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Sgts Study > 9.2 Sustance Abuse > Flashcards

9.2 Sustance Abuse Flashcards

1
Q

The first-line supervisor plays what role in any successful substance testing program?

A

the most important

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2
Q

For the substance test to be effective, each supervisor must ensure that:
(a) ___________ ____________ is supported by proper documentation;
(b) The sample is
(c) The ______ __ _______ is maintained;
and
(d) The employee’s rights ___ ___ ________

A

Reasonable suspicion

properly collected;

chain of custody

are not violated.

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3
Q

all departmental employees (shall/should/may) alert a supervisor to indications that another employee is involved in substance abuse

A

Shall

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4
Q

Before any sample is obtained, the supervisor’s foundation for reasonable suspicion must be approved by:

A

a specified departmental manager

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5
Q

Due process procedures must be properly followed to protect all of the employee’s interests. This means the employee must be made aware of(3):

The Department must also take necessary precautions to ensure the sample is properly:

A

the exact reasons for the Department’s actions,

the consequences of a positive test result

and/or what action the Department will take if the employee refuses to submit to the requested test.
collected, identified, and analyzed.

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6
Q

T/F

Liability may not arise 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, but the Department can be held vicariously liable.

A

False, Liability can arise when it can be shown that a supervisor negligently failed to supervise subordinates appropriately.

But true, also vicarious liability for the department

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7
Q

More frequently, courts are holding employers directly responsible for retaining “dangerous” employees. This is called:

A

Negligent Retention.

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8
Q

Case law has established that the provisions of POBR do not apply to certain criminal investigations conducted by an employing agency

A

False, may apply

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9
Q

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:

A

impede the employee’s ability to perform their duties safely and effectively.

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10
Q

T/F
Only employees serving in sensitive positions shall be subject to substance testing when there is reasonable suspicion to believe the employee has violated paragraph 2.a. of this chapter.

A

True

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11
Q

T/F

Employees must report any known physical condition which might reasonably be expected to adversely affect job performance, including the use of drugs or medication

A

True

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12
Q

T/F

In a voluntary drug test situation, an employee’s decision not to be tested shall not be documented as a refusal, since it is the employee’s option.

A

True

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13
Q

If the employee requests a voluntary test, the Department (will/will not) pay for it.

A

Will

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14
Q

Reasonable suspicion is a ____ _____ ______ based upon ________ ___________ _____ or evidence that an employee violated the substance abuse policy.

A

good faith belief

Specific Articulable Facts

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15
Q

Sensitive classification defined

Duties involve a:

level of trust, responsibility for or impact on the:

A

greater than normal

health and safety of others.

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16
Q

Sensitive classification defined

Errors in judgment, inattentiveness or diminished coordination, dexterity or composure while performing duties could clearly result in mistakes that would:

A

endanger the health and safety of others;

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17
Q

Sensitive classification defined

Employees in these positions work with such independence or perform such tasks that it cannot be safely assumed that mistakes such as those described in paragraph 2.a.(2) above could be:

A

prevented by a supervisor or other departmental employee.

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18
Q

Uniformed employees are noticed in regards to Cal-HR’s rules for substance abuse testing at what time?

Non-uniformed?

What is done with the notices?

A

At the beginning of the academy as cadets.

During pre-employment process

All are forwarded to cal-hr and placed in employees field folder.

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19
Q

If a supervisor develops reasonable suspicion that a non-sensitive employee is displaying signs of substance abuse, the supervisor (shall/shall not/should/should not/may) attempt to elicit a chemical test from the employee.

A

Shall not

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20
Q

Under what circumstances can a chemical test be collected from an employee in a non-sensitive classification position?

A

Only in response to an unsolicited request by the employee.

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21
Q

Since a chemical test will not normally be part of the substance abuse investigation of a non sensitive employee, it is essential that the supervisor’s final determination be based upon (3):

A

(1) Articulable facts; (2) Close observation; and (3) Good faith.

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22
Q

non-sensitive position

Circumstances, observations, and/or witness statements leading to a determination of substance abuse shall be documented using the:

format

A

Reasonable Suspicion Report

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23
Q

non-sensitive position

Adverse action (shall/should/may) be sought when there is a determination of substance abuse.

