HPM 9.2 Substance Abuse

Question 1

Who plays the most important role in any successful substance testing program?

Answer 1

The Supervisor’s Role

Question 2

For the substance test to be effective, each supervisor must ensure that:

Answer 2

Reasonable suspicion is supported by proper documentation
1. Sample is properly collected
2. Chain of custody is maintained
3. Employee’s rights are not violated

Question 3

Who makes the final determination of the test results?

Answer 3

The MRO - Medical Review Officer

Question 4

What happens to the employee after the sample is taken?

Answer 4

Employee should be placed on dock status for the remainder of the shift on the day of the test or refusal. The employee should then be placed on administrative time off, subject to approval through the chain of command to the appropriate assistant commissioner. Should remain on this status until the test results are known and/or decision is made regarding administrative action. where only alcohol is suspected, should be returned to full duty the following day if completely recovered from its effects.

Question 5

Define Confirmation

Answer 5

Before any sample is obtained, the supervisor’s foundation for reasonable suspicion must be approved by a specified manager. This approval may be given by telephone if a manger is not on scene and immediately available

Question 6

The supervisor is the main defense for a drug free workplace, it is their responsibility to:

Answer 6

• Confront the situation
• Initiate the proper action, including substance testing

Question 7

No state employee who is on duty or on standby for duty shall:

Answer 7

1. Use, possess or be under the influence of illegal or unauthorized drugs or other illegal mind-altering substances
2. use or be under the influence of alcohol to any extend that would impede the employee’s ability to perform his/her duties safely and efficiently
   NOTE: Standby for duty occurs when an employee is designated on-call and must be available to respond to an incident within a specified period of time

Question 8

What type of sample is taken if the employee is suspected of being under the influence of both alcohol and drugs?

Answer 8

The employee is required to submit to both a urine and breath test

Question 9

Is the employee entitled to representation in any of their discussions with the Medical Review Officer (MRO)?

Answer 9

Yes, shall be entitled to representation

Question 10

After reasonable suspicion is established, the supervisor must take control of the situation. The supervisor should do what? (9 Steps)

Answer 10

1. Inform the employee of the observations and why they are cause of concern.
2. Listen to the employee’s explanation and give it appropriate consideration before reaching a decision to test
3. maintain as much privacy and confidentiality as possible
4. be direct, factual, firm, calm, and professional
5. avoid apologizing for the actions or engaging in pointless debate or discussion
6. if the employee is threatening or violent, seek the assistance of another supervisor or manager before continuing with the process
7. seek medical help immediately, if appropriate
8. ** 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 consume large amounts of liquid and note any unusual actions. This is a critical step in the process. The employee must not be given the opportunity to dilute the urine sample or to make preparations to either beat the test or contaminate the sample
9. Do not allow the employee to converse with fellow workers

Question 11

What is the fourth amendment

Answer 11

This constitutional amendment protects persons from unreasonable searches and seizures. Whether a urine test is protected under this amendment is the subject of debate; however, the United States Supreme Court has ruled that a search occurs “when an expectation of privacy that society is prepared to consider reasonable is infringed” by the government

Question 12

What are 4 abnormal behaviors by an employee that can attract a supervisor’s attention? (Initial Suspicion)

Answer 12

1. An industrial accident
2. Unusual demeanor or appearance
3. Atypical behavior
4. Abnormal work performance

Question 13

Where should samples be stored?

Answer 13

They should be secured in a locked evidence locker

Question 14

What type of sample will be utilized for alcohol testing?

Answer 14

Evidential breath testing devices

Question 15

Throughout the substance testing process, the supervisor should base his/her actions on what 4 concerns?

Answer 15

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
4. Employee rights and privacy

Question 16

What is substance testing used to determine?

Answer 16

Current impairment rather than past behavior

Question 17

What is a sensitive position?

Answer 17

Any peace officer as identified in 830 PC and any other position in which drugs or alcohol affected performance could clearly endanger the health and safety of others

Question 18

Can the employee’s immediate supervisor be the confirming official?

Answer 18

No, in no event shall the confirming official be the suspected employee’s immediate supervisor or the individual who made the initial observation leading to the reasonable suspicion.

Question 19

Determination of Reasonable Suspicion must be made in __________

Answer 19

Good faith, without malice, personal motive or as an act of reprisal. Supervisor and the confirming official must honestly and critically evaluate the facts and/or evidence before arriving at the conclusion that reasonable suspicion exists as a basis for substance testing.

