10.7, 70.4, Flashcards

1
Q

Any injury, such as a _____ which results from an occupational incident or exposure involving a single causative event in the work environment. Conditions resulting from _______ are considered to be injuries.

A

b. Occupational Injury

cut,
fracture,
sprain,
amputation, etc.,

bites, such as insect or snake bites, or from one-time exposure to chemicals

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2
Q

Any _____ or _____, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment.

This includes:

I C A I D S

A

c. Occupational Illness.

abnormal condition or disorder,

acute and chronic illnesses or diseases which may be caused by

inhalation,
cumulative trauma,
absorption,
ingestion,
stress, or
direct contact.

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3
Q

Nondisabling injury or illness which does not require first aid or medical treatment. ____ incidents shall be documented on a ____, Supervisor’s Incident Report-Record Only (refer to Annex A).

A

d. Record-Only Injury or Illness.

Record-only incidents

CHP 121E

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4
Q

Minor nondisabling injury or illness (splinter, scratch, cut, burn, etc.) which does not involve medical treatment. Record-only and ____ incidents shall be documented on a ___.

A

e. First Aid Injury or Illness.

First aid,

CHP 121E.

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5
Q

Injury or illness which requires more than first aid, may require more than one-time medical care, and the employee is able to return to work (full or limited duty) following the date of the injury or illness. Examples:

(1) Employee sustains an injury or illness during working hours but completes the assigned work shift.
(2) Employee sustains an injury or illness during working hours and is incapable of completing the work shift due to the injury or illness; however, employee reports to work (full or limited duty) for the next scheduled work shift.
(3) Employee sustains a work-related injury or illness during nonworking hours; however, employee reports to work (full or limited duty) for the next scheduled work shift.

A

f. Nondisabling Injury or Illness.

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6
Q

Injury or illness which results in an employee being unable to return to work following the date of the injury or illness. Examples:
(1) Employee sustains an injury or illness during working hours and is incapable of reporting to work for the next scheduled work shift or a subsequent work shift due to the injury or illness.
(2) Employee sustains a work-related injury or illness during nonworking hours and is incapable of reporting to work for the next scheduled work shift or a subsequent work shift due to the injury or illness.
HPM 10.7 1-4

A

g. Disabling Injury or Illness.

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7
Q

Disabling injury or illness which requires overnight hospital care other than for observation, a lengthy disability status, or disability retirement.

A

h. Serious Injury or Illness.

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8
Q

A _____ of an injury or illness which does not have a new, clearly defined incident to cause injury or illness. It is a spontaneous reappearance of a prior condition.

A

k. Recurrence of Injury or Illness.

recurrence

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9
Q

______ has an identifiable new incident of injury or illness and shall be processed as a new injury or illness.

A

An aggravation of an injury or illness

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10
Q

An injury or illness claim for which there is reason to question whether the injury or illness is work-related. Injury and illness claims should not be deemed questionable simply because they are not witnessed or are a result of cumulative trauma. If, based on facts and information obtained during preparation of the employee’s CHP 121, Employer’s Report of Occupational Injury or Illness, there is reason to question whether the injury or illness is work-related, the claim should be deemed questionable pending State Fund’s decision of acceptance or denial. Reasons for questioning the claim shall be documented in detail on the employee’s CHP 121. Any additional supporting documentation shall be attached to the CHP 121.

A

m. Questionable Injury or Illness.

NOTE: A CHP 121 filed by an employee who is currently under an internal investigation shall be marked “questionable.” The definition of “investigation” can be found in Highway Patrol Manual 10.2, Internal Investigations Manual, Chapter 3, Progressive Discipline. As previously stated, the reason for questioning the claim shall be documented in detail on the CHP 121. It is recommended that this information be placed in Section 35 of the CHP 121. Specifics of the investigation or the subject matter of the investigation shall not be noted on the CHP 121.

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11
Q
  1. DEATH, SERIOUS INJURY OR ILLNESS. If a death, serious injury, or illness occurs, the commander or designee shall ensure required notifications are made.
    a. Telephone Notification. Division and the appropriate Assistant Commissioner shall be notified immediately by telephone. The following persons shall be telephoned in the order listed until one is contacted:
A

(1) Appropriate Assistant Commissioner.
(2) Executive Assistant to appropriate Assistant Commissioner.
(3) Deputy Commissioner.
(4) Commissioner.

NOTE: In the event contact cannot be made with the appropriate Assistant Commissioner or on-call designee, contact the Emergency Notification and Tactical Alert Center at (916) 843-4199 (see General Order [GO] 100.80, Notification and Report of Emergencies and Unusual Occurrences).

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12
Q
  1. DEATH, SERIOUS INJURY OR ILLNESS. If a death, serious injury, or illness occurs, the commander or designee shall ensure required notifications are made.

b. An _____ shall be transmitted to the appropriate Assistant Commissioner and DRU within ____ of occurrence (see GO 100.80).