The requested penalty should be consistent with:

A

Should

the specific described circumstances surrounding the abuse.

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24
Q

Reasonable suspicion

Employee testing has been repeatedly upheld by the courts where there is reasonable suspicion to believe the employee was:

A

impaired

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25
Q

Reasonable suspicion

Testing has been focused on those instances when the state’s need is:

and where:

alone, cannot be relied upon completely.

A

most compelling

less intrusive methods

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26
Q

Reasonable suspicion is the good faith belief based on:
(1) Specific articulable facts or evidence that an employee may have:

and

(2) Substance testing:

A

violated the substance abuse policy;

could reveal evidence in support of a violation.

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27
Q

Reasonable suspicion exists only after:

A

the appointing power or a designee (confirming official) has also considered the facts and/or evidence and agrees that they constitute a finding of reasonable suspicion.

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28
Q

If the supervisor believes criminal violations(s) exist, a criminal investigation should be conducted (prior/subsequent) to the administrative investigation

A

Prior, with every effort to maintain separation

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29
Q

T/F
A criminal investigation report involving nonuniformed employees may not be used to support an admin. investigation unless the incident described in the report resulted in a conviction

Admin investigators may not conduct interviews of criminal investigators to gather evidence in support of the administrative investigation.

A

True

False, they may

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30
Q

T/F

Use of the PAS device to establish reasonable suspicion is authorized.

A

False, is not authorized

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31
Q

Supervisors must remember, that (amount) detected level of alcohol is prohibited by the statement of:

A

Any

Inconsistent and Incompatible Activities.

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32
Q

T/F

If reasonable suspicion is established, any subsequent chemical tests must still be administered using a breath alcohol analyzing instrument which meets the State Department of Health Services standard.

A

True

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33
Q

Nonuniformed supervisors (shall/should/may) seek the assistance of a uniformed supervisor to corroborate reasonable suspicion, whenever possible

A

Should

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34
Q

If the Substance Abuse Investigation Interview is conducted, the supervisor should keep in mind the employee’s rights under:

Only those questions pertaining to:

should be asked

A

the Public Safety Officers Procedural Bill of Rights Act (POBR).

the employee’s possible need for medical attention

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35
Q

T/F

When considered credible, anonymous tips may be the basis for initiating closer observation of the employee to determine if other articulable facts or evidence exist which establish reasonable suspicion.

A

True

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36
Q

CalHR requires that a reliable informant providing information in a substance abuse case, be:

should that become necessary.

A

a peace officer who is willing to publicly testify on behalf of management

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37
Q

T/F

CalHR also requires that the employee in question be told who the informant is, what the informant said, and be given an opportunity to respond to this as part of the determination of reasonable suspicion

A

True

38
Q

T/F

Depending upon the circumstances, information from a reliable informant alone could be the foundation for reasonable suspicion.

A

True

39
Q

For the purposes of the Department’s substance testing program, this confirming official will be:

If the confirming official is not available, then the investigator must:

A

the first designated manager in the supervisor’s chain of command

Continue to climb the chain of command until a manager is located

Shall never be investigator or employees immediate supervisor or person who made initial observation

40
Q

T/F
information about an employee’s actions several weeks earlier alone would not establish reasonable suspicion under these rules. If, however, this information is coupled with some contemporary behavior or incident(s) involving the employee, reasonable suspicion could be established.

A

True

41
Q

T/F

The purpose of substance testing is to determine current impairment, as well as possible past behavior

A

False, The purpose of substance testing is to determine current impairment rather than past behavior

42
Q

T/F

All alcohol testing will be conducted using evidential breath testing devices in accordance with Federal Department of Transportation Regulations

A

True

43
Q

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

A

urine

44
Q

T/F

Individuals using drugs will test positive for the shortest period of time on a urine test.

A

False, longest

45
Q

Employees suspected of being under the combined influence of alcohol and a drug(s) are required to submit to:

A

both a urine and breath test.

46
Q

T/F
Once out of the body, urine is subject to decomposition.

