What does NIDA stand for?
National Institute on Drug Abuse
Who plays the most important role in any successful substance testing program
The first line supervisor
For the substance test to be effective, the supervisor must ensure what?
Reasonable suspicion is supported by proper documentation, the sample is collected properly, the chain of custody is maintained and the employee's rights are not violated.
Prior to any sample being obtained, reasonable suspicion must be approved by who?
A departmental Manager (confirming official) must approve the reasonable suspicion, however, it MAY not be the employee's immediate supervisior or the individual who made the initial observation leading to reasonable suspicion.
What are 3 constitutional issues involved in substance abuse testing?
4th Amendment (protection against illegal search and seazure) 5th amendment (protection against self incrimination, and the 14th amendment (guarantees the right to due process)
What should the employee be told upon reasonable suspicion of substance abuse?
Due process requires the employee to be told the exact reasons for the department's actions, the consequences of a positive test result, and the actions that will be taken if the employee refuses to take a test.
What procedures will be followed for the purpose of imposing discipline?
The same prodecures as in any other types of misconduct.
Does the DPA policy on substance abuse apply to employee's on duty, OFF duty or both?
On duty only, or while on standby.
If a conflict occurs between DPA rules and an MOU, which takes precedence?
The MOU will always take precedence.
When may an employee VOLUNTARILY submit to a substance testing?
At any time.
What is required by the employee for a voluntary test and who pays for it?
Written documentation with the employee's signature stating the testing is voluntary and the department whall pay for the testing.
May the odor of alcohol or marijuana on an employee's breath or clothing be used as the sole basis to determine reasonable suspicion pursuant to DPA rules
No, however, administrative action may be taken based on other requirements.
For unit 5 employee's, how many actual samples shall be taken?
2 samples shall be taken.
May anonymous sources be used as the sole basis for reasonable suspicion?
No the anonymous information must be supported or corroborated.
Does the employee have the right to know what the reasonable suspicion is based on?
Yes, the basis for the reasonable suspicion shall be fiven to the employee orally at the time the employee is requested to submit to testing?
Does the employee have the right to have the details of the basis for reasonable suspicion provided to hime in writing?
Yes, the details shall be documented on a CHP 202 and provided to the employee within 72 hours or earlier, and prior to the results receipt of the test results.
When does the employee have the right to the written test results and the chain of custody documentation?
Within 3 working days of the receipt of these documents by the management.
Under what circumstances shall negative test results be placed in the employee's personnel file?
Only when requested by the employee
Are all state employee's subject to substance testing pursuant to DPA rules?
No, only employee's that are determined to be in SENSITIVE positions.
For a NON sensitive employee, how should potential substance abuse be investigated?
In accordance whith 10.2, internal investigations or 10.4, citizen's complaint investigation.
Under what circumstances may Random testing be conducted?
DPA rules do not provide for a random testing under any circumstances.
May a PAS test be used to establish reasonable suspicion?
What is necessary from a reliable informant in order to use the information to determine reasonable suspicion?
That person must agree to testify publicly on behalf on management, the employee must be told who the informant is, what the informant said and the employee must be given an opportunity to respond to what the informant said as part of the determination of reasonable suspicion.
What test has the DPA determined to be the primary test for drug/alcohol testing?
During what time period should the employee be under the continual supervisory observation?
From the time reasonable suspicion is developed until the time the emplayee provides a sample.
If an employee must be transported to a different location for the testing, who shall accompany the employee?
The supervisor that developed reasonable suspicion should, however if he cannot another Supervisor shall be designated.
What should the supervisior advise the employee if he refuses to provide a sample?
Supervisor shall order the employee to provide a sample or the employee will be subject to disciplinary action for insubordination.
Under what circumstances shall a supervisor take and secure a uniformed emplayees duty weapon?
the duty weapon shall be taken as soon as reasonable suspicion is developed and it shall be kept until the test results are known to be negative.
Since the employee is suspected of substance abuse and is incapable of performing his duties, how should the remainder of the day be documented?
The emplyee should be placed on DOCK status. This would include when the employee refused to submit to testing.
If a peace officer is involved what happens to his peace officer powers?
His peace officer powers are immediately suspended along with all requestes for secondary employmnet. Allstate equipment shall also be surrendered.
Does the employee have the rights to representation during the collection of the sample?
Not unless it is specifically permitted in the employee's MOU.
A written copy of the information that lead to reasonable suspicion should be provided to the employee within what period of time?
The written information should be provided to the employee within 48 hours.
Is it necessary to complete the reasonable suspicion report if the rest comes back negative?
yes, it must be completed, reviewed and a copy provided to the employee.
How many positions have been deemed sensitive?
All peace officers, cadets, auto mechanic, auto tech series, commericial vehicle inspection specialist 1 and 2, PSD 1 and 2, PSD supervisor 1 and 2, gunsmith, heavy truck driver, lead auto mechanic, lead motorcycle mechanic, motor carrier specialist 1,2,3, motorcycle mechanic, school pupil transportation safety coordinator.
Is the employee entitled to have a rep present during the testing process? At what point is the employee entitle to have their rep present with them?
No, the employee is NOT entitle to their rep during the testing process, The employee is entitle to a rep during interrogation or during any discussion with the medical review officer.
Reasonable suspicion exists only after the confirming official has considered the facts and/or evidence and agrees that they constitute a finding of reasonable suspicion.
The confirming Official can be the suspected employee's immediate supervisor T/F
How much urine must be obtained for a substance abuse test?
(approximately 2 fluid ounces)
If alcohol is suspected, according to DPA rules, what is the required chemical test?
May information from a reliable source be enough to establish reasonable suspicion?
Yes, but the person must be a peace officer.