A

MIS-Web Message. 24 hours

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13
Q
  1. DEATH, SERIOUS INJURY OR ILLNESS. If a death, serious injury, or illness occurs, the commander or designee shall ensure required notifications are made.
A

a. Telephone Notification. Division and the appropriate Assistant Commissioner shall be notified immediately by telephone. The following persons shall be telephoned in the order listed until one is contacted:
(1) Appropriate Assistant Commissioner.
(2) Executive Assistant to appropriate Assistant Commissioner.
(3) Deputy Commissioner.
(4) Commissioner.
NOTE: In the event contact cannot be made with the appropriate Assistant Commissioner or on-call designee, contact the Emergency Notification and Tactical Alert Center at (916) 843-4199 (see General Order [GO] 100.80, Notification and Report of Emergencies and Unusual Occurrences).

b. MIS-Web Message. An MIS-Web Message shall be transmitted to the appropriate Assistant Commissioner and DRU within 24 hours of occurrence (see GO 100.80).

c. Reporting to Department of Industrial Relations, Division of Occupational Safety and Health. The Division of Occupational Safety and Health (DOSH) shall be notified by telephone within eight hours. Commands should log into the DOSH website at www.dir.ca.gov/dosh/report-accident-or-injury.html and follow the instructions to find the appropriate Enforcement Office to report the accident.

d. State Fund Notification. State Fund shall be notified by telephone as soon as possible at (888) 782-8338.

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14
Q
  1. CHP 121, EMPLOYER’S REPORT OF OCCUPATIONAL INJURY OR ILLNESS.
    a. Completion. CHP 121 shall be completed by the employee’s supervisor within____ of notification of an alleged occupational injury or illness (see Annexes P-1 and P-2).
    b. Typed. CHP 121 shall be _____.
    c. Employee’s Signature. The employee shall review and sign the field injury file
    copy of the CHP 121 within ______ of reporting an injury or illness.
    d. Employee’s Inability to Sign. If the employee is incapable of signing the field injury file copy of the CHP 121 within_______ of reporting an injury or illness, the supervisor shall document the circumstances which prevented the signing of the form in the comments section of the CHP 121. The employee shall then sign the form as soon as possible.

f. Commander’s Signature. The commander or designee shall review and sign the CHP 121 within_____ of notification of an injury or illness.

g. Filing With State Compensation Insurance Fund (SCIF). Pursuant to California Labor Code, Section 3760, and the State Administrative Manual, Section 2581.4, the commander or designee shall ensure the CHP 121 (unless ____ or ____) is filed with the appropriate SCIF office within _____of notification of an injury or illness.

h. Delay in Filing With SCIF. Filing of the CHP 121 with SCIF shall not be delayed for any reason. If necessary, the commander or designee shall submit a partially completed CHP 121 to include a statement that additional pertinent information will be forwarded as soon as possible. (SCIF will accept a fax copy pending submission of the completed original.)

A

24 hours, typed, 24 hours, 24 hours

three days,

record only or first aid without medical expenses incurred, five days

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15
Q
  1. CHP 121A, SUPERVISORY REVIEW OF OCCUPATIONAL INJURY, ILLNESS OR EXPOSURE.
    a. Completion. CHP 121A shall be completed by the employee’s supervisor within _____ of notification of an alleged occupational injury, illness, or hazardous exposure (see Annexes P-3 and P-4).
    HPM 10.7 5-2

b. Typed. CHP 121A shall be typed or neatly printed in ink.
c. Employee’s Signature. The employee shall review and sign the field injury file
copy of the CHP 121A within ______ of reporting an injury, illness, or hazardous exposure.
d. Employee’s Inability to Sign. If the employee is incapable of signing the
CHP 121A within ______ of reporting an injury, illness, or hazardous exposure, the supervisor shall document the circumstances which prevented the signing of the form in the comments section. The employee shall then sign the form as soon as possible.
e. Employee’s Refusal to Sign. If the employee refuses to sign the CHP 121A, the supervisor shall type or print “refused to sign” in the employee’s signature block and document the refusal in the comments section.
f. Commander’s Signature. CHP 121A shall be reviewed and signed by the commander or designee within _____ of notification of an injury, illness, or hazardous exposure.
g. Routing. Routing of the CHP 121A shall not be delayed for any reason. If necessary, the commander or designee shall forward a partially completed CHP 121A to include a statement that additional pertinent information will be forwarded as soon as possible.

A

24 hours, 24 hours, 24 hours,

three days

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16
Q

i. Temporary Assignment. If an injury or illness occurs while an employee is temporarily assigned to another command for reasons other than civil disturbance, the command where the employee is ______ assigned shall be responsible for the completion and filing of the CHP 121 (copy forwarded to the command of permanent assignment). The command where the employee is _____ assigned shall be responsible for subsequent case management.

A

temporarily,

permanently

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17
Q

j. Temporary Assignment Due to Civil Disturbance. If an injury or illness occurs while an employee is temporarily assigned to another command due to civil disturbance, the command where the employee is ____ assigned shall be responsible for the completion and filing of the CHP 121 and subsequent case management.

