HPM 9.2 Substance Testing Manual Flashcards
Which of the following posistions is NOT designated as a sensitive posistion?
A. Automobile Mechanic
B. Public Saftey Dispatcher
C. Child Safety Seat Technician
D. School Pupil Transportation Safety Coordinator
C. Child Safety Seat Technician
Sensitive Posistions:
(1) All peace officers.
(2) All cadets.
(3) Automobile Mechanic.
(4) Automotive Technician series.
(5) Commercial Vehicle Inspection Specialist I and II.
(6) Public Safety Dispatcher and Public Safety Operator.
(7) Public Safety Dispatch Supervisor I and II.
(8) Gunsmith.
(9) Heavy Truck Driver.
(10) Lead Automobile Mechanic.
(11) Lead Motorcycle Mechanic.
(12) Motor Carrier Specialist I, II and III.
(13) Motorcycle Mechanic.
(14) School Pupil Transportation Safety Coordinator.
While investigating a suspected substance abuse case you become aware of a possible criminal violation. Should the adminstative or criminal investigation be completed first?
Criminal Investigation.
If the supervisor believes criminal violations(s) exist, a criminal investigation should be conducted prior to the
administrative investigation. Every effort should be made to maintain a separation between the criminal and administrative investigations.
Is an anonymous tip alone enough to order a substance test?
No. 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 not sufficient to order a substance test.
After a supervisor estabilishes reasonable suspicion, who authorizes the substance test?
Confirming Official. For the purposes of the Department’s substance testing program, this confirming official will be the first designated manager in the supervisor’s chain of
command.
The role of this confirming official shall be to:
(1) Consider the facts and/or evidence and agree whether or not they support reasonable suspicion.
(2) Ensure accurate and proper application of the rules.
(3) Provide guidance and direction.
(4) Authorize the substance test.
During a urine test, how much urine should be collected?
Ensure at least 60 milliliters (approximately two fluid ounces) of urine is collected (to be split into two containers after collected);
The California Highway Patrol (CHP) has implemented an Equal Employment
Opportunity (EEO) Program to ensure equal opportunity for applicants and
employees at all levels in testing, hiring, training, promotion, and other benefits
and privileges extended through employment.
This is accomplished in compliance with Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, and other related state and federal civil rights laws.
The effectiveness of the substance testing program is dependent on the Department’s ability to justify its actions and demonstrate a proper application of the policy. The following elements are critical if the program is to be successful:
Consistency, Confirmation, Collection of Sample, Chain of Custody, Control of Quality, Contracts
No state employee who is on duty or on standby for duty shall:
(a) Use, possess, or be under the influence of illegal or unauthorized drugs or other illegal mind-altering substances; or
(b) Use or be under the influence of alcohol to any extent that would impede the employee’s ability to perform their duties safely and effectively.
All of the following general characteristics must be present in the non-peace officer positions for them to be designated sensitive.
(1) Duties involve a greater than normal level of trust, responsibility for or impact on the health and safety of others;
(2) Errors in judgment, inattentiveness or diminished coordination, dexterity or composure while performing duties could clearly result in mistakes that would endanger the health and safety of others;
(3) Employees in these positions work with such independence or perform such tasks that it cannot be safely assumed that mistakes such as those described in paragraph 2.a.(2) above could be prevented by a supervisor or other departmental employee.
The California Department of Human Resources rules _________ permit the
mandated substance testing of persons in nonsensitive positions. Despite this
requirement, there is nothing in the rule which precludes a nonsensitive employee from
_______ submitting to a substance test.
do not / voluntarily
The effectiveness of the substance testing program is dependent on the Department’s ability to justify its actions and demonstrate a proper application of the policy. The following elements are critical if the program is to be successful:
Consistency, Confirmation, Collection of Sample, Chain of Custody, Control of Quality, and Contracts.
True or False: Only employees serving in sensitive positions shall be subject to substance testing when there is reasonable suspicion.
True.
All of the following general characteristics must be present in the non-peace officer positions for them to be designated sensitive.
(1) Duties involve a greater than normal level of trust, responsibility for or impact on the health and safety of others; and
(2) Errors in judgment, inattentiveness or diminished coordination, dexterity or composure while performing duties could clearly result in mistakes that would endanger the health and safety of others; and
(3) Employees in these positions work with such independence or perform such tasks that it cannot be safely assumed that mistakes could be prevented by a supervisor or other departmental employee.
Can a nonsensitive employee voluntarily submit to a substance test?
Yes
True or False: For uniformed employees, evidence gathered during a criminal investigation can be used to support the administrative investigation; however, the administrative investigation cannot be used to support the criminal investigation.
True.
