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Longshot > HPM 9.2: SUBSTANCE TESTING > Flashcards

HPM 9.2: SUBSTANCE TESTING Flashcards

1
Q

The __-___ ___ plays the most important role in any successful substance testing program.

A

first-line supervisor

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2
Q

For a substance test to be effective, each supervisor must ensure the following (4) steps are adhered to.

A

(a) Reasonable suspicion is supported by proper documentation.
(b) The sample is properly collected.
(c) The chain of custody is maintained.
(d) The employee’s rights are not violated.

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3
Q

true/false: Policy requires the involvement of specified managers in all substance tests, as a confirming official, before any sample can be collected

A

true

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4
Q

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 (6 C’s) are critical if the program is to be successful:

A

(1) Consistency, (2) Confirmation, (3) Collection of Sample, (4) Chain of Custody, (5) Control of Quality, (6) Contracts

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5
Q

true/false: The CalHR’s policy may be superseded by a Memorandum Of Understanding (MOU), which can further restrict or define the state’s ability to compel a substance test.

A

true

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6
Q

All of the following general characteristics (3) must be present in the non-peace officer positions for them to be designated sensitive.

A

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

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7
Q

true/false: Once a position is designated sensitive, all appointees to that position must be informed and made aware of the CalHR substance abuse rules.

A

true

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8
Q

May a person in a nonsenstive position be ordered to submit to ta chemical test?

A

no, the California Department of Human Resources rules do not permit the mandated substance testing of persons in nonsensitive positions

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9
Q

May a person in a nonsensitive position provide a voluntary substance test?

A

yes

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10
Q

Since a chemical test will not normally be part of the nonsensitive position investigation, it is essential that the supervisor’s final determination be based upon (3):

A

(1) Articulable facts;
(2) Close observation; and
(3) Good faith.

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11
Q

Supervisors 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 are precluded from taking

A

shall

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12
Q

Reasonable suspicion is the good faith belief based on (2):

A

(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 a violation

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13
Q

Reasonable suspicion exists only after the ___ ___ has also considered the facts and/or evidence and agrees that they constitute a finding of reasonable suspicion

A

confirming official

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14
Q

Reasonable suspicion must be based on __, ___ ___ and/or ___

A

specific, identifiable facts and/or evidence

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15
Q

It is incumbent upon the ___ to assess available facts and circumstances surrounding each event before determining that substance abuse may be the root cause.

A

supervisor

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16
Q

Any determination of reasonable suspicion should/shall/must be made in good faith.

A

must

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17
Q

It is incumbent upon the ___ to assess available facts and circumstances surrounding each event before determining that substance abuse may be the root cause

A

supervisor

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18
Q

If the ___ believes criminal violations(s) exist, a criminal investigation should be conducted prior to the
administrative investigation

A

supervisor

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19
Q

Furthermore, to preserve the integrity of any evidence gathered during a criminal investigation, the nature of the investigation should/shall be clearly explained to the employee, since participation in field sobriety tests, including the Preliminary Alcohol Screening device (PAS) test, is voluntary during a criminal investigation

A

should

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20
Q

true/false: For uniformed employees, evidence gathered during a criminal investigation can be used to support the administrative investigation; however, the administrative investigation cannot be used to support the criminal investigation.

A

true

21
Q

An occasion may arise when a departmental supervisor will receive an anonymous tip regarding an employee’s substance abuse. The following criteria shall apply when acting upon an anonymous tip (3):

A

(1) tips may be the basis for initiating 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) Whether or not a test is authorized, an internal investigation may be initiated if appropriate

22
Q

Depending upon the circumstances, information from a reliable informant alone “could” be the foundation for reasonable suspicion. Why?

A

CalHR requires that the informant be a peace officer who is willing to publicly testify on behalf of management

23
Q

The role of this confirming official shall be to (4):

A

(1) Consider the facts 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

24
Q

The purpose of substance testing is to determine ___
impairment rather than past behavior.

A

current

25
Q

Could information about an employee’s actions several weeks earlier establish reasonable suspicion?

