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
Since the decision to test will be based upon reasonable suspicion of substance abuse, the employee should not be allowed to _____________________until the test results are known to be negative. (HPM 9.2, 8-4)
return to duty
After initial discussions with the employee, the supervisor’s reasonable suspicion of substance abuse may still exist. If this is the case, this reasonable suspicion must be approved by the __________________ as detailed in Chapter 6, Reasonable Suspicion. (HPM 9.2, 8-4)
confirming official
In those instances where only alcohol is suspected, the employee should be returned to full duty ___________________ if completely recovered from its effects. (HPM 9.2, 8-4)
the following day
The following criteria will apply after a substance test has been conducted or the employee refuses to submit to a test when directed: If a peace officer is involved, peace officer powers will be immediately suspended along with any requests for secondary employment. Additionally, the employee will be required to immediately surrender all state property (refer to Annex A). These suspensions will remain in effect until the results of the test are known. A decision will be made at that time whether or not to reinstate them. The provisions of this subsection do not apply to circumstances involving only the suspected use of __________. (HPM 9.2, 8-5)
alcohol
After providing a urine sample, the employee shall be given a _____________ explaining both the supervisor’s role and the employee’s rights relative to substance testing. (HPM 9.2, 8-5)
memorandum
When the test results are known, the employee shall be returned to full duty if the results are negative and there are no other causes for action. The employee’s dock time on the day of the test shall also be adjusted to a paid status. If the results are positive, the ___________________________, through the chain of command, should be consulted for guidance. Each case must be determined individually considering the circumstances. In conjunction with adverse action, supervisors are to consider the value of medical review and/or employee assistance programs. (HPM 9.2, 8-5)
Office of Internal Affairs (OIA)
The enactment of the Department of Personnel Administration substance testing rules and this departmental policy do not in any way mitigate the rights guaranteed to employees under the Public Safety Officers’ Procedural Bill of Rights Act (POBR) or the various Memoranda of Understanding (MOUs). Supervisors must also remember that the Commissioner has extended POBR protections to ____ members of the Department, except cadets. Any action with regard to substance testing must be evaluated in light of these rights. (HPM 9.2, 8-6)
all
This right to representation does not preclude a supervisor from making initial contact with the employee in an appropriate _______________________ setting to ask questions regarding abnormal behavior, inefficiency, absenteeism, tardiness, unusual appearance, etc. This is part of the process to eliminate substance abuse as a cause for reasonable suspicion. (HPM 9.2, 8-6)
confidential interview
Supervisors are to carefully weigh the need to interrogate an employee before the collection of a sample. In most instances, an ______________ should occur after the sample is collected or at a later date when additional information is known. (HPM 9.2, 8-6)
interrogation
Unless specifically permitted in the MOU, an employee is not entitled to representation during the ______________________. (HPM 9.2, 8-6)
collection of the sample
Employees shall be entitled to representation in any of their discussions with the ______________________________that occur subsequent to implementing this policy. The sample collection process shall include an opportunity for the employee to provide information about factors other than illegal substance use (such as taking legally prescribed medication) that could provide a medical explanation for a positive test result. (HPM 9.2, 8-6)
Medical Review Officer (MRO)
The substance testing policy also requires that the employee _____ receive a full copy of any test results and related documentation of the testing process as detailed in Chapter 11, Documentation. (HPM 9.2, 8-6)
shall
At the employee’s ____________________, the sample may be retested by that laboratory or another laboratory which has been certified by the United States Department of Health and Human Services under the National Laboratory Certification Program in accordance with Title 49, Code of Federal Regulations Part 40.81. (HPM 9.2, 8-7)
request and expense
The Department uses, through a contract with the California Department of Human Resources (CalLHR), one or more Medical Review Officers (MRO) who receive ___________ test results and evaluate them from a medical point of view. Each MRO must be a licensed physician. (HPM 9.2, 9-3)
positive
Since the employee has an opportunity to explain a positive test result, it is imperative that supervisors properly document their _________________ that formed the foundation for reasonable suspicion. This information may be necessary to refute a claim made by the employee to explain the test results. (HPM 9.2, 9-3)
observations
If the affected employee has additional information for the MRO to consider, it is the __________________ responsibility to provide that information. Departmental supervisors will make reasonable efforts to assist the MRO in establishing necessary appointments with the affected employees. (HPM 9.2, 9-3)
employee’s
