HPM 9.2 SUBSTANCE TESTING MANUAL Flashcards
For the substance test to be effective, each supervisor must ensure that: RS=PD PC COC Rights
a. Reasonable suspicion is supported by proper documentation
b. Properly collected
c. Chain of custody is maintained
d. Rights are not violated
The States substance testing policy requires the involvement of specified managers in all substance tests as a _______official before any sample can be collected.
Confirming
PROGRAM EFFECTIVENESS:
The effectiveness of the substance testing program is dependent on the Departments 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:
6 C’s
- Consistency
- Confirmation
- Collection of sample
- Chain of custody
- Control of Quality
- Contracts
The person's right to privacy must be weighed against the governments need to know because of its interests which include: P P M L C
a. Public Safety
b. Public Trust and integrity
c. Morale and safety in the workplace
d. Loss of productivity
e. Civil Liability
FOURTEENTH AMENDMENT: When claims are made that due process has been denied , they most frequently allege: 1. L 2. N 3. I 4. L
- Lack of advance notice of testing
- No advisement of consequences
- Inadequate opportunity to respond to charges
- Lack of opportunity to challenge test results or inability to order additional tests to compare results
FOURTEENTH AMENDMENT:
The protections afforded by this amendment demand that due process procedures be properly followed to protect all of the employee’s interests. This means the employee must be _____ _______ of the exact reasons for the Departments actions, the _________ of a positive test result, and/or what action the Department will take if the employee refused to submit to the requested test. The Department must also take necessary precautions to ensure the sample is properly collected, identified, and analyzed.
made aware
consequences
OTHER LEGAL CONCERNS:
Negligent supervision:
Liability arises when it can be shown that a Supervisor negligently failed to supervise subordinates appropriately, and the negligence resulted in an injury to a co-worker and/or the public.
OTHER LEGAL CONCERNS:
Negligent Retention
More frequently courts are holding employers directly responsible for retaining “dangerous” employees.
OTHER LEGAL CONCERNS:
Wrongful discharge
In order to avoid potential liability for wrongful discharging an employee, the department must act reasonably considering constitutional and statuatory provisions, departmental policies, and the individuals circumstances. …… to avoid problems in this area the substance testing program must be administered fairly, conistently, and in compliance with this manual.
SENSITIVE POSITIONS (14):
Only employees serving in sensitive positions SHALL be subject to substance testing when there is reasonable suspicion to believe the employee has violated paragraph 2.a. of this chapter.
T/F
True
SENSITIVE POSITIONS(14)- defined: A sensitive position is defined as any Peace Officer as identifed in section 830 of the Penal code and any other position in which drug or alcohol affected performance could clearly endanger the health and safety of others. All of the following general characteristics must be present in the non-peace officer positions for them to designated sensitive;
1, Duties involve a greater than normal level of trust, responsibility for or impact on the health of safety of others; and
- Errors in judgement, 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
- 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 par 2a2 above could be prevented by a supervisor or other departmental employee.
SENSITIVE POSITIONS (14) What are they: P C AM AT LAM LMM MM MCS CVIS HTD PSD/PSO PSD I II SPTSC GS
- Peace Officers
- Cadets
- Automobile mechanics
- Automotive Technician series
- Lead Auto Mechanic
- Lead motorcycle mechanic
- Motorcycle mechanic
- Motor Carrier Specialist I,II,III
- Commercial Vehicle Inspection specialist I and II
- Heavy truck Driver
- Public Safety Dispatcher & Public Safety Operator
- Public Safety Dispatch Supervisor I and II
- School Pupil Transportation Safety Coordinator
- Gunsmith
NON Sensitive Positions:
The California Department of Human Resources rules (DO/ DO NOT) permit the mandated substance testing of persons in non sensitive positions.
DO NOT
REASONABLE SUSPICION:
Reasonable suspicion is the good faith belief based on:
- Specif articulable facts that an employee MAY have violated the substance abuse policy; and
- Substance testing COULD reveal evidence in support of a violation.
CRIMINAL INVESTIGATION:
If a supervisor believes criminal violation(s) exist, a criminal investigation should be conducted (PRIOR/AFTER) to the administrative investigation.
PRIOR
CRIMINAL INVESTIGATION:
For uniformed employees, evidence gathered during a criminal investigation can be used to support the administrative investigation, however, the administrative investigation (CAN/CANNOT) be used to support the criminal investigation.
CANNOT
CRIMINAL INVESTIGATION:
Per California Labor Code Section 432.7, criminal/arrest investigation reports involving NONUNIFORMED employees (MAY/MAY NOT) be used to support an administrative investigation unless the incident described in the report resulted in a conviction.
MAY NOT
A Positive test will result from a blood alcohol level of___percent for substance testing versus the .08 percent for driving under the influence.
.04
