Quiz Flashcards

1
Q

The _________ plays the most important role in any successful substance testing program. The ____________ is in the best position to assess any changes in an employees job performance, behavior and/or appearance.

A

supervisor / supervisor

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2
Q

T or F: For the substance test to be effective, each supervisor must ensure the following:
Reasonable suspicion is supported by proper documentation.
The chain of custody is maintained.
The employees rights are not violated.

A

True

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3
Q

T or F: The States substance testing policy requires the involvement of specified managers in all substance tests as a confirming official before a my sample can be collected.

A

True

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4
Q

In substance testing, what are the 6 critical elements of the program to be successful.

A
Consistency
Confirmation
Collection of sample
Chain of custody
Control of custody
Contracts
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5
Q

The 4th Ammendment protects persons from?

A

Search and seizure

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6
Q

The 5th Ammendment protects persons from

A

Self-incrimination

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7
Q

The 14th Ammendment protects a persons right to

A

Due process

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8
Q

___________ arises when it can be shown that a supervisor negligently failed to supervise subordinates appropriately and the negligence resulted in an injury to a coworker and or the public

A

Liability

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9
Q

T or F: The 4th Ammendment protects persons from unreasonable search and seizures. The persons right to privacy must however be weighed against the governments need to know because of the interests which include: public safety, public trust and integrity, morale and safety in the workplace, loss of productivity and civil liability.

A

True

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10
Q

___________ arises when it can be shown a supervisor negligently failed to supervise subordinates appropriately and the negligence resulted in an injury to the coworker and or the public. This can be classified as ________________.

A

Liability / negligent supervision

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11
Q

Government Code 3300-3312, also known as the ________________________ provides protections and define specific rights to persons employed in public safety postings throughout the State of California.

A

Public Safety Officers Procedural Bill of Rights

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12
Q

No state employee who is on duty or on standby for duty _________ use possess or be under the influence of illegal or unauthorized drugs or other illegal mind-altering substances or use or be under the influence of alcohol to any extent that would impede the employees ability to perform their duties safely and effectively

A

Shall

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13
Q

T or F: Only employees serving in sensitive positions shall be subject to substance testing when there is a reasonable suspicion to believe the employee may be under the influence.

A

True

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14
Q

CalHR’s policy may be superseded by a MOU, which can further restrict or define the states ability to compel a substance test. Supervisors and managers are reminded to review applicable MOU’s to ensure substance testing is being properly administered. If a conflict exists between these rules and the negotiated MOU, the ___________ is controlling.

A

MOU

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15
Q

T or F: Adverse action up to and including dismissal may be taken against an employee for refusing to submit to a voluntary substance test immediately after being involved in a significant incident such as a combat shooting or major traffic collision.

A

False

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16
Q

Who is the only job class NOT considered sensitive employees?(key is “safety”)

A

Clerical

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17
Q

T or F: CalHR rules do not permit the mandated substance testing of non-sensitive positions.

A

True

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18
Q

When establishing reasonable suspicion, reasonable suspicion is based upon:

A

Articulable facts, close observation and good faith

19
Q

Adverse action __________ be sought when there is reasonable suspicion for substance abuse. Penalty _________ be consistent with the circumstance.

A

Should / should

20
Q

____________________ is a good faith belief based on specific articulable facts that an employee may have violated the substance abuse policy and the test could reveal evidence in support of the violation.

A

Reasonable suspicion.

21
Q

T or F: Reasonable suspicion exists only after the appointing power or his/her designee (Confirming Official) has also considered the facts and or the evidence and agrees that they constitute a finding of reasonable suspicion.

A

True

22
Q

An anonymous tip alone is enough to order a substance abuse test.

A

Falses

23
Q

T or F: The role of the confirming official consists of all of the following:
Consider facts/evidence and agree they support reasonable suspicion
Ensure proper /adequate application of the rules
Provide guidance and direction
Authorize the test

A

True

24
Q

The confirming official ______________ be the employees immediate supervisor or the person making the initial observation.