A

permanently,

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18
Q

k. Travel Status. If an injury or illness occurs while an employee is traveling to or from a temporary assignment, the command where the employee is ______ assigned shall be responsible for the completion and filing of the CHP 121 and subsequent case management.

A

permanently

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19
Q

l. Assignment Outside the Department. If an injury or illness occurs while an employee is temporarily assigned to and/or under the direct control and supervision of an entity other than the Department, the _____ shall be responsible for the completion and filing of the CHP 121 (copy forwarded to command of permanent assignment). The command where the employee is_____ assigned shall be responsible for subsequent case management.

A

appropriate Assistant Commissioner,

permanently

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20
Q

n. Training at Other Sites. If an injury or illness occurs while an employee is training at other sites, the command where the employee is ____ assigned shall be responsible for the completion and filing of the CHP 121 and subsequent case management.

A

permanently

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21
Q
  1. CHP 121C, MEDICAL INFORMATION RELEASE AUTHORIZATION.
    a. Employee’s Signature. The employee shall sign CHP 121C within ____ of reporting an injury or illness (see Annex P-6).
A

24 hours

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22
Q
  1. CHP 121B, EMPLOYEE REPORT OF INJURY.
    a. Completion. CHP 121B shall be completed and signed by the employee within ____ of reporting an injury or illness (see Annex P-5).
A

24 hours

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23
Q
  1. CHP 225, CALIFORNIA HIGHWAY PATROL OFFICER TASK STATEMENTS. __________ after notification a uniformed employee sustained an injury or illness requiring medical treatment beyond first aid, the supervisor shall provide the medical care provider with a CHP 225 to assist in determining if the employee may perform full or limited duty (see Annex P-8).
  2. CHP 270, PAGE 7, FITNESS PLAN. If a reported injury, illness, or hazardous exposure occurred during, or is related to, activities documented on the employee’s previously authorized fitness plan, copies of the plan are to be routed with the CHP 121.
  3. CHP 442, INDIVIDUAL ACCIDENT, INJURY AND SAFETY RECOGNITION RECORD. Within _______ of initial notification of, or any status change of, an employee injury, illness, or hazardous exposure, the supervisor shall record or update the incident on the employee’s CHP 442 (see Annexes P-9 and P-10).
  4. CHP 443, APPROVAL OF LIMITED DUTY ASSIGNMENT. _____ after notification of a nondisabling injury or illness which requires assignment of limited duty, the supervisor shall provide the employee’s medical care provider a CHP 443 (see Annex P-11).
A

As soon as possible,

three days,

As soon as possible,

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24
Q
  1. CHP 600, RIGHT TO PRIVACY INSTRUCTIONS RELATIVE TO OCCUPATIONAL INJURIES/ILLNESSES AND VEHICLE ACCIDENT REPORTS. Within _____ of notification of an injury or illness, the supervisor shall provide the employee with a copy of CHP 600 (see Annex P-12).
  2. CHP 601, COPING WITH YOUR INJURY. Within ______ of notification of an injury or illness, the supervisor shall provide the employee with a copy of CHP 601 (see Annex P-13).
A

24 hours,

24 hours,

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25
Q
  1. SCIF 3301, EMPLOYEE’S CLAIM FOR WORKERS’ COMPENSATION BENEFITS.
    a. Initiation. SCIF 3301 shall be initiated by the supervisor and provided to the employee within _____ of notification of an alleged injury or illness other than record only or first aid (see Annex P-14).

b. Routing. Completed SCIF 3301s shall be forwarded to SCIF within ______ of command receipt of the forms.

c. Receipt of a SCIF 3301 and/or a Doctor’s First Report of Injury Form. Command receipt of a SCIF 3301 and/or a Doctors First Report of Injury form shall be considered equivalent to employee notification of injury or illness. All applicable injury and illness reporting and routing procedures shall be implemented.

A

24 hours,

Five days,

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26
Q
  1. COMM-NET MESSAGE. A Comm-Net Message shall be transmitted to Disability and Retirement Unit (DRU) within _____ of notification of a nondisabling (other than record only or first aid) or disabling occupational injury or illness (see GO 100.80, Report of Unusual Occurrences).
  2. STATUS CHANGE COMM-NET MESSAGE. A Comm-Net Message shall be transmitted to DRU within _____ of either of the following occurrences:
A

24 hours,

24 hours,

a. Status Change to Nondisabling or Disabling. A record-only or first-aid injury or illness or hazardous exposure status changes to nondisabling or disabling (see GO 100.80).
b. Status Change of Nondisabling or Disabling. The status of a nondisabling (other than record only or first aid) or disabling injury or illness changes (see GO 100.80).

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27
Q
  1. GENERAL. The methods used by the California Highway Patrol (CHP) to detect and evaluate the impaired driver are consistent with National Highway Traffic Safety Administration (NHTSA) standards. Drivers under the influence of alcohol and/or drugs are detected and evaluated through a three-phase process:
A

Phase One - Vehicle In Motion;
Phase Two - Personal Contact;
Phase Three - Pre-arrest Screening.