This requires that the sample be handled in a ______ manner and ultimately be:

A

True

timely

frozen after the necessary tests have been completed.

47
Q

From the moment reasonable suspicion is developed until the time a sample is provided, the employee should remain:

And not be allowed to:

A

under continual supervisory observation

Void bladder.

48
Q

substance testing experts believe the best time to collect a sample is within:

hours of the initial observation

A

two to four

49
Q

The supervisor must:

Ensure at least:

of urine is collected.

Then:

after collected

A 
60 milliliters (approximately two fluid 
ounces)

split into two containers

50
Q

The supervisor must also notify the:

of the sample collection.

The notification shall be emailed or faxed to OIA no later than:

after the specimen is collected.

A

Office of Internal Affairs (Attention: Substance Testing Coordinator)

48 hours

51
Q

T/F

If, after a reasonable period of time has passed from the time sample requested, the employee is still unable to provide a sample, this will be treated as a refusal, which constitutes a presumption of impairment.

A

True

52
Q

T/F

Employees are permitted to drink water for the purpose of aiding them in providing a sample, so long as it is supervised.

A

True

53
Q

T/F

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

A

True

54
Q

If the sample will be obtained off site by authorized medical or custodial personnel, the supervisor is to confirm that the sample will be collected:

A

under direct observation.

55
Q

T/F

Employees refusing to cooperate at any stage of the collection process shall be ordered to cooperate and advised that failure to do so may subject them to disciplinary action for insubordination.

A

True

56
Q

When the laboratory testing is completed, usually (time period) after the sample’s arrival, the results will be communicated directly to the:

Only the:

or alternate will be authorized to access the test results online.

A

24-48 hours

Medical Review Officer (MRO).

Department’s Substance Testing Coordinator

57
Q

T/F

All positive results will be communicated to the MRO for further evaluation and the MRO will attempt to contact the affected employee directly for information (such as legal prescriptions) to determine if there is a legitimate medical explanation for the positive test.

A

True

58
Q

T/F

The employee is not entitled to representation during any such conversation with the MRO.

A

False, is entitled

59
Q

If, after (time period), the MRO is unable to reach the employee directly (and no exculpatory information was provided by the employee via memorandum), the test will be considered

A

seven (7) days

“positive by non-contact.”

60
Q

T/F

There are no established minimum quantitative levels for illicit substances, any detectable amount shall be considered a positive test.

A

False, To compensate for passive inhalation (such as having been at a concert where someone else was using marijuana) and to minimize false positive results, certain cutoff levels have been established for both the screening and confirmatory tests.

61
Q

T/F

Supervisors shall use the breathalyzer or legal blood draw when only alcohol abuse is suspected.

If the breathalyzer results are .00/.00% Blood Alcohol Content, a urinalysis test should be secured to determine the cause of impairment.

A

False, shall use breathalyzer

True

62
Q

T/F

Urine tests will not be tested for alcohol; therefore, if both drug and alcohol use are suspected, employees are required to submit to both urine and breath tests

A

True

63
Q

All samples initially screened negative, as well as those which test negative on the confirmatory test, will be securely stored by the laboratory for a period of:

A

three weeks.

64
Q

Positive specimens shall be securely stored and frozen at a temp of:

for a period of:

Upon notification of a challenge, it will be held:

A

minus 20 degrees centigrade or lower

one year

Indefinitely

65
Q

In substance abuse cases, the supervisor should base his/her actions on concern for all of the following(4):

A

(1) Safety of the employee and others;
(2) Potential disciplinary action up to and including dismissal;
(3) Proper enforcement of the state’s substance abuse rules;
and
(4) Employee rights and privacy.

66
Q

T/F

A supervisor should listen to the employee’s explanation and give it appropriate consideration before reaching a decision to test.

A

True

67
Q

T/F

When substance abuse is suspect, supervisors are advised not to allow the employee to converse with fellow workers.

A

True

68
Q

Before or after approval from confirming official:

If a uniformed employee is involved, take and secure the employee’s duty belt and weapon until such time as the employee is released to duty.

A

After

69
Q

T/F

Since the decision to test 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.