A

Shall not

25
Q

All alcohol testing will be conducted using the evidential ________ test

A

breath

26
Q

The urine sample provided by the employee must be at least:

A

60 milliliters (2 ounces) split into two containers

27
Q

The inconsistent and incompatible activities statement prohibits employees from reporting to work when not completely recovered from the effects of alcohol or with the odor of an alcoholic beverage on his/her breath. Nothing precludes administrative action for levels below

A

.04%

28
Q

T or F: The employee is entitled to have a portion of the sample of urine provided reanalyzed at his/her expense

A

True

29
Q

T or F: Throughout the substance testing process, the supervisor should base his/her actions or concerns on the following:
Safety of the employee and others
Potential disciplinary action up to and including dismissal
Proper enforcement of States substance abuse rules
Employee rights and privacy

A

True

30
Q

After the employee submits to a breath/urine test, the employee should be placed on a ____________ status for the remainder of the day. If the employee is only suspected of alcohol, the employee may return to work _____________.

A

Dock / the following day (if completely recovered)

31
Q

T or F: The right to representation does not preclude a supervisor from making initial contact with the employee in a confidential manner or question him/her about abnormal behavior, inefficiency, absenteeism, tardiness, unusual appearance, etc.

A

True

32
Q

The substance testing policy also requires that the employee _______ receive a full copy of any test results and related documentation of the testing process as detailed in Chapter 11

A

Shall

33
Q

The department uses, through a contract with CalHR, one or more _________________ who receive positive test results and evaluate them from a medical point of view.

A

Medical Review Officer. (MRO)

34
Q

T or F: Since the employee has an opportunity to explain a positive test result, it is imperative that supervisors properly document their observations that formed the foundation for reasonable suspicion

A

True

35
Q

In an ef.fort to minimize the stigma attached to a substance test, negative results __________ be included in the employees personnel file. Therefore, negative test results and the documentation regarding reasonable suspicion for the test __________ be maintained apart from the employees personnel folder unless the employee requests otherwise.

A

Shall not / shall

36
Q

Positive test results and the documented reasonable suspicion will be become part of the request for adverse action file. The information will be maintained for a period of ______ years and handled consistent with policy contained in the Internal Investigations Manual.

A

5

37
Q

CalHR rules requires that the observations leading to reasonable suspicion be documented and that a copy of this information must be provided to the employee. While these rules are not specific, this information should be provided to the employee within ____________ (except when not reasonably possible or where other time frames are dictated by the applicable MOU).

A

48 hours

38
Q

The manager who acted as the _______________ must review the reasonable suspicion report to ensure it contains all necessary elements outlined in Annex A-C of this chapter and is an accurate representation of the circumstances that led to the decision to authorize the substance test.

A

Confirming official

39
Q

The supervisor that made the initial determination of reasonable suspicion must prepare a Reasonable Suspicion report using the ___________

A

CHP 202X

40
Q

T or F: The CHP 202X indicating a negative test result shall be retained in the employees personnel file for a persons of two years

A

False

41
Q

T or F: All commercial drivers employed by the department are required to have a commercial driver license and are subject to all federal controlled substance and alcohol testing rules

A

True

42
Q

Commercial drivers employed by the department will be required to submit to a reasonable suspicion drug test and/or a breath alcohol test as required under ____________ regulation

A

Federal

43
Q

A commercial driver employed by the department who is involved in a qualifying traffic collision must be tested for alcohol within _____ hours. If not tested after _____ hours the supervisor must not test the employee and document the reason why the employee was not tested.

A

2 / 8

44
Q

When the driver has an alcohol test result with an alcohol concentration of 02% or greater, but less than .04% , the driver shall not be permitted to drive a regulated vehicle until at least ____ hours have elapsed since the test.

A

24 hours