28
Q

HGN
4 Position the stimulus approximately _____ inches in front of the subject’s nose and slightly above eye level.

A

12-15

29
Q

(1) Based on scientific research, the _____ SFST is considered to be the most sensitive psychophysical test.

A

Walk and Turn

30
Q
  1. PRELIMINARY ALCOHOL SCREENING (PAS) DEVICE. The PAS test ____ be given in conjunction with SFSTs or the alternative FSTs listed in this chapter. Except for unusual circumstances, the PAS device ____ be the last FST given to a subject.
A

Should,

Shall

31
Q

b. California courts (People v. Keltie [1983] 196 Cal.Rptr 243, People v. Hampton [1986] 209 Cal.Rptr 905, and People v. Thompson [2006] 38 Cal.4th 811) have ruled that under certain conditions, an officer may make a warrantless entry into a residence. The courts ruled that in order to make a lawful warrantless entry for a misdemeanor or felony DUI arrest in a residence, an officer must have probable cause to believe all the following conditions exist:

D E H T E

A

(1) The driver* is under the influence.
(2) Driving under the influence is an element* of the crime being
investigated.
(3) The driver is at home.
(4) The time
between the crime and arrest is brief enough that evidence
of the blood alcohol level is still present.
(5) The blood alcohol evidence* is in danger of imminent destruction (by dissipation or additional consumption).

32
Q

CITE AND RELEASE PROGRAMS CONSIDERATIONS

(5) The arresting officer shall admonish the arrestee and the responsible person of the following information:

A N R R

A

(a) The arrestee has been arrested for DUI.
(b) The arrestee is not to drive a motor vehicle until they are no
longer under the influence, or they may again be subject to arrest.
(c) The arrestee is responsible for their own actions.
(d) The arrestee is being released to the responsible person.

33
Q

CITE AND RELEASE PROGRAMS CONSIDERATIONS
(c) Coordinating with the local district/city attorney(s) and court(s) to determine proper procedures and guidelines for processing cite and release arrestees within their jurisdiction. Furthermore, the district/city attorney(s) and court(s) shall be consulted regarding criteria for individuals not eligible for release, such as the following:

PRIORS, DRUGS, VIOLENT, DANGER TO OTHERS

A

1 Prior DUI convictions.
2 Being under the influence of drugs.
3 Violent or aggressive behavior.
4 Being a danger to themselves or others.

34
Q

(2) Section 1213.1(c) of Title 13, California Code of Regulations (CCR), adopted per Sections 34501 and 34501.15 CVC, requires officers to place the operator of a commercial vehicle, as defined in Section 15210 CVC, out-of-service for a period of ____ when the driver is found to have a BAC of ___ percent or greater.

A

24 hours,

0.01

35
Q

(c) A driver shall be ordered out-of-service for 24 hours if the driver is found to have 0.01 percent or more, by weight, of alcohol in their blood. This can be determined by:
____,
____,

3 Officers shall submit a report on a ____ articulating the circumstances of the violation.

(a) Officers shall consider all the relevant evidence, including the results of the PAS test, in determining whether to place a driver out-of- service. The PAS readings shall not be rounded off to the nearest hundredth. For example, a reading of 0.009 percent shall not be interpreted as 0.01 percent.

A

1 An evidentiary chemical test, or

2 Circumstantial evidence, including the results of a PAS test (if
available), admission by the driver of how much they had to drink and at what time, an odor of an alcoholic beverage emitting from their breath, bloodshot eyes, FSTs, etc.

CHP 202,

36
Q

(2) The following are examples in which notification to ABC would be appropriate:

M P H

A

(a) Anytime a minor* is arrested for an alcohol-related offense. An extreme concern for ABC is the unlawful purchase and consumption of alcohol by young people.

(b) Anytime officers detect a pattern* of individuals involved in alcohol- related traffic crashes who identify the same establishment as the locations where they were served alcohol. In these situations, ABC can conduct follow-up investigations to determine if the establishment has been illegally serving alcohol to obviously intoxicated patrons and if corrective action against the premises is warranted.

(c) Anytime an impaired driver in a fatal (or other high* profile) traffic crash identifies the specific drinking establishment where they were served alcohol. Although it will vary by county, ABC has indicated that there may be situations which warrant investigation into an establishment which serves alcohol to the responsible party in a fatal (or other high profile) traffic crash.

37
Q

f. The Area commander shall ensure that the original DS 367 or DS 367M Officer’s Statement page, DMV’s copy (white) of the DS 367 or DS 367M Administrative Per Se Suspension/Revocation and Temporary Driver License, the violator’s California driver license (if available), and a copy of the breath test results are forwarded to DMV within ____. If the violator submitted to a blood or urine test, the chemical test results shall be forwarded to DMV using the DS 367A, Supplement to Officer’s Statement Blood/Urine Test Results, or the Department of Justice or County Forensics Chemical Test Results Certification within _____.

g. Regardless of the blood/urine chemical test results, all test results _____ be forwarded to DMV.