It is the __________________ who makes the final determination of the test result. This determination can only be made after all available information is considered. (HPM 9.2, 9-3)
Medical Review Officers (MRO)
It is possible that the urinalysis and/or discussions between the MRO and employee could result in the identification of some other medical condition not previously known to the Department and/or the employee. Some of these conditions could jeopardize the employee’s continued employment, since the Department has a responsibility to ensure public safety. Should such a condition be revealed through the substance test, the employee may be directed to complete a ______________ examination. (HPM 9.2, 9-4)
fitness-for-duty
In an effort to minimize the stigma attached to a substance test, negative results _________ not be included in the employee’s personnel file. Therefore, negative test results and the documentation regarding reasonable suspicion for the test shall be maintained apart from the employee’s personnel folder unless the employee requests otherwise. (HPM 9.2, 10-4)
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 ______ years and handled consistent with policy contained in Highway Patrol Manual 10.2, Internal Investigations Manual. (HPM 9.2, 10-4)
five
_________________ is one of the key concerns raised by substance testing. Therefore, it is imperative that the testing of an employee, as well as the test results, be kept as confidential as possible. (HPM 9.2, 10-3)
Invasion of privacy
On September 24, 1986, Governor Deukmejian issued an Executive Order, D-58-86, to establish a _______ testing policy to combat the effects of substance abuse in the state workplace. (HPM 9.2, 1-3, 1)
substance
Substance Abuse manual details policy and provides specific direction to the departmental management team on how to ________ administer a legal and successful substance testing program. (HPM 9.2, 1-3, 1)
effectively
The first-line _______ plays the most important role in any successful substance testing program. Supervisors generally have the routine, daily contact with the employee for the purpose of directing and evaluating performance; therefore, the supervisor is in the best position to assess any changes in an employee’s job performance, behavior, and/or appearance. (HPM 9.2, 1-3, 2a)
supervisor
Supervisors are the main defense in maintaining a ___-free workplace. When a problem arises, it is their responsibility to confront the situation and initiate the proper action, including substance testing. (HPM 9.2, 1-3, 2a1)
drug
Chapter 7, Testing Process and Standards; Annex A, Substance Testing Action Checklist, of this manual, provides a brief checklist synopsizing the ________ outlined in detail throughout this manual, to assist supervisors with correctly handling substance testing situations. (HPM 9.2, 1-3, 2a1)
requirements
For a substance test to be effective, each supervisor must ensure the following steps are adhered to (a) Reasonable suspicion is supported by proper documentation. (b) The sample is properly collected. (c) The chain of custody is maintained. (d) The employee’s ______ are not violated. (HPM 9.2, 1-3, 2a1)
rights
Liability arises when it can be shown a supervisor _______ failed to supervise subordinates appropriately, and the negligence resulted in an injury to a coworker and/or the public. Since the potential for such liability clearly exists, departmental supervisors must act quickly and reasonably when dealing with employees whom they suspect are abusing alcohol and/or drugs. (HPM 9.2, 1-3, 3)
negligently
While supervisors and managers have specific roles in the substance testing process, all departmental employees _____ alert a supervisor to indications that another employee is involved in substance abuse. The consequences are too grave to allow a coworker to perform duties while under the influence of alcohol and/or drugs. (HPM 9.2, 1-4, c)
shall
In the area of substance abuse, the Department can be criticized for ______ as well as inappropriate action. Even if there is no indication of negligent supervision, the Department could still be held vicariously liable because of a questionable act by its employees. (HPM 9.2, 1-3, 3)
inaction
_______ to act in a reasonable manner when such information comes to a supervisor’s attention, or could have come to a supervisor’s attention, exposes the Department to liability. Liability can also arise from an act of deliberate indifference on the part of a supervisor. (HPM 9.2, 1-4, 3a)
failure
The Department must _________ apply all aspects of the program. (HPM 9.2, 1-4, 4a1)
consistently
The effectiveness of the _______ _______ program is dependent on the Department’s ability to justify its actions and demonstrate a proper application of the policy. The following elements are critical if the program is to be successful: consistency, confirmation, collection of sample, chain of custody, control of quality, contracts. (HPM 9.2, 1-4, 4a)
substance testing
Before any ______ is obtained, the supervisor’s foundation for reasonable suspicion must be approved by a specified departmental manager. (HPM 9.2, 1-4, 4a2)
sample
Before any action can be taken against an employee for substance abuse, a sample must be _______ collected and analyzed. (HPM 9.2, 1-4, 4a3)
properly
To avoid countercharges of sample tampering, a concise chain of ______ must be established and followed. (HPM 9.2, 1-4, 4a4)
custody
The Department must ________ the contracting laboratory meets accepted scientific standards and each sample is properly handled and tested. (HPM 9.2, 1-4, 4a5)
ensure
