9.2 Sustance Abuse

Question 1

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

Answer 1

the most important

Question 2

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 ___ ___ ________

Answer 2

Reasonable suspicion

properly collected;

chain of custody

are not violated.

Question 3

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

Answer 3

Shall

Question 4

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

Answer 4

a specified departmental manager

Question 5

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:

Answer 5

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.

Question 6

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.

Answer 6

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

Question 7

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

Answer 7

Negligent Retention.

Question 8

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

Answer 8

False, may apply

Question 9

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:

Answer 9

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

Question 10

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.

Answer 10

True

Question 11

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

Answer 11

True

Question 12

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.

Answer 12

True

Question 13

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

Answer 13

Will

Question 14

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

Answer 14

good faith belief

Specific Articulable Facts

Question 15

Sensitive classification defined

Duties involve a:

level of trust, responsibility for or impact on the:

Answer 15

greater than normal

health and safety of others.

Question 16

Sensitive classification defined

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

Answer 16

endanger the health and safety of others;

Question 17

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:

Answer 17

prevented by a supervisor or other departmental employee.

Question 18

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?

Answer 18

At the beginning of the academy as cadets.

During pre-employment process

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

Question 19

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.

Answer 19

Shall not

Question 20

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

Answer 20

Only in response to an unsolicited request by the employee.

Question 21

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):

Answer 21

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

Question 22

non-sensitive position

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

format

Answer 22

Reasonable Suspicion Report

Question 23

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:

Answer 23

Should

the specific described circumstances surrounding the abuse.

Question 24

Reasonable suspicion

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

Answer 24

impaired

Question 25

Reasonable suspicion Testing has been focused on those instances when the state's need is: and where: alone, cannot be relied upon completely.

Answer 25

most compelling less intrusive methods

Question 26

Reasonable suspicion is the good faith belief based on: (1) Specific articulable facts or evidence that an employee may have: and (2) Substance testing:

Answer 26

violated the substance abuse policy; could reveal evidence in support of a violation.

Question 27

Reasonable suspicion exists only after:

Answer 27

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.

Question 28

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

Answer 28

Prior, with every effort to maintain separation

Question 29

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.

Answer 29

True False, they may

Question 30

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

Answer 30

False, is not authorized

Question 31

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

Answer 31

Any Inconsistent and Incompatible Activities.

Question 32

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.

Answer 32

True

Question 33

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

Answer 33

Should

Question 34

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

Answer 34

the Public Safety Officers Procedural Bill of Rights Act (POBR). the employee’s possible need for medical attention

Question 35

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.

Answer 35

True

Question 36

CalHR requires that a reliable informant providing information in a substance abuse case, be: should that become necessary.

Answer 36

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

Question 37

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

Answer 37

True

Question 38

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

Answer 38

True

Question 39

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:

Answer 39

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

Question 40

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.

Answer 40

True

Question 41

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

Answer 41

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

Question 42

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

Answer 42

True

Question 43

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

Answer 43

urine

Question 44

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

Answer 44

False, longest

Question 45

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

Answer 45

both a urine and breath test.

Question 46

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:

Answer 46

True timely frozen after the necessary tests have been completed.

Question 47

From the moment reasonable suspicion is developed until the time a sample is provided, the employee should remain: And not be allowed to:

Answer 47

under continual supervisory observation Void bladder.

Question 48

substance testing experts believe the best time to collect a sample is within: hours of the initial observation

Answer 48

two to four

Question 49

The supervisor must: Ensure at least: of urine is collected. Then: after collected

Answer 49

``` 60 milliliters (approximately two fluid ounces) ``` split into two containers

Question 50

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.

Answer 50

Office of Internal Affairs (Attention: Substance Testing Coordinator) 48 hours

Question 51

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.

Answer 51

True

Question 52

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

Answer 52

True

Question 53

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

Answer 53

True

Question 54

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:

Answer 54

under direct observation.

Question 55

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.

Answer 55

True

Question 56

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.

Answer 56

24-48 hours Medical Review Officer (MRO). Department’s Substance Testing Coordinator

Question 57

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.

Answer 57

True

Question 58

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

Answer 58

False, is entitled

Question 59

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

Answer 59

seven (7) days “positive by non-contact.”

Question 60

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

Answer 60

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.

Question 61

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.

Answer 61

False, shall use breathalyzer True

Question 62

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

Answer 62

True

Question 63

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:

Answer 63

three weeks.

Question 64

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:

Answer 64

minus 20 degrees centigrade or lower one year Indefinitely

Question 65

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

Answer 65

(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.

Question 66

T/F A supervisor should listen to the employee's explanation and give it appropriate consideration before reaching a decision to test.

Answer 66

True

Question 67

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

Answer 67

True

Question 68

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.

Answer 68

After

Question 69

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.

Answer 69

True

Question 70

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

Answer 70

Dock Administrative time off

Question 71

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

Answer 71

the following day if completely recovered from its effects

Question 72

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:

Answer 72

True the results of the test are known.

Question 73

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.

Answer 73

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

Question 74

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.

Answer 74

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

Question 75

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.

Answer 75

True

Question 76

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.

Answer 76

True

Question 77

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

Answer 77

True

Question 78

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

Answer 78

False, shall be

Question 79

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:

Answer 79

Should not Shall five years

Question 80

Positive test results and the documented reasonable suspicion will become:

Answer 80

part of the request for adverse action file.

Question 81

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

Answer 81

True

Question 82

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:

Answer 82

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

Question 83

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

Answer 83

CHP 202X,

Question 84

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

Answer 84

the manager who approved the substance test.

Question 85

A Reasonable Suspicion Report shall be completed whenever:

Answer 85

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

Question 86

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

Answer 86

(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.

Question 87

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:

Answer 87

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

Question 88

Documentation of voluntary tests completed subsequent to a critical incident will be retained for: or until any related litigation is adjudicated (whichever is ________)

Answer 88

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

Question 89

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

Answer 89

the life of the investigation.

Question 90

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:

Answer 90

two years from the date of testing.

Question 91

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

Answer 91

retained in the employee’s personnel field folder.