9.2 Substance Testing Flashcards
What are the “Six C’s”
Consistency Confirmation Collection of Sample Chain of Custody Control of Quality Contracts
True or False
Liability can arise when it can be shown that a supervisor negligently failed to supervise subordinates appropriately?
True
True or False
A court can hold an employer directly responsible for retaining a “dangerous” employee?
True
True or False
Can a legal prescription be used to violate the Department’s Substance Abuse Policy?
True
May a supervisor elicit a chemical test from an employee in a non-sensitive position?
No
True or False
Supervisors who suspect substance abuse by non-sensitive employees are encouraged to support their observations using the same criteria used to establish reasonable suspicion for sensitive positions.
True
Since a chemical test will not normally be part of most non-uniformed employee investigations, it is essential that the supervisor’s final determination of influence be based upon the following, except:
a. Articulable facts
b. Probable cause
c. Close observation
d. Good faith
Probable cause
Reasonable suspicion is based on the following, except:
a. Good faith belief
b. Specific articulable facts or evidence that an employee, in fact, violated the substance abuse policy
c. Substance testing could reveal evidence in support of a violation
d. Confirming official agrees with presented facts and evidence
d. Confirming official agrees with presented facts and evidence
Which suspected substance abuse investigation should occur first:
Criminal or Administrative
Criminal investigation
True or False
Participation in field sobriety tests, including the Preliminary Alcohol Screening device (PAS) test, is voluntary during a criminal investigation.
True
For uniformed employees, can evidence gathered during a criminal investigation be used to support the administrative investigation?
yes
For non-uniformed employees, can evidence gathered during a criminal investigation be used to support the administrative investigation?
Yes, but only after Conviction
A positive test for being under the influence of alcohol on duty is:
.04% BAC
A violation of Inconsistent and Incompatible Activities is:
Any amount of BAC?
.01%
HPM 10.3 Chapter 14.
The use of a PAS device to establish reasonable suspicion:
Is not Authorized
Nonuniformed supervisors should seek the assistance of a uniformed supervisor to corroborate reasonable suspicion:
Whenever possible
When establishing reasonable suspicion, a second opinion:
Strengthens the state’s case against litigation
When interviewing an employee for possible substance abuse, if the supervisor asks the employee an incriminating question_______
It is a possible POBR violation
When interviewing an employee for possible substance abuse, what type of questions may the supervisor ask?
Medically related questions
Is an anonymous tip sufficient to order a substance test?
No
Is an anonymous tip sufficient to initiate closer observation?
Yes
May an internal investigation be initiated based upon an anonymous tip?
Yes
Is information from a reliable informant sufficient to order a substance test?
Yes
Could be foundation for reasonable suspicion
Is information from a reliable informant sufficient to initiate closer observation?
Yes
The CalHR requires that each initial determination made by a supervisor be approved by the Commissioner or the Commissioner’s designee. For the purposes of the Department’s substance testing program, this confirming official will be:
The first designated manager in the supervisor’s chain of command
The role of the confirming official is the following, except:
a. Consider the facts and/or evidence and agree whether or not they support probable cause
b. Ensure accurate and proper application of the rules
c. Provide guidance and direction
d. Authorize the substance test
Consider the facts and/or evidence and agree whether or not they support probable cause.
Reasonable Suspicion
May the confirming official be the suspected employee’s immediate supervisor or the person who made the initial observation leading to reasonable suspicion?
No
May the totality of the circumstances, including behavior and incidents from several weeks earlier be used to support reasonable suspicion?
Yes
Urine may be used for alcohol testing as long as the bladder is voided.
No
Urine is not used for alcohol testing
True or False
Urine may be used for drug testing as long as the bladder is voided.
False
The bladder is not voided
True or False
Employees suspected of being under the combined influence of alcohol and a drug(s) are required to submit to both a blood and breath test.
False
Breath and urine
True or False
An employee should void their bladder in order to obtain a fresh urine sample
False
Do not void their bladder
True or False
There is no hurry to collect a urine sample from an employee, as the drug metabolites remain in the system for hours or even days:
True
True or False
The best time to collect a sample is within four to six hours of the initial observation. This gives the body time to metabolize the drug if it has just been ingested.
False
2-4 hours
True or False
The office restroom could be used for urine sample collection as long as the sample is provided under the supervisor’s direct observation with some arrangement so that other employees cannot enter during collection of the sample.
True
How much urine must be collected for a sample?
60ml
True or False
Once collected, the urine sample is to be split into two containers
True
A(n) ___ will transport the urine sample to the laboratory.
