9.2

Question 1

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

Answer 1

Reasonable suspicion is supported by proper documentation
Employee’s rights are not violated
Sample is properly collected
Chain of custody is maintained (HPM 9.2 1-3)
Without these safeguards, the necessity and appropriateness of the test could successfully be challenged.

Question 2

What are the “six Cs” of substance abuse?

Answer 2

Consistency, Confirmation, Collection of sample, Chain of Custody, Control of Quality, Contracts HPM 9.2 1-4.

Question 3

There are three constitutional issues when it comes to substance abuse testing:

Answer 3

(1) Fourth amendment - search and seizure.
(2) Fifth amendment - self-incrimination.
(3) Fourteenth amendment - due process. HPM 9.2 2-3

Question 4

Substance abuse policy states that no state employee who is on duty or on standby for duty shall:

Answer 4

(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. HPM 9.2 3-3

Question 5

The following departmental classifications have been designated and approved as _______________ positions:
(1) All peace officers.
(2) All cadets.
(3) Automobile Mechanic.
(4) Automotive Technician series.
(5) Commercial Vehicle Inspection Specialist I and II.
(6) Public Safety Dispatcher and Public Safety Operator.
(7) Public Safety Dispatch Supervisor I and II.
(8) Gunsmith.
(9) Heavy Truck Driver.
(10) Lead Automobile Mechanic.
(11) Lead Motorcycle Mechanic.
(12) Motor Carrier Specialist I, II and III.
(13) Motorcycle Mechanic.
(14) School Pupil Transportation Safety Coordinator.

Answer 5

Sensitive HPM 9.2 4-3/4

Question 6

Can a supervisor require clerical personnel to submit to mandated substance testing if the supervisor has reasonable suspicion?

Answer 6

No- The California Department of Human Resources rules do not permit the mandated substance testing of persons in nonsensitive positions. Despite this requirement, there is nothing in the rule which precludes a nonsensitive employee from voluntarily submitting to a substance test. HPM 9.2 5-3

Question 7

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 7

confirming official HPM 9.2 6-3
confirming official will be the first designated manager in the supervisor’s chain of
command

Question 8

For the purposes of the Department’s substance testing program, the __________ ________ will be the first designated manager in the supervisor’s chain of command.

Answer 8

• Confirming Official (HPM 9.2 6-6)

Question 9

A positive substance abuse test will result from a blood alcohol level of ____ percent.

Answer 9

.04 (HPM 9.2 6-5)
Supervisors must remember, however, that any detected level of alcohol is prohibited by the statement of Inconsistent and Incompatible Activities.

Question 10

Substance Abuse. Use of the PAS device to establish reasonable suspicion (is/ is not) authorized.

Answer 10

is not (HPM 9.2 6-5)

Question 11

Substance Abuse. How shall ALL alcohol testing be conducted?

Answer 11

All alcohol testing will be conducted using evidential breath testing devices. HPM 9.2 7-3
CalHR discontinued the practice of obtaining a urine sample for ALCOHOL

Question 12

What kind of test should be used as the primary means of determining whether or not an employee has abused drugs?

Answer 12

urine HPM 9.2 7-3
At least 60 milliliters (approximately two fluid ounces) of urine is collected (to be split into two containers after collected) HPM 9.2 7-5

Question 13

Substance Abuse. Employees refusing to cooperate at any stage of the collection process may/should/shall be
ordered to cooperate and advised that failure to do so may subject them to disciplinary action
for insubordination. Do not attempt or threaten to use physical force to secure a sample.

Answer 13

Shall (HPM 9.2 7-6)

Question 14

Substance Abuse. After the sample has been collected, the command shall make notification to the substance testing coordinator at the OIA. The notification shall be emailed or faxed to OIA __________ hours after the specimen is collected.

Answer 14

no later than 48 hours HPM 9.2(7-7)

Question 15

If an employee tests positive for Marijuana and has a legitimate recommendation from a licensed physician, the MRO (will/ will not) consider marijuana to be a legal prescription.

Answer 15

will not HPM 9.2 7-8
any test which returns positive for marijuana will be considered evidence in support of a violation of the Department’s substance abuse policy.

Question 16

Substance Abuse. The employee is not entitled to representation during the testing process but does have the right to have a representative assist him/her to _________.

Answer 16

prepare a memorandum to the Medical Review Officer HPM 9.2 7-11

Question 17

In those instances where only alcohol is suspected, the employee should be returned to full duty the following day if ___________.

Answer 17

completely recovered from its effects. HPM 9.2 8-4

Question 18

Substance Abuse. The supervisor who made the initial determination of reasonable suspicion must prepare a _________________________________. Since there is an expectation of a __________ turnaround, this document may be handwritten or typewritten.

Answer 18

Reasonable Suspicion Report using the CHP 202X / 48-hour HPM 9.2 11-3
Supervisors are not required to provide the employee with immediate documentation of the cause for reasonable suspicion.

Question 19

Substance Abuse. A Reasonable Suspicion Report ______________ be completed whenever a determination of reasonable suspicion of workplace substance abuse leads to substance testing.

Answer 19

Shall HPM 9.2 11-4