Supervisors must be mindful of the different Memoranda of Understanding (MOU) and, as such, refer to the specific contract covering the Involved employees. Failure to take the MOU into consideration when dealing with a reasonable suspicion test could allow the validity of the test to be _________. (HPM 9.2, 1-4, 4a6)
challenged
The California Department of Human Resources rules require 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 (except when not reasonably possible or where other timeframes are dictated by the applicable Memorandum of Understanding) (HPM 9.2, 11-3)
48
The supervisor who made the initial determination of reasonable suspicion must prepare a Reasonable Suspicion Report using the ___________________________________________. Since there is an expectation of a 48-hour turnaround, this document may be handwritten or typewritten. (HPM 9.2, 11-3)
CHP 202X, Workplace Substance Abuse Investigation/Voluntary Testing Report
Supervisors _____ required to provide the employee with immediate documentation of the cause for reasonable suspicion. In most instances, 48 hours should be sufficient time for The supervisor to prepare a thorough report of the circumstances and submit it to the confirming official for review. (HPM 9.2, 11-3)
Are not
After completing the report, the supervisor must sign the document and submit it to _________ _________________________. (HPM 9.2, 11-3)
The manager who approved the substance test
COMFIRMING OFFICIAL’S RESPONSIBILITY.
a. Review. The manager who acted as the confirming official must review the reasonable suspicion report to ensure:
(1) ________________________________________________________________________.
(2) It is an accurate representation of the circumstances (either witnessed personally by the confirming official or related by the supervisor) that led to the decision to authorize the substance test.
b. Processing. The confirming official must sign the document, indicating review of and concurrence with the determination of reasonable suspicion. (HPM 9.2, 11-3/4)
It contains all necessary elements outlined in Annex A through Annex C of this chapter.
___________________ shall be completed whenever a determination of reasonable suspicion of workplace substance abuse leads to substance testing. (HPM 9.2, 11-4)
A Reasonable Suspicion Report
The Reasonable Suspicion Report is similar to a collision or arrest report in that it must contain all necessary facts to form a foundation for further administrative action. The following four elements are considered essential to a complete and comprehensive report:
(1) A detailed description of the incident and/or circumstances initiating the reasonable suspicion.
(2) _________________________________________________________________________.
(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. (HPM 9.2, 11-4)
The fact that substance abuse could not be ruled out after considering other possible causes, if any.
When a ______________________is conducted, a Reasonable Suspicion Report shall be completed. (HPM 9.2, 11-4)
criminal investigation
General Test Results. When received, the written test results are to be attached to the Reasonable Suspicion Report. A copy of these results must also ________________________. Even if the test results are negative, the Reasonable Suspicion Report must be completed, reviewed, and a copy provided to ______________. (HPM 9.2, 11-4)
be provided to the employee. // the employee
If the results are positive, the Reasonable Suspicion Report and test results will be included in the _______________. Should the employee appeal the _____________, the supervisor who prepared the report and confirming official will be called upon to testify at the hearing regarding their observations and actions. (HPM 9.2, 11-4)
Request for adverse action. // adverse action
Negative test results will be recorded on page 2 of the CHP 202X, Workplace Substance Abuse Investigation/Voluntary Testing Report and/or attached to the report. The documentation will then be forwarded as confidential material to _________________________, where it will be maintained by the Substance Testing Coordinator for a period of two years from the date of the test, or until any litigation associated with the incident is adjudicated (whichever is longer). Under no circumstances will the CHP 202X indicating a negative test result be retained in the employee’s personnel field folder. (HPM 9.2, 11-4)
The Office Of Internal Affairs (OIA)
Circumstances may arise when employees desire to voluntarily provide samples for substance testing, such as non-sensitive employees suspected of substance abuse volunteering to provide unsolicited samples, or employees involved in critical incidents. Under these circumstances, the CHP 202X will be completed by a supervisor and the employee will be asked _______________________________________. If the employee is unable or refuses to ________________________, the supervisor will make a notation of the circumstance(s) within the signature box. Nevertheless, an employee who is unable or refuses to sign the CHP 202X will be permitted to provide a voluntary sample. (HPM 9.2, 11-5)
Asked to sign the document prior to sample collection. // sign the document
When a CHP 202X is completed pursuant to a voluntary sample, it will be retained according to ______________________. (HPM 9.2, 11-5)
The incident or circumstances giving rise to the test
If the documentation is associated with an internal investigation, it will be retained _________________________ (HPM 9.2, 11-5)
for the life of the investigation.
