HPM 9.2 - SUBSTANCE TESTING Flashcards
Who/what is required to substantiate reasonable suspicion?
A confirming official
(By phone is ok)
6 C’s are needed to ensure success of the program:
- Consistency (fair process)
- Confirmation (with supervisor)
- Collection (properly done)
- Chain of Custody (just like evidence)
- Control of Quality (testing lab)
- Contracts (Check contract)
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.
4th Amendment
Only employees in designated _______ positions are REQUIRED to take the test
Sensitive
Non-sensitive positions - Does the mandatory testing policy apply?
No. It’s voluntary only
A supervisor SHALL NOT elicit a test from an employee in a _________ position.
Non-Sensitive
Does the employee have to be told who the informant was and what was said to establish reasonable suspicion?
Yes
How many millimeters of urine are needed for the sample?
Collect sample within _____ hours after initial observation.
60 mm (2 ounces)
Within 2-4 hours
Notify OIA (Office of Internal Affairs) within ___ hours of sample collection.
48 hours
CHP 202X - Prepared by supervisor and submitted within __ hours.
48 hours
All employees, except _______, are entitled to POBR rights.
Except Cadets
Is an employee representative allowed during collection of sample?
No.
Representative is only afforded during the interrogation.
Employee shall be placed on ________ for remainder of shift after sample is collected and results are pending.
Dock time
If only alcohol was tested for and suspected, they should be allowed to return to work __________
The next day.
Employee should be driven home
If on the following day, they are still not allowed at work or had refused the test, they should be placed on ______
ATO - Admin time off
CHP 202X shall not / shall be retained in employee’s personnel folder?
Shall NOT
Positive test results will be kept in AA file for ___ years.
5 years
Positive test results will be kept in AA file for ___ years.
5 years
A negative test will be kept separate from employee’s file for __ years unless they request it incorporated into their jacket
5 years
Considerations for substance abuse cases with non-sensitive employees?
- Adverse Action
- EAP
- MOU - check it
(Since testing is voluntary - Consider articulable facts, close observations, good faith, etc)
They are NOT compelled to submit a test.
Positive BA for the purposes of substance testing is ____%. Regardless, any detectable level of alcohol is prohibited.
.04%
Is an anonymous tip, alone, sufficient to order a substance test?
No, must have facts/evidence to support conclusion
Only peace officers can be used as informants.
Negative samples - stored at lab for __ weeks then destroyed
3 weeks
Positive samples - Stored at ___ degrees centigrade or lower for one year. Upon notification of challenge, the sample will be retained indefinitely
-20 degrees
Employers need to advise _________ of the administrative steps of the substance test to comply.
the employee
Employees who have violated the substance abuse policy may be subject to ____________.
Periodic testing, which may not be longer than 1 year.
Periodic testing, as stipulated in an AA, (Shall / Shall Not) be granted for abuse of drugs
Shall Not
Only for alcohol.
If an employee takes a voluntary test, the supervisor is to ensure that the employee does what?
Employee should sign something indicating the test was voluntary.
No promises of _________ will be offered to an employee agreeing to or refusing a test.
No promises of leniency or favor
Who is responsible for collecting and documenting reasonable suspicion reports?
Supervisors
__________ and refusal to a chemical test will be key in the AA
Articulate observations
Can any supervisor or employee advise another employee of the EAP?
Yes
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?)
Yes, still required. Follow steps in 10.2 (Investigation Manual) and 10.4 (Citizens Complaint Manual)
If a supervisor believes criminal charges will come as a result of the reasonable suspicion, take care of the ______ violation before any ______ procedure.
Criminal violation before any Administrative procedure
What is a reasonable suspicion report? (Form)
CHP 202X (within 48 hours)
A supervisor should use other supervisors who have skills in DRE, PAS, etc. when completing the ________
CHP 202X - Reasonable suspicion report
The _____ test shall be the required test for alcohol. The ______ test will be used for drugs/alcohol.
Breath test for alcohol.
Urine test for drugs/alcohol.
An employee should be allowed to change into _______ for a test.
Civilian clothes
Test may be given at the office, but should be _______________
Away from other employees
After collecting the sample, the supervisor is to arrange with a designated courier to transport the sample to _______________
a DPA contract testing facility
If employee refuses to cooperate or provide a sample - advise them that a refusal can result in ______________________
Insubordination and disciplinary action.
Test results will usually be available in _____ days and results will be communicated to the ___________ who will contact the command with the results.
1-2 days
MRO - Medical Review Officer
MRO - Medical Review Officer will telephone the test results to the sergeant and to who?
the employee
Take the employees ___________ since their peace officer powers may be suspended. Arrange for employee to be ___________
Weapon and duty belt.
Driven home
Supervisor is to give the employee a _____ on what to expect from the substance testing and future issues.
Memo
Peace officer powers and secondary employment are suspended pending _________ & _________.
Sample results / Investigation results
Immediately surrender all state property if investigation involves _______
Drugs
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?
The employee or their rep
A supervisor MAY / MAY NOT act as a liaison between the MRO and the employee in discussions of a positive test.
May
It is the __________’s responsibility to provide info about a positive test to the MRO
the employee
If other medical issues arise during review by the MRO, does the department have the right to order a fitness for duty exam?
Yes they do
The supervisor making the reasonable suspicion report shall document the information on a 202X with “_________” written on the top portion.
“Confidential”
What amendment provides protection to employees’ right to DUE PROCESS?
14th Amendment
What amendment provides protection against SELF-INCRIMINATION?
5th Amendment
5th Amendment right against self-incrimination still apply ONLY to ______________ evidence.
Testimonial
Not the test itself
Cadets are considered SENSITIVE or NON-SENSITIVE positions
Sensitive
Auto-Techs are considered SENSITIVE or NON-SENSITIVE positions
Sensitive
Gunsmiths are considered SENSITIVE or NON-SENSITIVE positions.
Sensitive
The Reasonable Suspicion Report (within 48 hours) is a good faith belief based on ______________________ of substance abuse.
Specific articulable facts
Then related to a confirming official
Reasonable suspicion report - submit within _____ hours
48 hours
