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The Future > 9.2 - substance tetsting > Flashcards

9.2 - substance tetsting Flashcards

1
Q

For the substance test to be effective, each supervisor must ensure that:

A

(a) Reasonable suspicion is supported by proper documentation;
(b) The sample is properly collected;
(c) The chain of custody is maintained; and
(d) The employee’s rights are not violated.

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2
Q

The state’s substance testing policy requires the involvement of specified managers in ______ substance tests as a confirming official before any sample can be collected

A

all

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3
Q

all departmental employees ____ alert a supervisor to indications that another employee is involved in substance abuse.

A

shall

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4
Q

Substance abuse:

The following elements are critical if the program is to be successful:

A 
Consistency 
Confirmation
Collection of sample 
Chain if custody 
Control of quality
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5
Q

b. Substance testing policies can be traced in part to “____________” and its strong stand against increasing substance abuse.

A

The War on Drugs

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6
Q

Likewise, employers have established a variety of tests to combat substance abuse by their employees including:

A

(1) Random.
(2) Annual or periodic.
(3) Probable cause.
(4) Reasonable cause or suspicion.

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7
Q

b. Fourth Amendment. This constitutional amendment protects persons from unreasonable searches and seizures. Whether a urine test is protected under this amendment is the subject of debate; however, the United States Supreme Court has ruled that a search occurs:

A

“when an expectation of privacy that society is repared to consider reasonable is infringed” by the government (United States v. Jacobsen [1984] 466 U.S. 109, 113).

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8
Q

Substance abuse: The courts have consistently held that, where there exists reasonable suspicion______ _________________________ in positions demanding public trust and/or upon which the public’s health and safety depend

A

the interests of the government outweigh the privacy interests of persons employed

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9
Q

c. Fifth Amendment. This amendment protects an employee from self- incrimination. The courts have held, however, that the protections afforded by this constitutional amendment do not apply to chemical tests because the right not to self-incriminate is implicated only by ___________ or __________evidence.

A

testimonial or communicative

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10
Q

This amendment guarantees the right to due process and has been the basis for challenges to certain substance testing programs.

A

Fourteenth Amendment.

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11
Q

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 made aware of

A
  1. the exact reasons for the Department’s actions
  2. the consequences of a positive test result
  3. what action the Department will take if the employee refuses to submit to the requested test.
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12
Q

The Department must also take necessary precautions to ensure the sample is properly

A

collected, identified, and analyzed.

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13
Q

Since the potential for such liability clearly exists, departmental supervisors ____ act quickly and reasonably when dealing with employees whom they suspect are abusing alcohol and/or drugs.

A

Must

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14
Q

supervisors _____ be attentive regarding any sign of substance abuse

A

Must

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15
Q

To avoid problems in Wronqful Discharge of an employee the substance testing program must be administered:

A

fairly, consistently, and in compliance with the manual.

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16
Q

all supervisors and managers must be cognizant of the protections and rights afforded by_____ when conducting investigations into instances of suspected substance abuse.

A

Public Safety Officers Procedural Bill of Rights Act (POBR)

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17
Q

a. The Department does not condone the use of illegal substances under any circumstances. However, the CaIHR policy only addresses _______. This policy is intended to help ensure that the state workplace is free from the effects of drug and alcohol abuse.

A

on-duty impairment

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18
Q

No state employee who is on duty or on standby for duty shall:

A

(a) Use, possess, or be under the influence of illegal or unauthorized drugs or other illegal mind-altering substances; or
(b) Use or be under the influence of alcohol to any extent that would impede the employee’s ability to perform their duties safely and effectively.

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19
Q

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

A

legal prescription

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20
Q

If a conflict exists between these rules and a negotiated MOU, the ____ is controlling.

A

MOU

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21
Q

While an employee may ask for a test or a supervisor may _______ a test, no action can be taken against the employee for not participating in a test ______ there is reasonable suspicion of substance abuse.

A
  1. suggest

2. unless

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22
Q

In accordance with the Code of Federal Regulations, Title 49, Part 40, Subpart B, Section 40.27, employees ______ be required to sign a consent, release, waiver of liability, or indemnification agreement with respect to any part of the drug or alcohol testing process.

A

shall not

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23
Q

An employee’s decision not to volunteer for a test _________ lead to unfavorable management actions, conclusions, or documentation.

A

shall not

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24
Q

departmental policy extends Public Safety Officers Procedural Bill of Rights Act (POBR) to all employees, except _____.

A

cadets

25
Q

Only those in positions designated as “_________” by the Commissioner may be tested according to the provisions as stated in HPM 9.2 - substance testing manual .

A

sensitive

26
Q

Accordingly, the following departmental classifications of _______ and ______ have been designated and approved as sensitive positions, but not limited to.

