HPM 9.2 - SUBSTANCE TESTING MANUAL Flashcards by Christopher Smith

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

The first-line ______ plays the most important role in any successful substance testing program. Supervisors generally have the routine, daily contact with the employee for the purpose of directing and evaluating performance; therefore, the supervisor is in the best position to assess any changes in an employee’s job ______, ______, and/or ______.

Supervisor

Performance

Behavior

Appearance

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

______ are the main defense in maintaining a drug-free workplace. When a problem arises, it is their responsibility to ______ the situation and ______ the proper action, including substance testing.

Supervisors

Confront

Initiate

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

For a substance test to be effective, each supervisor must ensure the following steps are adhered to, or the test could be challenged.

Reasonable suspicion is supported by proper ______.
The ______ is properly collected.
The chain of ______ is maintained.
The employee’s ______ are not violated.

Documentation

Sample

Custody

Rights

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

Liability arises when it can be shown a supervisor ______ failed to supervise subordinates appropriately, and the negligence resulted in an ______ to a coworker and/or the public.

Negligently

Injury

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

Since the potential for such liability clearly exists, departmental supervisors must act ______ and ______ when dealing with employees whom they suspect are abusing ______ and/or ______.

Quickly and Reasonably

Alcohol

Drugs

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

In the area of substance abuse, the Department can be criticized for ______ as well as ______ action.

Inaction

Inappropriate

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

Even if there is no indication of negligent supervision, the Department could still be held ______ liable because of a ______ act by its employees.

Vicariously

Questionable

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

The state’s substance testing policy requires the involvement of specified managers in all substance tests, as a ______ official, before any sample can be collected.

Confirming Official

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

While supervisors and managers have specific roles in the substance testing process, all departmental employees (MAY / SHOULD / SHALL) alert a supervisor to indications that another employee is involved in substance abuse.

SHALL

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

Frequently, courts are holding employers directly responsible for retaining “______” employees.

Dangerous

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

Therefore, supervisors must be attentive regarding any signs of substance abuse. Failure to act in a reasonable manner when such information comes to a supervisor’s attention, or could have come to a supervisor’s attention, exposes the Department to liability. Liability can also arise from an act of deliberate ______ on the part of a supervisor.

Indifference

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

The following elements are critical if the program is to be successful:

The Six (6) C’s

Consistency

Confirmation

Collection of Sample

Chain of Custody

Control of Quality

Contracts

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

Consistency: The Department must consistently apply all aspects of the program. Decisions to test must be made based solely upon facts and/or evidence, rather than ______ or groundless ______. Additionally, whenever the test process is administered, it must be done in the ______ ______ each time following an established set of procedures. Deviation from established procedures could ______ the test.

Hunches

Suspicions

Sam Manner

Jeopardize

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

Confirmation: Before any sample is obtained, the supervisor’s foundation for reasonable suspicion must be approved by a specified departmental ______.

This approval may be given by ______ if a manager is not on scene and immediately available.

Manager (Usually a Lieutenant)

Telephone

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

Collection of Sample: Before any action can be taken against an employee for substance abuse, a sample must be properly ______ and ______. After the test, the Department must be able to testify to the fact the sample is ______. Since the advent (Beginning) of substance abuse testing, many techniques have been developed by employees to “______” the test or to render the sample useless by ______.

Collected and Analyzed

Unadulterated

Beat

Contamination

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

Chain of Custody: To avoid countercharges of sample ______, a concise ______ of ______ must be established and followed. Therefore, the number of persons handling any samples must be ______ and those handling samples (and their reasons for doing so) must be carefully ______.

Tampering

Chain of Custody

Limited

Documented

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

Control of Quality: The Department must ensure the contracting laboratory meets accepted ______ ______ and each sample is properly handled and tested. The quality of the testing procedure will be continually ______ to ensure accuracy. Additionally, the laboratory must have qualified personnel who can testify not only to the scientific techniques used and their accuracy, but also to the steps taken to maintain sample ______.

Scientific Standards

Audited

Integrity

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 1 SUBSTANCE ABUSE AND THE SUPERVISOR’S/MANAGER’S ROLE

Contracts: Supervisors must be mindful of the different ______ of ______ (MOU) and, as such, refer to the specific contract covering the involved employee(s). When an MOU conflicts with the Department of Personnel Administration rules, the ______ shall take precedence.

Memoranda of Understanding

MOU

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 2

DELETED BY THE OFFICE OF PRIMARY INTEREST

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 3 CALIFORNIA DEPT. OF HUMAN RESOURCES POLICY

On September 24, 1986, Governor Deukmejian issued Executive Order D-58-86 directing (CalHR) to develop “…policies and guidelines designed to achieve a drug-free state workplace, while protecting the privacy and with due regard for the constitutional rights of state employees.”

INFO ONLY

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 3 CALIFORNIA DEPT. OF HUMAN RESOURCES POLICY

In response to this charge, CalHR developed Sections 599.960-599.966 in Title 2 of the California Code of Regulations (CCR 599.960- 599.966). These rules constitute CalHR’s current policy on substance abuse and testing.

INFO ONLY

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 3 CALIFORNIA DEPT. OF HUMAN RESOURCES POLICY

Alcohol or drug use in the workplace is not a required prerequisite for:

______ actions.
______ Assistance Program.
______ examination.

Adverse

Assistance

Medical

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 3 CALIFORNIA DEPT. OF HUMAN RESOURCES POLICY

No state employee who is ______-duty or on ______ for duty shall use, posses, or be under the influence of illegal or unauthorized drugs, or other mind-altering substances, or be under the influence of ______ amount of alcohol that would impede them from performing their duties safely and effectively.

On-Duty

Standby

Any

Standby – Designated to be on standby and must be available to respond to an incident (Planned Protests, Special Events, Natural Disasters) within a specified period of time.

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 3 CALIFORNIA DEPT. OF HUMAN RESOURCES POLICY

Sensitive Positions: Only employees serving in ______ positions shall be subject to substance testing when there is ______ suspicion to believe the employee has violated the above rules (No state employee…on duty or on standby…).