Question 20

What is the Fourteenth Amendment?

Answer 20

This amendment guarantees the right to due process and has been the basis for challenges to certain substance testing programs. When claims are made that due process has been denied, they most frequently allege:
1. Lack of advance notice of test
2. No advisement of consequences
3. Inadequate opportunity to respond to charges
4. Lack of ability to challenge test results or order additional tests for comparison
5. Failure to establish job-relatedness of tests

Question 21

Will a CHP 202X be stored in an employee’s personnel field folder when there is no documentation associated with the incident giving rise to voluntary testing?

Answer 21

Under no circumstances will the CHP 202X be retained in the employee’s personnel field folder.

Question 22

Can employees drink water for the purpose of aiding them in providing a sample?

Answer 22

Yes, so long as it is supervised

Question 23

Define Chain of Custody

Answer 23

Limit number of personnel handling sample, properly document those who do

Question 24

Who should be notified of the sample collection?

Answer 24

Office of Internal Affairs (Attention: substance testing coordinator)

Question 25

Define Voluntary Testing

Answer 25

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 shall not be documented as a refusal, since it is the employee’s option.

Question 26

Who is responsible for the CHP 202X? and what is the time frame for submitting it?

Answer 26

The supervisor who made the initial determination of reasonable suspicion must prepare a Reasonable suspicion Report using the CHP 202X, Workplace Substance Abuse Investigation/Voluntary Testing Report. Since there is an expectation of a 48-hour turnaround, this document may be handwritten or typewritten. Supervisors are not 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. Supervisor are encouraged, however, to complete the report as soon as possible so that none of the initial observations are forgotten.

Question 27

A driver who is in a traffic collision involving a commercial vehicle shall be tested for alcohol and controlled substances under the following conditions:

Answer 27

FATAL | Driver Cited = Doesn’t Matter | Test Required YES

Injury (Someone required medical help away from the scene) | Driver Cited = YES | Test Required YES

Injury (Someone required medical help away from the scene) | Driver Cited = NO | Test Required NO

Disabling Damage (One or more vehicles required towing) | Driver Cited = YES | Test Required YES

Disabling Damage (One or more vehicles required towing) | Driver Cited = NO | Test Required NO

Question 28

What BAC will result in a positive test result?

Answer 28

A .04 percent for substance testing versus the .08 percent for driving under the influence, however, any detected level of alcohol is prohibited by the Inconsistent and Incompatible Activities Statement and adverse action can be sought.

Question 29

What occurs after reasonable suspicion has been approved by the confirming official?

Answer 29

1. Inform the employee that a decision has been reached to administer a substance test
2. Assure the employee that the sample will be collected in a proper setting
3. Advise the employee of the possible consequences of a positive test, which could include termination
4. If the employee refuses to cooperate, inform the employee that this refusal will result in a request for adverse action and could lead to termination
5. Make arrangements for testing and if necessary, transportation
6. 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

Question 30

Can a sample be taken if the employee refuses to sign the CHP 202X?

Answer 30

Yes, the employee is still permitted to provide a voluntary sample

Question 31

What is the criteria when acting upon an anonymous tip?

Answer 31

1. When credible, tips may be the basis for intiaiting closer observation of the employee to determine if other articulable facts or evidence exist which establish reasonable suspicion
2. An anonymous tip alone is not sufficient to order a substance test.
3. irrespective of test, an investigation may be initiated, if appropriate

Question 32

What test is the primary means of determining whether or not an employee has abused drugs?

Answer 32

Urine

Question 33

True/False: Supervisors shall not attempt to elicit a chemical test form an employee whose position has been designated as “non-sensitive”

Answer 33

True

Question 34

Interpreting Memoranda of Understanding

Answer 34

The CalHR’s policy may be superseded by a Memorandum Of Understanding (MOU), which can further restrict or define the state’s ability to compel a substance test

Question 35

Are all classifications or positions subject to the requirements of substance testing?

Answer 35

No

Question 36

Can an employee be offered favorable management for volunteering for a test?

Answer 36

No, must not be offered to employee. An employee’s decision not to volunteer for a test shall not lead to unfavorable management actions, conclusions, or documentation.