Designated courier
____ will be notified once the urine sample is collected
Internal Affairs
True or False
Employees are permitted to drink water for the purpose of aiding them in providing a sample, so long as it is supervised.
True
True or False
If transportation is necessary, the supervisor who made the initial observation and developed the reasonable suspicion should personally transport the employee to an approved medical or custodial facility.
True
True or False
An employee may drive a vehicle while under investigation for substance abuse, with Commander’s approval, as long as the employee is not in violation of 23152(a)VC
False
True or False
Uniformed employees should be given the opportunity, under supervision, to change into civilian clothing before being transported to a collection site.
True
True or False
If the supervisor does not collect the sample at the work location, then the urine sample may be collected by authorized medical or custodial personnel.
True
True or False
The individual monitoring the urine sample collection must be of the same sex and will actually watch the urine leave the employee’s body.
True
True or False
Employees refusing to cooperate at any stage of the collection process may be ordered to cooperate and advised that failure to do so may subject them to disciplinary action for insubordination.
True
True or False
In those instances where criminal prosecution is contemplated, normal arrest and evidence collection procedures should be followed, including forced blood draw procedures.
True
Consistent with 70.1
After the sample has been collected, the command shall make notification to the substance testing coordinator at _____ . The notification shall be emailed or faxed no later than ___ hours after the specimen is collected.
Office of Internal Affairs, 48 hours
When the laboratory testing is completed (usually 24-48 hours after the sample’s arrival), the results will be communicated directly to _____.
Medical Review Officer
All positive urine drug test results will be communicated to the Medical Review Officer (MRO)for further evaluation. In this instance, the MRO will attempt to contact the affected _____ directly for information.
Employee
Under this substance testing policy, testing for the following classes of drugs and/or their metabolites will be conducted, except for:
a. Amphetamines and methamphetamines.
b. Cocaine.
c. Lysergic Acid Diethylamide.
d. Marijuana/Cannabinoids (THC).
e. Opiates (narcotics).
f. Phencyclidine (PCP).
g. Barbiturates.
h. Benzodiazepines.
i. Methaqualone.
j. Alcohol.
c. Lysergic Acid Diethylamide
How much alcohol must be present to be a violation of Inconsistent and Incompatible Activities policy?
Odor on breath
Any alcohol in system
True or False
Positive specimens shall be securely stored and frozen at minus 20 degrees Fahrenheit or lower for one year to assure availability for retesting in case of appeal or litigation.
True
An initial supply of ___ kits has been provided to each office. Commanders shall ensure ____ unused kits are available at all times. Test kits shall be stored in a secure location, such as a file cabinet or locker in the ___ office.
Two,Two, Sergeants
True or False
During initial contact with an employee suspected of being under the influence, the supervisor should listen to the employee’s explanation and give it appropriate consideration before reaching a decision to test.
True
May an employee being investigated for being under the influence be allowed to converse with fellow workers?
No
When should a uniformed employee’s duty belt and weapon be secured?
Once reasonable suspicion is approved by the confirming official
True or False
Since the decision to test for drugs or alcohol will be based upon reasonable suspicion of substance abuse, the employee should not be allowed to return to duty until the test results are known to be negative.
True
True or False
The employee shall be placed on dock status for the remainder of the shift on the day of the drug or alcohol test or refusal to take a test.
True
If a peace officer is involved in a drug and alcohol (combo) influence investigation, peace officer powers will be immediately suspended along with any requests for secondary employment. Additionally, the employee will be required to immediately surrender all state property. These suspensions will remain in effect until:
The results of the test are known. A decision will be made at that time whether or not to reinstate them.
Supervisors ____ ensure the employee is provided with a memorandum describing their rights and responsibilities regarding the outcome of the test.
Shall
The enactment of the Department of Personnel Administration substance testing rules and this departmental policy ___ in any way mitigate the rights guaranteed to employees under the Public Safety Officers’ Procedural Bill of Rights Act (POBR) or the various Memoranda of Understanding (MOUs).
Do not
Supervisors must also remember that the Commissioner has extended POBR protections to all members of the Department, except ___. Any action with regard to substance testing must be evaluated in light of these rights.
Cadets
True or False
This right to representation does not preclude a supervisor from making initial contact with the employee in an appropriate confidential interview setting to ask questions regarding abnormal behavior, inefficiency, absenteeism, tardiness, unusual appearance, etc. This is part of the process to eliminate substance abuse as a cause for reasonable
True
True or False
An employee is entitled to representation during the collection of the sample.
False
Not unless provided by MOU
True or False
Employees shall be entitled to representation in any of their discussions with the Medical Review Officer (MRO) that occur subsequent to implementing this policy.
