9.2, Substance Testing

Question 1

_________ are the main defense in maintaining a drug-free workplace.

Answer 1

Supervisors

HPM 9.2, Chapter 1

Question 2

When a problem arises, it is the __________ responsibility to confront the situation and initiate the proper action, including substance testing.

Answer 2

Supervisor’s

HPM 9.2, Chapter 1

Question 3

The state’s substance testing policy requires the involvement of specified managers in all substance tests as a ___________ before any sample can be collected.

Answer 3

Confirming official

HPM 9.2, Chapter 1

Question 4

While supervisors and managers have specific roles in the substance testing process, _________ shall alert a supervisor to indications that another employee is involved in substance abuse.

Answer 4

All departmental employees

HPM 9.2, Chapter 1

Question 5

What are the six critical elements of any successful substance abuse testing program?

Answer 5

1) Consistency
2) Confirmation
3) Collection of sample
4) Chain of custody
5) Control of quality
6) Contracts

(HPM 9.2, Chapter 1)

Question 6

What are the four types of tests that have been established to combat substance abuse by their employees?

Answer 6

1) Random
2) Annual or periodic
3) Probable cause
4) Reasonable suspicion

(HPM 9.2, Chapter 2)

Question 7

What constitutional amendment protects an employee from self-incrimination?

Answer 7

The Fifth Amendment

HPM 9.2, Chapter 2

Question 8

What constitutional amendment guarantees the right to due process and has been the basis for challenges to certain substance testing programs?

Answer 8

The Fourteenth Amendment

HPM 9.2, Chapter 2

Question 9

Liability arising when it can be shown that a supervisor negligently failed to supervise subordinates appropriately, and the negligence resulted in an injury to a co-worker and/or the public, is known as __________.

Answer 9

Negligent supervision

HPM 9.2, Chapter 2

Question 10

Although the Department does not condone the use of illegal substances under any circumstances, CalHR policy addresses only _______________.

Answer 10

On-duty impairment

HPM 9.2, Chapter 3

Question 11

Only employees serving in __________ positions shall be subject to substance testing.

Answer 11

Sensitive

HPM 9.2, Chapter 3

Question 12

If a conflict exists between CalHR policy and the provisions of a Memorandum of Understanding (MOU), which one is controlling?

Answer 12

The MOU

HPM 9.2, Chapter 3

Question 13

How many different positions in the CHP have been classified as sensitive?

Answer 13

14

HPM 9.2, Chapter 3

Question 14

True or False: CalHR rules permit the mandated substance testing of employees in non-sensitive positions.

Answer 14

False

HPM 9.2, Chapter 3

Question 15

Name the three basic criteria used by supervisors to establish reasonable suspicion of workplace substance abuse.

Answer 15

1) Articulable facts
2) Close observation
3) Good faith

(HPM 9.2, Chapter 3)

Question 16

A good faith belief that an employee has violated the Department’s workplace substance abuse policy is known as ____________.

Answer 16

Reasonable suspicion

HPM 9.2, Chapter 6

Question 17

California Code of Regulations Section 599.960 authorizes substance testing for employees serving in designated sensitive positions when ____________ exists.

Answer 17

Reasonable Suspicion

HPM 9.2, Chapter 6

Question 18

Who is required to honestly and critically evaluate the facts and/or evidence before arriving at the conclusion that reasonable suspicion of a workplace substance abuse policy violation exists?

Answer 18

The supervisor and the confirming official

HPM 9.2, Chapter 6

Question 19

True or False: A supervisor’s intuition alone is enough to establish reasonable suspicion of a workplace substance abuse policy violation.

Answer 19

False

HPM 9.2, Chapter 6

Question 20

According to HPM 9.2, what four events and/or conditions may trigger reasonable suspicion of a workplace substance abuse policy violation?

Answer 20

1) An industrial accident
2) Unusual demeanor or appearance
3) Atypical behavior
4) Abnormal work performance

(HPM 9.2, Chapter 6)

Question 21

When investigating suspected substance abuse, if the supervisor suspects criminal violations, a ________ should be conducted prior to the administrative investigation.

Answer 21

Criminal investigation

HPM 9.2, Chapter 6

Question 22

True or False: to preserve the integrity of any evidence gathered during a criminal investigation related to workplace substance abuse, the nature of the investigation should be withheld from the employee being investigated.

Answer 22

False ( the nature of the investigation should be clearly explained to the employee)

(HPM 9.2, Chapter 6)

Question 23

True or False: employees are required to submit to field sobriety tests (such as a PAS test) during criminal investigations.

Answer 23

False

HPM 9.2, Chapter 6

Question 24

Can evidence gathered during a criminal investigation of a uniformed employee be used to support the administrative investigation?

Answer 24

Yes

HPM 9.2, Chapter 6

Question 25

Can evidence gathered during an administrative investigation be used to support the criminal investigation?

