Quiz Flashcards
(44 cards)
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.
supervisor / supervisor
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.
True
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.
True
In substance testing, what are the 6 critical elements of the program to be successful.
Consistency Confirmation Collection of sample Chain of custody Control of custody Contracts
The 4th Ammendment protects persons from?
Search and seizure
The 5th Ammendment protects persons from
Self-incrimination
The 14th Ammendment protects a persons right to
Due process
___________ 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
Liability
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.
True
___________ 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 ________________.
Liability / negligent supervision
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.
Public Safety Officers Procedural Bill of Rights
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
Shall
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.
True
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.
MOU
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.
False
Who is the only job class NOT considered sensitive employees?(key is “safety”)
Clerical
T or F: CalHR rules do not permit the mandated substance testing of non-sensitive positions.
True
When establishing reasonable suspicion, reasonable suspicion is based upon:
Articulable facts, close observation and good faith
Adverse action __________ be sought when there is reasonable suspicion for substance abuse. Penalty _________ be consistent with the circumstance.
Should / should
____________________ 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.
Reasonable suspicion.
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.
True
An anonymous tip alone is enough to order a substance abuse test.
Falses
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
True
The confirming official ______________ be the employees immediate supervisor or the person making the initial observation.
Shall not