Substance Misuse Testing and Welfare Support Policy and ......2. Improve perceptions of order and community cohesion 3. Focus on community priorities 4. Demonstrate professionalism

Not Protectively Marked

Substance Misuse Testing and Welfare Support Policy and Procedure - - P42:2005 v2.4 1

Reference No. P42:2005

Implementation date September 2006

Version Number 2.5

Linked documents

Reference No: Name.

P13:2006 Alcohol Misuse Testing and Welfare Support Policy and Procedure

P12:2007 Association Declaration Procedure

P22:2004 Health and Safety Policy and Procedure

P27:2003 Health and Wellbeing Procedure

P26:2004 Private Medical Intervention Procedure

P20:2004 Revelation and Disclosure of Police Misconduct

P09:2000 Support for Persons Reporting Wrongdoing

P27:2009 Vetting Policy and Procedure

Suitable for Publication Policy Section Yes Procedure Section Yes

Protective Marking Not Protectively Marked

PRINTED VERSIONS SHOULD NOT BE RELIED UPON. THE MOST UP TO DATE VERSION CAN BE FOUND ON THE FORCE INTRANET POLICIES SITE.

Substance Misuse Testing and Welfare

Support Policy and Procedure


Substance Misuse Testing and Welfare Support Policy and Procedure P42:2005 V2.5

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Table of Contents

1 Policy Section ....................................................................................................................... 3

1.1 Statement of Intent – Aim and Rationale ......................................................................... 3

1.2 Our Visions and Values ................................................................................................... 4

1.3 People, confidence and Equality ...................................................................................... 5

2 Standards .............................................................................................................................. 5

2.1 Legal Basis ...................................................................................................................... 5

2.2 People, Confidence and Equality Impact Assessment ..................................................... 6

2.3 Any Other Standards ....................................................................................................... 6

2.4 Monitoring / Feedback ..................................................................................................... 6

3 Procedure Section ................................................................................................................ 8

3.1 Principle Content ............................................................................................................. 8

3.2 Part 1 – Responsibilities including welfare support and risk assessments....................... 8

3.3 Supervisors and Managers (including risk assessment process) .................................. 10

3.4 Welfare and Counselling Unit and Occupational Health Department ............................. 10

3.5 Other available support .................................................................................................. 11

3.6 Part 2 – Substance Misuse (self-declaration) ................................................................ 11

3.7 Pre-employment Testing ................................................................................................ 12

3.8 Probationer Testing........................................................................................................ 12

3.9 Safety Critical Posts ....................................................................................................... 12

3.10 Vulnerable Posts ............................................................................................................ 13

3.11 ‘With Cause’ Testing (including extended sampling)...................................................... 14

3.12 Testing Procedure.......................................................................................................... 14

3.13 Split Samples ................................................................................................................. 15

3.14 Screening of Samples .................................................................................................... 16

3.15 Test results following laboratory analysis ....................................................................... 16

4 Consultation and Authorisation ........................................................................................ 18

4.1 Consultation ................................................................................................................... 18

4.2 Authorisation of this version ........................................................................................... 18

5 Version Control ................................................................................................................... 18

5.1 Review ........................................................................................................................... 18

5.2 Version History .............................................................................................................. 18

5.3 Related Forms ............................................................................................................... 19

5.4 Document History .......................................................................................................... 19

Appendix A ................................................................................................................................. 20



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1 Policy Section

1.1 Statement of Intent – Aim and Rationale

This policy applies to all Police Officers, Special Constabulary, Volunteers and Police Staff. For the purposes of this policy these groups will collectively be referred to as ‘staff’ unless it is necessary to be more specific to comply with explicit Home Office advice. The primary purpose of this policy is to ensure our workforce is free from the risk of substance misuse, as any person who misuses drugs is at risk of harm. This includes not only illegal drugs but also the misuse of prescribed drugs and non-prescribed preparations. The risk also extends to family and friends, work colleagues and the wider general public who we come into contact with. The misuse of drugs can also lead to reduced efficiency, increased risk of accidents, higher sickness absence and potential misconduct. The Force will undertake testing of staff in posts where the physical risk to and safety of individuals, colleagues or members of the public would be significantly raised if the post holder were involved in substance misuse. This will include ‘with cause’ testing where there is reasonable cause to suspect that an individual is misusing drugs. This policy also reflects Dorset Police’s commitment to providing a working environment that gives consideration to the health, welfare and wellbeing of all staff working within it and providing help to those who volunteer that they may have a substance misuse problem. Dorset Police wishes to emphasise the duty of care owed to its staff and to demonstrate a desire to enhance public confidence in the service it provides. Drug testing also supports the ethos of individual and managerial responsibility and accountability. All staff are responsible for challenging any type of substance misuse within the workplace.

