9.2 Substance Abuse Testing Flashcards by Ruben Aceves

What must supervisors ensure for a substance test to be effective?

Ensure that:  
•	Reasonable suspicion is supported with documentation.  
•	Sample is properly collected. 
•	Chain of custody is maintained.  
•	Employee’s rights are not violated.

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Which departmental employees are obligated to notify a supervisor if they believe another employee is involved in substance abuse?

All departmental employees.

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Does a supervisor’s foundation for reasonable suspicion have to be approved by a manager before obtaining a sample from an employee suspected of substance abuse?

Yes.

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Does approval from a manager to obtain a sample from an employee suspected of substance abuse have to be in person, on-scene?

No. Approval can be obtained be telephone if the manager is not immediately available to be on-scene.

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Can action be taken against an employee suspected of substance abuse without a sample being collected and analyzed?

No.

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What major constitutional issues surround employee substance testing?

Fourth Amendment – search and seizure
Fifth Amendment – self-incrimination
Fourteenth Amendment – due process.

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What must exist so that the collection of an employee’s urine does not violate the Fourth Amendment?

Reasonable suspicion.

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Does chemical testing of an employee’s breath, blood, or urine violate the Fifth Amendment?

No. Fifth Amendment applies to testimonial and communicative evidence, not chemical tests.

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What precautions should the Department take to ensure that the Fourteenth Amendment is not violated during substance testing?

Employee should know the exact reasons for the Department’s action; consequences of a positive test result; action the Department will take if the employee refuses testing.

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Where can the Department of Personnel Administration’s policy on substance abuse and testing be found?

Title 2 of the California Code of Regulations.

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Does DPA substance abuse policy address on and off duty impairment?

No. Only on-duty impairment (includes employees on stand-by status).

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What does stand-by mean in DPA policy?

Employee is designated on-call and must be available to respond to an incident within a specified period of time.

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What is the DPA’s general policy on substance abuse?

No state employee who is on-duty or on stand-by shall:
• Use, possess, or be under the influence of illegal or unauthorized drugs, or other mind-altering substances; or
• Use or be under the influence of alcohol to any extent that would impede the employee’s ability to perform duties safely and efficiently.

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According to DPA policy, which employees are subject to substance testing?

Employees in sensitive positions when reasonable suspicion exists.

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According to DPA policy, can an employee be subject to periodic testing as a condition of continued employment?

Yes.

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What is the maximum period of testing for an employee subject to periodic substance testing?

One year.

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When periodic testing is instituted as a condition of continued employment, what shall be prepared?

Stipulated settlement.

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Can a stipulated settlement for periodic testing be offered to sworn personnel for the use of illegal drugs?

No.

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What is the retention period for the stipulated settlement?

12 months beyond the termination date of the stipulated settlement.

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Prescription drugs taken in excess of the amount prescribed would be considered what by DPA?

Unauthorized.

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What happens when DPA rules and an MOU conflict?

The MOU is controlling.

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Do DPA rules preclude employees for voluntarily submitting to a substance test after being involved in a significant incident?

No. Employees can voluntarily submit.

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Does the Department pay for the expense of a voluntary substance test of an employee?

Yes.

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When an employee is going to be voluntarily tested, what shall supervisors ensure?

The employee provides documentation, including a signature, to substantiate that the test is voluntary.

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A supervisor should or shall initial and date the document indicating that the employee is voluntarily submitting to substance testing.

Should.

Regarding the document indicating that an employee has voluntarily submitted to substance testing, the original shall be maintained in the field folder for how long and a copy provide to whom?

12 months / the employee.

Is the odor of alcohol or marijuana on an employee’s breath or person sufficient to determine reasonable suspicion in ordering a drug test?

No. Odor shall not be the sole basis for determining reasonable suspicion. However, the employee may be required to take a breath test. Administrative action may be taken based on the results of that breath test.

Can information on an officer’s medical condition secured through a substance abuse test be used to order a fitness-for-duty test?

Yes. Provided the reasonable suspicion for the drug test was based on objective symptoms

How many samples shall be taken for a substance abuse test for Unit 5 employees?

For Unit 7 employees, when shall the circumstances for which reasonable suspicion were based be given to the employee directed to submit to a substance abuse test?

Given to the employee orally at the time of testing; in writing within 72 hours of testing.

For Unit 7 employees, the circumstances for reasonable suspicion of substance abuse are documented on which form?

CHP 202.