A

five business days,

15 calendar days,

Shall

38
Q

c. Areas shall ensure that blood and urine samples are delivered to the forensic laboratories in a timely manner in order to provide sufficient time for laboratory analysis. The Area commander shall coordinate with the local prosecutors and forensic laboratories to ensure that the chemical test results are obtained in a timely manner and that the chemical test results are forwarded to DMV within _____.

A

15 calendar days.

39
Q

Sobriety/driver license checkpoints _____ be situated on freeways or on highways where traffic speed or other conditions would pose an unreasonable threat to motorists or members of the sobriety/driver license checkpoint team.

b. Additional considerations for sobriety checkpoint sites include the presence of adequate lighting to illuminate the checkpoint, and an area adjacent to the checkpoint to allow for the parking of suspected DUI drivers’ vehicles and administration of field sobriety tests (FSTs). Sites without street lights may be used if portable lighting sufficient to ensure public and officer safety is used.

A

Shall not

40
Q
  1. OPERATIONAL PLANS.
    a. Areas shall prepare operational plans for each checkpoint and submit plans to their Division so they may be approved at least ____ before the scheduled date of operation. Copies of a previous plan may be used, with a new cover memorandum, if the checkpoint is in a location previously used and there are no substantial changes to the roadway configuration.
    b.
    (1) Divisions shall advise ACF and Impaired Driving Section (IDS) of the dates, times, and locations of checkpoints. This will be accomplished at least ______ in advance of the operation by Communications Network message or e-mail.
A

one week,

48 hours,

41
Q

The team leader is also responsible for ensuring a record is kept of the number of _____ that pass through the checkpoint, the number of _____ made, and any _____encountered. A log officer shall be appointed to perform record-keeping duties. The team leader _____ remain on site except for brief relief periods.

A

Vehicles,

Arrests,

Problems,

Shall,

42
Q

e. The team leader shall monitor traffic to ensure a back-up of vehicles does not occur. The average time a vehicle spends in the lane should not normally exceed _____. At intervals of approximately ________, a vehicle should be selected and timed through the checkpoint lane and the time noted on the CHP 205, Sobriety/Driver License Checkpoint Activity Report. If delays of more than _______ occur, the team leader may order alternate vehicles checked as specified in the operational plan. The team leader may discontinue checkpoint operations if alternate vehicle check procedures fail to prevent unreasonable traffic backups, and may consider moving to the alternate location designated in the operational plan.

A

three minutes,

Ten minutes,

Three minutes,

43
Q

c. Depending upon the configuration of the checkpoint, two or more officers ____ be used as screening officers. When approaching a vehicle, screening officers should scan the interior and occupants, with a flashlight, if necessary, for weapons and/or other contraband such as open containers of alcohol. Upon determining that no hazard exists, officers should greet the driver of the vehicle as follows: “Good evening sir/ma’am, this is a CHP sobriety and driver license checkpoint. May I please see your driver’s license?” After the driver license has been checked and deemed valid, and no signs of impairment are observed, the
HPM 70.4 8-10

driver should be handed an information pamphlet (if available), thanked for stopping, and allowed to continue. Delays of motorists should be kept to a minimum. Optimally, screening should not take more than _____.

A

should,

30 seconds

44
Q

b. It must be emphasized to all checkpoint team members that the primary purpose of the checkpoint is to detect and deter impaired driving, with a secondary goal of detecting drivers with an invalid license. A sobriety/driver license checkpoint is not a “fishing expedition” for other types of violations. The team leader ____ evaluate and approve all enforcement actions other than violations that are ____ or ____ related.

A

shall,

impairment or driver license

45
Q

a. Pursuant to Section 2814.2 CVC, a vehicle shall not be impounded at a sobriety checkpoint for Section 14602.6 CVC if the driver’s only offense is a violation of Section 12500 CVC. If an officer contacts a driver in violation of Section 12500(a) CVC during a checkpoint, the following provisions will apply:

R C P, DOCUMENT 215/180

A

(1) The officer shall make a reasonable attempt to identify the registered* owner of the vehicle.

(2) The vehicle shall be released to the registered owner, provided they are a licensed driver, or to any licensed driver authorized by the registered owner to take possession of the vehicle. The registered owner, or their authorized agent, has until the end of the checkpoint* to remove the vehicle.

(3) If a vehicle cannot be released by the end of the checkpoint, it may be parked and locked in a secure location if a validly licensed driver cannot be located, or the vehicle may be removed pursuant to Section 22651(p*) CVC.

(4) If a citation is issued for Section 12500(a) CVC, and the vehicle is released to either a licensed registered owner, or a licensed agent of the registered owner, the officer shall document the name and license number of the party taking possession of the vehicle on the officer’s copy of the CHP 215*, Notice to Appear.

