9.2 Flashcards
The ___ plays the most important role in any successful substance testing program. As they generally have the routine, daily contact with the employee for the purpose of directing and evaluating performance; therefore, ___ is in the best position to assess any changes in an employee’s job performance, behavior, and/or appearance.
First-line supervisor
For a 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) _______; and
(d) The employee’s rights are not violated.
The chain of custody is maintained
The state’s substance testing policy requires the involvement of specified managers in all substance tests as a ______ before any sample can be collected. These managers are to make certain the policy is properly applied and the test appropriately administered.
Confirming Official
The effectiveness of the substance testing program is dependent on the Department’s ability to justify its actions and demonstrate a proper application of the policy. The following elements are critical if the program is to be successful: (Name the six C’s)
Consistency, Confirmation, Collection of sample, Chain of Custody, Control of Quality, Contracts
_______ are peace officer positions and other positions in which drug or alcohol affected performance could endanger the health and safety of others.
Sensitive positions
Supervisors who suspect substance abuse by non-sensitive employees are encouraged to support their observations using the same criteria used to establish reasonable suspicion for sensitive positions. Since a chemical test will not normally be part of the investigation, it is essential that the supervisor’s final determination be based upon:
(1) ___ ;
(2) Close observation; and
(3) Good faith.
Articulable facts
Reasonable suspicion is the good faith belief based on:
(1) Specific articulable facts or evidence that an employee may have violated
the substance abuse policy; and
(2)______ .
Substance testing could reveal evidence in support of a violation
Supervisors investigating suspected substance abuse must remain aware of possible criminal violations (i.e., 11377 Health and Safety Code [H&S], 11350 H&S, 23152a/b Vehicle Code). If the supervisor believes criminal violations(s) exist, a criminal investigation:
should be conducted prior to the administrative investigation.
If the Substance Abuse Investigation Interview is conducted, the supervisor should keep in mind the employee’s rights under the ____. Only those questions pertaining to the employee’s possible need for medical attention should be asked.
Public Safety Officers Procedural Bill of Rights Act
In regard to substance abuse testing, the role of the first designated manager in the supervisor’s chain of command.
Confirming official
True or false: The CalHR rules provide for a urine test as the primary means of determining whether or not an employee has abused drugs. A breath test shall be used in cases of alcohol.
t
From the moment reasonable suspicion is developed until the time a sample is provided, the employee should remain _____. The employee should not be allowed to go to a car, locker, or desk without supervision
Under continual supervisory observation
Ensure at least ___ of urine is collected (to be split into two containers after collected)
60 milliliters (approximately two fluid ounces)
True or False: Employees refusing to cooperate at any stage of the collection process shall be ordered to cooperate and advised that failure to do so may subject them to disciplinary action for insubordination.
t
All positive results will be communicated to the __ for further evaluation. In this instance, the ___ will attempt to contact the affected employee directly for information (such as legal prescriptions) to determine if there is a legitimate medical explanation for the positive test.
Medical Review Officer
An employee may claim that a test which returns positive for marijuana is the result of a legitimate recommendation from a licensed physician, the MRO will consider marijuana to be a legal prescription.
As far as BAC, what amount is considered a positive test under substance abuse testing:
0.0004
If only alcohol is suspected, when should an employee return to work?
The following day
What general characteristics must be present in the non-peace officer positions for them to be designated “sensitive”?
Duties involve a greater than normal level of trust, responsibility for or impact on the health and safety of others.
-AND
Errors in judgment, inattentiveness or diminished coordination, dexterity or composure while performing duties could endanger the health and safety of others
-AND
Employees in these positions work with such independence or perform such tasks that it cannot be safely assumed that mistakes described above could be prevented by a supervisor or other employee.
What departmental classifications have been designated and approved (by the Commissioner and approved by CalHR) as sensitive positions?
1-All peace officers
2-All cadets
3-Automobile mechanic
4-Automotive technician series
5-Commercial Vehicle Inspection Specialist I and II
6-Public Safety Dispatcher and Public Safety Operator
7-Public Safety Dispatch Supervisor I and II
8-Gunsmith
9-Heavy Truck Driver
10-Lead Automobile Mechanic
11-Lead Motorcycle Mechanic
12-Motor Carrier Specialist I, II and III
13-Motorcycle Mechanic
14- School Pupil Transportation Safety Coordinator.
CalHR rules do not permit the mandated substance testing of persons in ______ positions?
Non-sensitive
If a supervisor suspects on-duty substance abuse of an employee in a non-sensitive position, prompt action is required. Can the supervisor order the employee to submit to a chemical test if there is suspicion of substance abuse?