For Unit 7 employees, what requirements are there for the person collecting the substance abuse sample from the employee?

Direct observation; trained person of same sex; cannot be employee’s direct supervisor or designee.

When shall copies of the substance abuse test results be given to the employee?

Within 3 working days of receipt of the results.

Unit 7 employees are required to have the results of the substance abuse test placed in their personnel file, regardless of the results.

False. Negative results shall not be placed in the personnel file unless the employee so requests.

When shall the DPA rules pertaining to drug testing and the substance abuse testing side letter be provided to new hires in Unit 7?

Within 3 weeks of employment.

Do appeals for drug testing results and adverse actions for Unit 7 employees go through the grievance / arbitration process of their contract.

No. Shall be through the State Personnel Board appeal process.

Are all classifications and positions in the Department subject to the requirements of substance testing?

No. Only those positions designated as “sensitive” by the DPA.

For the purposes of substance abuse testing, what is the definition of a sensitive position?

* All peace officers as defined in Section 830 PC * Any other position in which drug and alcohol affected performance could clearly endanger the health and safety of others.

Who designates sensitive positions within the Department?

Commissioner with approval from DPA.

How many sensitive positions are there within the Department?

Does the Department have to advise all employees in sensitive positions that they are so designated?

Yes

How are uniformed and non-uniformed employees advised that they are in sensitive positions?

By signing the Receipt and Acknowledgement Form. Uniformed employees do this as cadets. Non-uniformed employees do this as part of the pre-employment process.

What is the retention period for the Receipt and Acknowledgement Form?

Until the employee permanently separates from the Department.

Are nonsensitive employees precluded from voluntarily submitting to a substance test?

Under what conditions will the Department allow a nonsensitive employee to voluntarily submit a substance test?

When the Department receives an unsolicited request for the test (e.g. citizen complaint).

How should a supervisor investigate the suspected on-duty substance abuse of a nonsensitive employee?

Take prompt action; thorough investigation into the circumstances that led to reasonable suspicion.

How shall reasonable suspicion be documented for substance abuse of a nonsensitive employee

Reasonable Suspicion Report.

How is reasonable suspicion defined relative to substance abuse testing?

The good faith belief based on: • Specific articulable facts or evidence that the substance abuse policy may have been violated. • Substance testing could reveal evidence in support of the violation.

Can FSTs be utilized by a supervisor to establish reasonable suspicion for substance abuse?

Yes, but they have limited value since they were developed to determine impairment for driving

What BAC is considered a positive result for substance abuse testing?

.04 or greater. However, any detectable level of alcohol is prohibited.

Can a uniformed supervisor utilize the PAS to establish reasonable suspicion for substance abuse?

Yes.

If the PAS results indicate the presence of alcohol, is a chemical test still required for purposes of substance abuse testing?

Yes. Required by DPA rules.

Is an anonymous tip alone sufficient to order a substance test?

No. However, closer observation of the employee should be initiated if the tip is credible.

Could information from a reliable informant alone be the foundation for reasonable suspicion to order a substance abuse test?

Yes. The following conditions must be met: • Informant must be a peace officer willing to testify • The employee in question must be told who the informant is and what was said. • The employee must have the opportunity to respond to the allegations.

Does the determination of reasonable suspicion by a supervisor for substance abuse have to be confirmed?

Yes. By a confirming official, usually the first designated manager in the supervisor’s chain of command (lieutenant).

Who shall not be the confirming official?

The suspected employee’s immediate supervisor or the person who made the initial observation leading to reasonable suspicion.

What must accompany reasonable suspicion for substance abuse?

Belief that substance testing could reveal evidence of use. (Belief in current impairment is key.)

What is the primary test to determine if an employee has abused alcohol or drugs?

Urine.

Can a urine sample be taken at the employee’s work place?

Yes, if agreed to by the employee.

If the employee does not agree to the urine sample being taken at the work place, where shall it be taken?

At a medical or custodial facility

Can a urine sample be collected by the employee’s immediate supervisor?

Yes, unless prohibited by MOU.

Can a breath test be administered in lieu of a urine test?

Yes, if only alcohol is suspected.

Does the employee have to void his / her bladder prior to the collection of urine for substance abuse?

No. Shall not void bladder.

When must the employee be under continuous supervisory observation for substance abuse?

From the moment reasonable suspicion is determined to the time the employee provides a sample.

Is it necessary to obtain a urine sample as soon as possible?

No. Best time is within 2 – 4 hours after initial observation.