(5) If a vehicle is impounded pursuant to Section 22651(p) CVC at the end of checkpoint operations, officers should document the steps taken to identify the registered owner, or a licensed agent of the registered owner, in the narrative portion of the CHP 180*, Vehicle Report. Additionally, officers should note the amount of time provided to the driver to produce a licensed registered owner, or licensed agent of the registered owner, prior to towing the vehicle.
8-13
__

46
Q
  1. PRESS RELEASES.
    a. Areas are required to provide a press release to the media _____ prior to the checkpoint operations. To assist Area commanders with this requirement, a sample checkpoint press release is included in Annex B of this
    chapter. Notifications shall include general information outlining date(s), time(s), and geographical areas where checkpoint operations will occur. No paid advertisements will be authorized.
    8-13 HPM 70.4

NOTE: Specific checkpoint locations shall not be released sooner than ______ prior to the checkpoint start time.

A

48 hours,

Two hours,

47
Q

NOTE: At least _____ warning signs shall be used when setting up a sobriety checkpoint:
_______

Employees should be advised to wear protective gloves while setting up the signs. This is necessary to ensure injuries do not occur from handling the signs and support mechanisms.

A

Six,

Two signs shall read SOBRIETY/DRIVER LICENSE CHECKPOINT AHEAD;
one sign shall read SOBRIETY/DRIVER LICENSE CHECKPOINT;
one sign shall read STOP AHEAD;
one sign shall read STOP; and
one sign shall warn of LEFT/RIGHT LANE CLOSED AHEAD.

48
Q

d. Informants/Witnesses. Officers may make a BUI arrest based upon information obtained from a commissioned, warrant, or petty officer of the USCG who directly observed the violation. Third-hand information ____ sufficient for an arrest.

A

For instance, a USCG officer relating the observations of another USCG officer and/or information received from a civilian USCG employee would be insufficient. However, since Section 655 HNC provides the information may be verbal or otherwise, a written report from an officer who directly observed the violation would be sufficient.

____

For misdemeanor BUI-related violations, Section 655(g) HNC indicates that information (verbal or otherwise) obtained from a commissioned, warrant, or petty officer of the USCG who directly observed the offense may provide the sole basis for establishing the necessary reasonable cause to make an arrest pursuant to Section 836 of the California Penal Code. Therefore, officers may make a BUI arrest when the misdemeanor conduct occurred in the presence of specified members of the USCG.

49
Q

b. Frequency. The PAS devices shall be checked for accuracy every ____ or ____, whichever occurs first, and calibrated when the accuracy check indicates calibration is required.

A

ten calendar days or 150 tests

50
Q

c. When to Record. Injuries and illnesses shall be recorded on the Log within ____ following knowledge of an injury or illness. The Log shall be updated when a status change of an injury or illness occurs.

A

six work days

51
Q

d. What to Record. The following injuries and illnesses shall be recorded (see Annex A):

A

(1) All occupational illnesses.

(2) All occupational deaths.

(3) All occupational injuries other than record only or first aid without medical
expenses.

(a) Lost Time Injuries or Illnesses. The employee is unable to report to work subsequent to the day of the injury or illness as a result of the injury or illness. Routine visits to medical care providers shall not be documented as lost time. Any portion of a lost work day shall be counted as a full day on the Log. All lost time shall be entered on the Log appropriate for the initial date of injury or illness.

(b) No Lost Time Injuries or Illnesses. Treatment extends beyond first aid, but the employee is able to report to work subsequent to the day of the injury or illness. The employee is not placed on limited duty nor incurs any lost time as a result of the injury or illness. Routine visits to medical care providers shall not be documented as lost time.

(c) Limited Duty (Restricted Work Activity). The employee is able to report to work subsequent to the day of the injury or illness but is temporarily assigned to limited duty until able to return to full duty, works at a permanently assigned job less than full time, or works at a permanently assigned job but cannot perform all duties normally connected with it. Routine visits to medical care providers shall not be documented as lost time. Any portion of a work day while on limited duty shall be counted as a full day on the Log. All limited duty time shall be entered on the Log appropriate for the initial date of injury or illness.
NOTE: All injuries (unless record only or first aid without medical expenses) and illnesses shall be entered on the Log and lined out if subsequently denied by State Fund.

52
Q

(2) Commanders shall submit a monthly CHP 121D to their respective Divisions by the ___ of each month. The report submitted to Division may contain information on employees who are assigned to limited duty or are off duty for ____; however, it shall contain information on employees who are assigned to limited duty or are off duty for ____ as a result of an occupational injury or illness. Negative reports ___ required.

A

10th,

less than 30 calendar days,

30 calendar days or more,

are

53
Q
  1. RECURRENCE OF AN INJURY OR ILLNESS.

a. Within ____ of reporting a recurrence of an injury or illness, the employee shall prepare a _____ detailing the circumstances surrounding the recurrence and a description of the injury or illness.

b. If the employee is incapable of preparing the ____ within ____ of reporting the recurrence, the employee shall prepare the ____ as soon as possible. In the interim, the employee’s supervisor shall prepare a ____ detailing the reported circumstances surrounding the recurrence to include a description of the injury or illness and the reason(s) for the employee’s inability to document the incident.

