HPM 9.2 Substance Abuse

Question 1

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. The following elements are critical if the program is to be successful:

Answer 1

Consistency
Confirmation 
Collection of sample
Chain of custody
Control of quality
Contracts

Question 2

What constitutional issues are of concern when dealing with substance abuse.

Answer 2

4th Amendment - search and seizure
5th Amendment - self-incrimination
14th Amendment - due process

Question 3

What positions are subject to the requirements of substance testing?

Answer 3

Sensitive Positions only.

Question 4

What departmental classifications have been designated an approved as sensitive positions?

Answer 4

All Peace Officers and any other position in which drug or alcohol affected performance could clearly endanger the health and safety of others.

Question 5

What is Reasonable Suspicion as it pertains to the substance abuse policy?

Answer 5

1. Specific articulable facts or evidence that an employee may have violated the substance-abuse policy; and
2. Substance testing could reveal evidence in support of the violation.

Question 6

What is considered a positive test from a blood alcohol level as it pertains to the substance abuse policy?

Answer 6

.04% BAC.

However any detected level of alcohol is prohibited by the statement of the inconsistent incompatible activities.

Question 7

What types of questions can be asked during the substance-abuse investigation interview to avoid violating the employees POBR rights?

Answer 7

Only those questions pertaining to the employees possible need for medical attention should be asked.

Question 8

What criteria shall apply with acting upon an anonymous tip as it pertains to the substance-abuse policy?

Answer 8

1. When considered credible, tips may be the basis for initiating closer observation of the employee.
2. An anonymous tip alone is not sufficient to order a substance test.

Question 9

What is considered a reliable informant as a pertains to the substance-abuse policy?

Answer 9

A peace officer who is willing to publicly testify on behalf of management.

Question 10

Who is a confirming official as it pertains to the substance-abuse policy?

Answer 10

The first designated manager and the supervisor’s chain of command.

Question 11

What is the role of the confirming official as it pertains to the substance-abuse policy?

Answer 11

1. Consider the fax and or evidence and agree whether or not they support reasonable suspicion;
2. Ensure accurate and proper application of the rules;
3. Provide guidance and direction; and
4. Authorize the substance test.

Question 12

What chemical test will be used for all alcohol testing as a pertains to the substance abuse policy?

Answer 12

Breath

Question 13

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

Answer 13

Urine

Question 14

What test is required when an employee is suspected of being under the combined influence of alcohol and a drug?

Answer 14

Both breath and urine.

Question 15

How much urine should be collected during a substance-abuse test?

Answer 15

60 mil liters to be split into two containers after collected.

Question 16

If after a reasonable period of time if the employee is unable to provide a sample, how will this be treated?

Answer 16

This will be treated as a refusal, which constitutes a presumption of impairment.

Question 17

How long does the command have, to make notification to the substance testing coordinator at the office of internal affairs?

Answer 17

Email or Fax within 48 hours.

Question 18

How long will negative samples be kept?

Answer 18

They will be securely stored by the laboratory for a period of three weeks.

Question 19

How long will positive samples be kept?

Answer 19

Stored and frozen at -20°C or lower for one year to ensure availability for returns retesting in case of appeal or litigation.

Upon notification of a challenge, the positive sample will be retained indefinitely.

Question 20

Who makes the final determination of the test results as a pertains to the substance-abuse policy?

Answer 20

Medical Review Officer

Question 21

How long does a supervisor who made the initial determination of reasonable suspicion have to prepare a reasonable suspicion report using the CHP 202X?

Answer 21

48 hours