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LEVEL UP 2024 > HPM 9.2 - SUBSTANCE TESTING > Flashcards

HPM 9.2 - SUBSTANCE TESTING Flashcards

1
Q

Who/what is required to substantiate reasonable suspicion?

A

A confirming official

(By phone is ok)

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2
Q

6 C’s are needed to ensure success of the program:

A
  1. Consistency (fair process)
  2. Confirmation (with supervisor)
  3. Collection (properly done)
  4. Chain of Custody (just like evidence)
  5. Control of Quality (testing lab)
  6. Contracts (Check contract)
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3
Q

Courts have ruled that employees in SENSITIVE public safety positions have a greater need to be drug free for public safety so _____________ rights allow the testing of bodily fluids without a search warrant.

A

4th Amendment

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4
Q

Only employees in designated _______ positions are REQUIRED to take the test

A

Sensitive

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5
Q

Non-sensitive positions - Does the mandatory testing policy apply?

A

No. It’s voluntary only

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6
Q

A supervisor SHALL NOT elicit a test from an employee in a _________ position.

A

Non-Sensitive

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7
Q

Does the employee have to be told who the informant was and what was said to establish reasonable suspicion?

A

Yes

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8
Q

How many millimeters of urine are needed for the sample?

Collect sample within _____ hours after initial observation.

A

60 mm (2 ounces)

Within 2-4 hours

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9
Q

Notify OIA (Office of Internal Affairs) within ___ hours of sample collection.

A

48 hours

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10
Q

CHP 202X - Prepared by supervisor and submitted within __ hours.

A

48 hours

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11
Q

All employees, except _______, are entitled to POBR rights.

A

Except Cadets

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12
Q

Is an employee representative allowed during collection of sample?

A

No.

Representative is only afforded during the interrogation.

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13
Q

Employee shall be placed on ________ for remainder of shift after sample is collected and results are pending.

A

Dock time

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14
Q

If only alcohol was tested for and suspected, they should be allowed to return to work __________

A

The next day.

Employee should be driven home

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15
Q

If on the following day, they are still not allowed at work or had refused the test, they should be placed on ______

A

ATO - Admin time off

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16
Q

CHP 202X shall not / shall be retained in employee’s personnel folder?

A

Shall NOT

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17
Q

Positive test results will be kept in AA file for ___ years.

A

5 years

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18
Q

Positive test results will be kept in AA file for ___ years.

A

5 years

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19
Q

A negative test will be kept separate from employee’s file for __ years unless they request it incorporated into their jacket

A

5 years

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20
Q

Considerations for substance abuse cases with non-sensitive employees?

A
  1. Adverse Action
  2. EAP
  3. MOU - check it

(Since testing is voluntary - Consider articulable facts, close observations, good faith, etc)

They are NOT compelled to submit a test.

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21
Q

Positive BA for the purposes of substance testing is ____%. Regardless, any detectable level of alcohol is prohibited.

A

.04%

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22
Q

Is an anonymous tip, alone, sufficient to order a substance test?

A

No, must have facts/evidence to support conclusion

Only peace officers can be used as informants.

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23
Q

Negative samples - stored at lab for __ weeks then destroyed

A

3 weeks

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24
Q

Positive samples - Stored at ___ degrees centigrade or lower for one year. Upon notification of challenge, the sample will be retained indefinitely

A

-20 degrees

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25
Q

Employers need to advise _________ of the administrative steps of the substance test to comply.

A

the employee

26
Q

Employees who have violated the substance abuse policy may be subject to ____________.

A

Periodic testing, which may not be longer than 1 year.

27
Q

Periodic testing, as stipulated in an AA, (Shall / Shall Not) be granted for abuse of drugs

A

Shall Not

Only for alcohol.

28
Q

If an employee takes a voluntary test, the supervisor is to ensure that the employee does what?

A

Employee should sign something indicating the test was voluntary.

29
Q

No promises of _________ will be offered to an employee agreeing to or refusing a test.

