HPM 9.2: SUBSTANCE TESTING

Question 1

The __-___ ___ plays the most important role in any successful substance testing program.

Answer 1

first-line supervisor

Question 2

For a substance test to be effective, each supervisor must ensure the following (4) steps are adhered to.

Answer 2

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

Question 3

true/false: Policy requires the involvement of specified managers in all substance tests, as a confirming official, before any sample can be collected

Answer 3

true

Question 4

The effectiveness of the substance testing program is dependent on the Department’s ability to justify its actions and demonstrate a proper application of the policy. The following elements (6 C’s) are critical if the program is to be successful:

Answer 4

(1) Consistency, (2) Confirmation, (3) Collection of Sample, (4) Chain of Custody, (5) Control of Quality, (6) Contracts

Question 5

true/false: The CalHR’s policy may be superseded by a Memorandum Of Understanding (MOU), which can further restrict or define the state’s ability to compel a substance test.

Answer 5

true

Question 6

All of the following general characteristics (3) must be present in the non-peace officer positions for them to be designated sensitive.

Answer 6

(1) Duties involve a greater than normal level of trust, responsibility for or impact on the health and safety of others; and
(2) Errors in judgment, inattentiveness or diminished coordination, dexterity or composure while performing duties could clearly result in mistakes that would
endanger the health and safety of others; and
(3) Employees in these positions work with such independence or perform such tasks that it cannot be safely assumed that mistakes could be prevented by a supervisor or other departmental employee.

Question 7

true/false: Once a position is designated sensitive, all appointees to that position must be informed and made aware of the CalHR substance abuse rules.

Answer 7

true

Question 8

May a person in a nonsenstive position be ordered to submit to ta chemical test?

Answer 8

no, the California Department of Human Resources rules do not permit the mandated substance testing of persons in nonsensitive positions

Question 9

May a person in a nonsensitive position provide a voluntary substance test?

Answer 9

yes

Question 10

Since a chemical test will not normally be part of the nonsensitive position investigation, it is essential that the supervisor’s final determination be based upon (3):

Answer 10

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

Question 11

Supervisors should/shall review the applicable MOU when dealing with a nonsensitive employee whom they suspect of substance abuse to determine if there is additional action they must take or are precluded from taking

Answer 11

shall

Question 12

Reasonable suspicion is the good faith belief based on (2):

Answer 12

(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

Question 13

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

Answer 13

confirming official

Question 14

Reasonable suspicion must be based on __, ___ ___ and/or ___

Answer 14

specific, identifiable facts and/or evidence

Question 15

It is incumbent upon the ___ to assess available facts and circumstances surrounding each event before determining that substance abuse may be the root cause.

Answer 15

supervisor

Question 16

Any determination of reasonable suspicion should/shall/must be made in good faith.

Answer 16

must

Question 17

It is incumbent upon the ___ to assess available facts and circumstances surrounding each event before determining that substance abuse may be the root cause

Answer 17

supervisor

Question 18

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

Answer 18

supervisor

Question 19

Furthermore, to preserve the integrity of any evidence gathered during a criminal investigation, the nature of the investigation should/shall be clearly explained to the employee, since participation in field sobriety tests, including the Preliminary Alcohol Screening device (PAS) test, is voluntary during a criminal investigation

Answer 19

should

Question 20

true/false: 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 20

true

Question 21

An occasion may arise when a departmental supervisor will receive an anonymous tip regarding an employee’s substance abuse. The following criteria shall apply when acting upon an anonymous tip (3):

Answer 21

(1) tips may be the basis for initiating closer observation of the employee to determine if other articulable facts or evidence exist which establish reasonable suspicion.
(2) an anonymous tip alone is not sufficient to order a substance test.
(3) Whether or not a test is authorized, an internal investigation may be initiated if appropriate

Question 22

Depending upon the circumstances, information from a reliable informant alone “could” be the foundation for reasonable suspicion. Why?

Answer 22

CalHR requires that the informant be a peace officer who is willing to publicly testify on behalf of management

Question 23

The role of this confirming official shall be to (4):

Answer 23

(1) Consider the facts and/or evidence and agree whether or not they support reasonable suspicion;
(2) Ensure accurate and proper application of the rules;
(3) Provide guidance and direction; and
(4) Authorize the substance test

Question 24

The purpose of substance testing is to determine ___
impairment rather than past behavior.

