9.2 - substance tetsting Flashcards
For the substance test to be effective, each supervisor must ensure that:
(a) Reasonable suspicion is supported by proper documentation;
(b) The sample is properly collected;
(c) The chain of custody is maintained; and
(d) The employee’s rights are not violated.
The state’s substance testing policy requires the involvement of specified managers in ______ substance tests as a confirming official before any sample can be collected
all
all departmental employees ____ alert a supervisor to indications that another employee is involved in substance abuse.
shall
Substance abuse:
The following elements are critical if the program is to be successful:
Consistency Confirmation Collection of sample Chain if custody Control of quality
b. Substance testing policies can be traced in part to “____________” and its strong stand against increasing substance abuse.
The War on Drugs
Likewise, employers have established a variety of tests to combat substance abuse by their employees including:
(1) Random.
(2) Annual or periodic.
(3) Probable cause.
(4) Reasonable cause or suspicion.
b. Fourth Amendment. This constitutional amendment protects persons from unreasonable searches and seizures. Whether a urine test is protected under this amendment is the subject of debate; however, the United States Supreme Court has ruled that a search occurs:
“when an expectation of privacy that society is repared to consider reasonable is infringed” by the government (United States v. Jacobsen [1984] 466 U.S. 109, 113).
Substance abuse: The courts have consistently held that, where there exists reasonable suspicion______ _________________________ in positions demanding public trust and/or upon which the public’s health and safety depend
the interests of the government outweigh the privacy interests of persons employed
c. Fifth Amendment. This amendment protects an employee from self- incrimination. The courts have held, however, that the protections afforded by this constitutional amendment do not apply to chemical tests because the right not to self-incriminate is implicated only by ___________ or __________evidence.
testimonial or communicative
This amendment guarantees the right to due process and has been the basis for challenges to certain substance testing programs.
Fourteenth Amendment.
The protections afforded by this amendment demand that due process procedures be properly followed to protect all of the employee’s interests. This means the employee must be made aware of
- the exact reasons for the Department’s actions
- the consequences of a positive test result
- what action the Department will take if the employee refuses to submit to the requested test.
The Department must also take necessary precautions to ensure the sample is properly
collected, identified, and analyzed.
Since the potential for such liability clearly exists, departmental supervisors ____ act quickly and reasonably when dealing with employees whom they suspect are abusing alcohol and/or drugs.
Must
supervisors _____ be attentive regarding any sign of substance abuse
Must
To avoid problems in Wronqful Discharge of an employee the substance testing program must be administered:
fairly, consistently, and in compliance with the manual.
all supervisors and managers must be cognizant of the protections and rights afforded by_____ when conducting investigations into instances of suspected substance abuse.
Public Safety Officers Procedural Bill of Rights Act (POBR)
a. The Department does not condone the use of illegal substances under any circumstances. However, the CaIHR policy only addresses _______. This policy is intended to help ensure that the state workplace is free from the effects of drug and alcohol abuse.
on-duty impairment
No state employee who is on duty or on standby for duty shall:
(a) Use, possess, or be under the influence of illegal or unauthorized drugs or other illegal mind-altering substances; or
(b) Use or be under the influence of alcohol to any extent that would impede the employee’s ability to perform their duties safely and effectively.
No employee shall attempt to perform duties which, because of drugs taken due to a ________, cannot be performed without posing a threat to the health and safety of the employee or others.
legal prescription
If a conflict exists between these rules and a negotiated MOU, the ____ is controlling.
MOU
While an employee may ask for a test or a supervisor may _______ a test, no action can be taken against the employee for not participating in a test ______ there is reasonable suspicion of substance abuse.
- suggest
2. unless
In accordance with the Code of Federal Regulations, Title 49, Part 40, Subpart B, Section 40.27, employees ______ be required to sign a consent, release, waiver of liability, or indemnification agreement with respect to any part of the drug or alcohol testing process.
shall not
An employee’s decision not to volunteer for a test _________ lead to unfavorable management actions, conclusions, or documentation.
shall not
departmental policy extends Public Safety Officers Procedural Bill of Rights Act (POBR) to all employees, except _____.
cadets
Only those in positions designated as “_________” by the Commissioner may be tested according to the provisions as stated in HPM 9.2 - substance testing manual .
sensitive
Accordingly, the following departmental classifications of _______ and ______ have been designated and approved as sensitive positions, but not limited to.
(1) All peace officers.
(2) All cadets.
Employees in sensitive positions were required to acknowledge their receipt of these rules by signing a
Receipt and Acknowledgment form
supervisors shall not attempt to elicit a chemical test from an employee whose position has been designated as “________.”
non-sensitive
Non - sensitive employee: Since a chemical test will not normally be part of the investigation, it is essential that the supervisor’s final determination be based upon:
(1) Articulable facts;
(2) Close observation; and
(3) Good faith.
