HPM 9.2 Flashcards
On September 24, 1986, Governor Deukmejian issued Executive Order D-58-86 (Annex A) directing the California Department of Human Resources (CalHR) to develop “…policies and guidelines designed to achieve a ¬¬¬¬_______ state workplace, while protecting the privacy and with due regard for the constitutional rights of state employees.” In response to this charge, CalHR developed Sections 599.960-599.966 in Title 2 of the California Code of Regulations (CCR 599.960-599.966). These rules constitute CalHR’s current policy on substance abuse and testing (refer to Annex A). HPM 9.2 3-3
drug-free
The Department does not condone the use of illegal substances under any circumstances. However, the CalHR policy only addresses _______ impairment. This policy is intended to help ensure that the state workplace is free from the effects of drug and alcohol abuse. These provisions are not a required prerequisite to, nor do they replace, limit, or set standards for any other types of personnel actions, such as: (1) Adverse actions. (2) Employee Assistance Program. (3) Medical examination. HPM 9.2 3-3
on-duty
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 _____ or other illegal mind-altering substances; or HPM 9.2 3-3
drugs
No state employee who is on duty or on standby for duty shall: Use or be under the influence of _______ to any extent that would impede the employee’s ability to perform their duties safely and effectively. HPM 9.2 3-3
alcohol
For the purposes of this policy, standby for duty occurs when an employee is __________ on standby and must thereby be available to respond to an incident within a specified period of time. This includes situations such as planned protest demonstrations, special events, and natural disasters. HPM 9.2 3-4
designated
Only employees serving in _________ positions shall be subject to substance testing when there is reasonable suspicion to believe the employee has violated paragraph 2.a. of this chapter. HPM 9.2 3-4
sensitive
No employee shall attempt to perform duties which, because of drugs taken due to a _____ prescription, cannot be performed without posing a threat to the health and safety of the employee or others. Employees who are so restricted may be subject to reassignment, medical examination, or other actions specified by applicable statutes and regulations. Employees must report any known physical condition which might reasonably be expected to adversely affect job performance, including the use of drugs or medication as required by Highway Patrol Manual 10.3, Personnel Transactions Manual, Chapter 14, Inconsistent and Incompatible Activities. In addition, drugs, taken in excess of amounts prescribed would be considered “unauthorized” and subject the employee to testing as authorized in paragraph 2.a. of this chapter. HPM 9.2 3-4
legal
There is nothing in CalHR rules which precludes an employee from voluntarily submitting to a substance test after being involved in a significant incident (e.g., combat shooting, major traffic collision) for the purpose of establishing the employee’s sobriety at the time of the incident as protection in the event of future litigation. While an employee may ask for a test or a supervisor may suggest a test, no action can be taken against the employee for not participating in a test unless there is reasonable suspicion of substance abuse. In this voluntary situation, an employee’s decision not to be tested _____ not be documented as a refusal, since it is the employee’s option. If the employee requests such a test, the Department will pay for it and the test can be administered according to these established departmental procedures. In accordance with the Code of Federal Regulations, Title 49, Part 40, Subpart B, Section 40.27, employees shall not 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. Furthermore, the employee must not be offered favorable management actions (e.g., discontinuing an investigation) as an inducement to volunteer for a test. An employee’s decision not to volunteer for a test shall not lead to unfavorable management actions, conclusions, or documentation. See Chapter 11, Documentation, for voluntary testing procedures. HPM 9.2 3-4
shall
Not all classifications or positions within the Department are subject to the requirements of _________ testing. Only those in positions designated as “sensitive” by the Commissioner may be tested according to the provisions as stated in this manual. HPM 9.2 4-3
substance
Subject to the California Department of Human Resources (CalHR) approval, the ____________ designates the positions within the Department which meet the criteria enumerated in paragraph 2. above. Accordingly, the following departmental classifications have been designated and approved as sensitive positions: (1) All peace officers. (2) All cadets. (3) Automobile Mechanic. (4) Automotive Technician series. (5) Commercial Vehicle Inspection Specialist I and II. (6) Public Safety Dispatcher and Public Safety Operator. (7) Public Safety Dispatch Supervisor I and II. (8) Gunsmith. (9) Heavy Truck Driver. (10) Lead Automobile Mechanic. (11) Lead Motorcycle Mechanic. (12) Motor Carrier Specialist I, II and III. (13) Motorcycle Mechanic. (14) School Pupil Transportation Safety Coordinator. HPM 9.2 4-3
Commissioner
In accordance with the guidelines established in Sections 599.960- 599.966, Title 2, Article 29, incumbent employees serving in positions designated sensitive and, where applicable, their exclusive representatives were provided a notice of the rules. Employees in sensitive positions were required to acknowledge their receipt of these rules by signing a _____ ___ ___________ form (refer to Annex A). The original forms were forwarded to Human Resources Section, Personnel Files Unit, for inclusion in the employees’ permanent personnel files with copies placed in the employees’ field folders. HPM 9.2 4-4