Answer 24

current

Question 25

Could information about an employee's actions several weeks earlier establish reasonable suspicion?

Answer 25

no, not unless this information is coupled with some contemporary behavior or incident(s) involving the employee

Question 26

true/false: All alcohol testing will be conducted using evidential breath testing devices

Answer 26

true

Question 27

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

Answer 27

urine

Question 28

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

Answer 28

both a urine and breath test

Question 29

Substance testing experts believe the best time to collect a sample is within ___ of the initial observation

Answer 29

two to four hours

Question 30

If transportation to an approved medical or custodial facility is necessary, who should transport the employee?

Answer 30

the supervisor who made the initial observation or another supervisor

Question 31

Uniformed employees should/shall be given the opportunity, under supervision, to change into civilian clothing before being transported to a collection site.

Answer 31

should

Question 32

true/false: If the supervisor does not collect the sample at the work location, then the urine sample may be collected by authorized medical or custodial personnel.

Answer 32

true, this individual must be of the same sex and will actually watch the urine leave the employee's body

Question 33

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 33

insubordination

Question 34

Is the employee entitled to representation during any conversation with the MRO?

Answer 34

yes

Question 35

Will urine tests be tested for alcohol?

Answer 35

no, because employees are required to submit to both urine and breath tests

Question 36

Throughout the substance testing process, which may span several days, the supervisor’s actions should be guided by the following (4):

Answer 36

(1) Safety of the employee and others; (2) Potential disciplinary action up to and including dismissal; (3) Proper enforcement of the state's substance abuse rules; and (4) Employee rights and privacy

Question 37

The following criteria will apply after a substance test has been conducted or the employee refuses to submit to a test when directed (5):

Answer 37

(1) If a peace officer is involved, 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 (2) Supervisors shall ensure the employee is provided with a memorandum describing their rights and responsibilities regarding the outcome of the test (3) Arrange to have the employee transported home. (4) Employees who refuse transportation or cannot care for themselves shall remain at the office until arrangements can be made with family, friends, etc. (5) If intoxication is so severe that it poses an immediate threat to others or to medical well-being, the employee should be transported to a custodial or medical facility, as appropriate.

Question 38

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

Answer 38

shall

Question 39

Employees should/shall be entitled to representation in any of their discussions with the Medical Review Officer (MRO) that occur subsequent to implementing this policy.

Answer 39

shall

Question 40

The employee should/shall receive a full copy of any test results

Answer 40

shall

Question 41

May an employee have the collected sample tested?

Answer 41

yes, at the employee's request and expense

Question 42

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

Answer 42

employee's

Question 43

It is possible that the urinalysis and/or discussions between the MRO and employee could result in the identification of some other medical condition not previously known to the Department and/or the employee. Should such a condition be revealed through the substance test, may the employee be directed to complete a fitness-for-duty examination?

Answer 43

yes, some of these conditions could jeopardize the employee's continued employment, since the Department has a responsibility to ensure public safety

Question 44

Should negative results be included in the employee's personnel file?

Answer 44

should not

Question 45

The supervisor who made the initial determination of reasonable suspicion must prepare a Reasonable Suspicion Report using the CHP ___

Answer 45

202X

Question 46

After completing the report, the supervisor must sign the document and submit it to the manager who approved the substance test who must review it for (2):

Answer 46

(1) It contains all necessary elements outlined in Annex A through Annex C of this chapter. (2) It is an accurate representation of the circumstances (either witnessed personally by the confirming official or related by the supervisor) that led to the decision to authorize the substance test

Question 47

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

Answer 47

Reasonable Suspicion Report

Question 48

The following four elements are considered essential to a complete and comprehensive report:

Answer 48

(1) A detailed description of the incident and/or circumstances initiating the reasonable suspicion. (2) The fact that substance abuse could not be ruled out after considering other possible causes, if any. (3) Supporting evidence resulting from closer observation of the employee's appearance and demeanor. This includes the results of any field sobriety tests, drug evaluations and/or medical screenings. (4) Names of other supervisors, employees, or witnesses who can verify or support the reasonable suspicion.

Question 49

true/false: if the test results are negative, the Reasonable Suspicion Report must be completed, reviewed, and a copy provided to the employee.

Answer 49

true