A

no, not unless this information is coupled with some contemporary behavior or incident(s) involving the employee

26
Q

true/false: All alcohol testing will be conducted using evidential breath testing devices

A

true

27
Q

The CalHR rules provide for a urine/blood test as the primary means of determining whether or not an employee has abused drugs

A

urine

28
Q

Employees suspected of being under the combined influence of alcohol and a drug(s) are required to submit to:

A

both a urine and breath test

29
Q

Substance testing experts believe the best time to collect a sample is within ___ of the initial observation

A

two to four hours

30
Q

If transportation to an approved medical or custodial facility is necessary, who should transport the employee?

A

the supervisor who made the initial observation or another supervisor

31
Q

Uniformed employees should/shall be given the opportunity, under supervision, to change into civilian clothing before being transported to a collection site.

A

should

32
Q

true/false: If the supervisor does not collect the sample at the work location, then the urine sample may be collected by authorized medical or custodial personnel.

A

true, this individual must be of the same sex and will actually watch the urine leave the employee’s body

33
Q

Employees refusing to cooperate at any stage of the
collection process shall be ordered to cooperate and advised that failure to do so may subject them to disciplinary action for ___

A

insubordination

34
Q

Is the employee entitled to representation during any conversation with the MRO?

A

yes

35
Q

Will urine tests be tested for alcohol?

A

no, because employees are required to submit to both urine and breath tests

36
Q

Throughout the substance testing process, which may span several days, the supervisor’s actions should be guided by the following (4):

A

(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; and
(4) Employee rights and privacy

37
Q

The following criteria will apply after a substance test has been conducted or the employee refuses to submit to a test when directed (5):

A

(1) If a peace officer is involved, 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
(2) Supervisors shall ensure the employee is provided with a memorandum describing their rights and responsibilities regarding the outcome of the test
(3) Arrange to have the employee transported home.
(4) Employees who refuse transportation or cannot care for themselves shall remain at the office until arrangements can be made with family, friends, etc.
(5) If intoxication is so severe that it poses an immediate threat to others or to medical well-being, the employee should be transported to a custodial or
medical facility, as appropriate.

38
Q

Employees suspected of violating this policy should/shall be entitled to representation during any interrogative interviews that could lead to a decision to take adverse action against the employee

A

shall

39
Q

Employees should/shall be entitled to representation in any of their discussions with the Medical Review Officer (MRO) that occur subsequent to implementing this policy.

A

shall

40
Q

The employee should/shall receive a full copy of any test results

A

shall

41
Q

May an employee have the collected sample tested?

A

yes, at the employee’s request and expense

42
Q

If the affected employee has additional information for
the MRO to consider, it is the ____ responsibility to provide that information

A

employee’s

43
Q

It is possible that the urinalysis and/or discussions
between the MRO and employee could result in the identification of some other
medical condition not previously known to the Department and/or the employee. Should such a condition be revealed through the substance test, may the employee be directed to complete a fitness-for-duty examination?

A

yes, some of these conditions could jeopardize the employee’s continued employment,
since the Department has a responsibility to ensure public safety

44
Q

Should negative results be included in the employee’s personnel file?

A

should not

45
Q

The supervisor who made the initial determination of reasonable suspicion must prepare a Reasonable Suspicion Report using the CHP ___

A

202X

46
Q

After completing the report, the supervisor must sign the
document and submit it to the manager who approved the substance test who must review it for (2):

A

(1) It contains all necessary elements outlined in Annex A through Annex C of this chapter.
(2) It is an accurate representation of the circumstances (either witnessed personally by the confirming official or related by the supervisor) that led to the decision to authorize the substance test

47
Q

A ___ ___ ___ shall be completed whenever a determination of reasonable suspicion of workplace substance abuse leads to substance testing.

A

Reasonable Suspicion Report

48
Q

The following four elements are considered essential to a complete and comprehensive report:

A

(1) A detailed description of the incident and/or circumstances initiating the reasonable suspicion.
(2) The fact that substance abuse could not be ruled out after considering other possible causes, if any.
(3) Supporting evidence resulting from closer observation of the employee’s appearance and demeanor. This includes the results of any field sobriety tests, drug evaluations and/or medical screenings.
(4) Names of other supervisors, employees, or witnesses who can verify or support the reasonable suspicion.

49
Q

true/false: if the test results are negative, the Reasonable Suspicion Report must be completed, reviewed, and a copy provided to the employee.

A

true

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