Sensitive

Reasonable

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HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 3 CALIFORNIA DEPT. OF HUMAN RESOURCES POLICY Legal Prescriptions: No employee shall attempt to perform duties which, because of ______ taken due to a legal prescription, cannot be performed without posing a threat to the health and safety of the employee or others. Employees who are so restricted may be subject to: ______, ______ examination, or Other ______ specified by applicable statutes and regulations.

Drugs Prescription Threat Reassignment Medical Actions

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 3 CALIFORNIA DEPT. OF HUMAN RESOURCES POLICY Employees must report any known ______ condition which might reasonably be expected to adversely affect job performance, including the use of ______ or ______.

Physical Drugs or Medication

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 3 CALIFORNIA DEPT. OF HUMAN RESOURCES POLICY Drugs taken in excess of amounts prescribed would be considered "______" and subject the employee to ______ as authorized in the above rules (No state employee…on duty or on standby…).

Unauthorized Testing

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 3 CALIFORNIA DEPT. OF HUMAN RESOURCES POLICY Supervisors and managers are reminded to review applicable ______s to ensure substance testing is being properly administered. If a conflict exists between these rules and a negotiated MOU, the ______ is controlling.

MOUs MOU

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 3 CALIFORNIA DEPT. OF HUMAN RESOURCES POLICY Voluntary Testing: There is nothing in CalHR rules which precludes an employee from ______ submitting to a substance test after being involved in a significant incident (e.g., combat shooting, major traffic collision) for the purpose of establishing the employee’s ______ at the time of the incident as protection in the event of future ______.

Voluntarily Sobriety Litigation

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 3 CALIFORNIA DEPT. OF HUMAN RESOURCES POLICY While an employee may ______ for a test or a supervisor may ______ a test, no action can be taken against the employee for not participating in a test unless there is ______ ______ of substance abuse.

Ask Suggest Reasonable Suspicion

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 3 CALIFORNIA DEPT. OF HUMAN RESOURCES POLICY In this voluntary situation, an employee's decision not to be tested shall not be documented as a ______, since it is the employee's ______.

Refusal Option

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 3 CALIFORNIA DEPT. OF HUMAN RESOURCES POLICY If the employee requests such a test, the Department (WILL / WILL NOT pay for it.

WILL

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 3 CALIFORNIA DEPT. OF HUMAN RESOURCES POLICY In accordance with the Code of Federal Regulations, Title 49, Part 40, Subpart B, Section 40.27, employees (SHALL / SHALL NOT) be required to sign a consent, release, waiver of liability, or indemnification agreement with respect to ______ part of the drug or alcohol testing process.

SHALL NOT Any

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 3 CALIFORNIA DEPT. OF HUMAN RESOURCES POLICY Furthermore, the employee must not be offered ______ management actions (e.g., discontinuing an investigation) as an inducement to ______ for a test.

Favorable Volunteer

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 3 CALIFORNIA DEPT. OF HUMAN RESOURCES POLICY An employee's decision not to volunteer for a test shall not lead to unfavorable management ______, ______, or ______. See Chapter 11, Documentation, for voluntary testing procedures.

Actions Conclusions Documentation

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 4 SENSITIVE POSITIONS Only those in positions designated as "______" by the ______ may be tested according to the provisions as stated in this manual.

Sensitive Commissioner

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 4 SENSITIVE POSITIONS For the purposes of substance abuse testing, a sensitive position is defined as any ______ ______ as identified in Section ______ of the Penal Code and any other position in which ______ or ______ affected performance could clearly endanger the health and safety of others.

Peace Officer Section 830 Drug or Alcohol

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 4 SENSITIVE POSITIONS All of the following general characteristics must be present in the non-peace officer positions for them to be designated sensitive. Three (3) things. Duties involve a greater than normal level of ______, responsibility for or impact on the health and safety of others; and Errors in ______, ______ or diminished ______, ______ or ______ while performing duties could clearly result in mistakes that would endanger the health and safety of others; and Employees in these positions work with such ______ or perform such tasks that it cannot be safely ______ that mistakes such as those described in paragraph 2.a.(2) above could be prevented by a ______ or other departmental ______.

1) Trust 2) Judgment / Inattentiveness / Coordination / Dexterity / Composure 3) Independence / Assumed / Supervisor / Employee

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 4 SENSITIVE POSITIONS ***SENSITIVE POSITIONS*** ***INFO ONLY*** ***These employees, or their exclusive representative, sign a Receipt and Acknowledgment form and a copy is placed in their field folders.***

o All peace officers. o All cadets. o Automobile Mechanic. o Automotive Technician series. o Commercial Vehicle Inspection Specialist I and II. o Public Safety Dispatcher and Public Safety Operator. o Public Safety Dispatch Supervisor I and II. o Gunsmith. o Heavy Truck Driver. o Lead Automobile Mechanic. o Lead Motorcycle Mechanic. o Motor Carrier Specialist I, II and III. o Motorcycle Mechanic. o School Pupil Transportation Safety Coordinator.

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 4 SENSITIVE POSITIONS New Employees. Once a position is designated sensitive, all appointees to that position must be informed and made aware of the CalHR substance abuse rules. This shall be accomplished through the following means: Uniformed - All departmental cadets shall be advised during the initial portion of their ______ training period of the designation and provided a copy of the CalHR rules. They will ______ and ______ a Receipt and Acknowledgment form. The form will also be signed on the witness line by the person providing the information. Non-uniformed - All non-uniformed employees in sensitive positions shall be advised of the designation and provided a copy of the CalHR rules by their commander as part of the ______-______ process. They will ______ and ______ a Receipt and Acknowledgment form. The form will also be signed on the witness line by the person providing the information. The original copy of the completed Receipt and Acknowledgment form will then be forwarded to ______ ______ Section, ______ ______ Unit for inclusion into the employee's permanent personnel file and a copy placed in the employee's field folder. Both of these documents are retained until the employee permanently ______ from the Department.

