Substance Abuse Flashcards
The ______ is in the best position to assess any changes in an employees job, performance, behavior, and/or appearance.
Supervisor
For substance test to be effective, each supervisor must ensure what 4 things:
- reasonable suspicion is supported by proper documentation
- sample is properly collected
- chain of custody is maintained
- employees rights are not violated
The states substance testing policy requires involvement of specified managers in all substance tests as a ______ official before any sample can be collected
Confirming
All department employees ____ alert a supervisor to indications that day another employee is involved in substance abuse
SHALL
The following 6 elements are critical for the substance testing program effectiveness
1) Consistency
2) confirmation
3) collection of sample
4)chain of custody
5) control of quality
6) contracts
Consistency?
- Must be based on facts and not hunches or groundless suspicion
- test process must be done in same manner each time following set of procedures
Confirmation?
- Before any sample is obtained supervisor foundation for reasonable suspicion must be approved by a specified departmental manager
- without approval or reasonable suspicion results will be off little value
Collection of sample?
- sample must be properly collected and analyzed before any action can be taken against an employee
- after test the department must be able to testify that sample is unadulterated
Chain of custody?
Number of persons handling sample must be limited and carefully documented to avoid countercharges of sample tampering
Control of quality?
- department must ensure contracting laboratory meets accepted scientific standards and each sample is properly handled
- laboratory must have qualified personnel who can testify to scientific techniques and accuracy
Contracts?
- Supervisors must be mindful of MOUs conflict with departmental personnel administration rules.
- the MOU SHALL take precedence
No state employee who is on duty or in standby for duty shall:
- use/possess or be under influence of illegal or unauthorized drugs or illegal mind altering substances
- use or be under influence of alcohol to any extent that would impede employees ability to perform duties safely/effectively
Voluntary testing?
- No action can be taken against an Employee for not participating in a test unless there is reasonable suspicion of substance abuse
- not documented as a refusal since it is an employees option
Only those in positions designated as ______ by the commissioner May be tested according to the provisions stated in this manual
Sensitive
The following 14 positions have been designated and approved as sensitive positions:
- all peace officers
- all cadets
- automobile mechanics
- automotive technician series
- commercial vehicle inspection specialties I/II
- public safety dispatcher/operator
- public safety dispatch supervisor I/II
- gunsmith
- heavy truck driver
- lead automobile mechanic
- lead motorcycle mechanic
- motor carrier specialist I/II/III
- motorcycle mechanic
- school pupil transportation safety coordinator
What 3 factors must a supervisor’s final determination be when eliciting a chemical test to “ non sensitive positions”
1) articulable facts
2) close observation
3) good faith
Reasonable suspicion is the good faith belief based on:
1) specific articulable facts or evidence that an employee may have violated the substance abuse policy
2) substance testing could reveal evidence in support of a violation
If supervisor believes criminal violation (s) exist, a criminal investigation ____ be conducted prior to the administrative investigation
Should
The administrative investigation _____ be used to support the criminal investigation
Cannot
Criminal/investigation reports involving non-uniformed employees May not be used to support administrative investigation unless the incident described in report resulted in a ______
Conviction
Supervisors must remember that any detected level of alcohol is prohibited by the statement of
Inconsistent and incompatible activities
If reasonable suspicion is established, any subsequent chemical test must be administered using a _________ analyzing instrument which meets the state department of health and services standard
Breath alcohol
Only questions pertaining to an employees possible need for _______ should be asked during a substance abuses investigation interview
Medical attention
What is a reliable informant?
CalHR requires that the informant be a peace officer willing to publicly testify on behalf of management, should that become necessary