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My Test Study > 9.2 Substance Abuse > Flashcards

9.2 Substance Abuse Flashcards

1
Q

Which employees are subject to substance testing based on reasonable suspicion?

A

Only employees serving in sensitive positions.

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2
Q

Can CalHR’s policy be superseded by a Memorandum of Understanding (MOU)?

A

Yes, a Memorandum of Understanding can supersede CalHR’s policy.

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3
Q

If a conflict exists between CalHR rules and a negotiated MOU, which one is controlling?

A

The negotiated MOU is controlling in case of conflict.

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4
Q

Under what circumstances can an employee voluntarily submit to a substance test after an incident?

A

After being involved in a significant incident, such as combat shooting or major traffic collision.

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5
Q

When can a supervisor suggest a substance test for an employee?

A

A supervisor may suggest a test if there is reasonable suspicion of substance abuse.

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6
Q

Is an employee’s decision not to be tested documented as a refusal?

A

No, an employee’s decision not to be tested shall NOT be documented as a refusal.

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7
Q

Are employees required to sign a consent or waiver for drug or alcohol testing?

A

Employees shall NOT be required to sign a consent or waiver for testing.

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8
Q

Which departmental classifications have been designated as sensitive positions?

A

All peace officers, cadets, automobile mechanic, and more.

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9
Q

Where are Receipt and Acknowledgment forms forwarded after employees acknowledge receipt of rules?

A

Forms are forwarded to Human Resources Section, Personnel Files Unit.

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10
Q

How long are documents regarding sensitive positions retained?

A

Documents are retained until the employee permanently separates from the department.

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11
Q

What are the responsibilities of the supervisor in the sample collection process?

A

Obtain sample kit, ensure proper urine collection, notify Substance Testing Coordinator.

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12
Q

Why is a urine test preferred over blood testing for drug abuse detection?

A

Less intrusive, can be collected by non-medical personnel, detects drug use over a longer period.

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13
Q

What action should a supervisor take for an employee suspected of alcohol and drug use?

A

Require submission to both urine and breath tests.

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14
Q

When should a supervisor use a breath test for an employee suspected of alcohol abuse?

A

For employees suspected of abusing alcohol.

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15
Q

What should the supervisor do if an employee refuses to cooperate during the sample collection process?

A

Order cooperation, advise of possible disciplinary action, no physical force.

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16
Q

What is the role of the Medical Review Officer (MRO) in drug testing results?

A

Evaluate positive results, contact affected employees, determine medical explanations.

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17
Q

What happens if the MRO cannot reach the affected employee after 7 days?

A

Test considered positive by non-contact if no contact or exculpatory information.

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18
Q

What is the storage duration for negative urine samples?

A

3 weeks.

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19
Q

How long are positive samples stored and at what temperature?

A

Secured for 1 year at minus 20 degrees or lower.

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20
Q

When should supervisors use a breathalyzer for testing?

A

When only alcohol abuse is suspected.

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21
Q

What must supervisors do after completing a Reasonable Suspicion Report?

A

Sign the document and submit it to the manager who approved the substance test.

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22
Q

When should supervisors provide documentation of reasonable suspicion to affected employees?

A

In most instances, within 48 hours of the determination.

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23
Q

What is the process if test results are negative in a workplace substance abuse case?

A

The Reasonable Suspicion Report must still be completed, reviewed, and provided to the employee.

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24
Q

In what circumstances will the Reasonable Suspicion Report and test results be included in the Request for Adverse Action?

A

If the test results are positive.

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25
Q

What actions will supervisors and confirming officials take if an employee appeals an adverse action?

A

They will be called upon to testify at the hearing regarding their observations and actions.

26
Q

How long will documentation regarding workplace substance abuse incidents be maintained by the Substance Testing Coordinator?

A

For a period of two years, or until any associated litigation is adjudicated.

27
Q

What must supervisors do if a driver can’t be tested within 32 hours following a qualifying collision?

A

Stop trying to conduct a drug test and document the reason why the test was not conducted.

28
Q

How soon must supervisors of commercial vehicle drivers receive training on recognizing signs of drug use and alcohol abuse after promotion?

A

Within 30 days of promotion to supervisor.

29
Q

When is a driver with an alcohol concentration of 0.02% to less than 0.04% not permitted to drive?