Uniformed: Academy / Sign and Date Non-uniformed: Pre-Employment / Sign and Date Human Resources Section, Personnel Files Unit Separates

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 5 NONSENSITIVE POSITIONS The California Department of Human Resources rules (DO / DO NOT) permit the mandated substance testing of persons in nonsensitive positions.

DO NOT

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 5 NONSENSITIVE POSITIONS There is nothing in the rule which precludes a nonsensitive employee from ______ submitting to a substance test. Such a test will be limited to instances where the Department receives an ______ request for a test from a nonsensitive employee. Commanders are not precluded from taking action against a nonsensitive employee suspected of substance abuse. Rather, the rule only prevents the collection of an ______ sample, even if reasonable suspicion is established.

Voluntarily Unsolicited Involuntary ***The employee cannot be ordered to submit to a chemical test.***

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 5 NONSENSITIVE POSITIONS Should a supervisor suspect on-duty substance abuse or intoxication of an employee in a nonsensitive position, prompt ______ is still required.

Action

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 5 NONSENSITIVE POSITIONS The employee cannot be ______ to submit to a chemical test.

Ordered

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 5 NONSENSITIVE POSITIONS There is a need for a thorough ______ (Per HPM 10.2) into the ______ / ______ which led to the suspicion of substance abuse.

Investigation Actions / Circumstances

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 5 NONSENSITIVE POSITIONS Supervisors shall not attempt to ______ a chemical test from an employee whose position has been designated as “non-sensitive.”

Elicit

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 5 NONSENSITIVE POSITIONS If a complaint from a ______ leads to the suspicion of substance abuse, the complaint should be investigated consistent with HPM ______

Citizen HPM 10.4 – Citizens' Complaint Investigations.

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 5 NONSENSITIVE POSITIONS Supervisors who suspect substance abuse by nonsensitive employees are encouraged to support their observations using the same ______ used to establish ______ ______ for sensitive positions.

Criteria Reasonable Suspicion

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 5 NONSENSITIVE POSITIONS Since a chemical test will not normally be part of the investigation, it is essential that the supervisor’s final determination be based upon: Articulable ______ Close ______; and Good ______.

Facts Observation Faith

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 5 NONSENSITIVE POSITIONS Circumstances, observations, and/or witness statements leading to a determination of substance abuse shall be documented using the ______ ______ ______ format. This report will then be included as an ______ in the final request for ______ action.

Reasonable Suspicion Report - CHP 202X, Workplace Substance Abuse Investigation/Voluntary Testing Report Exhibit Adverse

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 5 NONSENSITIVE POSITIONS ______ action should be sought when there is a determination of substance abuse.

Adverse Action

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 5 NONSENSITIVE POSITIONS Employee Assistance Programs: The Department recognizes that many behavioral and personal problems can be successfully treated if early ______ is made, and appropriate ______ is obtained.

Identification Help

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 5 NONSENSITIVE POSITIONS Employees have access to prepaid professional ______ services for a variety of personal problems. Any person, including a ______, may make these services known to the employee. (Refer to HPM 10.5, Employee Assistance Manual, Chapter 3, Employee Substance Abuse Program.)

Counseling Supervisor

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 5 NONSENSITIVE POSITIONS Memoranda of Understanding: Supervisors shall review the applicable ______ when dealing with a nonsensitive employee whom they suspect of substance abuse to determine if there is additional ______ they must take or are ______ from taking.

MOU Action Precluded

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Employee testing has been repeatedly ______ by the courts where there is ______ ______ to believe the employee was impaired.

Upheld Reasonable Suspicion

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Reasonable suspicion is the ______ ______ belief based on: Specific articulable ______ or ______ that an employee may have violated the substance abuse policy; and Substance ______ could reveal evidence in support of a violation.

Good Faith Facts or Evidence Testing

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Reasonable suspicion exists only after the ______ ______, or a designee (confirming official) has also considered the facts and/or evidence and ______ that they constitute a finding of reasonable suspicion.

Appointing Power Agrees

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Good Faith: Any determination of reasonable suspicion must be made in good ______. It cannot be made with ______, personal ______ or as an act of ______. Both the supervisor and the confirming official must ______ and ______ evaluate the facts and/or evidence before arriving at the conclusion that reasonable suspicion exists as a basis for substance testing.

Faith Malice Motive Reprisal Honestly and Critically

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Articulable Facts: Reasonable suspicion must be based on specific, identifiable facts and/or evidence. It cannot be based on ______, ______ or "______ feelings."

Hunches Intuition "Gut Feelings."

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Initial Suspicion. Reasonable suspicion is typically triggered by something that is ______ about the employee's behavior which attracts the supervisor's attention. This can include such things as: An industrial ______. Unusual ______ or ______. Atypical ______. Abnormal work ______.

Abnormal Accident Demeanor or Appearance Behavior Performance

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Substance abuse is by no means the only cause for unusual events or behavior in the workplace. An accident can be caused by ______, atypical behavior can be the result of ______, and physical symptoms can be caused by legitimate ______ problems. It is incumbent upon the supervisor to assess available facts and circumstances surrounding each event before determining that substance abuse may be the ______ cause.

Inexperience Stress Medical Root

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION If the supervisor believes criminal violations(s) exist, a criminal investigation should be conducted ______ ______ the administrative investigation.

Prior To

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Every effort should be made to maintain a ______ between the criminal and administrative investigations.

Separation

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION To preserve the integrity of any evidence gathered during a criminal investigation, the nature of the investigation should be clearly ______ to the employee, since participation in field sobriety tests, including the Preliminary Alcohol Screening device (PAS) test, is ______ during a criminal investigation.

Explained Voluntary

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION After the criminal investigation is ______, the administrative investigation can be started. For uniformed employees, evidence gathered during a criminal investigation (CAN / CANNOT) be used to support the administrative investigation.

Completed CAN BE ***Can't use information from the Administrative Investigation for the Criminal Investigation.***

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION The administrative investigation (CAN / CANNOT) be used to support the criminal investigation.

