Flashcards in Manual Questions Deck (30)
What are responsibilities of a Sgt. when substance testing? (4)
1. Reasonable suspicion is supported by proper documentation;
2. The sample is properly collected;
3. The chain of custody is maintained;
4. The employee's rights are not violated.
The 14th amendment affords due process to all, this demands that when testing an employee they must be told the following three things ______. HPM 9.2
This means the employee must be made aware of the exact reasons for the Department's actions.
The consequences of a positive test result and/or what action the Department will take if the employee refuses to submit to the requested test.
The Department must also take necessary precautions to ensure the sample is properly collected, identified, and analyzed
All of the following general characteristics must be present in the non-peace officer positions for them to be designated sensitive. HPM 9.2
(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 such as those described in paragraph 2.a.(2) above could be prevented by a supervisor or other departmental employee.
Reasonable suspicion is typically triggered by something that is abnormal about the employee's behavior which attracts the supervisor's attention. This can include the following four things _______. HPM 9.2
1. An industrial accident.
2. Unusual demeanor or appearance.
3. Atypical behavior.
4. Abnormal work performance.
Supervisors investigating suspected substance abuse must remain aware of possible criminal violations (i.e., 11377 Health and Safety Code [H&S], 11350 H&S, 23152a/b Vehicle Code). If the supervisor believes criminal violations(s) exist, a criminal investigation should be conducted prior to the administrative investigation. What are the five critical points to keep in mind when working a criminal investigation parallel to an administrative investigation? HPM 9.2
Every effort should be made to maintain a separation between the criminal and administrative investigations. (Refer to Highway Patrol Manual [HPM]10.2, Internal Investigations Manual.)
Furthermore, to preserve the integrity of any evidence gathered during a criminal investigation, the nature of the investigation should 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.
After the criminal investigation is completed, the administrative investigation can be started.
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.
Criminal arrest/investigation reports involving nonuniformed employees may not be used to support an administrative investigation unless the incident described in the report resulted in a conviction. In these instances, administrative investigators may conduct interviews of criminal investigators to gather evidence in support of the administrative investigation.
Employees suspected of being under the combined influence of alcohol and a drug(s) are required to submit to _______ test(s). HPM 9.2
both a urine and breath
If the Substance Abuse Investigation Interview is conducted, 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 medical attention should be asked. Deviation from this could lead to incriminating questions being asked, resulting in a possible violation of POBR. Examples of questions which may be acceptable are listed below: HPM 9.2
(1) Are you sick or injured?
(2) Do you have a medical condition which may be causing the impairment?
(3) When did you last sleep? Eat?
(4) Did you bump your head?
(5) Are you currently under the care of a doctor or dentist?(6) Have you taken any medication or drugs?
(7) Do you feel the effects of the medication or drugs?
Before and during the collection of urine sample, the supervisor shall follow ten steps: HPM 9.2
(1) Obtain a sample kit provided by the Department;(2) Open the plastic bag and locate the checklist form (Annex A);(3) Ensure all required items are included;(4) Read the instructions on the checklist;(5) Fill out chain of custody form and seal;(6) Collect the sample in the container provided in the kit;(7) Ensure at least 60 milliliters (approximately two fluid ounces) of urine is collected (to be split into two containers after collected);(8) Secure the sample in a locked evidence locker;(9) Make arrangements with the designated courier service to have the sample transported to the laboratory.(10) Notify the Office of Internal Affairs (Attention: Substance Testing Coordinator) of the sample collection.
NOTE: Supervisors should realize that an employee may not be able to provide a urine sample immediately. A reasonable waiting period should 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.
After the sample has been collected, the command shall make notification to the substance testing coordinator at the Office of Internal Affairs (OIA). The notification shall be _________. HPM 9.2
emailed or faxed to OIA no later than 48 hours after the specimen is collected
An employee may claim that a test which returns positive for marijuana is the result of a legitimate recommendation from a licensed physician, in this case the Medical Review Officer will ______ marijuana to be a legal prescription. HPM 9.2
Accordingly, any test which returns positive for marijuana will be considered evidence in support of a violation of the Department’s substance abuse policy.
Under the Departmental substance testing policy, testing for the following classes of drugs and/or their metabolites will be conducted: HPM 9.2
(1) Amphetamines and methamphetamines. (2) Cocaine.(3) Marijuana/Cannabinoids (THC).(4) Opiates (narcotics).(5) Phencyclidine (PCP). (6) Barbiturates.(7) Benzodiazepines.(8) Methaqualone.(9) Alcohol.
Supervisors shall use the breathalyzer when only alcohol abuse is suspected. If the breathalyzer results are .00/.00% Blood Alcohol Content, a urinalysis test _______ be secured to determine the cause of impairment. HPM 9.2
Should a supervisor suspect on-duty substance abuse or
intoxication of an employee in a nonsensitive position, what prompt action is required. HPM 9.2
A thorough investigation into the actions/circumstances which led to the suspicion of substance abuse.
(1) Articulable facts;
(2) Close observation; and
(3) Good faith.
