HPM 9.2 Substance Abuse Testing manual Flashcards
What are the “Six C’s”?
Consistency Confirmation Collection of sample Chain of custody Control of quality Contracts
Participation in field sobriety tests, including the Preliminary Alcohol Screening (PAS) device test, is voluntary during a criminal investigation. True or false?
True
For uniformed employees, can evidence gathered during a criminal investigation be used to support the administrative investigation?
Yes.
but not the other way around
A positive test for being under the influence (CalHR) of alcohol on duty is:
.04% BAC
A violation of Inconsistent and Incompatible Activities is:
Any detected level of alcohol
Includes odor on breath
The use of a PAS device to establish reasonable suspicion is not authorized. True or false?
True.
When interviewing an employee for possible substance abuse, what type of questions may the supervisor ask?
Medically related questions.
The Cal HR requires that each initial determination made by a supervisor be approved by the Commissioner or the Commissioner’s designee. For the purposes of the Department‘s substance testing program, this confirming official will be:
The first designated manager in the supervisor’s chain of command.
The role of the confirming official is the following, except:
A. Consider the facts and/or evidence and agree whether or not they support probable cause
B. Ensure accurate and proper application of the rules
C. Provide guidance and direction
D. Authorize the substance test
A. Consider the facts and/or evidence and agree whether or not they support probable cause
(Should be whether or not they support reasonable suspicion, NOT probable cause)
True or false? Urine may be used for alcohol testing.
True or false? Urine may be used for drug testing as long as the bladder is voided.
False (breath test required for alcohol)
False (urine test ok but do not allow bladder void)
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 not sufficient to order a substance test. True or false?
True.
Employees suspected of being under the combined influence of alcohol and a drug(s) are required to submit to both a urine and breath test. True or false?
True.
The best time to collect a sample is within _________ hours of the initial observation. This gives the body time to metabolize the drug if it has just been ingested.
2 to 4 hours
How much urine must be collected for a sample?
60 ml, divided into two samples.
Since the decision to test will be based upon _____________ of substance abuse, the employee __________ not be allowed to return to duty until the test results are known to be negative. The employee should be placed on __________________ for the remainder of the shift on the day of the test or refusal to take a test.
Reasonable suspicion
Should
Dock status
Uniformed employees should be given the opportunity, under supervision, to change into civilian attire before being transported to a collection site. True or false?
True.
Employees refusing to cooperate at any stage of the collection process may be ordered to cooperate and advised that failure to do so may subject them to disciplinary action for insubordination. True or false?
False.
They shall be ordered/advised.
In those instances where criminal prosecution is contemplated, normal arrest and evidence collection procedures should be followed, including forced blood draw procedures. True or false?
True.
Under this substance abuse testing policy, what class of drugs and/or their metabolites will NOT be tested for?
LSD
An initial supply of _____ kits has been provided to each office. Commanders shall ensure the unused kits are available at all times. Test kits shall be stored in a secure location, such as a filing cabinet or locker in the ____________ office.
Two
Sergeants’
When should a uniformed employee’s duty belt and weapon be secured?
Once reasonable suspicion is approved by the confirming official.
The employee __________ be placed on dock status for the remainder of the shift on the day of the drug or alcohol test or refusal to take a test.
Should
If a peace officer is involved in a drug or alcohol (combo) influence investigation, 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. 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.
Is an employee entitled to representation during the collection of the sample?
No.
Unless specifically permitted in the MOU, an employee is not entitled to representation during the collection of the sample.
9.2 8-6
Positive test results and documented reasonable suspicion will become part of the request for adverse action file. This information will be maintained for:
Five years
A copy of the CHP 202X for a voluntary alcohol or drug test will be retained in the employee’s personnel file for:
Never
Interrogation of an employee suspected of being under the influence of alcohol and/or drugs should be conducted _______ a sample is obtained.
After
Regarding substance testing, employees working in ___________ positions are required to submit to a chemical test.
