9.2 Substance Abuse

Question 1

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

Answer 1

Only employees serving in sensitive positions.

Question 2

Can CalHR’s policy be superseded by a Memorandum of Understanding (MOU)?

Answer 2

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

Question 3

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

Answer 3

The negotiated MOU is controlling in case of conflict.

Question 4

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

Answer 4

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

Question 5

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

Answer 5

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

Question 6

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

Answer 6

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

Question 7

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

Answer 7

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

Question 8

Which departmental classifications have been designated as sensitive positions?

Answer 8

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

Question 9

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

Answer 9

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

Question 10

How long are documents regarding sensitive positions retained?

Answer 10

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

Question 11

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

Answer 11

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

Question 12

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

Answer 12

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

Question 13

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

Answer 13

Require submission to both urine and breath tests.

Question 14

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

Answer 14

For employees suspected of abusing alcohol.

Question 15

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

Answer 15

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

Question 16

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

Answer 16

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

Question 17

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

Answer 17

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

Question 18

What is the storage duration for negative urine samples?

Answer 18

3 weeks.

Question 19

How long are positive samples stored and at what temperature?

Answer 19

Secured for 1 year at minus 20 degrees or lower.

Question 20

When should supervisors use a breathalyzer for testing?

Answer 20

When only alcohol abuse is suspected.

Question 21

What must supervisors do after completing a Reasonable Suspicion Report?

Answer 21

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

Question 22

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

Answer 22

In most instances, within 48 hours of the determination.

Question 23

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

Answer 23

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

Question 24

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

Answer 24

If the test results are positive.

Question 25

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

Answer 25

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

Question 26

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

Answer 26

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

Question 27

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

Answer 27

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

Question 28

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

Answer 28

Within 30 days of promotion to supervisor.

Question 29

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

Answer 29

Until at least 24 hours have elapsed since the test.

Question 30

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?

Answer 30

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

Question 31

Can supervisors mandate substance testing for non-sensitive positions?

Answer 31

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

Question 32

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

Answer 32

Articulable facts, close observation, and good faith.

Question 33

When should adverse action be sought for suspected substance abuse?

Answer 33

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

Question 34

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

Answer 34

A blood alcohol level of .04 percent.

Question 35

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

Answer 35

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

Question 36

What is the purpose of using a Reasonable Suspicion Report?

Answer 36

To document and support observations of suspected substance abuse.

Question 37

When does reasonable suspicion exist regarding substance abuse?

Answer 37

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

Question 38

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

Answer 38

The Commissioner or the Commissioner's designee.

Question 39

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

Answer 39

The appointing power or a designee (confirming official).

Question 40

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

Answer 40

To approve each initial determination made by a supervisor.

Question 41

When should a sample be collected for substance testing?

Answer 41

Within 2 to 4 hours of the initial observation.

Question 42

What is the main purpose of substance testing?

Answer 42

To determine current impairment rather than past behavior.

Question 43

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

Answer 43

The first-line supervisor.

Question 44

What must each supervisor ensure for an effective substance test?

Answer 44

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

Question 45

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

Answer 45

A specified departmental manager.

Question 46

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

Answer 46

A sample must be properly collected and analyzed.

Question 47

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

Answer 47

The specific contract covering the involved employee(s).

Question 48

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

Answer 48

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

Question 49

What does the Fourteenth Amendment guarantee?

Answer 49

- The right to due process.

Question 50

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

Answer 50

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

Question 51

What does the lack of due process most frequently allege?

Answer 51

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

Question 52

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

Answer 52

Governor Deukmejian.

Question 53

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

Answer 53

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

Question 54

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

Answer 54

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

Question 55

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

Answer 55

Immediately suspend peace officer powers and request for secondary employment.

Question 56

What must employees do after providing a urine sample?

Answer 56

Be given a memorandum explaining substance testing and their rights.

Question 57

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

Answer 57

For a period of 5 years.

Question 58

Who can confidential substance test records be released to?

Answer 58

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

Question 59

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

Answer 59

The employee is entitled to representation during the interview.

Question 60

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

Answer 60

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

Question 61

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

Answer 61

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

Question 62

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

Answer 62

Alcohol on the breath