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Coco > 9.2, Substance Testing > Flashcards

9.2, Substance Testing Flashcards

1
Q

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

A

Supervisors

HPM 9.2, Chapter 1

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2
Q

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

A

Supervisor’s

HPM 9.2, Chapter 1

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3
Q

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

A

Confirming official

HPM 9.2, Chapter 1

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4
Q

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.

A

All departmental employees

HPM 9.2, Chapter 1

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5
Q

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

A

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

(HPM 9.2, Chapter 1)

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6
Q

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

A

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

(HPM 9.2, Chapter 2)

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7
Q

What constitutional amendment protects an employee from self-incrimination?

A

The Fifth Amendment

HPM 9.2, Chapter 2

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8
Q

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

A

The Fourteenth Amendment

HPM 9.2, Chapter 2

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9
Q

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 __________.

A

Negligent supervision

HPM 9.2, Chapter 2

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10
Q

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

A

On-duty impairment

HPM 9.2, Chapter 3

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11
Q

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

A

Sensitive

HPM 9.2, Chapter 3

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12
Q

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

A

The MOU

HPM 9.2, Chapter 3

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13
Q

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

A

14

HPM 9.2, Chapter 3

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14
Q

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

A

False

HPM 9.2, Chapter 3

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15
Q

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

A

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

(HPM 9.2, Chapter 3)

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16
Q

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

A

Reasonable suspicion

HPM 9.2, Chapter 6

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17
Q

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

A

Reasonable Suspicion

HPM 9.2, Chapter 6

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18
Q

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?

A

The supervisor and the confirming official

HPM 9.2, Chapter 6

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19
Q

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

A

False

HPM 9.2, Chapter 6

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20
Q

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

A

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

(HPM 9.2, Chapter 6)

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21
Q

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

A

Criminal investigation

HPM 9.2, Chapter 6

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22
Q

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.

A

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

(HPM 9.2, Chapter 6)

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23
Q

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

A

False

HPM 9.2, Chapter 6

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24
Q

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

A

Yes

HPM 9.2, Chapter 6

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25
Q

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

A

No

HPM 9.2, Chapter 6

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26
Q

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

A

None (not even the odor of alcohol on the breath)

HPM 9.2, Chapter 6

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27
Q

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

A

Those pertaining to the employee’s possible need for medical attention..

(HPM 9.2, Chapter 6)

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28
Q

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 ______________.

A

Reliable informant

HPM 9.2, Chapter 6

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29
Q

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

A

True (although supervisor must be extremely careful in these circumstances)

(HPM 9.2, Chapter 6)

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30
Q

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

A

Confirming official

HPM 9.2, Chapter 7

31
Q

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

A

Urine

HPM 9.2, Chapter 7

32
Q

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

A

Both urine and breath

HPM 9.2, Chapter 7

33
Q

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.

A

True

HPM 9.2, Chapter 7

34
Q

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.

A

60 milliliters; 30 milliliters

HPM 9.2, Chapter 7

35
Q

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 __________.

A

Refusal; Presumption of Impairment

HPM 9.2, Chapter 7

36
Q

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

A

Supervisor who made the initial observation and developed the reasonable suspicion

(HPM 9.2, Chapter 7)

37
Q

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

A

Yes

HPM 9.2, Chapter 7

38
Q

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?

A

Yes

HPM 9.2, Chapter 7

39
Q

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.

A

Insubordination

HPM 9.2, Chapter 7

40
Q

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.

A

48 hours

HPM 9.2, Chapter 7

41
Q

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

A

Medical Review Officer (MRO)

HPM 9.2, Chapter 7

42
Q

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

A

No

HPM 9.2, Chapter 7

43
Q

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

A

Breath

HPM 9.2, Chapter 7

44
Q

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.

A

4 minutes

HPM 9.2, Chapter 7

45
Q

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

A

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)

46
Q

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

A

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)

47
Q

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

A

Return to full duty

HPM 9.2, Chapter 8

48
Q

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

A

Dock

HPM 9.2, Chapter 8

49
Q

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.

A

Paid administrative time off (ATO with pay)

HPM 9.2, Chapter 8

50
Q

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

A

During the administrative interrogation

HPM 9.2, Chapter 8

51
Q

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?

A

Yes

HPM 9.2, Chapter 8

52
Q

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

A

Yes

HPM 9.2, Chapter 8

53
Q

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?

A

The employee

HPM 9.2, Chapter 8

54
Q

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

A

No

HPM 9.2, Chapter 10

55
Q

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

A

5 years

HPM 9.2, Chapter 10

56
Q

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

A

Shall

HPM 9.2, Chapter 11

57
Q

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

A

CHP 202X, Workplace Substance Abuse Investigation/Voluntary Testing Report

(HPM 9.2, Chapter 11)

58
Q

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

A

No (under no circumstances)

HPM 9.2, Chapter 11

59
Q

What is the role of the Medical Review Officer?

A

To receive positive test results and evaluate them from a medical point of view.

(HPM 9.2, Chapter 9)

60
Q

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?

A

The employee’s

HPM 9.2, Chapter 9

61
Q

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 ___________.

A

Fitness-for-Duty Examination

HPM 9.2, Chapter 9

62
Q

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

A

Yes

HPM 9.2, Chapter 11

63
Q

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.

A

2 years

HPM 9.2, Chapter 11

64
Q

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

A

Yes

HPM 9.2, Chapter 11

65
Q

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

A

need-to-know

HPM 9.2, Chapter 10

66
Q

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

A

Enforcement and Planning Division/Commercial Vehicle Section

HPM 9.2, Chapter 12

67
Q

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

A

1) Marijuana
2) Cocaine
3) Amphetamines
4) Opiates
5) PCP

(HPM 9.2, Chapter 12)

68
Q

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 _____________.

A

Medical Review Officer (MRO)

HPM 9.2, Chapter 12

69
Q

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

A

No, and such testing shall not be performed

HPM 9.2, Chapter 12

70
Q

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?

A

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)

71
Q

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

A

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)

72
Q

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.

A

24 hours

HPM 9.2, Chapter 12

73
Q

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.

A

4 hours

HPM 9.2, Chapter 12

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