9.2 Substance Abuse Testing

Question 1

What does NIDA stand for?

Answer 1

S3

National Institute on Drug Abuse

Question 2

Who plays the most important role in any successful substance testing program

Answer 2

The first line supervisor

Question 3

For the substance test to be effective, the supervisor must ensure what?

Answer 3

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.

Question 4

Prior to any sample being obtained, reasonable suspicion must be approved by who?

Answer 4

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.

Question 5

What are 3 constitutional issues involved in substance abuse testing?

Answer 5

4th Amendment (protection against illegal search and seazure) 5th amendment (protection against self incrimination, and the 14th amendment (guarantees the right to due process)

Question 6

What should the employee be told upon reasonable suspicion of substance abuse?

Answer 6

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.

Question 7

What procedures will be followed for the purpose of imposing discipline?

Answer 7

The same prodecures as in any other types of misconduct.

Question 8

Does the DPA policy on substance abuse apply to employee’s on duty, OFF duty or both?

Answer 8

On duty only, or while on standby.

Question 9

If a conflict occurs between DPA rules and an MOU, which takes precedence?

Answer 9

The MOU will always take precedence.

Question 10

When may an employee VOLUNTARILY submit to a substance testing?

Answer 10

At any time.

Question 11

What is required by the employee for a voluntary test and who pays for it?

Answer 11

Written documentation with the employee’s signature stating the testing is voluntary and the department whall pay for the testing.

Question 12

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

Answer 12

No, however, administrative action may be taken based on other requirements.

Question 13

For unit 5 employee’s, how many actual samples shall be taken?

Answer 13

2 samples shall be taken.

Question 14

May anonymous sources be used as the sole basis for reasonable suspicion?

Answer 14

No the anonymous information must be supported or corroborated.

Question 15

Does the employee have the right to know what the reasonable suspicion is based on?

Answer 15

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?

Question 16

Does the employee have the right to have the details of the basis for reasonable suspicion provided to hime in writing?

Answer 16

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.

Question 17

When does the employee have the right to the written test results and the chain of custody documentation?

Answer 17

Within 3 working days of the receipt of these documents by the management.

Question 18

Under what circumstances shall negative test results be placed in the employee’s personnel file?

Answer 18

Only when requested by the employee

Question 19

Are all state employee’s subject to substance testing pursuant to DPA rules?

Answer 19

No, only employee’s that are determined to be in SENSITIVE positions.

Question 20

For a NON sensitive employee, how should potential substance abuse be investigated?

Answer 20

In accordance whith 10.2, internal investigations or 10.4, citizen’s complaint investigation.

Question 21

Under what circumstances may Random testing be conducted?

Answer 21

DPA rules do not provide for a random testing under any circumstances.

Question 22

May a PAS test be used to establish reasonable suspicion?

Answer 22

Yes

Question 23

What is necessary from a reliable informant in order to use the information to determine reasonable suspicion?

Answer 23

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.

Question 24

What test has the DPA determined to be the primary test for drug/alcohol testing?

Answer 24

Urine test.

Question 25

During what time period should the employee be under the continual supervisory observation?

Answer 25

From the time reasonable suspicion is developed until the time the emplayee provides a sample.

Question 26

If an employee must be transported to a different location for the testing, who shall accompany the employee?

Answer 26

The supervisor that developed reasonable suspicion should, however if he cannot another Supervisor shall be designated.

Question 27

What should the supervisior advise the employee if he refuses to provide a sample?

Answer 27

Supervisor shall order the employee to provide a sample or the employee will be subject to disciplinary action for insubordination.

Question 28

Under what circumstances shall a supervisor take and secure a uniformed emplayees duty weapon?

Answer 28

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.

Question 29

Since the employee is suspected of substance abuse and is incapable of performing his duties, how should the remainder of the day be documented?

Answer 29

The emplyee should be placed on DOCK status. This would include when the employee refused to submit to testing.

Question 30

If a peace officer is involved what happens to his peace officer powers?

Answer 30

His peace officer powers are immediately suspended along with all requestes for secondary employmnet. Allstate equipment shall also be surrendered.

Question 31

Does the employee have the rights to representation during the collection of the sample?

Answer 31

Not unless it is specifically permitted in the employee’s MOU.

Question 32

A written copy of the information that lead to reasonable suspicion should be provided to the employee within what period of time?

Answer 32

The written information should be provided to the employee within 48 hours.

Question 33

Is it necessary to complete the reasonable suspicion report if the rest comes back negative?

Answer 33

yes, it must be completed, reviewed and a copy provided to the employee.

Question 34

How many positions have been deemed sensitive?

Answer 34

14

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.

Question 35

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?

Answer 35

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.

Question 36

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.

Answer 36

True

Question 37

The confirming Official can be the suspected employee’s immediate supervisor T/F

Answer 37

false

Question 38

How much urine must be obtained for a substance abuse test?

Answer 38

60 milliliters

(approximately 2 fluid ounces)

Question 39

If alcohol is suspected, according to DPA rules, what is the required chemical test?

Answer 39

Urine

Question 40

May information from a reliable source be enough to establish reasonable suspicion?

Answer 40

Yes, but the person must be a peace officer.