A

No promises of leniency or favor

30
Q

Who is responsible for collecting and documenting reasonable suspicion reports?

A

Supervisors

31
Q

__________ and refusal to a chemical test will be key in the AA

A

Articulate observations

32
Q

Can any supervisor or employee advise another employee of the EAP?

A

Yes

33
Q

If an employee in a non-sensitive position has been accused by a citizen of being under influence, is an investigation required? (Even though the employee doesn’t have to provide a sample?)

A

Yes, still required. Follow steps in 10.2 (Investigation Manual) and 10.4 (Citizens Complaint Manual)

34
Q

If a supervisor believes criminal charges will come as a result of the reasonable suspicion, take care of the ______ violation before any ______ procedure.

A

Criminal violation before any Administrative procedure

35
Q

What is a reasonable suspicion report? (Form)

A

CHP 202X (within 48 hours)

36
Q

A supervisor should use other supervisors who have skills in DRE, PAS, etc. when completing the ________

A

CHP 202X - Reasonable suspicion report

37
Q

The _____ test shall be the required test for alcohol. The ______ test will be used for drugs/alcohol.

A

Breath test for alcohol.

Urine test for drugs/alcohol.

38
Q

An employee should be allowed to change into _______ for a test.

A

Civilian clothes

39
Q

Test may be given at the office, but should be _______________

A

Away from other employees

40
Q

After collecting the sample, the supervisor is to arrange with a designated courier to transport the sample to _______________

A

a DPA contract testing facility

41
Q

If employee refuses to cooperate or provide a sample - advise them that a refusal can result in ______________________

A

Insubordination and disciplinary action.

42
Q

Test results will usually be available in _____ days and results will be communicated to the ___________ who will contact the command with the results.

A

1-2 days

MRO - Medical Review Officer

43
Q

MRO - Medical Review Officer will telephone the test results to the sergeant and to who?

A

the employee

44
Q

Take the employees ___________ since their peace officer powers may be suspended. Arrange for employee to be ___________

A

Weapon and duty belt.

Driven home

45
Q

Supervisor is to give the employee a _____ on what to expect from the substance testing and future issues.

A

Memo

46
Q

Peace officer powers and secondary employment are suspended pending _________ & _________.

A

Sample results / Investigation results

47
Q

Immediately surrender all state property if investigation involves _______

A

Drugs

48
Q

Who can communicate with the MRO - Medical Review Officer - in the event they wish to discuss a positive test and provide prescribed drug info or reason for positive test?

A

The employee or their rep

49
Q

A supervisor MAY / MAY NOT act as a liaison between the MRO and the employee in discussions of a positive test.

A

May

50
Q

It is the __________’s responsibility to provide info about a positive test to the MRO

A

the employee

51
Q

If other medical issues arise during review by the MRO, does the department have the right to order a fitness for duty exam?

A

Yes they do

52
Q

The supervisor making the reasonable suspicion report shall document the information on a 202X with “_________” written on the top portion.

A

“Confidential”

53
Q

What amendment provides protection to employees’ right to DUE PROCESS?

A

14th Amendment

54
Q

What amendment provides protection against SELF-INCRIMINATION?

A

5th Amendment

55
Q

5th Amendment right against self-incrimination still apply ONLY to ______________ evidence.

A

Testimonial

Not the test itself

56
Q

Cadets are considered SENSITIVE or NON-SENSITIVE positions

A

Sensitive

57
Q

Auto-Techs are considered SENSITIVE or NON-SENSITIVE positions

A

Sensitive

58
Q

Gunsmiths are considered SENSITIVE or NON-SENSITIVE positions.

A

Sensitive

59
Q

The Reasonable Suspicion Report (within 48 hours) is a good faith belief based on ______________________ of substance abuse.

A

Specific articulable facts

Then related to a confirming official

60
Q

Reasonable suspicion report - submit within _____ hours

A

48 hours

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