Sensitive
- Which is not one of the “Six C’s”?
a. Consistency
b. Confirmation
c. Confidentiality
d. Collection of Sample
e. Chain of Custody
f. Control of Quality
g. Contracts
c. Confidentiality Chapter 1 pg 1-4
- Liability can arise when it can be shown that a supervisor negligently failed to supervise subordinates appropriately?
a. True
b. False
a. True Chapter 1 pg 1-3
- A court can hold an employer directly responsible for retaining a “dangerous” employee?
a. True
b. False
a. True Chapter 1 pg 1-4
- Can a legal prescription be used to violate the Department’s Substance Abuse Policy?
a. True
b. False
a. True Chapter 3 pg 3-4
- May a supervisor elicit a chemical test from an employee in a non-sensitive position?
a. Yes
b. No
b. No Chapter 5 pg 5-3
- 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.
a. True
b. False
a. True Chapter 5 pg 5-3
- Since a chemical test will not normally be part of most non-uniformed employee investigations, it is essential that the supervisor’s final determination of influence be based upon the following, except:
a. Articulable facts
b. Probable cause
c. Close observation
d. Good faith
b. Probable cause Chapter 5 pg 5-3
- Reasonable suspicion is based on the following, except:
a. Good faith belief
b. Specific articulable facts or evidence that an employee, in fact, violated the substance abuse policy.
c. Substance testing could reveal evidence in support of a violation
d. Confirming official agrees with presented facts and evidence
b. Specific articulable facts or evidence that an employee, in fact, violated the substance abuse policy. Chapter 6 pg 6-3 (may have violated)
- Which suspected substance abuse investigation should occur first:
a. Criminal investigation
b. Administrative investigation
a. Criminal investigation Chapter 6 pg 6-4
- Participation in field sobriety tests, including the Preliminary Alcohol Screening device (PAS) test, is voluntary during a criminal investigation.
a. True Chapter 6 pg 6-4
b. False
a. True Chapter 6 pg 6-4
- For uniformed employees, can evidence gathered during a criminal investigation be used to support the administrative investigation?
a. Yes
b. No
a. Yes Chapter 6 pg 6-4
- For non-uniformed employees, can evidence gathered during a criminal investigation be used to support the administrative investigation?
a. Yes
b. Yes, after conviction
c. Yes, if the District Attorney files on the case
d. No
b. Yes, after conviction Chapter 6 pg 6-4
- A positive test for being under the influence of alcohol on duty is:
a. .01% BAC
b. .02% BAC
c. .04% BAC
d. .08% BAC
c. .04% BAC Chapter 6 pg 6-5
- A violation of Inconsistent and Incompatible Activities is:
a. .001% BAC
b. .01% BAC
c. .02% BAC
d. .04% BAC
a. .001% BAC Chapter 6 pg 6-5
- The use of a PAS device to establish reasonable suspicion:
a. Is authorized
b. Is authorized by a confirming official
c. Is not authorized
d. Should be the last FST
c. Is not authorized Chapter 6 pg 6-5
- Nonuniformed supervisors should seek the assistance of a uniformed supervisor to corroborate reasonable suspicion:
a. In every instance
b. Whenever possible
c. Never
d. Only if the person being investigated is a uniformed employee
b. Whenever possible Chapter 6 pg 6-5
- When establishing reasonable suspicion, a second opinion:
a. Compromises the credibility of the supervisor
b. Skews the proper perspective for appeal
c. Adds too many factors to the investigation
d. Strengthens the state’s case against litigation
d. Strengthens the state’s case against litigation Chapter 6 pg 6-5
- When interviewing an employee for possible substance abuse, may the supervisor ask the employee an incriminating question?
a. Yes
b. No Chapter 6 pg 6-5 (Only medical related questions may be asked.)
b. No Chapter 6 pg 6-5 (Only medical related questions may be asked.)
- When interviewing an employee for possible substance abuse, if the supervisor asks the employee an incriminating question?
a. It is a possible POBR violation
b. It is evidence in the case against the employee
c. The question can aid in determining reasonable suspicion
d. The question can aid in determining probable caus
a. It is a possible POBR violation Chapter 6 pg 6-5
- When interviewing an employee for possible substance abuse, what type of questions may the supervisor ask?
a. Incriminating questions
b. General influence questions
c. Medically related questions
d. Basic identifying questions
c. Medically related questions Chapter 6 pg 6-5
- Is an anonymous tip sufficient to order a substance test?
a. Yes
b. No
b. No Chapter 6 pg 6-5
- Is an anonymous tip sufficient to initiate closer observation?
a. Yes
b. No
a. Yes Chapter 6 pg 6-5