CANNOT

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Per California Labor Code Section 432.7, criminal arrest/investigation reports involving non-uniformed employees (MAY / MAY NOT) be used to support an administrative investigation unless the incident described in the report resulted in a ______. In these instances, administrative investigators may conduct interviews of criminal investigators to gather evidence in support of the administrative investigation.

Section 432.7 MAY NOT Conviction ***Non-uniformed must be criminally CONVICTED for information in a criminal investigation to be used in an Administrative Investigation.***

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Supervisors should realize FSTs have ______ value when establishing reasonable suspicion because they were developed to identify someone who is too intoxicated to ______.

Limited Drive

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION A positive test will result from a blood alcohol level of .0______ percent for substance ______ versus the.0______ percent for ______ under the influence.

.04 Percent Testing .08 Percent Driving

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Supervisors must remember, however, that any ______ level of alcohol is ______ by the statement of ______ and ______ Activities. (HPM 10.3 - CHAPTER 14 Inconsistent and Incompatible Activities)

Detected Prohibited Inconsistent and Incompatible

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Use of the PAS device to establish reasonable suspicion (IS / IS NOT) authorized.

IS NOT

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION If reasonable suspicion is established, any subsequent chemical tests must still be administered using a breath alcohol analyzing ______ which meets the ______ Department of ______ Services standard.

Instrument State Department of Health Services

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Non-uniformed supervisors should seek the assistance of a uniformed supervisor to corroborate ______ ______, whenever possible. In any situation, a second ______ will help to ensure all factors are considered and put into proper perspective. A second opinion will also strengthen the state's case in any potential ______ or ______.

Reasonable Suspicion Opinion Appeal or Litigation

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Substance Abuse Investigation Interview. If the Substance Abuse Investigation Interview is conducted, the supervisor should keep in mind the employee’s rights under the ______ ______ _______ _______ ______ of ______ Act (POBR).

Public Safety Officers Procedural Bill of Rights Act

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Only those questions pertaining to the employee’s possible need for ______ attention should be asked. ***MEDICAL RULE OUT***

Medical Attention

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Deviation from this could lead to ______ questions being asked, resulting in a possible violation of POBR.

Incriminating

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION o Examples of questions which may be acceptable are listed below: Are you sick or injured? Do you have a medical condition which may be causing the impairment? When did you last sleep? Eat? Did you bump your head? Are you currently under the care of a doctor or dentist? Have you taken any medication or drugs? Effects felt?

***INFO ONLY*** ***THINK DUI QUESTIONS***

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Anonymous Tip: 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 a credible anonymous tip: Initiate closer ______ of the employee to determine if other articulable ______ or ______ exist which establish ______ ______. 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 / IS NOT) sufficient to order a substance test. Whether or not a test is authorized, an internal investigation (MAY / MAY NOT) be initiated per HPM 10.4, Citizens' Complaint Investigations, and/or HPM 10.2 if appropriate.

Observation / Facts or Evidence / Reasonable Suspicion IS NOT MAY

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Reliable Informant: A supervisor might also receive information regarding substance abuse from a reliable informant. CalHR requires that the informant be a ______ ______ who is willing to publicly ______ on behalf of ______, should that become necessary. CalHR also requires that the employee in question be told who the informant ______, what the informant ______, and be given an opportunity to ______ to this as part of the determination of reasonable suspicion. Depending upon the circumstances, information from a reliable informant alone (COULD / COULD NOT) be the foundation for reasonable suspicion. Supervisors must be extremely ______ when basing reasonable suspicion on information of this nature.

Peace Officer / Testify / Management Is / Said / Respond COULD BE Careful

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Confirming Official: The CalHR requires that each initial determination made by a supervisor be approved by the ______ or the Commissioner’s designee. For the purposes of the Department's substance testing program, this confirming ______ will be the first designated ______ in the supervisor's ______ of ______.

Commissioner Official Manager Chain of Command

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION In the event the aforementioned manager is unavailable, the chain of command (SHOULD / SHALL) be followed until another manager is contacted to ______ as the confirming official.

SHALL Act

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION In no event shall the confirming official be the suspected employee's immediate ______ or the person who made the initial ______ leading to reasonable suspicion.

Supervisor Observation

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION The role of this confirming official shall be to: Consider the ______ and/or ______ and agree ______ or ______ they support reasonable suspicion. Ensure accurate and proper ______ of the ______. Provide ______ and ______; and Authorize the ______ ______.

Facts and/or Evidence / Whether or Not Application of the Rules Guidance and Direction Substance Test

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION Reasonable suspicion must be accompanied by the ______ that substance testing could ______ evidence of drug and/or alcohol use.

Belief Reveal

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 6 REASONABLE SUSPICION The purpose of substance testing is to determine current ______ rather than past ______. Therefore, information about an employee's actions several weeks earlier alone (WOULD / WOULD NOT) establish reasonable suspicion under these rules.

Impairment Behavior WOULD NOT

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Breath. For alcohol only using evidential breath testing ______. Urine is no longer collected for alcohol.

Devices

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Supervisors shall use the breathalyzer when only ______ abuse is suspected. If the breathalyzer results are .00/.00% Blood Alcohol Content, a ______ test should be secured to determine the cause of impairment.

Alcohol Urinalysis

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Urine: CalHR rules provide for a urine test as the ______ means of determining whether or not an employee has abused ______.

Primary Drugs

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Urine testing is the most widely used method in substance testing today. The following are some of the reasons for its popularity: It is less ______ than blood testing since it does not require ______ from the body. The sample can be collected by non-______ personnel. Individuals using drugs will test positive for the ______ period of time on a ______ test.

Intrusive / Extraction Non-Medical Longest / Urine

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Employees suspected of being under the combined influence of alcohol and a drug(s) are required to submit to both a ______ and ______ test.

Urine and Breath

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Preservation: Once out of the body, urine is subject to ______. This requires that the sample be handled in a timely manner and ultimately ______ after the necessary tests have been completed.

Decomposition Frozen

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Sample collection must occur in a setting which provides for a ______ and ______ collection process.

Secure and Professional

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Collection may be conducted at the ______ location or any approved ______ or ______ facility by authorized ______.