Reasonable suspicion is the good faith belief based on:
(1) Specific articulable facts or evidence that an employee may have violated the substance abuse policy; and
(2) Substance testing could reveal evidence in support of a violation.
Reasonable suspicion exists only after the _______________ has also considered the facts and/or evidence and agrees that they constitute a finding of reasonable suspicion.
appointing power or a designee (confirming official)
The element in determination of reasonable suspicion must include:
- Good Faith
- Articulate Facts
- Initial Suspicion
- Criminal Investigation
criminal arrest/investigation reports involving ______________ employees may not be used to support an administrative investigation unless the incident described in the report resulted in a conviction.
nonuniformed
the supervisor should keep in mind the employee’s rights under the Public Safety Officers Procedural Bill of Rights Act (POBR). Only those questions pertaining to the employee’s possible need for _________ should be asked. Deviation from this could lead to incriminating questions being asked, resulting in a possible violation of POBR.
medical attention
Anonymous tip: If closer observation does not yield facts or evidence to support the conclusion that the employee has violated this rule, an anonymous tip alone is ______ to order a substance test.
not sufficient
The California Department of Human Resources (CaIHR) requires that the informant be a _______ who is willing to publicly testify on behalf of management,
peace officer
Depending upon the circumstances, information from a reliable informant alone _______ the foundation for reasonable suspicion. Supervisors must be extremely _____ when basing reasonable suspicion on information of this nature.
- could be
2. careful
The CaIHR requires that each initial determination made by a supervisor be approved by the ________
Commissioner or the Commissioner’s designee.
In no event _____ the confirming official be the suspected employee’s immediate supervisor or the person who made the initial observation leading to reasonable suspicion.
shall
There is also a requirement that reasonable suspicion must be accompanied by:
the belief that substance testing could reveal evidence of drug and/or alcohol use.
All alcohol testing will be conducted using______. The CaIHR rules provide for a urine test as the primary means of determining whether or not an employee has abused _____.
- evidential breath testing devices
2. drugs
Employees suspected of being under the combined influence of alcohol and a drug(s) are required to submit to __________.
both a urine and breath test.
From the moment reasonable suspicion is developed until the time a sample is provided, the employee should remain under _________.
continual supervisory observation.
In fact, substance testing experts believe the best time to collect a sample is within _____ hours of the initial observation.
two to four
: Supervisors should realize that an employee may not be able to provide a urine sample immediately. A reasonable waiting period ______ be allowed for the employee to provide the sample. If, however, after a reasonable period of time the employee is still unable to provide a sample, this will be treated as a refusal, which constitutes a presumption of impairment.
should
The supervisor is to confirm that the sample will be collected under _________.
direct observation
Upon securing a urine sample, the supervisor is to call the _____________ to make arrangements for transportation of the sample to CALHR’s contracted laboratory.
designated courier service
Employees refusing to cooperate at any stage of the collection process shall be ordered to cooperate and advised that failure to do so ____ subject them to disciplinary action for insubordination.
May
After the sample has been collected, the command shall make notification to the substance testing coordinator at the Office of Internal Affairs (OIA) using Annex C of this chapter. The notification shall be emailed or faxed to OIA no later than ________ after the specimen is collected.
48 hours
While an employee may claim that a test which returns positive for marijuana is the result of a legitimate recommendation from a licensed physician, the MRO will ____ consider marijuana to be a legal prescription.
not
Since the decision to test will be based upon reasonable suspicion of substance abuse, the employee ______ be allowed to return to duty until the test results are known to be negative. The employee should be placed on ______ for the remainder of the shift on the day of the test or refusal to take a test.
- should not
2. dock status
Employees suspected of violating this policy ___ be entitled to representation during any interrogative interviews that could lead to a decision to take adverse action against the employee.
shall
If the affected employee has additional information for the MRO to consider, it is the_________ responsibility to provide that information
employee’s
In an effort to minimize the stigma attached to a substance test, negative results _____not be included in the employee’s personnel file.
should
Positive test results and the documented reasonable suspicion will become part of the request for adverse action file. This information will be maintained for a period of ______
five years
The supervisor who made the initial determination of reasonable suspicion must prepare a Reasonable Suspicion Report using the________ . In most instances, _________ should be sufficient time for the supervisor to prepare a thorough report of the circumstances and submit it to the confirming official for review.
- CHP 202X, Workplace Substance Abuse Investigation/Voluntary Testing Repod.
- 48 hours
A _________ shall be completed whenever a determination of reasonable suspicion of workplace substance abuse leads to substance testing.
Reasonable Suspicion Report
When a criminal investigation is conducted, a Reasonable Suspicion Report_____ be completed.
shall
Under no circumstances will the CHP 202X indicating a _______ test result be retained in the employee’s personnel field folder.
CHP 202X