Specifically this policy aims to:-

Ensure that the public are protected, safe and feel safe;

Ensure that all staff are able to achieve policing excellence and provide the highest quality service;

Preserve and enhance the health, safety and welfare of all staff in matters relating to drug misuse;

Provide advice, assistance and guidance to staff affected by drug misuse;

Provide guidance, education and training to supervisors and managers who may be confronted by problems or incidents associated with drug misuse within the workplace;

Ensure that the policy is fairly implemented across the organisation and

Minimise the potential for corruption of any member of Dorset Police due to their vulnerability to it caused by their substance misuse.

Testing regimes will be proportionate to the problem and will not be of a scale that implies a lack of trust in the professionalism of the police service, or of a nature that might undermine the existing sense of responsibility to alert senior officers to signs



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that a member of staff might have a substance problem. The testing regime has also been designed to:-

Minimise the chances of substance misusers entering Dorset Police;

Deter individuals from substance misuse through the application of this policy that makes detection a real prospect;

Encourage those with a substance misuse problem to identify themselves so that they can be supported in seeking treatment;

Screen individuals in certain posts so as to minimise any risk of operations being prejudiced by impaired judgement and

Protect individuals in posts in which they may be vulnerable to malicious allegations of substance misuse.

This policy/procedure applies to all police staff employed by both the Chief Constable and the Police and Crime Commissioner. Therefore, there may be occasions when the Police and Crime Commissioner requires access to specialist HR resources/skills employed by the Chief Constable to support the agreed processes.

1.2 Our Visions and Values

Dorset Police is committed to the principles of “One Team, One Vision – A Safer Dorset for You” Our strategic priority is to achieve two clear objectives:

To make Dorset safer

To make Dorset feel safer In doing this we will act in accordance with our values of:

Integrity

Professionalism

Fairness and

Respect

National Decision Model The National Decision Model (NDM) is the primary decision-making model used in Dorset Police. The NDM is inherently flexible and is applied to the development and review of all policy, procedure, strategy, project, plan or guidance. Understanding, using and measuring the NDM ensures that we are able to make ethical (see Code of Ethics), proportionate and defensible decisions in relation to policy, procedure, strategy, project, plan or guidance. Code of Ethics The Code of Ethics underpins every day policy, procedures, decision and action in policing today. The Code of Ethics is an everyday business consideration. This document has been developed with the Code of Ethics at the heart ensuring consideration of the 9 Policing principles and the 10 standards of professional



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behaviour. Monitoring is carried out through the Equality Impact Assessment process which has been designed to specifically include the Code of Ethics.

1.3 People, confidence and Equality

This document seeks to achieve the priority to make Dorset feel safer by securing trust and confidence. Research identifies that this is achieved through delivering services which:

1. Address individual needs and expectations

2. Improve perceptions of order and community cohesion

3. Focus on community priorities

4. Demonstrate professionalism

5. Express Force values

6. Instil confidence in staff

This document also recognises that some people will be part of many communities defined by different characteristics. It is probable that all people share common needs and expectations whilst at the same time everyone is different. Comprehensive consultation and surveying has identified a common need and expectation for communities in Dorset to be:-

- Listened to - Kept informed - Protected, and - Supported.

2 Standards

2.1 Legal Basis

This policy takes its legal basis from the Police (Amendment No.2) Regulations 2012

which amends in part the preceding 2003 Regulations and also Home Office Circular 11/2012 ‘Testing police officers for substance misuse’. For police staff, the management of health and safety issues is incorporated within the Police Staff Handbook.

It does not preclude any action taken under the statutory duties of an individual in

relation to the Road Traffic Act 1988 and the Misuse of Drug Act 1971 or any other statutory provisions in relation to substance misuse.



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2.2 People, Confidence and Equality Impact Assessment

During the creation of this document, this business area is subject to an assessment

process entitled “People, Confidence and Equality Impact Assessment (EIA)”. Its aim is to establish the impact of the business area on all people and to also ensure that it complies with the requirements imposed by a range of legislation.

2.3 Any Other Standards

This policy is subject to an assessment process to establish its impact in relation to the

requirements imposed by a range of legislation that might be affected by its implementation.

The Health Safety and Welfare at Work Act 1974 places a duty on employers, so far as is reasonably practicable, to safeguard the health, safety and welfare of their employees while they are at work. Dorset Police is duty bound to ensure that staff are fit to carry out their duties in a safe and effective manner. Misuse of illegal and prescribed drugs may result in damage to the health and safety of the individual concerned and pose a risk to any other colleague or member of the public that person may come into contact with;

This policy complies with Home Office Circulars 45/2005 and 11/2012 ‘Testing police officers for substance misuse’;

The Code of Conduct places a responsibility on police officers to challenge and report wrongdoing, which includes any instances or occurrences under this policy. Whilst only legislated to police officers, the Force Tactical Plan makes it clear that this responsibility rests with all members of Dorset Police, including Police Staff, Special Constables and Volunteers;

Access to Medical Records Act 1988 which establishes a right of access by individuals to reports relating to themselves.