Work Medical Custodial Personnel

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS The supervisor/confirming official should carefully consider the following before deciding where the sample will be collected: Sex of the employee and availability of a supervisor of the ______ sex to collect the sample. Some Memoranda of Understanding prohibit the collection of a sample by the employee's ______; and A ______ test will be administered for an employee who is suspected of abusing alcohol.

Same Supervisor Breath

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Observation: From the moment reasonable suspicion is ______ until the time a sample is ______, the employee should remain under continual supervisory ______.

Developed Provided Observation

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS The employee should not be allowed to go to a ______, ______, or ______ without supervision.

Car Locker Desk

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS The employee should not be allowed to void his or her ______ until the sample is collected.

Bladder

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS When warned that they will be tested, employees have been known to drink large quantities of ______ or ingest other substances to either ______ or ______ the urine sample.

Liquids Dilute or Contaminate

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Some employees have also hidden substances on their person, such as ______ flakes under the ______, which they later put into the sample to contaminate it.

Soap Flakes Fingernails

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS In some instances, employees have even provided "______" urine samples from rubber or plastic ______ which they had ______ to their bodies.

Clean Bladders Strapped

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Time Frames: Substance testing experts believe the best time to collect a sample is within ______ to ______ hours of the initial ______.

Two (2) to Four (4) Observation

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS If an employee who uses marijuana sporadically was to be tested while ______, the test most likely would come back negative for marijuana since the drug did not have time to ______.

Intoxicated Metabolize

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Sample Collection at Work Location. If the supervisor decides to collect the sample, it must be done in an atmosphere of ______ and reasonable ______.

Dignity Privacy

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS The office restroom (COULD / COULD NOT) be used in this situation as long as the sample is provided under the supervisor's ______ observation with some arrangement so that other employees cannot ______ during collection of the sample.

COULD Direct Enter

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Before collecting the sample, the supervisor shall: o Obtain a sample ______ provided by the Department o Open the plastic ______ and locate the checklist form (Annex A) o Ensure all required ______ are included o Read the instructions on the ______ o Fill out chain of ______ form and seal o Collect the sample in the ______ provided in the kit o Ensure at least ______ milliliters (approximately ______ fluid ounces) of urine is collected (to be split into ______ containers after collected) o Secure the sample in a locked evidence ______ o Make arrangements with the designated ______ service to have the sample transported to the ______. o Notify the Office of ______ ______ (Attention: ______ ______ Coordinator) of the sample collection.

Kit Bag Items Checklist Custody Container 60 / (Approximately Two (2) Fluid Ounces) / Two (2) Locker Courier / Laboratory Office of Internal Affairs / Substance Testing Coordinator

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS A ______ waiting period should be allowed for the employee to provide the sample. After a reasonable period of time the employee is still unable to provide a sample, this will be treated as a ______, which constitutes a presumption of ______.

Reasonable Refusal / Impairment

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Employees (ARE / ARE NOT) permitted to drink water for the purpose of aiding them in providing a sample, so long as it is ______.

ARE Supervised

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Transportation: If transportation is necessary, the ______ who made the initial observation and developed the reasonable suspicion should personally ______ the employee to an approved ______ or ______ facility. If this supervisor cannot provide the transportation, another ______ must transport the employee.

Supervisor Transport Medical or Custodial Supervisor ***DO NOT LET THE EMPLOYEE DRIVE***

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Uniformed employees should be given the opportunity, under supervision, to change into ______ ______ before being transported to a collection site.

Civilian Clothing

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Alternate Collection Site: If the supervisor does not collect the sample at the work location, then the urine sample may be collected by authorized ______ or ______ personnel. This individual must be of the same ______ and will actually watch the urine ______ the employee's body. The supervisor is to confirm that the sample will be collected under direct ______. If authorized medical or custodial personnel refuse to collect the sample, the ______ will personally collect the sample, if of the same sex as the employee, or get another supervisor (______ or non-______) of the same sex to do so.

Medical or Custodial Sex / Leave Observation Supervisor / Uniformed or Non-Uniformed

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Upon securing a urine sample, the supervisor is to call the designated ______ service to make arrangements for transportation of the sample to CALHR’s contracted ______.

Courier Laboratory

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS It (IS / IS NOT) necessary to secure the sample in a refrigerated state while waiting for the pick-up.

IS NOT

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Lack of Cooperation: Employees refusing to cooperate at any stage of the collection process shall be ______ to cooperate and advised that failure to do so may subject them to ______ action for ______.

Ordered Disciplinary Insubordination

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Do not attempt or threaten to use ______ force to secure a sample. In those instances where criminal prosecution is contemplated, normal ______ and evidence ______ procedures should be followed, consistent with Highway Patrol Manual (HPM) 70.1, Evidence Manual.

Physical Force Arrest Collection

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Notification to Substance Testing Coordinator: After the sample has been collected, the command shall make notification via ______ or ______ to the substance testing ______ at the ______ of ______ ______ (OIA) no later than ______ hours after the sample is collected.

Email or Fax Coordinator Office of Internal Affairs 48 Hours

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Notification: When the laboratory testing is completed (usually 24-48 hours after the sample's arrival), the results will be communicated directly to the ______ ______ ______ (MRO) - DOCTOR.

Medical Review Officer

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Negative Results: Negative results will be communicated directly to the MRO, who will immediately relay this information to the Department in the following order until the Department receives the notice: Directly to the employee's commander; or Directly to the Division commander; or Directly to the Assistant Commissioner; or Directly to OIA.

***INFO ONLY*** Captain Chief Commissioner Office of Internal Affairs

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Positive Results: All positive results will be communicated to the MRO for further evaluation. In this instance, the MRO will attempt to ______ the affected ______ directly for information (such as legal prescriptions) to determine if there is a legitimate medical ______ for the positive test. The employee (IS / IS NOT) entitled to representation during any such conversation with the MRO.

Contact Employee Explanation IS

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS The MRO (WILL / WILL NOT) consider marijuana to be a legal prescription.