What is the minimum sample size required for a urine test for employee substance abuse?

60 milliliters (two fluid ounces)

Are employees permitted to drink water to assist them in providing a urine sample?

Yes. Won’t contaminate the sample.

Does an employee have to be given the option of providing a blood sample if he / she can not provide a urine sample in a reasonable time period?

No. No other options are required. It becomes a refusal.

Does the refusal of an employee to provide a chemical test constitutes a presumption of impairment?

Yes.

If it is necessary to transport an employee to a medical or custodial facility for chemical testing, who should provide the transportation?

The supervisor who made initial observation and developed reasonable suspicion.

If a uniformed employee is to be chemically tested outside of the work place, should he / she be allowed to change out of uniform?

Yes. Must still be observed.

Does the supervisor or authorized person collecting the urine sample from the employee have to be of the same sex as the employee?

Yes

Which company is contracted with DPA to test samples provided by employees? How does the sample get transported to that company?

PharmChem Laboratories / Airborne Express.

If an employee refuses to cooperate during any stage of the chemical testing process, can the supervisor order him / her to cooperate?

Yes. Employee is subject to disciplinary action for insubordination.

Can a supervisor use physical force to secure the collection of a sample from an employee for substance abuse?

Shall not use physical force.

If an employee is suspected of alcohol abuse, what should the supervisor do if the breathalyzer results are .00/.00?

Have the employee submit to a urine test to determine cause of impairment.

The DPA cut off for alcohol impairment is 0.04%. What is the supervisor’s recourse if an employee is below .04 % BAC?

Take administrative action per the Inconsistent and Incompatible Activities Statement.

Is the employee suspected of substance abuse entitled to a portion of the sample provided?

Yes. Can be reanalyzed at employee’s expense.

Does the employee providing a sample have to initial the label?

Yes.

If the determination for substance testing has been made, the supervisor should or shall take and secure the employee’s weapon until released to duty.

Shall

If the determination for substance testing has been made, should the employee be allowed to return to duty?

No. Should not be allowed to return until negative test results are confirmed.

On what work status shall the employee placed following substance abuse testing?

Dock status for the remainder of the day of testing. Administrative time off for day following testing and until results come back and decision made for administrative action. If only alcohol is suspected, the employee should be returned to full duty the day following testing provided employee is completely recovered from effects.

What criteria shall apply to the employee after substance testing has been conducted?

* Peace officers powers immediately suspended. * Immediately surrender all state property. * Suspensions remain at least until test results are know.

The supervisor shall arrange to have the employee transported home after substance testing.

Yes. In no event is the employee to drive himself home.

If the test results are negative, is the dock time converted to paid status.

Yes.

Interrogation of an employee for substance abuse should occur before or after chemical testing?

After.

Are employees entitled to representation during the collection of a sample for substance abuse?

No. Not unless specifically permitted in an MOU.

Is the employee entitled to representation during the supervisor’s initial contact and interview to question him / her about abnormal behavior?

No.

Is the employee entitled to copies of test results and related documentation concerning substance abuse?

Yes.

Who makes the final determination of an employee’s substance test result?

The Medical Review officer.

Negative test results and the documentation regarding reasonable suspicion should or shall not be kept in the employee’s personnel folder?

Shall not. The employee can request that the information be kept in his / her personnel folder.

Information and documentation regarding negative substance test results are sent to headquarters and maintained for how long?

5 years or until any litigation has concluded, whichever is longer.

Positive substance test results and related documentation are maintained by the Department for how long?

5 years.

Documentation of the observations that lead to reasonable suspicion for substance testing should be provided to the employee within how much time?

48 hours, except when not reasonable or where otherwise dictated by MOU.

What is the Reasonable Suspicion Report prepared on?

CHP 202, marked “confidential.”

Does the Reasonable Suspicion Report have to be typewritten?

No. Can be handwritten because of the quick, 48-hour turnaround.

If the Medical Review officer discovers other conditions, or the presence of other controlled substances, through evaluation of an employee’s substance test, can that information be that information be given to the Department for a fitness-for-duty examination?

Shall be reported to the Department for consideration and / or action.

Are an employee’s substance test results and the circumstances surrounding the test confidential?

Yes

Who can an employee’s substance test results and the circumstances surrounding the test be released to?

Shall be released only to: • Employee tested • Person designated in writing by the employee tested. • Medical Review officer • DPA • Persons who need the information to supervise or assign the employee, determine what action the Commissioner should take, or to respond to appeals or litigation