HPM - 9.2 Substance Abuse

Question 1

1. Supervisors are the main defense in maintaining a drug-free workplace. When a problem arises, it is their responsibility to confront the situation and initiate the proper action, including substance testing. For the substance test to be effective, each supervisor must
   ensure that: (Chapter 1, pg. 1-3.2.a.1.a-d)
   a. Reasonable suspicion is supported by proper documentation,
   b. The sample is properly collected,
   c. The chain of custody is maintained; and
   d. The employee’s rights are not violated
   e. All of the above

Answer 1

E.

Question 2

The state’s substance testing policy requires the involvement of specified managers in all substance tests as a ____________ before any sample can be collected. These managers are to make certain the policy is properly applied and the test appropriately administered. (Chapter 1, pg. 1-3.2.b)

Answer 2

Comfirming official

Question 3

The effectiveness of the substance testing program is dependent on the Department’s ability to justify its actions and demonstrate a proper application of the policy. What following elements are critical if the program is to be successful? (Chapter 1, pg. 1-4.3.a.1-5)

Answer 3

Consistency, Confirmation, Collection of Sample, Chain of Custody, Control of Quality, Contracts

Question 4

4. In recent years, the public has developed a better understanding regarding the impact of drug abuse in the workplace. Likewise, employers have established a variety of tests to combat substance abuse by their employees including all the following except:
   (Chapter 2, pg. 2-3.1.a.1-4)

a. Random.
b. Annual or periodic.
c. Probable cause.
d. Reasonable cause or suspicion
e. Articulable facts

Answer 4

E.

Question 5

This constitutional amendment that protects persons from unreasonable searches and seizures is known as the __________ amendment? (Chapter 2, pg. 2-3.2.b)

Answer 5

4th

Question 6

This amendment protects an employee from self-incrimination. The courts have held, however, that the protections afforded by this constitutional amendment do not apply to chemical tests because the right not to self-incriminate is implicated only by testimonial or communicative evidence is the _________ amendment? (Chapter 2, pg. 2-4.2.c)

Answer 6

5th

Question 7

The _________ amendment guarantees the right to due process and has been the basis for challenges to certain substance testing programs. This protection requires the government to ensure procedural and substantive due process when an employee’s constitutional rights are affected. (Chapter 2, pg. 2-4.2.d)

Answer 7

14th

Question 8

What is POBR?
(aka California Government
Code Sections 3300-3312)

Answer 8

Public Safety Officers Procedural Bill of Rights Act

Question 9

What does POBR provide?

Answer 9

Provides protections and rights for CA peace officers,
contains guidelines and limitations regarding administrative investigations and interrogations.

Question 10

True or False:

All departmental employees, regardless of their positions, shall be subject to substance testing? (Chapter 3, pg. 3-4.2.b)

Answer 10

False

(only sensitive positions are subject to substance testing)

Question 11

For the purposes of substance abuse testing, a sensitive position is defined as any peace officer as identified in Section 830 of the Penal Code and any other position in which drug or alcohol affected performance could clearly endanger the health and safety of others. All of the following are classified as “sensitive” with the exception of? (Chapter 4, pg. 4-3.2.a & 3.a.1-14)

a. Motorcycle Mechanic
b. School Pupil Transportation Safety Coordinator
c. All cadets
d. Associate Governmental Program Analyst

Answer 11

(d.) Associate Govermental Program Analyst

Question 12

Should a supervisor suspect on-duty substance abuse or intoxication of an employee in a non-sensitive 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 ___________ attempt to elicit a chemical test from an employee whose position has been designated as “non-sensitive”.

Answer 12

shall not

Question 13

Supervisors who suspect substance abuse by non-sensitive employees are encouraged to support their observations using the same criteria used to establish reasonable suspicion for sensitive 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 all the following except? (Chapter 5, pg. 5-3.2.b.1-3)

a. Articulable facts
b. Close observation
c. Probable cause
d. Good faith

Answer 13

(c.) Probable cause

Question 14

True or False

Use of the PAS device to establish reasonable suspicion is authorized. (Chapter 6, pg. 6-5.3.e)

Answer 14

False

Question 15

True or False

An occasion may arise when a departmental supervisor will receive an anonymous tip regarding an employee’s substance abuse. If closer observation does not yield facts or evidence to support the conclusion that the employee has violated this rule, an anonymous tip alone is sufficient to order a substance test. (Chapter 6, pg. 6-6.3.g.2)

Answer 15

False

Question 16

Reasonable suspicion is the good faith belief based on………..?
(Chapter 6, pg. 6-6.3.h)

Answer 16

Specific articulable facts that the employee may have violated substance abuse policy: and Substance testing could reveal evidence in support of a violation.

Question 17

If the supervisor believes criminal violations(s) exist, a criminal investigation should be conducted _________ to the administrative investigation. (Chapter 6, pg. 6-4.3.d)

At what point, prior, during, after, in conjunction

Answer 17

prior

Question 18

For uniformed employees, evidence gathered during a criminal investigation _______ be used to support the administrative investigation (Chapter 6, pg. 6-4.3.d)

can, can’t, should, shall not

Answer 18

can

Question 19

Per California Labor Code 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 ___________ (Chapter 6, pg. 6-4.3.d.

Answer 19

conviction

Question 20

The testing process begins after the _________ has authorized a chemical test.
(Chapter 7, pg. 7-3.1)

Answer 20

confirming official

Question 21

Effective April 7, 2005, the California Department of Human Resources (CalHR) discontinued the practice of obtaining a ___________ sample for alcohol testing in all state substance abuse testing programs. (Chapter 7, pg. 7-3.2.a)

a.	blood
b.	breath
c.	PAS
d.  urine

Answer 21

urine

Question 22

Employees suspected of being under the combined influence of alcohol and a drug(s) are required to submit to only a breath test. (Chapter 7, pg. 7-3.2.b.NOTE)

a.	True
b.	False (they must submit to both a urine and breath test)

Answer 22

False