HPM 9.2 Substance Testing Manual Flashcards
Not all classifications or positions are subject to substance testing. Only individuals in positions designated as “Sensitive Position” by the commissioner. Which of the options below is not considered a “Sensitive Position.”
A. All peace officers
B. All cadets
C. Gunsmith
D. CHP senior volunteer
D. CHP Senior Volunteer
For the Substance test to be effective, each supervisor must ensure the following except:
A. Reasonable suspicion is supported by the proper documentation
B. The Sample is properly collected
C. The employee’s rights were not violated
D. The employee’s attorney was present to observe the sample testing was done correctly.
D. The employee’s attorney was present to observe the sample testing was done correctly.
There are _________ elements to ensure the effectiveness of the substance testing program and the departments ability to justify its actions and demonstrate a proper application of policy.
A. 4
B. 8
C. 6
D.12
C. 6
The 14th admendment:
A. Self-incrimination
B. Unreasonable search and seizure
C. Due process
D. Freedom to protest
C. Due process
___________ sections 3300-3312 are part of POBR that was added to the list of legal consideration when conducting substance abuse investigations.
A. Officer of Internal Affairs
B. Government code
C. California Code of Regulations
D. California Labor Code
B. Government code
A uniform employee is subject to a substance test investigation (drugs). The substance test has been conducted and/or the employee refuses to submit to a test when directed. The employees Peace Officer powers will be:
A. Employee will be immediately terminated.
B. Peace officer powers will be suspended along with any other secondary employment request.
C. Employee will maintain Peace Officer powers pending the results of the drug test.
D. Employee will maintain Peace Officer powers and return to full duty the following day when completely sober.
B. Peace Officer powers will be suspended along with any other secondary employment request.
A uniformed employee is subject to a substance test investigation (Only alcohol is suspected). The substance test has been conducted. The employees Peace Officer powers will:
A. Employee will immediately terminated
B. Peace officer powers will be suspended along with any other secondary employment request.
C. Employee will maintain Peace Officer powers pending the results of the test.
D. Employee will maintain Peace Officer powers and may return to work the following day if completely sober/recovered.
D. Employee will maintain Peace Officer powers and may return to work the following day if completely sober/recovered.
After a positive test from an officer, ____________, through chain of comando, should be consulted for guidance.
A. OIG- Office of Inspector General
B. Commissioners Office
C. OIA- Office of Internal Affairs
D. RMS-Risk Management Section
C. OIA-Office of Internal Affairs.
What is an MRO and what are some of their roles and responsibilities?
A. Medical Review Officer, Reviews the results and determines if proper procedures were followed, Interviews the affected employee to determine if other factors may have caused the result, considers any assertion by the affected employee of irregularities in the sample collection and testing process and provide a written explanation of the test results to the Commissioner of designee.
B. Medical Review Officer, Reviews the results and determines if proper procedures were followed, Interviews the affected employee to determine if other factors may have caused the result, considers any assertion by the affected employee of irregularities in the sample collection and testing process and admonishes the employee of POBR.
C. Medicinal Rep. Officiant, Reviews the results and determines if proper procedures were followed, admonishes the employee of POBR and considers criminal charges.
D. Mediator and Representation of Managers, Consultation of employee during the drug testing process.
A. Medical Review Officer, Reviews the results and determines if proper procedures were followed, Interviews the affected employee to determine if other factors may have caused the result, considers any assertion by the affected employee of irregularities in the sample collection and testing process and provide a written explanation of the test results to the Commissioner of designee.
Uniformed employee__________be returned to full duty if tests are negative and there is no other action contemplated. Dock shall be adjusted to paid status.
A. Should
B. Shall
C. May
D. Could
Departmental policy does not mitigate the rights guaranteed to employees under the Public Safety Officers Procedural Bill of Rights (POBR) or MOU. The POBR have been extended to all members of the department, except cadets.
A. True
B. False
B. True
An Officer was subject to a substance test investigation. Upon learning of such test, the Officer invoked his 5th amendment right against self-incrimination and refused to submit to the drug test. Does the 5th amendment apply in this situation?
A. Yes, the officer can exercise his/her right to self incrimination. By providing a urine sample he will be incriminating himself and will face disciplinary action and/or criminal charges.
B. No, the protections afforded by this constitutional amendment do not apply to chemical test. The right not to self-incriminate is implicated only by testimonial or communicative evidence.
C. Yes. The senior officer is very knowledgeable of his constitutional rights and replies “ I plead the 5th”.
D. Yes, the 5th amendment applies to any and all situations. It is not limited to administrative proceedings.
B. No, the protections afforded by this constitutional amendment do not apply to chemical test. The right not to self-incriminate is implicated only by testimonial or communicative evidence.
POBR provides protections and defines specific rights for person employed in public safety positions throughout California. What does the acronym POBR stand for?
A. Police Officers Bill of Rights Act
B. Public Safety Officers Procedural Bill of Rights Act.
C. Peace Officers Bill of Rights Act
D. Police Only Bill of Rights Act.
B. Public Safety Officers Procedural Bill of Rights Act.
There is NOTHING in CalHR rules that precludes an employee from voluntary submitting to a substance test after involved in a significant incident (i.e. combact shooting, major T/C)
A. True
B. False
A. True
Sgt. Cash is conducting a reasonable suspicion investigation on Officer Joe Shmo. Sgt. Cash must be cognizant of the possibility a criminal violation (s) may be also occurring (H&S 11377, H&S 11350, VC 23152, etc). If this is the case, what investigation should be conducted first? Can evidence obtained in the administrative investigation be used in the criminal investigation?
A. A Criminal investigation should be conducted prior to the administrative investigation. No, evidence gathered during an administrative investigation cannot be used in the criminal investigation.
B. An administrative investigation SHALL be conducted first. Yes, all evidence gathered during the administrative investigation can/will be used in a criminal investigation.
C. A criminal investigation supersedes an administrative investigation. Yes, all evidence gathered in the investigation can be used in a criminal investigation.
D. An administrative investigation SHOULD be conducted first. No, evidence gathered during an administrative investigation cannot be used in the criminal investigation.
A. A Criminal investigation should be conducted prior to the administrative investigation. No, evidence gathered during an administrative investigation cannot be used in the criminal investigation.