Answer 25

No | HPM 9.2, Chapter 6

Question 26

According to the Inconsistent and Incompatible Activities statement, what is the maximum allowable BAC level while on duty or on standby for duty?

Answer 26

None (not even the odor of alcohol on the breath) | HPM 9.2, Chapter 6

Question 27

During a workplace substance abuse investigation interview, questions posed to the involved employee shall be limited to ___________.

Answer 27

Those pertaining to the employee's possible need for medical attention.. (HPM 9.2, Chapter 6)

Question 28

If information regarding substance abuse is brought forward by a peace officer who is willing to publicly testify on behalf of management, this employee is referred to as a ______________.

Answer 28

Reliable informant | HPM 9.2, Chapter 6

Question 29

True or False: information from a reliable informant alone could be the foundation for reasonable suspicion.

Answer 29

True (although supervisor must be extremely careful in these circumstances) (HPM 9.2, Chapter 6)

Question 30

The substance testing process begins after the ___________ has authorized a chemical test.

Answer 30

Confirming official | HPM 9.2, Chapter 7

Question 31

CalHR rules provide for a __________ test as the primary means of determining whether or not an employee has abused drugs.

Answer 31

Urine | HPM 9.2, Chapter 7

Question 32

Employees suspected of being under the combined influence of alcohol and drugs are required to submit to a ______ test.

Answer 32

Both urine and breath | HPM 9.2, Chapter 7

Question 33

True or False: from the moment reasonable suspcion is developed until the time a sample is provided, the employee should remain under continual supervisory observation.

Answer 33

True | HPM 9.2, Chapter 7

Question 34

When obtaining a urine sample from an employee, the supervisor shall ensure at least _______ of urine is collected so the sample can be split into two containers of _______ each.

Answer 34

60 milliliters; 30 milliliters | HPM 9.2, Chapter 7

Question 35

If, after waiting for a reasonable period for an employee to produce a urine sample, the employee fails to do so, this will be treated as a _______ which constitutes a __________.

Answer 35

Refusal; Presumption of Impairment | HPM 9.2, Chapter 7

Question 36

If transportation of an employee for substance testing is necessary, the ________ should personally transport the employee to an approved medical or custodial facility.

Answer 36

Supervisor who made the initial observation and developed the reasonable suspicion (HPM 9.2, Chapter 7)

Question 37

When conducting substance testing of an employee, is the person collecting the sample required to be the same sex as the involved employee?

Answer 37

Yes | HPM 9.2, Chapter 7

Question 38

When conducting substance testing of an employee, is the person collecting the sample required to actually view the urine leave the body of the involved employee?

Answer 38

Yes | HPM 9.2, Chapter 7

Question 39

Refusal to cooperate at any stage of the substance abuse testing collection process is considered ________ and may lead to adverse action against the involved employee.

Answer 39

Insubordination | HPM 9.2, Chapter 7

Question 40

Notification to the Office of Internal Affairs shall be made no later than _______ hours after a specimen is collected in relation to suspected workplace substance abuse.

Answer 40

48 hours | HPM 9.2, Chapter 7

Question 41

When the laboratory testing (related to suspected workplace substance abuse) is completed, the results will be communicated directly to the ___________.

Answer 41

Medical Review Officer (MRO) | HPM 9.2, Chapter 7

Question 42

Will urine tests collected in relation to suspected workplace substance abuse be tested for alcohol?

Answer 42

No | HPM 9.2, Chapter 7

Question 43

What chemical test is performed when an employee is suspected of workplace substance abuse involving alcohol?

Answer 43

Breath | HPM 9.2, Chapter 7

Question 44

When collecting a urine sample in connection with suspected workplace substance abuse, the supervisor shall (in the presence of the employee) note the temperature of the sample within ______ minutes of the collection.

Answer 44

4 minutes | HPM 9.2, Chapter 7

Question 45

What are the four supervisory considerations when dealing with an employee submitting to a substance test?

Answer 45

1) Safety 2) Potential disciplinary action 3) Proper enforcement of the state's substance testing rules 4) The employee's rights and privacy (HPM 9.2, Chapter 8)

Question 46

When substance abuse is suspected, the Department has an obligation to do what two things?

Answer 46

1) Verify the suspicion and order testing 2) Determine what may have caused the circumstance to lead to reasonable suspicion (HPM 9.2, Chapter 8)

Question 47

If a uniformed employee is suspected of workplace substance abuse, his or her weapon shall be secured until _________.

Answer 47

Return to full duty | HPM 9.2, Chapter 8

Question 48

On the day of substance testing, the involved employee shall be placed on _______ status for the remainder of his or her shift.

Answer 48

Dock | HPM 9.2, Chapter 8

Question 49

An employee suspected of workplace substance abuse should be placed on ________ until the test results are known, or a decision has been made with respect to the administrative action.

Answer 49

Paid administrative time off (ATO with pay) | HPM 9.2, Chapter 8

Question 50

During what phase of the substance abuse testing process is the employee entitled to representation?