A

24 hours, CHP 51,

CHP 51, 24 hours, CHP 51, CHP 51

54
Q

(1) Pursuant to Section 40300.5 CVC, a peace officer may, without a warrant, arrest a person when the officer has reasonable cause to believe that the person had been driving while under the influence and any of the following exist:

A E I O A

A

(a) The person is involved in a traffic accident* (Section 40300.5[a] CVC).
1 “Accident” means any “unexpected and undesirable event, anything that occurs unexpectedly or unintentionally.” (Cowman v. DMV [1978] 86 Cal.App.3d 851.)
2 Section 40300.5 CVC applies to private property accidents, as well as those occurring on a highway. “Traffic, as used in this section, refers to the type of accident not the location.” (People v. Ashley [1971] 95 Cal.Rptr. 509.)
3 Section 40300.5 CVC also applies to a solo noninjury accident in which no significant property damage occurred. (Cowman [1978] 86 Cal.App.3d 851 [e.g., car went over embankment and became stuck in sand]).

(b) The person is observed by the peace officer in or about a vehicle which is obstructing* a roadway (Section 40300.5[b] CVC).

(c) The person will not be apprehended* unless immediately arrested (Section 40300.5[c] CVC).

(d) The person may cause injury* to themself or damage property unless immediately arrested (Section 40300.5[d] CVC).

(e) The person may destroy or conceal evidence* of the crime unless immediately arrested (Section 40300.5[e] CVC).
HPM 70.4 4-6

NOTE: Section 40300.5 CVC can be applied to the “destruction of evidence” caused by natural metabolization of blood alcohol if you have probable cause to believe the driver had consumed alcohol. (Thompson [2006] 38 Cal.4th 811.)

55
Q

c. Occasionally, DUI arrestees are hospitalized due to an injury or illness. If it appears that the arrestee will be required to stay in the hospital for an extended period of time, the officer shall ensure all evidence is lawfully obtained for later prosecution (e.g., chemical test and statements) and shall utilize one of the following procedures:

(1) Misdemeanor Driving Under the Influence Arrests.

G H Rx2 C

A

(a) Upon the concurrence of a supervisor, post an officer or officers at the hospital for the purpose of guarding* and subsequently booking the arrestee upon their release; or

(b) Book the arrestee into a hospital* jail ward controlled/operated by the law enforcement agency which is authorized to accept custody of prisoners (e.g., sheriff’s department, police department). This does not include sworn/nonsworn hospital security staff; or

(c) Release* the arrestee to the custody of a deputy/officer of the law enforcement agency which is authorized to accept custody of prisoners (e.g., sheriff’s department, police department). This does not include sworn/nonsworn hospital security staff. Arrange for an absentee booking of the arrestee at the appropriate booking facility; or

(d) Cite* and release the arrestee by having them sign a CHP 215. Cite and release procedures shall only apply in Areas that have a Cite and Release Program as described in paragraph 8. of this chapter; or

(e) Upon the concurrence of a supervisor, release* the arrestee pursuant to Section 849(b)(4) PC and issue a CHP 103, Certificate of Release from Custody. The officer shall provide the arrestee with a copy of the CHP 103 and file the original with the CHP 202. After arrest and release, the officer shall complete an arrest report detailing the arrest and release and request a complaint to be filed through the local district/city attorney. Releasing an individual pursuant to Section 849(b)(4) PC does not preclude the later filing of a criminal complaint nor does it prevent officers from subsequently arresting the individual when they are released from the hospital.
4-9 HPM 70.4

56
Q

c. Occasionally, DUI arrestees are hospitalized due to an injury or illness. If it appears that the arrestee will be required to stay in the hospital for an extended period of time, the officer shall ensure all evidence is lawfully obtained for later prosecution (e.g., chemical test and statements) and shall utilize one of the following procedures:

(2) Felony Driving Under the Influence Arrests.

G H RX3

A

(a) Upon the concurrence of a supervisor, post an officer or officers at the hospital for the purpose of guarding* and subsequently booking the arrestee upon their release; or

(b) Book the arrestee into a hospital* jail ward controlled/operated by the law enforcement agency which is authorized to accept custody of prisoners (e.g., sheriff’s department, police department). This does not include sworn/nonsworn hospital security staff; or

(c) Release* the arrestee to the custody of a deputy/officer of the law enforcement agency which is authorized to accept custody of prisoners (e.g., sheriff’s department, police department). This does not include sworn/nonsworn hospital security staff. Arrange for an absentee booking of the arrestee at the appropriate booking facility; or

(d) Upon concurrence of a supervisor, contact the on-call magistrate and request* the arrestee be released on their own recognizance. In some Areas, protocol requires contacting the on-call district attorney who will then contact the on-duty magistrate; or

(e) Upon the concurrence of a supervisor, release* the arrestee pursuant to Section 849(b)(4) PC and issue a CHP 103. The officer shall provide the arrestee with a copy of the CHP 103 and file the original with the CHP 202. After arrest and release, the officer shall complete an arrest report detailing the arrest and release and request a complaint to be filed through the local district/city attorney. Releasing an individual pursuant to Section 849(b)(4) PC does not preclude the later filing of a criminal complaint nor does it prevent officers from subsequently arresting the individual when they are released from the hospital.

