Highway Patrol Manuals Flashcards
What two statements are required for every Publications manual, guide, and handbook?
Purpose and Objective
What documents are not considered CHP publications?
Comm-Net Messages
How long is policy or direction from Staff, Board, Committee, Conference Meeting minutes good for?
6 months
OPIs shall review their publications how often?
Annual - Before August 15th
Comm-Net is policy for how long?
90 Days
MM expires when?
9 months
Who is responsible for identifying exempt material in new policy or policy change?
OPI
Can publications with exempt material may be shared with allied agencies without waiving privilege when used for internal purposes?
True
How many extensions may be applied to an MM?
Two, only after Commissioner approval for an additional 6 months.
Who recieves positive test results for evaluation from a medical point of view?
Medical Review Officers (MRO)
In an effort to minimize the stigma attached to a substance test, negative results should not be included in the employee’s _________ file.
Personnel
CalHR requires that the observations leading to reasonable suspicion be documented, and that a copy of this information must be provided to the affected employee. While the rules are not specific, this information should be provided to the employee within __ hours.
48
The supervisor who made the initial determination of reasonable suspicion must prepare a Reasonable Suspicion Report using the ________.
CHP 202X
Testing Procedures: All testing procedures relative to commercial driver CSAT requirements shall be conducted in conformance with __________________.
49 CFR, Part 382 and Part 40
Prohibited Conduct: A driver has engaged in prohibited conduct when: (1) The driver receives a positive drug test result verified by an MRO. (2)________________________.
(3) The driver is found to have an alcohol concentration of 0.04% or greater.
(4) The driver uses alcohol while on duty or within four hours prior to performing a safety sensitive function (SSF). (5) The driver uses a drug, as defined in this chapter.
The driver refuses to submit to a required test.
Applicant investigation is generally a plain clothes duty assignment. Uniformed employees assigned to this duty shall conform to the standards for plain clothes duty as outlined in Highway Patrol Manual (HPM) 73.5, Uniform/Grooming and Equipment Standards, Chapter 2, General Requirements, which states “Attire that is conservative, contemporary, and consistent with a business environment.” The following equipment shall be carried:
Departmental badge, Departmental identification card, Valid California Driver License, handgun, fully loaded with departmentally approved ammunition.
Does the Department conduct applicant investigations for out-of-state law enforcement agencies?
Yes - Upon Request
On September 24, 1986, Governor Deukmejian issued an Executive Order to establish a substance testing policy to combat the effects of _______ _______ in the state workplace.
Substance Abuse
The _______ _______ plays the most important role in any successful substance testing program.
First-Line Supervisor
For the substance test to be effective, each supervisor must ensure that:
Reasonable suspicion is supported by proper documentation; The sample is properly collected; The chain of custody is maintained; The employee’s rights are not violated;
The state’s substance testing policy requires the involvement of specified managers in all substance tests as a _______ _______ before any sample can be collected.
Confirming Official
The effectiveness of the substance testing program is dependent on the Department’s ability to justify its action and demonstrate a proper application of the policy. What “6 C” elements are critical if the program is to be successful?
Consistency, Confirmation, Collection of Sample, Chain of Custody, Control of Quality, & Contracts
In substance abuse testing, when an MOU conflicts with the Department of Personnel Administration Rules, the ______________ shall take precedence.
MOU
What three constitutional issues arise in substance abuse testing debates?
Fourth, Fifth and Fourteenth Amendments
All supervisors and managers must be cognizant of the protections and rights afforded by __________ when conducting investigations into instances of suspected substance abuse.
POBR
No state employee who is _____________ shall: Use, possess or be under the influence of illegal or unauthorized rigs or other illegal mind-altering substances.
on duty OR on standby for duty
Only employees serving in ____________ shall be subject to substance testing when there is reasonable suspicion to believe the employee is under the influence.
sensitive
If an employee requests a voluntary substance test, the Department will pay for it and the test can be administered according to departmental procedures. In accordance with the Code of Federal Regulations, employees shall not be required to sign a _________.
Consent
Release
Waiver of Liability
Indemnification agreement
Only those positions designated as “sensitive” by ___________ may be tested according to HPM 9.2.
Commissioner
There are ___ classifications within the CHP, which have been designated as sensitive positions.