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 _________ from the date of testing. Under no circumstances will the CHP 202X be retained in the employee’s personnel field folder. (HPM 9.2, 11-5)
two years
The California Highway Patrol (CHP) operates commercial vehicles and, as an employer of commercial drivers, conduct__________________program which complies with the statute. (HPM 9.2, 12-3)
a controlled substances and alcohol testing (CSAT)
_________________________ is the office of primary interest for CSAT of the Department’s commercial vehicle drivers. (HPM 9.2, 12-3)
Enforcement and planning Division, Commercial Vehicle Section (CVS)
Within CVS, an individual is assigned to ensure commercial driver CSAT activities of the Department are in compliance with state and federal CSAT requirements. This individual is the Department’s ___________________, also identified in regulation as a designated employer representative(DER). (HPM 9.2, 12-3)
CSAT Coordinator
The DER is the liaison between the CHP and ____________________________________. (HPM 9.2, 12-3)
The California Department of Human Resources (CALHr)
The DER receives random selection notifications and ________, notifies the affected commands, maintains required records, and ensures the Department remains in compliance with the CSAT regulations. TheDER is available as a resource for supervisors and drivers for further information regarding the CSAT requirements. (HPM 9.2, 12-3)
test results
________________________Part 40 and Part 382 require employers of commercial vehicle drivers to conduct pre-employment, post collision, reasonable suspicion, and random CSAT. (HPM 9.2, 12-3)
Title 49, Code Of Federal Regulations (49 CFR)
Employers must remove drivers from driving duties when they have engaged in prohibited conduct. Additionally, the regulations provide for return-to-duty and follow-up testing for drivers who have engaged in prohibited conduct, when the driver and the Department ______ ________________ to return the driver to the performance of driving functions. (HPM 9.2, 12-3)
enter into an agreement
All drivers required to have a commercial driver license are subject to the controlled substance and alcohol testing rules. This would include all drivers who:
(1) Are in a classification that requires the possession of a commercial driver license and drive a commercial motor vehicle. Currently, those classifications are Heavy Truck Driver and Telecommunications Facilities Technician II.
(2) _______________________________________________________________________.
(3) Possess a commercial driver license and periodically drive a commercial vehicle for the Department and remain in the federal testing program during their non-driving periods. This includes supervisors who are in possession of a commercial driver license and remain in readiness to drive in the event of an emergency. (HPM 9.2, 12-4)
Are receiving a pay differential or any other additional compensation from the state because they have a commercial driver license
Peace officers as defined in Section 830.1 or 830.2 of the Penal Code who are authorized to drive vehicles described in Section 34500 of the Vehicle Code are__________ from this policy provided they are participating in a substance abuse detection program within the scope of their employment. (HPM 9.2, 12-3)
expempted
The _________________ is a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer’s drug testing program. (HPM 9.2, 12-5)
Medical Review Officer (MRO)
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. (HPM 9.2, 12-3)
The driver refuses to submit to a required test
Nothing in this section precludes the Department from taking ____________ against any employee reporting for duty with any measurable blood alcohol concentration (BAC), or with alcohol on the breath, pursuant to Highway Patrol Manual (HPM) 10.3, Personnel Transactions Manual, Chapter 14, Inconsistent and Incompatible Activities. (HPM 9.2, 12-3)
Adverse Action
Refusal to Submit to a Test:
(1) Fail to appear for any test within a reasonable time, as determined by the Department, after being directed to do so.
(2) Fail to remain at the testing site until the testing process is complete.
(3) Fail to provide a urine specimen for any drug test required by federal regulations. In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the driver’s provision of a specimen.
(4) In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the driver’s provision of a specimen.
(5) _________________________________________________________________________.
(6) Fail or declines to take a second test the Department or collector has directed the driver to take.
(7) Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the Department.
(8) Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, or behave in a confrontational way that disrupts the collection process).