Answer 50

During the administrative interrogation | HPM 9.2, Chapter 8

Question 51

Can a supervisor making initial contact with an affected employee displaying signs or symptoms of substance abuse ask clarifying questions related to his or her unusual, abnormal, of inefficient behavior?

Answer 51

Yes | HPM 9.2, Chapter 8

Question 52

Are employees who are subject to substance testing entitled to a full copy of any test results and related documentation of the testing process?

Answer 52

Yes | HPM 9.2, Chapter 8

Question 53

If an employee requests his or her sample to be retested by the same laboratory or another laboratory certified by the US Department of Health, who pays for the re-test?

Answer 53

The employee | HPM 9.2, Chapter 8

Question 54

Should negative test results by included in an employee's personnel file?

Answer 54

No | HPM 9.2, Chapter 10

Question 55

If an employee has a positive substance test result, how long will the adverse action file be maintained in his or her personnel file?

Answer 55

5 years | HPM 9.2, Chapter 10

Question 56

A Reasonable Suspicion Report _________ (should/shall) be completed whenever a determination of reasonable suspicion of workplace substance abuse leads to substance testing.

Answer 56

Shall | HPM 9.2, Chapter 11

Question 57

What report must be prepared by the supervisor who made the initial determination of reasonable suspicion?

Answer 57

CHP 202X, Workplace Substance Abuse Investigation/Voluntary Testing Report (HPM 9.2, Chapter 11)

Question 58

Can a CHP 202X, Workplace Substance Abuse Investigation/Voluntary Testing Report indicating a negative test result be retained in the employee's personnel folder?

Answer 58

No (under no circumstances) | HPM 9.2, Chapter 11

Question 59

What is the role of the Medical Review Officer?

Answer 59

To receive positive test results and evaluate them from a medical point of view. (HPM 9.2, Chapter 9)

Question 60

If an affected employee who has been ordered to participate in substance testing has additional information for the MRO to consider, whose responsibility is it to provide that information?

Answer 60

The employee's | HPM 9.2, Chapter 9

Question 61

If a urinalysis or discussion between the affected employee and the MRO identifies other medical conditions not previously known to the Department or the employee, the employee may be directed to complete a ___________.

Answer 61

Fitness-for-Duty Examination | HPM 9.2, Chapter 9

Question 62

If workplace substance testing results are negative, is the Reasonable Suspicion Report still required to be completed with a copy provided to the employee?

Answer 62

Yes | HPM 9.2, Chapter 11

Question 63

Negative substance testing results will be forwarded to the Office of Internal Affairs, where it will be retained for a period of _______ years from the date of the test, or until adjudication.

Answer 63

2 years | HPM 9.2, Chapter 11

Question 64

Are employees (non-sensitive classifications or those involved in critical incidents) allowed to voluntarily provide samples for substance testing?

Answer 64

Yes | HPM 9.2, Chapter 11

Question 65

Results of workplace substance testing will only be released on a ___________ basis.

Answer 65

need-to-know | HPM 9.2, Chapter 10

Question 66

What CHP command is the office of primary interest for commercial driver drug and alcohol testing for the Department's commercial vehicle drivers?

Answer 66

Enforcement and Planning Division/Commercial Vehicle Section | HPM 9.2, Chapter 12

Question 67

What are the only drugs permitted to be tested for under the commercial drug and alcohol testing regulations?

Answer 67

1) Marijuana 2) Cocaine 3) Amphetamines 4) Opiates 5) PCP (HPM 9.2, Chapter 12)

Question 68

A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program is known as a _____________.

Answer 68

Medical Review Officer (MRO) | HPM 9.2, Chapter 12

Question 69

Is pre-employment alcohol testing of commercial drivers required by regulation?

Answer 69

No, and such testing shall not be performed | HPM 9.2, Chapter 12

Question 70

What are the five scenarios under which a commercial driver shall not be called in for the purpose of participating in a random drug test?

Answer 70

1) Driver is on vacation 2) Driver is on RDO's 3) Driver is on sick leave 4) Driver is off on CTO 5) Driver is off on other leave status (HPM 9.2, Chapter 12)

Question 71

Under what conditions may a commercial driver be tested for alcohol?

Answer 71

Only while performing safety-sensitive functions, immediately prior to performing safety-sensitive functions, or immediately after performing safety-sensitive functions (HPM 9.2, Chapter 12)

Question 72

When a commercial driver has an alcohol test result with an alcohol concentration of .02% BAC or greater but less than .04% BAC, the driver shall not be permitted to drive a regulated vehicle until _________ hours have elapsed since the test.

Answer 72

24 hours | HPM 9.2, Chapter 12

Question 73

For commercial drivers, use of alcohol is not permitted while on duty, driving a commercial vehicle, or within _____ hours prior to driving a commercial vehicle.

Answer 73

4 hours | HPM 9.2, Chapter 12