HPM 9.2- Substance Testing Manual

Question 1

The 6 C’s?

Answer 1

Consistency, Confirmation, Collection ofSamples, Chain of Custody, Control of Quality, Contracts

Question 2

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.

Answer 2

true

Question 3

No employee shall attempt to perform duties which, because of drugs taken due to a legal prescription, cannot be performed without posing a threat to the health and safety of the employee or others.

Answer 3

true

Question 4

supervisors _____ attempt to elicit a chemical test from an employee whose position has been designated as “non-sensitive.”

Answer 4

shall not

Question 5

Since a chemical test will not normally be part of the investigation, it is essential that the supervisor’s final determination be based upon:

Answer 5

(1) Articulable facts;
(2) Close observation; and
(3) Good faith.

Question 6

Reasonable suspicion is the good faith belief based on:

Answer 6

(1) Specific articulable facts or evidence that an employee may have violated the substance abuse policy; and
(2) Substance testing could reveal evidence in support of a violation.
b. Reasonable suspicion exists only after the appointing power or a designee (confirming official) has also considered the facts and/or evidence and agrees that they constitute a finding of reasonable suspicion.

Question 7

If the supervisor believes criminal violations(s) exist, a criminal investigation should be conducted prior to the administrative investigation.

Answer 7

true

Question 8

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.

Answer 8

true

Question 9

criminal arrest/investigation reports involving non-uniformed employees ________ be used to support an administrative investigation unless the incident described in the report resulted in a conviction

Answer 9

may not

Question 10

Use of the PAS device to establish reasonable suspicion is _______

Answer 10

not authorized

Question 11

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 _______ to order a substance test.

Answer 11

not sufficient

Question 12

(CalHR) requires that the informant be a ________ who is willing to publicly testify on behalf of management, should that become necessary.

Answer 12

peace officer

Question 13

In ________ shall the confirming official be the suspected employee’s immediate supervisor or the person who made the initial observation leading to reasonable suspicion.

Answer 13

no event

Question 14

(CalHR) discontinued the practice of obtaining a urine sample for alcohol testing in all state substance abuse testing programs. All alcohol testing will be conducted using evidential breath testing devices

Answer 14

true

Question 15

CalHR rules provide for a urine test as the primary means of determining whether or not an employee has abused ____

Answer 15

drugs

Question 16

Employees suspected of being under the combined influence of alcohol and a drug(s) are required to submit to both a ______________

Answer 16

urine and breath test

Question 17

the employee _________ be allowed to void his or her bladder until the sample is collected.

Answer 17

should not

Question 18

Drug metabolites remain in the system for hours or even days; therefore, supervisors should not become overly alarmed if the sample cannot be collected immediately after reasonable suspicion is confirmed. In fact, substance testing experts believe the best time to collect a sample is within ________ hours of the initial observation

Answer 18

two to four

Question 19

If the supervisor decides to collect the sample, it must be done in an atmosphere of dignity and reasonable privacy. The office restroom could be used in this situation as long as the sample is provided under the supervisor’s direct observation with some arrangement so that other employees cannot enter during collection of the sample.

Answer 19

true

Question 20

Ensure at least _______ (approximately two fluid ounces) of urine is collected (to be split into two containers after collected);

Answer 20

60 milliliters

Question 21

Make arrangements with the designated courier service to have the sample transported to the laboratory.

Answer 21

true

Question 22

(10) Notify the ___________ (Attention: Substance Testing Coordinator) of the sample collection

Answer 22

Office of Internal Affairs

Question 23

after a reasonable period of time the employee is still unable to provide a sample, this will be treated as a refusal, which constitutes a _____________.

Answer 23

presumption of impairment

Question 24

Employees are permitted to drink water for the purpose of aiding them in providing a sample, so long as it is supervised.

Answer 24

true

Question 25

If transportation is necessary, the supervisor who made the initial observation and developed the reasonable suspicion should personally transport the employee to an approved medical or custodial facility

Answer 25

true

Question 26

The supervisor is to confirm that the sample will be collected under direct observation.

Answer 26

true

Question 27

Employees refusing to cooperate at any stage of the collection process shall be ordered to cooperate and advised that failure to do so may subject them to disciplinary action for _________.

Answer 27

insubordination

Question 28

After the sample has been collected, the command shall make notification to the substance testing coordinator
at the Office of Internal Affairs (OIA) using Annex C of this chapter. The notification shall be emailed or faxed to OIA no later than _____ after the specimen is collected

Answer 28

48 hours

Question 29

When the laboratory testing is completed (usually 24-48 hours after the sample’s arrival), the results will be communicated directly to the ___________

Answer 29

Medical Review Officer (MRO)

Question 30

All positive results will be communicated to the MRO for further evaluation. In this instance, the MRO will attempt to contact the affected employee directly for information (such as legal prescriptions) to determine if there is a legitimate medical explanation for the positive test. The employee is entitled to representation during any such conversation with the MRO. If, after _______, the MRO is unable to reach the employee directly (and no exculpatory information was provided by the employee via memorandum), the test will be considered “positive by non-contact.

Answer 30

7 days

Question 31

a. Negative Samples. All samples initially screened negative, as well as those which test negative on the confirmatory test, will be securely stored by the laboratory for a period of three weeks. After this, the samples will be destroyed.
b. Positive Samples. Positive specimens shall be securely stored and frozen at minus 20 degrees centigrade or lower for one year to assure availability for retesting in case of appeal or litigation. Upon notification of a challenge, the positive sample will be retained indefinitely.

