HPM 9.2 - SUBSTANCE TESTING MANUAL Flashcards
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
HPM 9.2 - SUBSTANCE TESTING MANUAL - CHAPTER 2
DELETED BY THE OFFICE OF PRIMARY INTEREST
DELETED BY THE OFFICE OF PRIMARY INTEREST
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
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
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
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.
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
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