A

Until at least 24 hours have elapsed since the test.

30
Q

Under what circumstance is a driver with an alcohol concentration of 0.02% to less than 0.04% not subject to the return-to-duty process?

A

When the driver is not subject to the return-to-duty process.

31
Q

Can supervisors mandate substance testing for non-sensitive positions?

A

No, CalHR rules do NOT permit mandated substance testing for non-sensitive positions.

32
Q

What criteria should supervisors use to establish reasonable suspicion for substance abuse?

A

Articulable facts, close observation, and good faith.

33
Q

When should adverse action be sought for suspected substance abuse?

A

Adverse action should be sought when there is a determination of substance abuse.

34
Q

What level of blood alcohol content constitutes a positive test for substance testing?

A

A blood alcohol level of .04 percent.

35
Q

Can supervisors elicit a chemical test from non-sensitive employees?

A

No, supervisors shall NOT attempt to elicit a chemical test from non-sensitive employees.

36
Q

What is the purpose of using a Reasonable Suspicion Report?

A

To document and support observations of suspected substance abuse.

37
Q

When does reasonable suspicion exist regarding substance abuse?

A

When specific articulable facts/evidence suggest a violation of the policy.

38
Q

Who must approve initial determinations made by a supervisor under CalHR rules?

A

The Commissioner or the Commissioner’s designee.

39
Q

Who can make the initial determination for reasonable suspicion in employee substance abuse?

A

The appointing power or a designee (confirming official).

40
Q

What is the role of a confirming official in substance abuse determinations?

A

To approve each initial determination made by a supervisor.

41
Q

When should a sample be collected for substance testing?

A

Within 2 to 4 hours of the initial observation.

42
Q

What is the main purpose of substance testing?

A

To determine current impairment rather than past behavior.

43
Q

Who plays the most important role in a substance testing program?

A

The first-line supervisor.

44
Q

What must each supervisor ensure for an effective substance test?

A

Proper documentation, correct sample collection, maintained chain of custody, and not violating employee’s rights.

45
Q

Before any sample is obtained, who must approve the supervisor’s reason for suspicion?

A

A specified departmental manager.

46
Q

What must be done before taking action against an employee for substance abuse?

A

A sample must be properly collected and analyzed.

47
Q

What must a supervisor refer to when it comes to different MOU’s?

A

The specific contract covering the involved employee(s).

48
Q

What are some types of tests to combat substance abuse by employees?

A

Random, annual or periodic, probable cause, reasonable cause or suspicion.

49
Q

What does the Fourteenth Amendment guarantee?

A
  • The right to due process.
50
Q

What issues are addressed in debates regarding the state’s rights to personal information?

A

Fourth amendment - search and seizure, Fifth amendment - self-incrimination, Fourteenth amendment - due process.

51
Q

What does the lack of due process most frequently allege?

A

A lack of advance notice, no advisement of consequences, inadequate opportunity to respond, lack of opportunity to challenge test results.

52
Q

Who directed CalHR to develop policies for a drug-free state workplace?

A

Governor Deukmejian.

53
Q

What status should an employee be placed on following a test or refusal?

A

Dock status for the remainder of the shift on the day of the test.

54
Q

When only alcohol is suspected, what status should an employee be returned to?

A

Full duty the following day if no longer under the influence.

55
Q

What actions are required if a peace officer is involved in a substance test?

A

Immediately suspend peace officer powers and request for secondary employment.

56
Q

What must employees do after providing a urine sample?

A

Be given a memorandum explaining substance testing and their rights.

57
Q

How long will positive test results and reasonable suspicion be maintained?

A

For a period of 5 years.

58
Q

Who can confidential substance test records be released to?

A

The tested employee, designated individual, Medical Review Officer, CalHR, or necessary individuals.

59
Q

What is required in an interrogative interview related to substance testing?

A

The employee is entitled to representation during the interview.

60
Q

How should supervisors handle the need to interrogate an employee before sample collection?

A

They should weigh the need carefully and ideally conduct the interview after sample collection.

61
Q

In what circumstances should negative results NOT be included in the employee’s personnel file?

A

When the results are negative and no other cause for action exists.

62
Q

What physical indicator might be present if someone has been drinking alcohol?

A

Alcohol on the breath

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