

Documentation
202X
Medical Review officer
Representation
Administrative investigation?

Answer 5

• Make sure supervisor completes a CHP202X,
  Reasonable Suspicion Report. It will be completed and
  reviewed within 48 hours.
• Make sure supervisor completes a Memo to Substance Abuse Testing Coordinator.
• Afford employee an opportunity to complete a Memo
  to the Medical Review Officer.
  
  • Employee has right to Representation.
  • Seal separately and mark “CONFIDENTIAL.”
• If criminal or not initiate ADMINISTRATIVE
  INVESTIGATION with next level of command approval.

Question 6

After actions/notifications
dock pay
alcohol only
drugs suspected
ATO
EAP
Update chain of command
Follow up

Answer 6

• Regarding the disposition of the Employee,
  
  • dock-pay for remainder of the day
  • If only alcohol, employee will be able to return
    following shift as long as not in violation of our
    Substance Abuse policies
  • If drug use is suspected, employee is off until a
    negative test returns
• In the interim, the employee will be placed on
  Administrative Time Off
  
  • Peace Officer powers are suspended, and State-
    owned equipment will be secured.
  • Ensure safe transportation home.
  • Refer to EAP
  • Update Chain-of-Command
  • Ensure confidentiality
    -Follow up with employee afterwards to ensure good
    relationship, mental well being.

Question 7

Conclusion

Answer 7

As a Lieutenant, I know first responsibility is to make sure we don’t get in this situation in the first place. I know the public can get hurt, I know our employees can get hurt, it can subject us to civil liability, and cause a loss of trust within our Communities. So, I will do everything in my power to prevent this from occurring, but when we are faced with this, I will make sure we are holding our employees accountable to our Substance Abuse policies.