9.2 Substance Abuse Flashcards
First line supervisors play ____________ in any successful substance testing program.
the most important role
Substance abuse program effectiveness is established and maintained through…
Six C’s
1) CONsistency
2) CONfirmation
3) Collection of Sample
4) Chain of Custody
5) CONtrol of Quality
6) CONtracts
For effective substance abuse testing, supervisors must ensure all four of the following:
1) Reasonable suspicion is supported by proper documentation
2) The sample is properly collected
3) The chain of custody is maintained
4) The employee rights are not violated
The right NOT to self incriminate is implicated only by _______ or ________
evidence
1) Testimonial
2) Communicative
*Does not apply to chemical tests
Does the 4th Amendment apply to employee rights when it comes to substance abuse?
No.
Due to the dependency of the public on law enforcement, the Government’s need to ensure the sobriety of its employees outweigh a employees right to privacy
True or False
Only employees serving in sensitive positions shall be subject to the substance testing when there is reasonable suspicion.
True
Reasonable suspicion is composed of what three elements?
1) Articulable facts
2) Close observation
3) Good faith
Blood alcohol level which will result in a positive test
.04
Blood alcohol level where adverse action can be sought
ANY detectable amount
True or false
An anonymous tip alone is sufficient to order a substance test
False
A reliable informant is defined as:
A peace officer willing to testify on behalf of management
True or False
When a reliable informant is used to establish reasonable suspicion, the employee in question must be told who the reliable informant is and what they said.
True
True or false
In no event shall the confirming official be the suspected employees immediate supervisor or the person who made the initial observation leading to reasonable suspicion
True
Careful considerations to be made prior to administering a substance test
1) Ensure a gender appropriate supervisors present to administer
2) Confirm testing protocol for applicable bargaining unit
3) Determine the appropriate test (breath for alcohol) (urine for drugs)
4) Employees willingness to provide sample at work location
How much urine volume must be collected during a sample?
At least 60 milliliters (or 2 ounces)
*separated into two containers after sample
True or False
Supervisors SHALL use the breathalyzer when ONLY alcohol is suspected
True
When alcohol is suspected and a breathalyzer test yields a BAC of .00%, what should the supervisor do next?
Secure a urinalysis to determine the cause of impairment.
Positive specimen samples shall be secured under what conditions and for how long?
-20 degrees centigrade
for
ONE YEAR
Without reasonable suspicion and after a significant incident, can a supervisor request a substance test?
NO.
A supervisor may suggest a test, but no action can be taken if an employee does not participate.
When is an employee REQUIRED to submit to a substance test when reasonable suspicion is found?
When their classification is determined to be a sensitive position.
True or False
Supervisors SHALL NOT attempt to elicit a chemical test from an employee whose position has been designated as non-sensitive
TRUE
Notification (fax or email) to Office of Internal Affairs shall be made within _______ when a sample is collected
48 hours
When it comes to substance abuse, a supervisors actions should be guided by the following factors:
1) Safety
2) Disciplinary action
3) Substance abuse rules
4) Employee rights
True or False
Negative test results may be stored in the employees personnel folder
FALSE
*Nor shall the reasonable suspicion documentation
What is the appropriate document to use when composing a reasonable suspicion report?
CHP 202X
How long does a supervisor generally have to get a thorough reasonable suspicion report to the confirming official?
48 hours
True or False
A CHP 202X shall be completed whether an employee is or is not required to submit to substance abuse testing
False.
A report is only required when it is necessary to execute such testing.
True or False
When a criminal investigation is conducted, a reasonable suspicion report SHALL be completed
TRUE
Substance abuse testing. The Government Code allows for the testing of on-duty and stand by for duty employees only. True or False
True
Before a urine sample is collected. Who must make the decision as the confirming official?
Manager. Must also ensure that policy is properly applied and test properly administered.
True or False. The manager acting as a confirming official must be physically present during the investigation.
False. May be done by telephone if needed.
Employees must be made aware of what prior to taking a urine test?
Exact reasons for action, consequences of a positive test result, and/or what actions the Dept. will take if the employee refuses the test.
What employee designation(s) are subject to substance abuse testing when reasonable suspicion has been established?
Sensitive Positions
Does the odor of alcohol or marijuana on an employee’s breath provide reasonable suspicion?
No. The State agrees that it cannot be used as the sole basis in ordering a drug test.
How many samples shall be taken from Unit 5 employees?
Two. Made available to employee for alternate testing upon request.
A sensitive position is any peace officer and any other position that drugs or alcohol could endanger the health and safety of others.
How many positions are classified as sensitive?
What Are they?
14
All peace officers/cadets
Auto Mechanics / Techs
CVIS 1 and 2
PSD and PSDS
Gunsmith, Heavy Truck Driver
Lead Auto Mechanic, Lead M/C Mechanic
Motor Carrier Specialist 1, 2, 3
M/C mechanic, School Pupil Trans Safety Coordinator
True or False
Non-sensitive employees are required to provide a test if suspected of being under the influence?
False. Only voluntary. However, the Commander may take action against the employee.
Reasonable suspicion for testing: A good faith belief based on specific and articulable facts that the employee has violated the policy and test could reveal evidence. What else is required before a test is conducted?
A confirming official must also agree there is reasonable suspicion.
What is considered a positive blood alcohol amount (BAC)?
.04 / Any amount is prohibited
Who is the confirming official and what is their role?
First designated manage in the supervisor’s chain of command. Their role is to:
1. Consider Facts / PC
2. Ensure accurate and proper application of rules
3. Provide guidance and direction
4. Authorize the test
True or False: When suspecting substance abuse, POBR does not apply?
False. Only questions surrounding the employees need for medical attention should be asked (page 2 of CHP 202), i.e. are you sick or injured?, Did you bump your head?, etc
What test shall be used if the employee is suspected of just being under the influence of alcohol? What about combo alcohol/drugs?
Breath test.
Breath and urine.
No VOID allowed.
Testing generally done at the office. However an employee may be transported to a medical facility or custodial. True or False
True
If impairment is still suspected and the breath test is .00, What should be done?
Collection of a urine test if impairment is still suspected.
If alcohol only is suspected, when should an employee return to work?
The following day
Documentation: What are the confirming official’s responsibilities?
- Review report
- Ensure accurate representation of circumstances and reasonable susp.
- Sign and provide copy to employee within 48 hours (CHP 202X)
- If employee refuses to sign, note on document and have a witness initial