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Peace Officers/Cadets/Automobile Mechanic/Automotive Technicians/CVIS I & II/PSD & PSO/ PSDS I & II/ Gunsmith/Heavy Truck Driver/Lead Automobile Mechanic/Lead Motorcycle Mechanic/Motor Carrier Specialist I, II, & III/Motorcycle Mechanic/School Pupil Transportation Safety Coordinator
All nonuniformed employees in sensitive positions shall be advised of the designation and provided a copy of the CalHR rules by their __________ as part of the pre-employment process.
Commander
Commanders are not precluded from taking action against a nonsensitive employee suspected of substance abuse. Rather, the rule only prevents _____________________________, even if resonable suspcicon is established.
The collection of an involuntary sample
Since a chemical test will not normally be part of the investigation, it is essential that the supervisor’s final determination be based upon:
Articulable Facts
Close Observation
Good Faith
Supervisors shall review _______________ when dealing with a nonsensitive employee whom they suspect of substance abuse to determine if there is additional action they must take or are precluded from taking.
Applicable MOU
____________________________ authorizes substance testing for employees serving in designated sensitive positions.
California Code of Regulations
Reasonable suspicion is the good faith belief based on:
Specific articulable facts or evidence that an employee may have violated the substance abuse policy AND
Substance testing could reveal evidence in support of a violation.
If the supervisor believes criminal violations exist, a criminal investigation should be conducted _______________ the administrative investigation.
Prior to
Per _______________________________ Section 432.7, criminal arrest/investigation reports involving nonuniformed employees may not be used to support an administrative investigation unless the incident described in the report resulted in a conviction
California Labor Code
A positive test will result from a blood alcohol level of _____ percent for substance testing versus the .08 percent for driving under the influence. Supervisors must remember, however, that any detected level of alcohol is prohibited by the statement of Inconsistent and Incompatible Activities.
.04
If the Substance Abuse Investigation Interview is conducted, the supervisor should keep in mind the employee’s rights under the POBR. Only those questions pertaining to the employee’s possible need for __________________ should be asked.
Medical attention
Use of ____________ to establish reasonable suspicion is not authorized.
PAS Device
If closer observation does not yield facts or evidence to support the conclusion that the employee has violated substance abuse policy, an anonymous tip alone ______________ to order a substance test.
IS NOT SUFFICIENT
CalHR requires that the informant, in a substance abuse case, be ______________ who is willing to publicly testify on behalf of management, should that become necessary.
Peace Officer
For the purposes of the Department’s substance testing program, this confirming official will be the _____________ manager in the supervisor’s chain of command.
First Designated
In no event shall the confirming official be the suspected employee’s ____________________ or the person who made the initial observation leading to reasonable suspicion.
Immediate Supervisor
All alcohol testing will be conducted using evidential breath testing devices in accordance with Federal Department of Transportation Regulations, Part iii, -___________, Code of Federal Regulations Part 40.
Title 49
The CalHR rules provide for a urine test as the ____________ means of determining whether or not an employee has abused drugs.
Primary
Some Memoranda of Understanding will prohibit the collection of a sample by the employee’s ______________
Supervisor
32) From the moment reasonable suspicion is developed until the time a sample is provided, the employee should remain under _______ supervisory observation.
Continual
Substance testing experts believe the best time to collect a sample is within __ to __ hours of the initial observation.
2-4
Ensure at least ___ milliliters of urine is collected (to be split into two containers after collection).
60
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
If initial observing supervisor cannot provide transportation, ____________________ must transport the employee.
another supervisor
Uniformed employees should be given the opportunity, _________________, to change into civilian clothing before being transported to a collection site.
Under supervision
After the sample has been collected, the command shall make notification to the Substance Testing Coordinator at the Office of Internal Affairs. The notification shall be emailed or faxed no later than ___ hours after the specimen is collected.
48
When Laboratory testing in completed (usually 24-48 hours after the sample’s arrival), the results will be communicated directly to the _______________________________.
Medical review officer
If, after ___ days, 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 “positive by non-contact.”
7
Supervisors shall use the breathalyzer when only alcohol abuse is suspected. If the breathalyzer results are .00/.00% BAC, a __________ test should be secured to determine the cause of impairment.
Urinalysis
All sample 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 ___ weeks.
3
Positive specimens shall be securely stored and frozen at minus 20 degrees centigrade or lower for ___ year(s) to assure availability for the retesting in case of appeal or litigation. Upon notification of a challenge, the positive sample will be retained indefinitely.
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