Receipt and Acknowledgment
All departmental cadets shall be advised during the initial portion of their _______ training period of the designation and provided a copy of the CalHR rules (refer to Annex B). Acknowledgment of this fact shall be documented on the Receipt and Acknowledgment form (014-1) by having the cadet sign and date the form. The form will also be signed on the witness line by the person providing the information. HPM 9.2 4-4
Academy
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. Acknowledgment of this fact shall be documented by having the employee sign and date the Receipt and Acknowledgement form. The person providing the information shall sign as the witness. HPM 9.2 4-5
commander
The original copy of the completed Receipt and Acknowledgment form will then be forwarded to Human Resources Section, Personnel Files Unit, for inclusion into the employee’s permanent personnel file and a copy placed in the employee’s field folder. Both of these documents are retained until the employee ___________ separates from the Department. HPM 9.2 4-5
permanently
The California Department of Human Resources rules do not permit the mandated substance testing of persons in nonsensitive positions. Despite this requirement, there is nothing in the rule which precludes a nonsensitive employee from voluntarily submitting to a substance test. Such a test will be limited to instances where the Department receives an unsolicited request for a test from a nonsensitive employee. Commanders are not precluded from taking action against a nonsensitive employee suspected of substance abuse. Rather, the rule only prevents the collection of an ___________ sample, even if reasonable suspicion is established. HPM 9.2 5-3
involuntary
Should a supervisor suspect on-duty substance abuse or intoxication of an employee in a nonsensitive position, prompt action is still required. While the employee cannot be ordered to submit to a chemical test, there is a need for a thorough investigation into the actions/circumstances which led to the suspicion of substance abuse. Accordingly, supervisors _____ not attempt to elicit a chemical test from an employee whose position has been designated as “non-sensitive.” Such an investigation and any subsequent action taken shall be done in accordance with Highway Patrol Manual (HPM) 10.2, Internal Investigations Manual. The event which leads to the suspicion of substance abuse may be a complaint from a citizen. If this is the case, the complaint should be investigated consistent with HPM 10.4, Citizens’ Complaint Investigations. HPM 9.2 5-3
shall
Supervisors who suspect substance abuse by nonsensitive employees are encouraged to support their observations using the same criteria used to establish reasonable suspicion for _________ positions. 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. HPM 9.2 5-3
sensitive
As part of the internal investigation, supervisors will be required to carefully document their observations. Since there will not be a mandated test result and there may not be a voluntary test result to confirm the supervisor’s suspicions, documentation must be especially accurate and complete. Circumstances, observations, and/or witness statements leading to a determination of substance abuse shall be documented using the __________ _________ ______ format outlined in Chapter 11, Documentation. This report will then be included as an exhibit in the final request for adverse action. HPM 9.2 5-3
Reasonable Suspicion Report
Adverse action ______ be sought when there is a determination of substance abuse. The requested penalty should be consistent with the specific described circumstances surrounding the abuse. HPM 9.2 5-4
should
The Department recognizes that many behavioral and personal problems can be successfully treated if early identification is made and appropriate help is obtained. Employees have access to _______ professional counseling services for a variety of personal problems. Any person, including a supervisor, may make these services known to the employee. (Refer to HPM 10.5, Employee Assistance Manual, Chapter 3, Employee Substance Abuse Program.) HPM 9.2 5-4
prepaid
As with the sensitive positions, the issue of substance abuse may be addressed in the appropriate Memorandum of Understanding (MOU). Supervisors _____ review the applicable MOU 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. HPM 9.2 5-4
shall
The ______________ process is a very serious procedure, and the first-line supervisor will be dealing with the involved employee from the time reasonable suspicion first arises until the results of the test are known. (HPM 9.2, 8-3)
substance testing
A supervisor making initial contact with an employee suspected of violating the substance abuse policy must take control of the situation. The Department has an obligation either to _______________ and order the test or to determine what, other than substance abuse, may have caused the circumstances upon which the initial reasonable suspicion was based. (HPM 9.2, 8-3)
verify this suspicion
Keep the employee under continuous observation until the sample is collected or the decision is made not to test. Do not allow the employee to __________________________ and note any unusual actions. This is a critical step in the process. (HPM 9.2, 8-4)
consume large amounts of liquid