True
Negative test results will be included in the employee’s personnel file for:
Never
They are kept at OIA for 5 years
Positive test results and documented reasonable suspicion will become part of the request for adverse action file. This information will be maintained for:
Five Years
The turnaround expectation for the Reasonable Suspicion Report using the CHP 202X is:
48 hours
In circumstances where no other documentation is associated with the incident giving rise to voluntary testing, the CHP 202X and attached narrative will be forwarded to the Substance Testing Coordinator at OIA, where it will be retained for ___ year(s) from the date of testing.
Five years
A copy of the CHP 202X for a voluntary alcohol or drug test will be retained in the employee’s personnel file for:
Never
Regarding substance testing, a supervisor’s responsibilities include all the following, except:
a. Ensuring the chain of custody is properly maintained
b. Ensuring the employee’s rights are not violated
c. Ensuring the sample is collected properly
d. Ensuring probable cause has been established
Ensuring probable cause has been established
Should be reasonable suspicion
If an employee is voluntarily tested, supervisors are to ensure:
???
The employee provides a form of documentation noting the voluntary nature of the testing
???
If an employee is suspected of being under the combined influence of alcohol/drugs, the supervisor should obtain a ______ test within _______ hours.
Breath and urine/ 2-4 hours
According to our Department’s Substance Abuse police, a positive test for alcohol abuse is considered _____?
.04%
True or False
Interrogation of an employee suspected of being under the influence of alcohol and/or drugs should be conducted before a sample is obtained.
False
True or False
The California Department of Human Resources (CalHR) requires that the informant be a peace officer who is willing to publicly testify on behalf of management, should that become necessary.
True
True or False
The reliable informant may remain confidential.
False
Upon establishing reasonable suspicion, which has been supported by proper documentation, a supervisor can collect a sample after _______?
Obtaining the approval of the confirming official
Regarding substance testing, employee’s working in ________ positions are required to submit to a chemical test.
Sensitive
Which position is NOT a designated sensitive position? (Designated by the Commissioner)
a. All peace officers.
b. All cadets.
c. Automobile Mechanic.
d. Automotive Technician series.
e. Commercial Vehicle Inspection Specialist I & II.
f. Public Safety Dispatcher I & II.
g. Public Safety Dispatch Supervisor I & II.
h. Gunsmith.
i. Heavy Truck Driver.
j. Lead Automobile Mechanic.
k. Lead Motorcycle Mechanic.
l. Communications Engineer I & II.
m. Motor Carrier Specialist I, II & III.
n. Motorcycle Mechanic.
o. School Pupil Transportation Safety Coordinator.
p. Utility shop supervisor
Communications engineer I&II
Utility Shop Supervisor
??
What Federal Amendment does not apply to a substance abuse testing program?
a. 4th (Search & Seizure)
b. 5th (Self-Incrimination)
c. 14th (Due Process)
d. 1st (Freedom of Speech)
1st (freedom of speech)
Who plays the most important role in any successful substance testing program?
Supervisors
The Government Code authorizes the Substance Abuse Testing Program which applies to:
On-duty and stand-by only
Who has routine and daily contact with employees and are in the best position to assess any changes in job performance and/or employee behavior/appearance:
Supervisors
True or False
All departmental employees shall alert a supervisor to indications that another employee is involved in substance abuse.
True
Who plays the most important role in any successful substance testing program?
Supervisor
What are the 6 “C’s” of the substance testing program?
Consistency Confirmation Collection of Evidence Chain of Custody Control of Quality Contracts
Commanders shall ensure there are at least how may Urine Sample Collection Kits per Area Office?
2
CalHR rules provide for a ______ test as the primary means of determining whether or not an employee has abused drugs.
Urine
When collecting a urine sample for possible substance abuse, the supervisor should ensure at least _______ of urine is collected (to be split into two containers after collected).
60ml
Where is the “Inconsistent and Incompatible Activities” statement/chapter contained in CHP Policy?
HPM 10.3, Personnel Transactions Manual
True or False
For the purposes of substance abuse testing, a sensitive position is defined as any peace officer as identified in Section 830 of the Penal Code and any other position in which drug or alcohol affected performance could clearly endanger the health and safety of others.
True
Which of the following jobs is not a sensitive position?
a. Heavy Truck Driver
b. Motorcycle Mechanic
c. Janitor
d. Public Safety Dispatcher
Janitor
Who makes the final determination of the test result?
Medical Review Officer
Are non-sensitive positions required to take a chemical test for possible substance abuse?
No
