09.2 Substance abuse Flashcards
What are the stages for a substance test to be effective that a supervisor must ensure are followed..
Reasonable suspicion supported by documentation
Sample properly collected
Chain of custody
POBR / employee rights not violated
Who is the main line of defense in maintaining a drug free work place
Supervisors
Who ,it’s be contacted prior to collection of samples
Confirming official
Before any auction for substance abuse can be taken a sample must be properly collected
T or f
True
Fourth Amendment covers
Search and seizure
Fifth Amendment covers
Self incrimination
Fourteenth amendment covers
Due process
What are the common reasons claims are made due process was denied ?
Lack of advanced notice
No advisement of consequences
Inadequate opportunity to respond to charges
Lack of opportunity to challenge test or order additional test to compare
Failure to establish impairment or job relatedness of the test
An employee found to have violated the substance abuse policy may be required to submit to periodic testing for up-to 6mo, year, 1 1/2 year or 2 years
1year
An MOU can supersede DPA rules if a conflict exists MOU is controlling…
MOU is controlling supervisor should be familiar with the MOU
If employee voluntarily submits to a test the supervisor should ensure the employee provides documentation indicating test with signature and date the documentation shall be maintained in the field folder for 12,18 or 24 months
12 months
What are the 14 sensitive positions
All peace officers. Gunsmith
Cadets Heavy truck driver
Auto tech. Lead auto mechanic
Auto tech series. Lead motorcycle mechanic
CVIS I and II. Motor carrier spec I & II
Dispatchers I & II. Motorcycle mech
Dispatch super I &II. School bus trans safety coordinator
When are uniformed personnel apprised they are in a sensitive position and how long is document retained
At the academy as cadet for length of employment
Are non-sensitive subject to mandatory testing..
No they may give voluntarily but cannot be compelled or ordered to give a test.
It is essential that Reasonable be based up what 3 things;
Articulable facts
Close observations
Good faith
Reasonable suspicion is the good faith belief based on what 2 things
articulable facts or evidence an employee may have violated sub abuse policy
Substance testing could reveal evidence of the violation
Reasonable suspicion must be based on what
Specific identifiable facts and /or evidence
The reasonable suspicion report must be completed within 24, 48 or 72 hours
48
Evidence gathered during administrative investigation can or can not be used in a criminal investigation?
Can Noy
Evidence gathered during a criminal investigation can or can not be used for an administrative investigation.
Can
What amount is considered a positive test too intoxicated to drive…
.04
What test methods is primarily used for alcohol and drugs?
Alcohol Breath drugs urine
How much urine should be collected, 50, 60, 90, or 100 ml
60 ml
Positive test results samples are retained for 1 year and indefinitely if challenged..
T or F
True
How many samples must be attained for unit 5 employees 1, 2, or 3
2
To identify the specimen you label it with employee name ad I.D.
ID only
Where does breath and urine sample go after testing
Blood DPA approved courier breath staple to reasonable suspicion report
Reasonable suspicion report completed and a copy provided to employee with in 24,48 or 72 hours
48
What are the primary concerns as a supervisor conducting the test.. 4
Safety of employee
Potential disciplinary action up to and including dismissal
Proper enforcement of state substance abuse rules
Employee rights
What happens to employee after completion of test…
Breath= Dock status remainder of shift return to full duty next working day
Blood dock remainder of shift then admin time of until test results are in approved through asst. commissioner
After test results memorandum should, may, shall be completed explaining supervisions roll and employee’s rights , and explaining EAP.
Shall
When are employees allowed representation during a substance abuse case…
During an interrogation
Prostive test and reasonable suspicion report retained 3, 5, 7 10
5 years
What form is the reasonable suspicion report done on and how shall it be marked
202 confidential 48hrs
Governor Deukmejian issued anExecutive Order D-58-86 (Annex 3-A) on September 24, 1984, 1985, 1986, to establish a
substance testing policy to combat the effects of substance abuse in the state
workplace
1986
For the substance test to be effective, each supervisor must ensure that:
.
a) Reasonable suspicion is supported by proper documentation;
(b) The sample is properly collected;
(c) The chain of custody is maintained; and
(d) The employee’s rights are not violated
The following elements are critical if the program is to be successful: C C C C C C
Consistency Confirmation Collection of sample Chain of custody Control of quality Contracts
Employees suspected of being under the combined influence of alcohol and a drug(s) are required to submit to both a urine and breath test or urine test only?
Both test are required
substance testing experts believe the best time to collect a sample is within 1-2, 2-4, or 4-6 hours from initial contact..
2-4
If a peace officer is involved(suspected substance abuse), his/her peace officer powers will be
immediately suspended along with any requests for secondary employment.
True or false…
True
The sample collection process may, should, or shall include an opportunity for the employee to provide information (Memo) about factors other than illegal substance use, such as taking legally prescribed medication, that could cause a
positive test result.
Shall