A

(1) All peace officers.

(2) All cadets.

27
Q

Employees in sensitive positions were required to acknowledge their receipt of these rules by signing a

A

Receipt and Acknowledgment form

28
Q

supervisors shall not attempt to elicit a chemical test from an employee whose position has been designated as “________.”

A

non-sensitive

29
Q

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

A

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

30
Q

Reasonable suspicion is the good faith belief based on:

A

(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.

31
Q

Reasonable suspicion exists only after the _______________ has also considered the facts and/or evidence and agrees that they constitute a finding of reasonable suspicion.

A

appointing power or a designee (confirming official)

32
Q

The element in determination of reasonable suspicion must include:

A
  1. Good Faith
  2. Articulate Facts
  3. Initial Suspicion
  4. Criminal Investigation
33
Q

criminal arrest/investigation reports involving ______________ employees may not be used to support an administrative investigation unless the incident described in the report resulted in a conviction.

A

nonuniformed

34
Q

the supervisor should keep in mind the employee’s rights under the Public Safety Officers Procedural Bill of Rights Act (POBR). Only those questions pertaining to the employee’s possible need for _________ should be asked. Deviation from this could lead to incriminating questions being asked, resulting in a possible violation of POBR.

A

medical attention

35
Q

Anonymous tip: 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.

A

not sufficient

36
Q

The California Department of Human Resources (CaIHR) requires that the informant be a _______ who is willing to publicly testify on behalf of management,

A

peace officer

37
Q

Depending upon the circumstances, information from a reliable informant alone _______ the foundation for reasonable suspicion. Supervisors must be extremely _____ when basing reasonable suspicion on information of this nature.

A
  1. could be

2. careful

38
Q

The CaIHR requires that each initial determination made by a supervisor be approved by the ________

A

Commissioner or the Commissioner’s designee.

39
Q

In no event _____ the confirming official be the suspected employee’s immediate supervisor or the person who made the initial observation leading to reasonable suspicion.

A

shall

40
Q

There is also a requirement that reasonable suspicion must be accompanied by:

A

the belief that substance testing could reveal evidence of drug and/or alcohol use.

41
Q

All alcohol testing will be conducted using______. The CaIHR rules provide for a urine test as the primary means of determining whether or not an employee has abused _____.

A
  1. evidential breath testing devices

2. drugs

42
Q

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

A

both a urine and breath test.

43
Q

From the moment reasonable suspicion is developed until the time a sample is provided, the employee should remain under _________.

A

continual supervisory observation.

44
Q

In fact, substance testing experts believe the best time to collect a sample is within _____ hours of the initial observation.

A

two to four

45
Q

: Supervisors should realize that an employee may not be able to provide a urine sample immediately. A reasonable waiting period ______ be allowed for the employee to provide the sample. If, however, 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 presumption of impairment.

A

should

46
Q

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

A

direct observation

47
Q

Upon securing a urine sample, the supervisor is to call the _____________ to make arrangements for transportation of the sample to CALHR’s contracted laboratory.

A

designated courier service

48
Q

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

A

May

49
Q

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.

A

48 hours

50
Q

While an employee may claim that a test which returns positive for marijuana is the result of a legitimate recommendation from a licensed physician, the MRO will ____ consider marijuana to be a legal prescription.

A

not

51
Q

Since the decision to test will be based upon reasonable suspicion of substance abuse, the employee ______ be allowed to return to duty until the test results are known to be negative. The employee should be placed on ______ for the remainder of the shift on the day of the test or refusal to take a test.

A
  1. should not

2. dock status

52
Q

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

A

shall

53
Q

If the affected employee has additional information for the MRO to consider, it is the_________ responsibility to provide that information

A

employee’s

54
Q

In an effort to minimize the stigma attached to a substance test, negative results _____not be included in the employee’s personnel file.

A

should

55
Q

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 ______

A

five years

56
Q

The supervisor who made the initial determination of reasonable suspicion must prepare a Reasonable Suspicion Report using the________ . In most instances, _________ should be sufficient time for the supervisor to prepare a thorough report of the circumstances and submit it to the confirming official for review.

A
  1. CHP 202X, Workplace Substance Abuse Investigation/Voluntary Testing Repod.
  2. 48 hours
57
Q

A _________ shall be completed whenever a determination of reasonable suspicion of workplace substance abuse leads to substance testing.

A

Reasonable Suspicion Report

58
Q

When a criminal investigation is conducted, a Reasonable Suspicion Report_____ be completed.

A

shall

59
Q

Under no circumstances will the CHP 202X indicating a _______ test result be retained in the employee’s personnel field folder.

A

CHP 202X

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