Question 37

Define Control of Quality

Answer 37

Department must ensure contracting lab meets standards

Question 38

Supervisors may/should/shall 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 action they are precluded from taking

Answer 38

SHALL

Question 39

Who shall be subject to substance testing?

Answer 39

Only employees serving in sensitive positions when there is reasonable suspicion

Question 40

What shall be given to the employee after a urine sample is provided?

Answer 40

A memorandum explaining both the supervisor’s role and the employee’s rights relative to substance testing

Question 41

What does POBR stand for?

Answer 41

Public Safety Officer’s Procedural Bill of Rights

Question 42

Define Collection of Sample

Answer 42

Ensure unadulterated sample is collected; Department must testify to sample

Question 43

Why would the CHP 202X not be stored in the employee’s personnel field folder?

Answer 43

Under no circumstances will the CHP 202X indicating a negative test result be retained in the employee’s personnel field folder.

Question 44

Drug metabolites remain in the system for hours or even days, when should a sample be collected?

Answer 44

within two to four hours

Question 45

Who is the confirming official?

Answer 45

The first designated manager in the supervisor’s chain of command

Question 46

Who can be a reliable informant?

Answer 46

CalHR requires that the informant be a peace officer who is willing to publicly testify

Question 47

Reasonable suspicion is based upon:

Answer 47

1. Articulable Facts
2. Close observation
3. Good faith

Question 48

How much time should be given to an employee to provide a urine sample?

Answer 48

Supervisors should realize than an employee may not be able to provide a urine sample immediately. A reasonable waiting period should be allowed for the employee to provide the sample. 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.

Question 49

Is an employee entitled to representation during the collection of the sample?

Answer 49

No, unless specifically permitted in the MOU

Question 50

Define Contracts

Answer 50

Review affected employee’s Bargaining Unit MOU. MOU takes precedence over CalHR rules. Failure to take MOU into consideration may allow the validity of the test to be challenged.

Question 51

Can legal prescriptions be taken?

Answer 51

No employee shall attempt to perform duties which, because of drugs taken due to a legal prescription, cannot be performed without posing a threat to the health and safety of the employee or others

Question 52

When are prescribed drugs “unauthorized”

Answer 52

when taken in excess of amounts prescribed, and the employee is subject to testing

Question 53

What is the Fifth Amendment?

Answer 53

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. Incriminate is implicated only by testimonial or communicative evidence

Question 54

What should the supervisor/confirming official carefully consider when deciding where the sample will be collected?

Answer 54

1. Sex of the employee and availability of a supervisor of the same sex to collect the sample.
2. Some MOU prohibit the collection of a sample by the employee’s supervisor
3. A breath test will be administered for an employee who is suspected of abusing alcohol

Question 55

Define Confirmation

Answer 55

Before any sample is obtained, the supervisor’s foundation for reasonable suspicion must be approved by a specified manager. This approval may be given by telephone if a manger is not on scene and immediately available

Question 56

Can the employee be asked to complete a fitness-for-duty examination?

Answer 56

Yes, the urinalysis and or discussions between the MRO and employee could result in 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 the responsibility to ensure public safety. Should such a condition be revealed through the substance test, the employee may be directed to complete a fitness for duty examination.

Question 57

Define Consistency

Answer 57

The department must consistently apply al aspects of the program. Decisions to test must be made based solely upon facts and/or evidence, and not hunches or groundless suspicions. Additionally, whenever the test process is administered, it must be done in the same manner each time following an established set of procedures

Question 58

Does the department condone use of illegal substances?

Answer 58

No, never under any circumstances, however the CalHR policy only addresses on-duty impairment

Question 59

What are the 14 departmental classifications deemed “sensitive positions”?

Answer 59

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 I and II
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

Question 60

How much urine is collected for a sample?

Answer 60

at least 60 milliliters (approximately 2 fluid ounces to be split into two containers after collected)

Question 61

What are the Six “C’s”?

Answer 61

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

Question 62

Non-peace officer positions for them to be designated sensitive are:

Answer 62

1. Duties that involve a greater than normal level of trust, responsibility or impact on the health and safety of others
2. Errors in judgment, inattentiveness or diminished coordination, dexterity or composure would endanger the health and safety of others
3. Employees in these positions work with such independence or perform such tasks that it cannot be safely assumed that mistakes such as these could be prevented by a supervisor or other departmental employee.