No. Additionally, the supervisor shall not attempt to elicit a chemical test from a “non-sensitive” employee.
Since a chemical test will not normally be part of a substance abuse investigation for a non-sensitive employee, it is essential that the supervisor’s final determination be based upon what?
1-Articulable facts
2-Close observation AND
3-Good faith.
Circumstances, observations and/or witness statements leading to a determination of substance abuse SHALL be documented using the ___________ Report format outlined in Chapter 11, Documentation.
Reasonable Suspicion
Adverse action SHOULD/SHALL be sought when there is a determination of substance abuse?
SHOULD
Supervisors SHOULD/SHALL review the applicable MOU when dealing with a non-sensitive employee whom they suspect of substance abuse to determine if there is additional action that they must take or are precluded from taking.
SHALL
CCR Section 599.960 authorizes substance testing for employees serving in designated _______ positions when reasonable suspicion exists.
sensitive
______________ exists only after the appointing power or a designee (confirming official) has also considered the facts and or evidence and agrees that they constitute a finding of reasonable suspicion.
Reasonable Suspicion
Any determination of reasonable suspicion muse be made in ________
Good Faith
Reasonable suspicion must be based on what? Not hunches or “gut feelings.”
identifiable facts and/or evidence
If a criminal violation(s) exists, a criminal investigation SHOULD/SHALL be conducted prior to an administrative investigation.
SHOULD
For uniformed employees, evidence gathered during a criminal investigation can be used to support the administrative investigation; however, the administrative investigation ________ be used to support the criminal investigation.
cannot
Criminal arrest/investigation reports involving non-uniformed employees ______ be used to support an administrative investigation unless the incident described in the report resulted in a conviction.
may not
_____ detectable level of alcohol is prohibited by the statement of Inconsistent and incompatible Activities.
Any
The use of the PAS device to establish ____________ is not authorized
Reasonable Suspicion
Non-Uniformed supervisors SHOULD/SHOULD NOT seek the assistance of a uniformed supervisor to corroborate reasonable suspicion whenever possible.
SHOULD
Only those questions pertaining to the employee’s possible need for medical attention should be asked. Deviation from this could lead to incriminating questions being asked, resulting in a possible violation of ____.
POBR
When considered ______, anonymous tips may be the basis for initiating closer observation of the employee to determine/establish reasonable suspicion.
credible
If closer observation does not yield facts or evidence to support a violation, an anonymous tip alone is ____________ to order a substance test.
not sufficient
CalHR requires that a “reliable informant” be a __________ who is willing to testify on behalf of management.
peace officer
The role of the Confirming Official is what?
1-Consider the facts and/or evidence and agree weather or not they support reasonable suspicion.
2-Ensure accurate and proper application of the rules.
3-Provide guidance and direction
4-Authorize the substance test.
The purpose of substance testing is to determine _______ impairment rather than past behavior
current
Regarding employee substance abuse, when does the testing process begin?
Answer: The testing process begins after the confirming official has authorized a chemical test.
Since urine is no longer an option for alcohol testing, all alcohol testing will be conducted using what method?
Answer: An evidential breath testing device.
Per CalHR rules, what is the primary means of determining whether or not an employee has abused drugs?
Answer: A urine test.
To what must employees suspected of being under the combined influence of alcohol and a drug(s) be required to submit?
Answer: To both a urine test and breath test.
After a urine test is obtained from an employee for suspected drug abuse, how is it to be preserved?
Answer: It is required to be frozen.
A sample collection of the employee’s urine or breath may be conducted by authorized personnel at the following locations?
Answer: The work location or any approved medical or custodial facility.
Regarding observation of an employee suspected of being under the influence of alcohol and/or drug(s), when should the employee remain under continual supervisory observation?
Answer: The employee should remain under continual supervisory observation from the moment reasonable suspicion is developed until the time a sample is provided.
Why should the employee not be allowed to void his or her bladder until the sample is collected?
Answer: To secure the best possible urine sample.
Substance testing experts believe the best time to collect a urine sample is within how many hours of the initial observation?
Answer: Two to four hours.
What shall the supervisor do before collecting a urine sample from the employee following?
- Obtain a sample kit provided by the Department
- Open the plastic bag and locate the checklist form (Annex A)
- Ensure all required items are included
- Read the instructions on the checklist
- Fill out chain of custody form and seal
- Collect the sample in the container provided in the kit
- Ensure at least 60 milliliters (approximately two fluid ounces) of urine is collected (to be split into two containers after collected)
- Secure the sample in a locked evidence locker
- Make arrangements with the designated courier service to have the sample transported to the laboratory.
- Notify the Office of Internal Affairs (Attention: Substance Testing Coordinator) of the sample collection.