A

True

70
Q

The employee should be placed on _____ status for the remainder of shift and then ___________ _____ ____ the following day.

A

Dock

Administrative time off

71
Q

In those instances where only alcohol is suspected, the employee should be returned to full duty:

A

the following day if completely recovered from its effects

72
Q

T/F

If a peace officer is involved, his/her peace officer powers will be immediately suspended along with any requests for secondary employment.

These suspensions will remain in effect until:

A

True

the results of the test are known.

73
Q

T/F

Arrange to have the employee transported home, or if the employee is determined not to be under the influence the employee to drive him/herself home.

A

False, In no event is the employee to drive him/herself home.

74
Q

T/F

Employees suspected of violating this policy shall be entitled to representation during any interrogative interviews that could lead to a decision to take adverse action against the employee, but only after the submission to a chemical test.

A

False, wether before or after the test. Entitled to representation.

75
Q

T/F

This right to representation does not preclude a supervisor from making initial contact with the employee in an appropriate confidential interview setting to question him/her regarding abnormal behavior, inefficiency, absenteeism, tardiness, unusual appearance, etc.

A

True

76
Q

T/F

Supervisors are to carefully weigh the need to interrogate an employee before the collection of a sample. In most instances, an interrogation should occur after the sample is collected or at a later date when additional information is known.

A

True

77
Q

T/F

Unless specifically permitted in the MOU, an employee is not entitled to representation during the collection of the sample.

A

True

78
Q

T/F

Employees shall not be entitled to representation in any of their discussions with the Medical Review Officer (MRO) that may occur as a result of implementing this policy

A

False, shall be

79
Q

Negative test results (shall/should/shall not/should not) be included in the employee’s personnel file.

This information (shall/should/may) be forwarded to the Office of Internal Affairs (OIA) as confidential material. This information will be maintained in a separate file for:

A

Should not

Shall

five years

80
Q

Positive test results and the documented reasonable suspicion will become:

A

part of the request for adverse action file.

81
Q

T/F

Except for these purposes and the request for adverse action, no local records of the test results shall be maintained.

A

True

82
Q

The observations leading to reasonable suspicion must be ___________, and a copy provided to:

While the rules are not specific, this information SHOULD be provided within:

A

documented

the effected employee

48 hours (except when not reasonably possible or where other timeframes are dictated by the applicable Memorandum of Understanding).

83
Q

The supervisor who made the initial determination of reasonable suspicion must prepare a Reasonable Suspicion Report using the:

A

CHP 202X,

84
Q

After completing the report, the supervisor must sign the document and submit it to:

A

the manager who approved the substance test.

85
Q

A Reasonable Suspicion Report shall be completed whenever:

A

a determination of reasonable suspicion of workplace substance abuse leads to substance testing

86
Q

The following four elements are considered essential to a complete and comprehensive report:

A

(1) A detailed description of the incident and/or circumstances initiating the reasonable suspicion.
(2) The fact that substance abuse could not be ruled out after considering other possible causes, if any.
(3) Supporting evidence resulting from closer observation of the employee’s appearance and demeanor. This includes the results of any field sobriety tests, drug evaluations and/or medical screenings.
(4) Names of other supervisors, employees, or witnesses who can verify or support the reasonable suspicion.

87
Q

Negative test results will be recorded on page 2 of the CHP 202X and/or:

The documentation will then be forwarded as confidential material to:

where it will be maintained by the Substance Testing Coordinator for a period of :
from the date of:

A

attached to the report.

the Office of Internal Affairs (OIA),

two years

date of the test, or until any litigation associated with the incident is adjudicated

88
Q

Documentation of voluntary tests completed subsequent to a critical incident will be retained for:

or until any related litigation is adjudicated (whichever is ________)

A

a period of time consistent with retention of all other reports and documents associated with the incident,

longer

89
Q

If the documentation is associated with an internal investigation, it will be retained for:

A

the life of the investigation.

90
Q

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:

A

two years from the date of testing.

91
Q

Under no circumstances will the CHP 202X documenting a voluntary test be:

A

retained in the employee’s personnel field folder.

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