9.2 Substance Abuse Flashcards
Each supervisor must ensure what 4 things in regards to substance abuse?
1- reasonable suspicion is supported by proper documentation
2- the sample is properly collected
3- the chain of custody is maintained
4- the employee’s rights are not violated
What must happen before any sample can be collected in the state substance abuse testing policy?
The involvement of specified managers is required before a sample can be taken
What are the elements that are essential for the substance abuse testing to be successful? (6 c’s)
1- consistency
2- confirmation (manger approval must be given before sample can be take)
3- collection of sample
4- chain of custody
5- control of quality
6- Contracts (different MOU’s for different employee’s)
The courts have consistently held that, where there exists ___________, the interests of the government outweigh the privacy interest of the person employed in positions demanding public trash and/or upon which the publics health and safety depend.
reasonable suspicion
What is the employee to be made aware of before a test is taken in a substance abuse investigation ?
the exact reasons for the departments actions
the consequences for a positive test and/ or the what action the department will take if the employee refuses to submit the the test.
When are employee’s subject to the substance abuse policy?
While on duty or on standby for duty
Standby for duty includes where an employee might be required to respond for a protest special event or natural disaster
Do legal prescriptions apply to to the substance abuse policy?
Yes, no employee shall attempt to perform duties which, because of drugs taken due to a legal prescription, cannot be performed without posing a threat to the health and safety of the employee or others.
Can an employee submit to a voluntary test if there is no reasonable suspicion?
Yes they may.
A supervisor may suggest it, but if they deny nothing can be done. IF the employee takes it, it will be paid for by the department.
What are the 14 sensitive positions for substance abuse testing?
1- all peace officers 2- all cadets 3- auto mechanic 4- lead auto mechanic 5- automotive tech series 6- m/c mechanic 7- lead m/c mechanic 8- commercial veh inspect specialist I &II 9- Public Safety disp and operator 10- Public Safety disp supervisor I & II 11- Heavy truck driver 12- Motor carries specialist I, II, & III 13- School Pupil Transp Safety Cord 14- Gunsmith
Reasonable suspicion is the good faith belief based on: (for substance abuse)
1- Specific articulate 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. (reasonable suspicion exits only after a the appointing power or a designee (confirming official ) has considered the facts and/or evidence and agrees to the reasonable suspicion.
What is “positive test” for alcohol for sensitive employees?
.04 or above.
but .01 to .03 will still be Inconsistent and Incompatible
Can a Pas be used to establish reasonable suspicion in a substance abuse investigation?
no, but it could be used during the criminal investigation if there is one, such as 23152 VC (voluntary on employee’s part)
What kind of questions can be asked of an employee when substance abuse is being investigated?
Questions pertaining to the employee’s possible need for medical attention. such as are you sick or injured, did you bump your head (watch for POBR violations)
Can a confirming official be the suspected employee’s immediate supervisor or the person who made the initial observation?
NO in event
What test is required for a alcohol and/ or drugs as it relates to substance abuse testing?
alcohol = breath only drugs= urine only
combo= must take both
What must a supervisor do from the moment reasonable suspicion is developed until the collection is made?
maintain continual supervisory observation
How much urine is required to be collected for a substance abuse test?
At Least 60 Milliliters
It will be serrated into 2 separate 30 milliliters later in front of the employee
Who should transport the employee to get substance abuse tested?
should be the supervisor who made initial observation. if not, another supervisor must do it. In no event can an employee drive
If a certified medical person takes the substance abuse sample, what is required?
the must be same sex, and they must actually watch the urine leave the suspects body.
After a sample has been collected for a substance abuse investigation, what is required?
the Command shall make notification to the substance testing coordinator at the OIA w/ 48 hrs.
Is the employee entitled to representation during a substance abuse investigation?
not during the initial portion or during the testing. just during the conversation with the MRO or any subsequent interrogation.
What should a supervisor do if they suspected an abuse of alcohol but the breath test had .00/.00 results?
get a urine test
What happens with samples after they are collected? (both positive or negative)
negative= destroyed in 3 weeks positive= kept for 1 year, unless notification it will be challenged and it will be retained indefinitely
Once reasonable suspicion has been reached a supervisor should ? (6)
1- inform the employee that a test will be taken
2-assure the employee the sample will be collected in a proper setting
3- advise them of possible consequences of a positive test, which could include termination
4- if they refuse, inform them they could be subject to a/a and could lead to termination
5- make arrangements for testing, and transportation
6- if it is a uniformed employee, take and secure the duty weapon and belt until they are released to full duty.
What is the employee’s status after a substance abuse test has been collected?
dock status for rest of shift
They will usually be put on paid admin time off, and stay that way until the results are known.
If it was alcohol only, the employee should be returned to full duty the following day.
What will apply after a substance test has been collected of the employee refuses to submit to a test when directed?
1- for an officer, they powers will immediately be suspended along with request for 2nd employment
2- supervisor shall provide them with memo describing their rights and responsibilities
3- arrange to have employee taken home
4- if they refuse ride and you think they can’t take care of themselves they shall be kept at the office until they can be picked up by family or friend.
5- if they are so intoxicated that it poses an immediate threat to others, he should be taken to hospital or jail
Who pays for the employee’s sample to be tested if they want it reevaluated?
they do, at a certified lab
Does the written reasonable suspicion have to be provided to an employee immediately?
no, within 48 hours
Can the 202x indicating a negative test result be included in the employee’s personnel field folder?
no, under no circumstance.
However the negative lab report can be if the employee requests it.
Can a sample be take from an employee on a voluntary basis if they refuse to sign the 202x?
Yes, the supervisory would just need to document it.