Supervisors shall not attempt to elicit a chemical test from “non-sensitive” employee.
Such an investigation and any subsequent action taken shall be done in accordance with Highway Patrol Manual (HPM) 10.2, Internal Investigations Manual.
A complaint from a citizen should be investigated consistent with HPM 10.4, Citizens' Complaint Investigations.
T/F: After the criminal investigation is completed, the administrative investigation can be started. 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. HPM 9.2
Per California Labor Code Section 432.7, criminal arrest/investigation reports involving nonuniformed employees may not be used to support an administrative investigation unless the incident described in the report resulted in a conviction. In these instances, administrative investigators may ___________. HPM 9.2
conduct interviews of criminal investigators to gather evidence in support of the administrative investigation.
T/F: A PAS device can be used to establish reasonable
suspicion of alcohol abuse. HPM 9.2
The California Department of Human Resources (CalHR) requires that the reliable informant be a/an _________. HPM 9.2
Peace officer who is willing to publicly testify on behalf of management, should that become necessary.
* requires that the employee in question be told who the
informant is, what the informant said, and be given an opportunity to respond to this as part of the determination of reasonable suspicion.
The CalHR requires that each initial determination made
by a supervisor be approved by the Commissioner or the Commissioner’s designee. For the purposes of the Department's substance testing program, a
confirming official will be the __________. HPM 9.2
First designated manager in the supervisor's chain of
The role of this confirming official shall be to: HPM 9.2
(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
(4) Authorize the substance test.
In _______ shall the confirming official be the suspected
employee's immediate supervisor or the person who made the initial observation leading to reasonable suspicion. HPM 9.2
The substance testing process is a very serious
procedure, throughout that period the supervisor
should base his/her actions on concern for all of the following four things ________. HPM 9.2
(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.
When a supervisor first contacts the employee after developing a reasonable suspicion, he/she must take control of the situation. Upon initially contacting the
employee, the supervisor should follow the nine steps laid out in HPM 9.2. HPM 9.2
(1) Inform the employee of the observations and why they are cause for concern.
(2) Listen to the employee's explanation and give it appropriate consideration before reaching a decision to test.
(3) Maintain as much privacy and confidentiality as possible.
(4) Be direct, factual, firm, calm, and professional.
(5) Avoid apologizing for the actions or engaging in pointless debate or discussion.
(6) If the employee is threatening or violent, seek the assistance of another supervisor or manager before continuing with the process.
(7) Seek medical help immediately if the employee's condition warrants it.
(8) Keep the employee under continual observation until the sample is collected or the decision is made not to test. Do not allow the employee to consume large amounts of liquid and note any unusual actions. This is a
critical step in the process. The employee must not be given the opportunity to dilute the urine sample or to make preparations to either beat the test or
contaminate the sample.
(9) Do not allow the employee to converse with fellow workers.
After initial discussions with the employee, the supervisor's reasonable suspicion of substance abuse may still exist. If this is the case, this reasonable suspicion must be approved by the confirming official. Once this has been accomplished, the supervisor should complete the following six items _____________. HPM 9.2
(1) Inform the employee that a decision has been reached to administer a substance test.
(2) Assure the employee that the sample will be collected in a proper setting.
(3) Advise the employee of the possible consequences of a positive test, which could include termination from state service.
(4) If the employee refuses to cooperate, inform him/her that this refusal will result in a request for adverse action and could lead to termination from state service.
(5) Make arrangements for testing and, if necessary, transportation.
(6) If a uniformed employee is involved, take and secure the employee’s duty belt and weapon until such time as the employee is released to duty.
According to the Internal Investigations Manual, Chapter 2, the following criteria will apply after a substance test has been conducted or the employee refuses to submit to a
test when directed this criteria could entail the following five items _______.
(1) If a peace officer is involved, his/her peace officer powers will be immediately suspended along with any request of secondary employment
(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) If the employee refuses transportation, the employee shall be kept at the office until arrangements can be made with family, friends, etc.
(5) If the intoxication is so severe that it poses an immediate threat to others or to the medical well-being of the employee, he/she should be transported to a
custodial or medical facility as appropriate.
T/F: Unless specifically permitted in the MOU, an employee is not entitled to representation during the collection of the sample. HPM 9.2
A Reasonable Suspicion Report shall be completed whenever a determination of reasonable suspicion of workplace substance abuse leads to substance testing; it should include the following four items_______. HPM 9.2
(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.
NOTE: When a criminal investigation is conducted, a Reasonable Suspicion Report shall be completed.
Positive samples shall be stored and frozen at -20 degrees centigrade or lower for one year. Upon notification of challenge the positive sample will be ____ ____.
DPA rules requires that the observations which led to reasonable suspicion be documented and a copy given to affected employee. The Department requires that this documentation be provided within ____ hours except when not reasonable or where other time frames are dictated by MOU.
The supervisor who made the initial determination/observation of reasonable suspicion is required to complete the _______. The report is submitted to the manager who approved the substance test ASAP.
CHP 202 Reasonable Suspicion Report