HPM 9.2

Question 1

What must supervisors ensure for the substance test to be effective?

Answer 1

• Reasonable suspicion is supported by proper documentation
• The sample is properly collected
• The chain of custody is maintained
• The employee’s rights are not violated

These elements are critical for the validity of substance testing in the workplace.

Question 2

What is the role of managers in the substance testing process?

Answer 2

Managers must be involved as confirming officials before any sample can be collected and ensure the policy is properly applied.

Their involvement is crucial to maintain the integrity of the testing process.

Question 3

What should all departmental employees do if they suspect a co-worker is involved in substance abuse?

Answer 3

Alert a supervisor.

This is important due to the serious consequences of substance abuse in the workplace.

Question 4

What are the critical elements for a successful substance testing program?

Answer 4

• Consistency
• Confirmation
• Collection of Sample
• Chain of Custody
• Control of Quality
• Contracts

These elements ensure the program is justified and properly applied.

Question 5

What does consistency in the substance testing program require?

Answer 5

Decisions to test must be made based solely on facts and evidence and administered consistently.

Deviation from established procedures could jeopardize the integrity of the test.

Question 6

What must happen before a sample is obtained in the substance testing process?

Answer 6

The supervisor’s foundation for reasonable suspicion must be approved by a specified departmental manager.

This approval can be given by telephone if the manager is not on scene.

Question 7

What is required for the collection of a sample in substance testing?

Answer 7

The sample must be properly collected and analyzed to ensure it is unadulterated.

Many techniques exist to undermine the integrity of the test, so proper collection is vital.

Question 8

What is the chain of custody in substance testing?

Answer 8

A documented process that tracks all individuals who handle the sample to avoid tampering.

The number of persons handling the sample should be limited to maintain its integrity.

Question 9

What is meant by control of quality in substance testing?

Answer 9

The Department must ensure the laboratory meets accepted scientific standards and that testing is accurate.

Regular audits of the testing procedures are necessary to maintain quality.

Question 10

What is the definition of a sensitive position regarding substance testing?

Answer 10

Any peace officer and positions where drug or alcohol use could endanger health and safety.

Sensitive positions require a greater level of trust and responsibility.

Question 11

Under what circumstances can employees in sensitive positions be tested for substance abuse?

Answer 11

When there is reasonable suspicion they have violated the substance abuse policy.

This applies only to employees in sensitive positions as defined by the policy.

Question 12

What does the California Department of Human Resources policy state about state employees on duty regarding substance use?

Answer 12

They shall not use, possess, or be under the influence of illegal drugs or alcohol that impairs their ability to perform duties.

This policy aims to ensure safety and effectiveness in the workplace.

Question 13

What is reasonable suspicion?

Answer 13

A good faith belief based on specific articulable facts that an employee may have violated the substance abuse policy.

It requires approval from a confirming official after considering the facts.

Question 14

What should supervisors do if they suspect substance abuse in nonsensitive positions?

Answer 14

Conduct a thorough investigation into the actions leading to the suspicion.

While they cannot order a chemical test, they must still take prompt action.

Question 15

What factors should supervisors consider for determining substance abuse?

Answer 15

• Articulable facts
• Close observation
• Good faith

These criteria help establish a reasonable suspicion for further action.

Question 16

What is the role of a confirming official in the substance testing process?

Answer 16

• Consider facts and evidence for reasonable suspicion
• Ensure proper application of rules
• Provide guidance
• Authorize the substance test

This official cannot be the immediate supervisor of the suspected employee.

Question 17

What does the testing process require from the moment reasonable suspicion is developed?

Answer 17

The employee should remain under continual supervisory observation until a sample is provided.

This ensures integrity in the sample collection process.

Question 18

Fill in the blank: Employees suspected of being under the combined influence of alcohol and a drug(s) are required to submit to both a _______ and _______ test.

Answer 18

urine; breath

This requirement ensures comprehensive testing for substance use.

Question 19

What must an employee do before providing a urine sample?

Answer 19

Remain under continual supervisory observation and not void their bladder until the sample is collected.

This ensures the integrity of the sample collection process.

Question 20

What is the minimum amount of urine that must be collected for testing?

Answer 20

At least 60 milliliters (approximately two fluid ounces).

This amount is to be split into two containers after collection.

Question 21

Describe the atmosphere in which a sample should be collected.

Answer 21

An atmosphere of dignity and reasonable privacy, with the supervisor’s direct observation.

The office restroom may be used if arrangements prevent other employees from entering.

Question 22

What is the first step a supervisor must take before collecting a urine sample?

Answer 22

Obtain a sample kit provided by the Department.

This kit contains all necessary materials for sample collection.

Question 23

What should a supervisor do if an employee is unable to provide a urine sample immediately?

Answer 23

Allow a reasonable waiting period; if still unable, treat it as a refusal, presuming impairment.

This emphasizes the importance of patience in the collection process.

Question 24

Who should transport an employee suspected of substance abuse to a medical facility?

Answer 24

The supervisor who made the initial observation or another supervisor if necessary.

This minimizes the number of persons involved and maintains observation.

Question 25

What should a supervisor do if authorized medical personnel refuse to collect a sample?

Answer 25

The supervisor must personally collect the sample or arrange for another supervisor of the same sex to do so. ## Footnote Direct observation during collection is essential.

Question 26

What happens to negative samples after testing?

Answer 26

They are securely stored for three weeks before being destroyed. ## Footnote This ensures that samples are available for a period in case of disputes.

Question 27

What is the procedure for notifying the Substance Testing Coordinator after sample collection?

Answer 27

The command must notify the coordinator using Annex C no later than 48 hours after collection. ## Footnote Timely notification is crucial for maintaining the integrity of the testing process.