(9) Is reported by the MRO as having a verified adulterated or substituted test result.
(HPM 9.2, 12-6)
Fail to provide a sufficient amount of urine when directed, and it has been determined through a required medical evaluation, that there was no medical explanation for the failure.
Command Responsibilities. The affected command is responsible for the following activities.
(1) A pre-employment drug test for each driver hired or promoted to a commercial driving classification. Pre-employment alcohol testing is not required under the regulation and shall not be performed.
(2) Ensure the driver does not perform SSF(Safe Sensitive Function) until a negative test result is received.
(3) Obtain the driver’s signature on previous employer inquiry forms and conduct a previous employer inquiry.
(4) Ensure drivers receive a copy of driver education materials.
(5) ______________________________________________________________ (HPM 9.2, 12-7)
Notify the DER upon appointment or termination of a commercial driver.
All applicants for a commercial driver position shall be offered a conditional offer of employment or promotion to a commercial vehicle driving position, contingent on the submission to ________________________________________ (HPM 9.2, 12-3) (HPM 9.2, 12-7)
a preemployment drug test and receipt of a negative test result.
Drivers shall not perform a ________________________ for the Department prior to submitting to a pre-employment drug test, and having a negative result obtained from an MRO. A short driving skills demonstration in an unladen vehicle to determine the applicant’s ability to operate the vehicle adequately may be performed prior to obtaining a drug test result. (HPM 9.2, 12-8)
SSF(Safe Sensitive Function)
The ____________serves as the administrator for the consortium that will provide drug/alcohol testing services for the Department’s commercial driver drug testing program. (HPM 9.2, 12-9)
CALHR
Each year, a number of drugs tests that equals _______________ of the drivers in the CalHR random selection pool will be conducted on drivers who are randomly selected from the pool. In addition, a number of alcohol tests that equal _____________ of the number of drivers in the CalHR random selection pool will be conducted on drivers who are randomly selected from the pool. (HPM 9.2, 12-9)
Fifty Percent(50%) // Ten Percent (10%)
Random Testing, Command Responsibilities. The affected command is responsible for the following activities:
(1) Ensure that drivers selected for random testing proceed immediately to the testing site once they are notified of being selected. Supervisors shall ensure drivers are not made aware of the test prior to being sent for testing.
(2) Drivers shall only be tested for alcohol while they are performing safety sensitive functions, immediately prior to performing or immediately after performing safety-sensitive functions.
(3) Drivers will provide urine specimens (for drug tests) and take breath alcohol tests for the random testing program during any hours the driver is expected to perform a SSF. Drivers whose regularly scheduled work shift occurs outside of the designated collection site’s normal hours of operation may be held after shift to be tested, or the Department may make other arrangements to have them tested. Urine samples shall be collected in accordance with the procedures prescribed in federal regulation. Collection sites where drug tests may be conducted are available throughout the state through the CalHR’s contracted CSAT service provider.
(4) ________________________________________________________________________. (HPM 9.2, 12-9)
In no event shall a driver be called in for the purpose of participating in a random test while the driver is on vacation, regular days off, sick leave, compensated time off, or other leave status. In such a case, the driver’s supervisor shall notify the DER immediately. The DER shall notify CALHR to ensure the random selection is adjusted to guarantee an adequate annual sampling.
REASONABLE SUSPICION TESTING. Command Responsibilities. The affected command is responsible for the following activities:
(1) ________________________________________________________________________
(2) Ensure supervisors have been trained to make reasonable suspicion testing determinations.
(3) Forward documentation of reasonable suspicion determination and copies of associated records to DER. (HPM 9.2, 12-10)
Initiate a reasonable suspicion drug test for each driver when circumstances warrant.
Drivers will be required to submit to a reasonable suspicion drug test and/or breath alcohol test as required under federal regulation. Supervisors of commercial vehicle drivers shall make a determination to require a reasonable suspicion test based on ________________________ observations concerning the appearance, behavior, speech or body odors of the driver. Supervisors shall interview the driver and document their reasons for the determination of reasonable suspicion. Documentation of the reasonable suspicion determination shall be forwarded to the DER upon completion. (HPM 9.2, 12-10)
specific, contemporaneous, articulable
Supervisors of commercial vehicle drivers shall receive at least _________ training in recognition of signs of drug use and at least ________ training in recognition of signs of alcohol abuse.
one hour
POST TRAFFIC COLLISION TESTING, Command Responsibilities. The affected command is responsible for the following activities:
(1) Following a traffic collision, determine if the conditions exist to require driver to submit to a post-collision test.