57
Q

(2) Juveniles fall within the provisions of Section 23612 CVC and may legally consent to the drawing of blood in compliance with the Implied Consent law _____ parental permission.

(3) If the parent of a juvenile in any way interferes and directs or causes the juvenile not to submit to a chemical test, the following shall apply:

A

without,

(a) If the juvenile has selected the blood test, and the parent(s) refuses to sign the hospital form, this may constitute a refusal under implied consent unless the juvenile takes another test.

(b) If the juvenile has selected the breath or urine test, parental permission is not required and failure to take the test because of parental influence shall be construed as a refusal under the provisions of the Implied Consent law.

58
Q

c. Lost or Stolen Devices. Upon the loss or theft of any PAS device, the commander shall either initiate an investigation, or report the loss or theft to a local law enforcement agency. If the investigation is conducted by the involved command, a ____ shall be completed. The
____ shall be assigned a case number in accordance with General Order 100.38, Assignment of Case Numbers.

d. Automated Property System (APS) Entries. Commanders shall ensure that the serial number and CHP or federal number of a lost/stolen PAS device are entered into the _____ (mask menu #08), in accordance with the procedures outlined in Section 5 of the Criminal Justice Information System Manual.

A

CHP 216, Arrest-Investigation Report,

CHP 216,

CLETS APS

59
Q

a. Sobriety/driver license checkpoint teams should normally operate for periods of ____ to ____hours. The team leader may discontinue operations at any time for safety reasons.

A

four to six

60
Q

c. At the completion of each checkpoint, the team leader shall prepare copies of the CHP 205 for transmittal to the appropriate field Division and IDS. The copies shall be forwarded (via fax, mail, or e-mail) within ____ of the conclusion of the checkpoint operation.

A

48 hours

61
Q

(8) On a quarterly basis, report the following information to Division within ____ after the last day of the quarter:

(a) Total number of DREs.
(b) Total number of DRE evaluations.
(c) Total number of DRE evaluations which resulted in an opinion of the
suspect being under the influence.
(d) Total number of urine and blood samples collected by DREs.
(e) Total number of urine and blood samples returned from the
laboratory.
(f) Of the blood and urine samples returned from the laboratory, the total number of DRE opinions which were affirmed by the toxicology report.

A

30 days

62
Q

i. Hazardous Exposure.

A

Exposure to any chemical, biological, or physical agent which does not result in injury or illness.

63
Q

The questions contained on page 2 of the CHP 202, DUI Arrest-Investigation Report, may be asked without a Miranda admonition during an investigative detention. However, if the driver is placed under arrest, officers ____ advise him/her of his/her Miranda rights prior to asking any questions intended to solicit incriminating statements.

A

shall

64
Q
  1. APPLICATION OF DRIVING UNDER THE INFLUENCE STATUTES. The public offenses outlined in Sections 23100 through 23249.50 CVC, Division 11, Chapter 12, apply to vehicles upon the highways and elsewhere throughout the state (e.g.,____,___,____,____,____), unless expressly provided otherwise.
A

fire roads,
state parks,
rest areas,
public property,
private property

65
Q

c. The chemical test must be incidental to a lawful arrest and administered at the direction of a peace officer who has reasonable cause to believe such a person was driving a motor vehicle:
___, ___, ___.

d. Implied consent does not apply to:

____, ____.

A

(1) While under the influence of an alcoholic beverage and/or drug, as defined by Sections 109 and 312 of the California Vehicle Code (CVC), and in violation of Section 23152 or 23153 CVC; or,

(2) While under age 21, with a blood alcohol concentration (BAC) of 0.01 percent or greater, and in violation of Section 23136 or 23140 CVC.

(3) While on probation for DUI, with a BAC of 0.01 percent or greater, and in violation of Section 23154 CVC.
_____

(1) Persons arrested for attempted DUI (Section 664 Penal Code [PC]/Section 23152 CVC).

(2) Persons arrested for Section 21200.5 CVC (DUI Bicycle) or Section 21221.5 CVC (DUI Motorized Scooter).

66
Q

(6) Unconscious Drivers. Section 23612(a)(5) CVC states a blood sample may be taken from any driver arrested for DUI who is unconscious or otherwise in a condition rendering the subject incapable of refusal, unless ____

A

the medically qualified person refuses to withdraw the sample.

67
Q

(2) The only approved urine sample for BAC analysis is a sample collected no sooner than ____ after ____. The time the bladder was first voided, as well as the time the approved sample is obtained, shall be recorded.

(a) If the presence of drugs is suspected, a sample of the urine first voided should be retained for drug analysis.

A

20 minutes after first completely voiding the bladder