WILL NOT

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Accordingly, any test which returns positive for ______ will be considered ______ in support of a ______ of the Department’s substance abuse policy.

Marijuana Evidence Violation

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Methods of Notification: The initial contact by the MRO will be by ______. This will provide the supervisor and employee with the results in the most timely manner. ______ confirmation will follow all tests.

Telephone Written

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Inconsistent and Incompatible Activities prohibits an employee from “reporting for or returning to duty when not completely ______ from the effects of ______, or with alcohol on the ______.”

Recovered Alcohol Breath

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Any ______ level, including the ______ of an alcoholic beverage, would be the basis for an ______ action. (ODOR IS A DETECTABLE LEVEL)

Detected Odor Adverse Action

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Positive specimens shall be securely ______ and ______ at ______ degrees ______ or lower for ______ year to assure availability for retesting in case of appeal or litigation. Upon notification of a challenge, the positive sample will be retained ______.

Stored and Frozen Minus 20 Degrees Centigrade One (1) Year Indefinitely

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 7 TESTING PROCESS AND STANDARDS Sample Split: At the affected employee’s expense, a portion of the sample may be ______. The laboratory will not release any portion of the sample without ______ approval. The ______ of ______ ______ (OIA) will act as a liaison with the laboratory and will coordinate release of the sample portion.

Reanalyzed Departmental Office of Internal Affairs

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS First-line supervisor will deal with the employee from reasonable suspicion until the results of the test are ______.

Known

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS The time from the establishment of reasonable suspicion to the time the results are known may span several days, so the supervisor’s actions should be guided by the following: ______ of the employee and others Potential ______ action up to and including dismissal Proper enforcement of the state's substance abuse ______; and Employee ______ and ______.

Safety Disciplinary Rules Rights and Privacy

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS Do not let the employee ______ with fellow officers during the time they are under observation.

Converse

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS Since the decision to test will be based upon reasonable suspicion of substance abuse, the employee should not be allowed to return to duty until the test results are known to be ______.

Negative

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS The employee should be placed on ______ status for the remainder of the ______ on the day of the test or refusal to take a test.

Dock Shift

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS In most instances, on the day following the test or refusal to take a test, the employee should then be placed on paid ______ ______ ______ (ATO), subject to approval through the chain of command to the appropriate ______ ______.

Administrative Time Off Assistant Commissioner

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS The employee should remain on this status until the test results are ______ and/or a decision is made regarding ______ action.

Known Administrative

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS In those instances where only alcohol is suspected, the employee should be returned to full duty the following ______ if completely ______.

Day Recovered

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS The following criteria will apply after a substance test has been conducted or the employee refuses to submit to a test when directed: If a peace officer is involved, peace officer powers will be immediately ______ along with any requests for secondary ______. Additionally, the employee will be required to immediately ______ all state property.

Suspended / Employment Surrender ***The provisions of this subsection do not apply to circumstances involving only the suspected use of alcohol.***

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS Supervisors shall ensure the employee is provided with a ______ describing supervisor’s role and the employee’s rights relative to substance testing, a list of items explaining substance testing, results, and employee ______ shall also be provided.

Memorandum Assistance

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS Arrange to have the employee ______ home. Employee shall not ______. If they refuse transportation or cannot care for themselves, they shall remain at the ______ until they can be picked up by ______ or ______.

Transported Drive Office Family or Friends

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS Negative test: The employee shall be returned to ______ duty if the results are negative and there are no other causes for action. The employee's dock time on the day of the test shall also be adjusted to a ______ status.

Full Duty Paid

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS Representation: Employees suspected of violating this policy (SHALL / SHALL NOT) be entitled to representation during any ______ interviews that could lead to a decision to take ______ action against the employee.

SHALL BE Interrogative Adverse ***These interrogative interviews could occur before or after the sample is taken.***

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS In most instances, an interrogation should occur ______ the sample is collected or at a later date when additional information is ______.

After Known

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS This right to representation does not preclude a supervisor from making ______ contact with the employee in an appropriate confidential interview setting to ask questions regarding abnormal behavior, inefficiency, absenteeism, tardiness, unusual appearance, etc.

Initial ***The supervisor can make initial contact with the employee confidentially to ask about these issues.***

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS Unless specifically permitted in the MOU, an employee is not entitled to representation during the collection of the sample. – CHECK THE MOU

***CHECK THE MOU***

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 8 DEALING WITH THE EMPLOYEE AND EMPLOYEES’ RIGHTS Medical Review: Employees shall be entitled to representation in any of their discussions with the ______ ______ ______ (MRO) that occur subsequent to implementing this policy. The sample collection process(SHALL / SHALL NOT) include an opportunity for the employee to provide information about factors other than illegal substance use (such as taking legally prescribed medication) that could provide a ______ explanation for a positive test result.

Medical Review Officer SHALL Medical

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 9 MEDICAL REVIEW OFFICER Each MRO must be a licensed ______.

Physician

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 9 MEDICAL REVIEW OFFICER Medical Conditions: 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 ______ to the Department and/or the employee. Some of these conditions could ______ the employee's continued employment, since the Department has a responsibility to ensure public safety. Should such a condition be revealed through the substance test, the employee may be directed to complete a ______-for-______ examination.

Known Jeopardize Fitness-for-Duty

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 10 CONFIDENTIALITY OF RECORDS PRIVACY: It is imperative that the testing of an employee, as well as the test results, be kept as ______ as possible. (CalHR) rules and the Department require this information be released only on a strict ______-to-______ basis.

Confidential Need-to-Know

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 10 CONFIDENTIALITY OF RECORDS Information and results can only be released to: The ______ tested. An individual designated in ______ by the employee tested. The ______ ______ ______ (MRO). CalHR, as ______, to effectively administer these rules.

Employee Writing Medical Review Officer Necessary

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 10 CONFIDENTIALITY OF RECORDS Negative Test Results (SHOULD / SHOULD NOT) be included in the employee's personnel file.