Question 28

What should be MRO do if a test returns positive results?l

Answer 28

The MRO will evaluate the results and attempt to contact the employee for further information. ## Footnote The employee has the right to representation during this process.

Question 29

What is the consequence of an employee refusing to cooperate during the sample collection process?

Answer 29

They may face disciplinary action for insubordination. ## Footnote Cooperation is mandatory in the substance testing process.

Question 30

What is the procedure for alcohol testing according to the document?

Answer 30

Use scientifically proven methods, including urinalysis or breath sample testing. ## Footnote Breathalyzer results must be confirmed before being considered positive.

Question 31

What should a supervisor do if an employee is suspected of alcohol use?

Answer 31

Use a breathalyzer test; if results are .00/.00%, secure a urinalysis test. ## Footnote This helps determine the cause of impairment accurately.

Question 32

What must supervisors do if an employee is suspected of substance abuse?

Answer 32

Keep the employee under continuous observation until the sample is collected. ## Footnote This prevents dilution or contamination of the sample.

Question 33

What should be included in the collection kits for urine sample collection?

Answer 33

* Specimen bottle * Chain of custody form * Shipping envelope * Courier service waybill * Substance Testing Action Checklist * Notification to Substance Testing Coordinator * Authorization form (CalHR 177) ## Footnote These items are necessary for proper sample collection and transportation.

Question 34

What is the appropriate action if an employee refuses to submit to a substance test?

Answer 34

Inform the employee that refusal may lead to adverse action and possible termination. ## Footnote Refusal to test is treated seriously within the organization.

Question 35

What must be done with positive samples after testing?

Answer 35

They must be securely stored and frozen for one year to allow for retesting if necessary. ## Footnote This preserves the integrity of the sample for appeals or legal challenges.

Question 36

What are the employee's rights regarding the results of a substance test?

Answer 36

The employee must be provided with a memorandum explaining their rights and responsibilities. ## Footnote This ensures transparency in the testing process.

Question 37

What should be done immediately after a urine sample is collected?

Answer 37

Visually inspect the specimen for contamination and note the temperature. ## Footnote This helps verify the sample's validity.

Question 38

What is the role of the Medical Review Officer (MRO) in the testing process?

Answer 38

To evaluate test results and communicate them to the appropriate parties. ## Footnote The MRO plays a critical role in interpreting test outcomes.

Question 39

What must be provided to an employee after giving a urine sample?

Answer 39

A memorandum explaining the supervisor’s role and the employee’s rights relative to substance testing ## Footnote Refer to Annex B for details

Question 40

HPM 9.2 What should accompany the memorandum provided to the employee?

Answer 40

A list of items explaining substance testing, results, and employee assistance ## Footnote Refer to Annex C for details

Question 41

HPM 9.2 What happens if the test results are negative?

Answer 41

The employee shall be returned to full duty and dock time adjusted to paid status

Question 42

Who should be consulted if the test results are positive?

Answer 42

The Office of Internal Affairs (OIA) through the chain of command

Question 43

What are employees entitled to during interrogative interviews related to substance testing?

Answer 43

Representation during any interrogative interviews that could lead to adverse action

Question 44

Can a supervisor make initial contact with an employee suspected of substance abuse?

Answer 44

Yes, in a confidential interview setting to ask about abnormal behavior

Question 45

When should interrogations typically occur in relation to sample collection?

Answer 45

After the sample is collected or at a later date when additional information is known

Question 46

Are employees entitled to representation during the collection of the sample?

Answer 46

No, unless specifically permitted in the MOU

Question 47

What must an employee do if they want to provide information to the Medical Review Officer (MRO)?

Answer 47

Mail information 'Personal and Confidential' to OIA, Attention: Medical Review Officer

Question 48

Who evaluates positive test results from a medical perspective?

Answer 48

One or more Medical Review Officers (MRO) contracted by the Department

Question 49

What must be maintained confidentially according to the Department's rules?

Answer 49

Records of circumstances and results of any employee tested

Question 50

Who can receive information pertaining to an employee's substance test?

Answer 50

The employee tested, designated individuals, the Medical Review Officer, CalHR, and individuals needing records for supervision or legal purposes

Question 51

What happens to negative test results in terms of personnel files?

Answer 51

They should not be included in the employee's personnel file unless requested by the employee

Question 52

How long are positive test results maintained?

Answer 52

For a period of five years

Question 53

What is the supervisor's responsibility regarding the Reasonable Suspicion Report?

Answer 53

To prepare the report using CHP 202X within 48 hours of determining reasonable suspicion

Question 54

What four elements are essential to a complete Reasonable Suspicion Report?

Answer 54

* Detailed description of the incident * Substance abuse could not be ruled out * Supporting evidence from observations * Names of supervisors or witnesses

Question 55

What must be attached to the Reasonable Suspicion Report when received?

Answer 55

The written test results

Question 56

What happens to negative test results in terms of documentation?

Answer 56

They will be recorded and maintained as confidential material by the OIA for two years

Question 57

What is the retention policy for voluntary testing reports?

Answer 57

Retained according to the incident or until related litigation is adjudicated

Question 58

Who is exempt from the substance testing policy?

Answer 58

Peace officers authorized to drive certain vehicles while participating in a substance abuse detection program

Question 59

If, after _______ days, the MRO is unable to reach the employee directly (and no exculpatory information was provided by the employee via memorandum), the test will be considered “positive by non-contact.”

Answer 59

7

Question 60

What is the role of the confirming official?

Answer 60

1. Consider the facts and/or evidence and agree whether they support reasonable suspicion. 2. Ensure accurate and proper applying the rules 3. Provide guidance and direction 4. Authorize the substance test