Answer 31

true

Question 32

An initial supply of ____ kits has been provided to each office. Commanders shall ensure two unused kits are available at all times. Test kits shall be stored in a secure location, such as a file cabinet or locker in the __________

Answer 32

2, sergeants office

Question 33

Upon initially contacting the employee, the supervisor should:
(1) Inform the employee of the observations and why they are cause for concern.
(2) Listen to the employee’s explanation and give it appropriate consideration before reaching a decision to test.
(3) Maintain as much privacy and confidentiality as possible.
(4) Be direct, factual, firm, calm, and professional.
(5) Avoid apologizing for the actions or engaging in pointless debate or
discussion.
(6) If the employee is threatening or violent, seek the assistance of another supervisor or manager before continuing with the process.
(7) Seek medical help immediately if the employee’s condition warrants it.
(8) Keep the employee under continual observation until the sample is collected or the decision is made not to test. Do not allow the employee to consume large amounts of liquid and note any unusual actions. This is a critical step in the process. The employee must not be given the opportunity to dilute the urine sample or to make preparations to either beat the test or contaminate the sample. (Refer to Chapter 7, page 7-3, see Note section for exception.)
(9) Do not allow the employee to converse with fellow workers.

Answer 33

true

Question 34

After initial discussions with the employee, the supervisor’s reasonable suspicion of substance abuse may still exist. If this is the case, this reasonable suspicion must be approved by the confirming official as detailed in Chapter 6. Once this has been accomplished, the supervisor should:
(1) Inform the employee that a decision has been reached to administer a substance test.
(2) Assure the employee that the sample will be collected in a proper setting.
(3) Advise the employee of the possible consequences of a positive test,
which could include termination from state service.
(4) If the employee refuses to cooperate, inform him/her that this refusal will result in a request for adverse action and could lead to termination from state service.
(5) Make arrangements for testing and, if necessary, transportation.
(6) If a uniformed employee is involved, take and secure the employee’s duty
belt and weapon until such time as the employee is released to duty.

Answer 34

true

Question 35

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.

Answer 35

true

Question 36

The employee should be placed on _______ for the remainder of the shift on the day of the test or refusal to take a test. This is appropriate since the employee is suspected of substance abuse and is incapable of performing his/her duties for the remainder of the shift. In most instances, on the day following the test or refusal to take a test, the employee should then be placed on paid Administrative Time Off, subject to approval through the chain of command to the appropriate Assistant Commissioner. The employee should remain on this status until the test results are known and/or a decision is made regarding administrative action. In those instances where only alcohol is suspected, the employee should be returned to full duty the following day if completely recovered from its effects.

Answer 36

dock status

Question 37

If a peace officer is involved, his/her peace officer powers will be immediately suspended along with any requests for secondary employment. Additionally, the employee will be required to immediately surrender all state property (Annex A of this chapter). These suspensions will remain in effect until the _____________. A decision will be made at that time whether or not to reinstate them.

Answer 37

results of the test are known

Question 38

Supervisors shall ensure the employee is provided with a _____ describing their rights and responsibilities regarding the outcome of the test

Answer 38

memorandum

Question 39

Arrange to have the employee transported home. In no event is the employee to drive him/herself home

Answer 39

true

Question 40

The enactment of the Department of Personnel Administration substance testing rules and this departmental policy ______ in any way mitigate the rights guaranteed to employees under the Public Safety Officers’ Procedural Bill of Rights (POBR) or the various Memorandum of Understandings (MOU). Supervisors must also remember that the Commissioner has extended POBR protections to ________. Any action with regard to substance testing must be evaluated in light of these rights.

Answer 40

do not, all members of the Department except cadets

Question 41

Employees suspected of violating this policy _____ entitled to representation during any interrogative interviews that could lead to a decision to take adverse action against the employee.

(1) These interrogative interviews could occur before or after the sample is taken.
(2) This right to representation does not preclude a supervisor from making initial contact with the employee in an appropriate confidential interview setting to question him/her regarding abnormal behavior, inefficiency, absenteeism, tardiness, unusual appearance, etc. This is part of the process to eliminate substance abuse as a cause for reasonable suspicion.
(3) Supervisors are to carefully weigh the need to interrogate an employee before the collection of a sample. In most instances, an interrogation should occur after the sample is collected or at a later date when additional information is known.
(4) Unless specifically permitted in the MOU, an employee is not entitled to representation during the collection of the sample.

Answer 41

shall be

Question 42

Employees shall be entitled to representation in any of their discussions with the Medical Review Officer (MRO) that may occur as a result of implementing this policy.

Answer 42

true

Question 43

negative results ______ be included in the employee’s personnel file. Therefore, negative test results and the documentation regarding reasonable suspicion for the test shall be maintained apart from the employee’s personnel folder unless the employee requests otherwise.

Answer 43

should not

Question 44

Positive test results and the documented reasonable suspicion will become part of the request for adverse action file. This information will be maintained for a period of _____

Answer 44

5 years

Question 45

a. Preparation. The supervisor who made the initial determination of reasonable suspicion must prepare a Reasonable Suspicion Report using the CHP 202X, within ________

Answer 45

48 hours