SHOULD NOT

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 10 CONFIDENTIALITY OF RECORDS Negative test results and the documentation regarding reasonable suspicion for the test shall be maintained ______ from the employee's personnel folder unless the employee requests otherwise.

Apart

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 10 CONFIDENTIALITY OF RECORDS This information shall be forwarded to the Office of Internal Affairs (OIA) as confidential material. This information will be maintained in a separate file for ______ years or until such time as any litigation arising from circumstances leading to the test has concluded, whichever is ______.

Five (5) Years Longer

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 10 CONFIDENTIALITY OF RECORDS Positive Test Results: Positive test results and the documented reasonable suspicion will become part of the ______ for adverse action file. This information will be maintained for a period of ______ years and handled consistent with policy contained in Highway Patrol Manual 10.2, Internal Investigations Manual.

Request Five (5) Years

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 11 DOCUMENTATION CalHR rules require the observations leading to reasonable suspicion be documented, and that a copy of this information should be provided to the affected employee within ______ hours.

48 Hours

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 11 DOCUMENTATION The supervisor who made the initial determination of reasonable suspicion must prepare a Reasonable Suspicion Report using the ______.

CHP 202X, Workplace Substance Abuse Investigation / Voluntary Testing Report ***May be handwritten or typewritten because of the 48 hour turnaround***

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 11 DOCUMENTATION Supervisors (ARE / ARE NOT) required to provide the employee with immediate documentation of the cause for reasonable suspicion.

ARE NOT

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 11 DOCUMENTATION After completing the report, the supervisor must ______ the document and ______ it to the manager who approved the substance test. In most instances, ______ hours should be sufficient time for the supervisor to prepare a thorough report of the circumstances and submit it to the confirming official (Usually a lieutenant) for review.

Sign Submit 48 Hours

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 11 DOCUMENTATION A 202X – Reasonable Suspicion Report shall be completed whenever a determination of ______ suspicion of workplace substance abuse leads to substance ______.

Reasonable Suspicion Testing

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 11 DOCUMENTATION The following four (4) elements are considered essential to a complete and comprehensive report: A detailed description of the ______ and/or ______ initiating the reasonable suspicion. The fact that substance abuse could not be ______ ______ after considering other possible causes, if any. Supporting evidence resulting from closer ______ of the employee's appearance and demeanor. Names of other ______, ______, or ______ who can verify or support the reasonable suspicion.

Incident and/or Circumstances Ruled Out Observation - ***Includes FSTs, DREs or Medical Screenings*** Supervisors / Employees / Witnesses

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 11 DOCUMENTATION When a criminal investigation is conducted, a Reasonable Suspicion Report (SHOULD / SHALL) be completed.

SHALL BE

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 11 DOCUMENTATION Under no circumstances will the CHP 202X indicating a ______ test result be retained in the employee’s personnel field ______.

Negative Folder

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 11 DOCUMENTATION If an employee (Sensitive and Nonsensitive) decides to provide a voluntary sample the ______ will be completed by a supervisor and the employee will be asked to sign the document ______ to sample collection.

CHP 202X Prior To ***Under no circumstances will the CHP 202X be retained in the employee’s personnel field folder.***

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING Program: Title 49, Code of Federal Regulations (49 CFR) Part 40 and Part 382 require employers of commercial vehicle drivers to conduct Controlled Substances and Alcohol Testing (CSAT) under the following circumstances: Pre-______ Post-______ Reasonable ______, and ______.

Employment Collision Suspicion Random

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING All drivers required to have a commercial driver license are subject to the controlled substance and alcohol testing rules. This would include all drivers who: Are in a classification that requires the possession of a commercial driver ______ and drive a commercial motor ______. Currently, those classifications are Heavy Truck Driver and Telecommunications Facilities Technician II. Are receiving a pay ______ or any other additional compensation from the state because they have a commercial driver ______. Possess a commercial driver license and periodically drive a commercial vehicle for the Department and remain in the federal ______ program during their non-______ periods.

License / Vehicle Differential / License Testing / Driving ***This includes supervisors who are in possession of a commercial driver license and remain in readiness to drive in the event of an emergency.***

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING SSF = ______ ______ ______

Safety Sensitive Function

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING Commercial Motor Vehicle: A motor vehicle or combination of vehicles used in commerce to transport passengers or property if the motor vehicle: Has a gross combination weight of ______ or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ______ pounds; or Has a gross vehicle weight rating of ______ or more pounds; or Is designed to transport ______ or more passengers, including the driver; or Is used in the transportation of materials found to be ______ for the purposes of the Hazardous Material Transportation Act and which requires the motor vehicle to be ______ under the Hazardous Materials Regulations

26,001 / 10,000 ***Combo where the trailer is more than 10,000*** 26,001 ***Solo vehicle with this weight*** 16 Hazardous / Placarded

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING These are the only drugs permitted to be tested for under the commercial driver CSAT regulations. Five (5) Things:

Marijuana Cocaine Amphetamines Opiates Phencyclidine (PCP).

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING A driver has engaged in prohibited conduct when: The driver receives a ______ drug test result verified by an ______. The driver ______ to submit to a required test. The driver is found to have an alcohol concentration of ______% or greater. The driver uses alcohol while on-______ or within ______ hours prior to performing a safety sensitive function (SSF). The driver uses any of the prior mentioned (5) drugs.

Positive / MRO Refuses 0.04% On-Duty / Four (4) Hours

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING ***Refusal to Submit to a Test.*** Fail to ______ for any test within a reasonable time, as determined by the Department, after being directed to do so. Fail to ______ at the testing site until the testing process is complete. Fail to provide a ______ specimen for any drug test required by federal regulations. Fails to permit the ______ or monitoring of the sample Fail to provide a sufficient amount of ______ when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical ______ for the failure. Fail or declines to take a second ______ the Department or collector has directed the driver to take. Fail to undergo a medical ______ or ______, as directed by the MRO as part of the verification process, or as directed by the Department. Fail to ______ with any part of the testing process (e.g., refuse to empty ______ when so directed by the collector, or behave in a ______ way that disrupts the collection process). Is reported by the MRO as having a verified ______ or ______ test result.