(2) Ensure the driver is tested for alcohol within _______ of the qualifying collision.
(3) Ensure the driver is tested for drugs within __________of the qualifying
collision.
(4) Supervisors shall ensure that drivers who are required to submit to post collision
tests are provided with post collision information, procedures and
instructions, prior to the driver operating a commercial motor vehicle, so that
drivers will be able to comply with the regulations. (HPM 9.2, 12-10)
two hours // 32 hours
A driver who is in a traffic collision involving a commercial vehicle shall be tested for alcohol and controlled substances if the following conditions exist: Fatal (Someone died from the collision), ____________________________________________ Disabling Damage (One or more vehicles required towing) and driver cited. ** (HPM 9.2, 12-11)
Injury(someone required medical help away from the scene) and driver cited,
A driver who is subject to post-collision testing must remain available for CSAT testing, or the Department may consider the driver to have __________________. The involved driver must also refrain from consuming alcohol for eight hours following the collision, or until the driver submits to an alcohol test, whichever comes first. (HPM 9.2, 12-11)
refused to submit to testing
Drivers should be tested for alcohol within _________ of the qualifying collision. If not tested within two hours, supervisors must document the reason why. Every effort must be made to administer an alcohol test to the driver within ________ following the qualifying collision. If not tested within _______, supervisors must stop trying to administer an alcohol test, and document the reason why the test was not administered. (HPM 9.2, 12-11)
two hours // eight hours // eight hours
Every effort must be made to drug test the driver within _______ following the qualifying collision. If not tested within _________, supervisors must stop trying to conduct a drug test, and document the reason why the test was not conducted. (HPM 9.2, 12-12)
32 hours
RETURN-TO-DUTY PROCESS. Command Responsibilities. The affected command is responsible for the following activities. (HPM 9.2, 12-12)
(1) Ensure a driver who has engaged in prohibited conduct is prevented from _______________ ______________________.
(2) Provide the names and contact information for substance abuse professional (SAP) referrals to any driver who has engaged in prohibited conduct. This information is available through the CalHR’s contracted service provider. (HPM 9.2, 12-12)
operating a commercial vehicle until the return-to-duty process has been successfully completed.
FOLLOW-UP TESTING. The affected command is responsible to ensure that drivers selected for follow-up testing proceed immediately to the testing site upon notification of being selected. Supervisors shall ensure drivers are ________________ prior to being sent for testing. (HPM 9.2, 12-13)
not made aware of the test
Following the return-to-duty testing, the driver will be subject to a minimum of ___ unannounced follow-up alcohol and/or drug tests during the first twelve months following the drivers return to work. The SAP may prescribe more than the minimum number of follow-up tests. Any additional testing or treatment recommended by the SAP will be specified in the driver’s last chance agreement. (HPM 9.2, 12-13)
six
Should the test results come back negative the MRO ______________. The ___ shall notify the affected command as soon as possible. (HPM 9.2, 12-13)
shall immediately notify the DER. // DER
Prior to making a final decision to verify a positive test result for an individual, the MRO shall _________________________ The MRO shall contact the individual directly, on a confidential basis, to determine whether the driver wishes to discuss the test results. If after making all reasonable efforts and documenting them, the MRO is unable to reach the driver, the MRO shall contact the DER. (HPM 9.2, 12-13)
give the individual an opportunity to discuss the test results.
Once the affected command has been notified a driver had engaged in prohibited conduct, the driver must be ___________________ for the Department until the return-to-duty process has been successfully completed. (HPM 9.2, 12-13)
prevented from performing SSF
Use of alcohol is not permitted while on duty, driving a commercial vehicle, or ___________ prior to driving a commercial vehicle. When a driver has an alcohol test result with an alcohol concentration of 0.04% or more, the driver has engaged in prohibited behavior and shall not be permitted to drive a regulated vehicle until the driver has successfully completed the return-to duty process. (HPM 9.2, 12-14)
within 4 hours
When a driver has an alcohol test result with an alcohol concentration of ______ or greater, but less than 0.04%, the driver shall not be permitted to drive a regulated vehicle until at least 24 hours have elapsed since the test. Under this circumstance, the driver is not subject to the return-to-duty process. (HPM 9.2, 12-14)
0.02%