Appear Remain Urine Observation Urine / Explanation Test Examination or Evaluation Cooperate / Pockets / Confrontational Adulterated / Substituted

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING Random Testing: Each year, ______% of drivers are tested for drugs Each year, ______% of drivers are tested for alcohol

50% 10%

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING Command Responsibilities. The affected command is responsible for the following activities: Ensure that drivers selected for random testing proceed ______ to the testing site once they are notified of being selected. Supervisors shall ensure drivers (ARE / ARE NOT) made aware of the test prior to being sent for testing. Drivers shall only be tested for ______ while they are performing safety sensitive functions, immediately ______ to performing or immediately ______ performing safety-sensitive functions. Drivers will provide ______ specimens (for drug tests) and take ______ alcohol tests for the random testing program during any hours the driver is expected to perform a ______ ______ Function. In no event shall a driver be called in for the purpose of participating in a random test while the driver is on ______, ______ ______ ______ (RDOs), ______ leave, ______ time off (CTO), or ______ leave status.

Immediately / ARE NOT Alcohol / Prior To / After Urine / Breath Safety Sensitivity Function Vacation / RDOs / Sick Leave / Compensated / Other

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING Supervisors of commercial vehicle drivers shall receive at least ______ hour training in recognition of signs of drug use and at least ______ hour training in recognition of signs of alcohol abuse. Training must take place within ______ days of promotion to supervisor. Documentation of the training shall be forwarded to the Designated Employer Representative (DER) upon completion.

One (1) Hour - Drug One (1) Hour - Alcohol Thirty (30) Days

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING Designated Employer Representative: Within Commercial Vehicle Section (CVS), an individual is assigned to ensure commercial driver CSAT activities of the Department are in compliance with state and federal CSAT requirements. This individual is the Department’s CSAT Coordinator, also identified in regulation as a designated employer representative (DER).

***INFO ONLY***

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING The DER is the liaison between the CHP and the California Department of ______ ______ (CalHR).

California Department of Human Resources

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING The DER receives random selection notifications and test results, notifies the affected commands, maintains required records, and ensures the Department remains in compliance with the CSAT regulations.

***INFO ONLY***

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING POST TRAFFIC COLLISION TESTING. Command Responsibilities: Determine if the driver needs to submit to a post-collision ______. The driver is tested for alcohol within ______ hours of the qualifying collision. If not, the supervisor must document why. Every effort must be made to administer an alcohol test to the driver within ______ hours following the qualifying collision. If not, the supervisor must ______ trying and document why the test was not administered. The driver is tested for drugs within ______ hours of the qualifying collision. If not, the supervisor must ______ trying and document why the test was not administered. Supervisors shall ensure that drivers who are required to submit to post- collision tests are provided with post collision information procedures and instructions ______ to the driver operating a commercial motor vehicle, so that drivers will be able to comply with the ______.

Test Two (2) Hours Eight (8) Hours / Stop 32 Hours / Stop Prior To / Regulations

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING Qualifying Collision: A driver who is in a traffic collision involving a commercial vehicle shall be tested for ALCOHOL and CONTROLLED SUBSTANCES if the following conditions exist: Any ______ collision, whether or not the driver was cited. Any ______ collision in which the driver was cited. Any collision involving ______ damage (Towed Vehicle) in which the driver was cited. The following collisions DO NOT required the driver to be tested: Any injury collision in which the driver was ***NOT*** cited. Any collision involving disabling damage (Towed Vehicle) in which the driver was ***NOT*** cited.

Fatal Injury Disabling ***Cited = Tested - Except for Fatals (They are tested either way)*** ***Injury or Disabling Damage without being CITED = NOT TESTED***

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING Following the return-to-duty testing, the driver will be subject to a minimum of ______ unannounced follow-up alcohol and/or drug tests during the first ______ months following the drivers return to work.

Six (6) Twelve (12)

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING Once the affected command has been notified a driver had engaged in ______ conduct, the driver must be ______ from performing a SSF for the Department until the ______-to-______ process has been successfully completed.

Prohibited Prevented Return-to-Duty

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING Use of alcohol is not permitted while on duty, driving a commercial vehicle, or within ______ hours prior to driving a commercial vehicle.

Four (4) Hours

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING Alcohol Related Conduct: When a driver has an alcohol test result with an alcohol concentration of ______% or greater, but less than ______%, the driver shall not be permitted to drive a regulated vehicle until at least ______ hours have elapsed since the test. Under this circumstance, the driver (IS / IS NOT) subject to the return-to-duty process.

0.02% 0.04% Twenty-Four (24) Hours IS NOT

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING RETURN-TO-DUTY PROCESS. Command Responsibilities. The affected command is responsible for the following activities. Ensure a driver who has engaged in ______ conduct is ______ from operating a commercial vehicle until the ______-to-______ process has been successfully completed. Provide the names and contact information for ______ ______ ______ (SAP) referrals to any driver who has engaged in prohibited conduct. This information is available through the CalHR’s contracted service provider.

Prohibited / Prevented / Return-to-Duty Substance Abuse Professional

HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 12 COMMERCIAL DRIVER DRUG AND ALCOHOL TESTING Should the Department and the driver agree to participate in the return-to-duty process, the driver must: Be ______ by a SAP in a ______-to-______ interview. Successfully complete all ______ as directed by the SAP. Be ______ by the SAP in a ______-to-______ interview. Submit to a return-to-duty ______ and/or ______ test and obtain ______ results. Prior to the return-to-duty test, the SAP must provide documentation to the Department that the driver has successfully complied with all treatment recommendations. The driver may return to performing a SSF once the negative test results are obtained. Agree to submit to ______-___ testing as prescribed by the SAP. This will include a minimum of ______ unannounced follow-up tests within the first ______ months. The driver shall also comply with any other follow-up treatment recommended by the SAP.

Evaluated / Face-to-Face Interview Treatment Reevaluated / Face-to-Face Drug and/or Alcohol / Negative Follow-Up / Six (6) / Twelve (12)