2.4 Monitoring / Feedback

The Professional Standards Department maintains a list of individuals subjected to random and ‘with cause’ testing. To ensure fair and proportionate testing takes place monitoring has been extended to include ethnicity, religion or belief, disability and sexual orientation where this information is held on the Force Personnel System and in consultation with the Force Strategic, People, Confidence and Equality Manager. The Forces external Occupational Health (OH) provider is responsible for carrying out pre-employment screening. OH performance data is recorded and monitored on a quarterly basis as part of existing contractual compliance controls. Individual personal data is maintained on the Forces computerised recruitment system. The Welfare and Counselling Unit are responsible for providing support and welfare to individuals with a drug or substance misuse problem and acting as a link with Professional Standards and various external agencies i.e. General Practitioner (GP) and OH. This unit also maintains confidential ‘self declaration and referral’ data and closely works with the Force’s Employee Assistance Programme to monitor emerging trends.



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Feedback relating to this policy can be made in writing or by e-mail to:-

Address: HR Specialist, (Wellbeing and Engagement) Police Headquarters, Winfrith, Dorset DT2 8DZ E-mail: [email protected] Telephone: 01305 223764

mailto:[email protected]



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3 Procedure Section

3.1 Principle Content

3.1.1 This section will give guidance on how it will support those who self declare a drug

problem whilst outlining the positive and robust action that will be taken in all other cases where drug misuse is identified.

3.1.2 It will set out the procedure specifically in relation to:-

Part 1 - Responsibilities

The responsibilities of individuals, managers and the organisation including welfare support and risk assessments Part 2 – Substance Misuse

Self-declaration and referral

Pre-employment testing

Testing of police officers in their probationary period

Testing of Safety Critical posts

Testing of Vulnerable posts

Testing ‘with cause’ (that is, where there is a reasonable suspicion of substance misuse) including extended sampling

Testing procedure

Split samples

Screening of samples

Test results following laboratory analysis

3.2 Part 1 – Responsibilities including welfare support and risk assessments

Individual 3.2.1 Those working within the police environment and having a substance misuse problem

have an unquestionable responsibility to acknowledge it and seek immediate help and guidance.

3.2.2 The role of the individuals GP must be acknowledged as the main treatment provider

whilst it is the organisations responsibility for welfare and support matters, especially within the working environment and where there are workplace health and safety issues.

3.2.3 Individuals can self refer via a colleague, supervisor, the Welfare and Counselling Unit,

their Human Resources Business Support Team or UNISON/Federation.



3.2.4 Once reported, the individual has a responsibility to fully co-operate with any

rehabilitation regime, which should be agreed by OH and the Welfare and Counselling Unit, together with the individual and their GP. This is best achieved by the holding of case conferences where necessary.

3.2.5 A rehabilitation programme for drugs and substance misuse is often over a period of

months or years and will be subject to agreement at a case conference. The organisation will provide agreed suitable support for the individual. However, failure by an individual to comply with any rehabilitation programme, including any testing regime, within reasonable timescales may render them to misconduct, Performance Support/unsatisfactory performance or service confidence procedures.

3.2.6 When an individual is undergoing a treatment or rehabilitation programme as a result

of a self-referral, they will not be eligible to apply for promotion or any internal transfer other than that required by the risk assessment (see paragraph 3.3).

3.2.7 In the case of Police Officers, any request to transfer to another Force area will be

subject to informing the other Force of the current status of the officer. 3.2.8 The principles of confidentiality will be maintained on a strictly need to know basis.

However, the need to conduct risk assessments as to the suitability for the individual to remain in their current role and to monitor rehabilitation will require occupational health and welfare and counselling staff to liaise with line managers, as necessary and the Professional Standards Department.

3.2.9 Details of medical conditions and specialist medical treatments will always remain

confidential under the Access to Medical Reports Act 1988. A ‘treatment contract’ will be drawn up between the individual and OH covering issues of disclosure.

3.2.10 If the rehabilitation programme, or treatment, cannot be provided by the NHS, or there

are delays in the provision, Force financial support may be considered in accordance with the Private Medical Intervention Procedure P26:2004.

Colleagues 3.2.11 Everyone has a responsibility to act where they have suspicions of substance misuse

by any member of staff. This must be reported directly to the Professional Standards Department or to a supervisor who must report it to the Professional Standards Department.

3.2.12 It is unacceptable for any individual to fail to report such suspicions. The

consequences for failing to report could have an adverse effect on the individual, the organisation and the public. However, it is acknowledged that a colleague reporting such a matter may find this difficult to do so and may need additional support from the organisation. To that extent the principles set out in the Support for Persons Reporting Wrongdoing Policy P09:2000 will also apply to anyone reporting a colleague for substance misuse issues. Where an individual feels that they are unable to do so, this can be reported via the Force Confidential Reporting System, ‘Confide in Us’

http://sharepoint01/C6/C4/ConfidentialConcernsReporting/default.aspx



3.3 Supervisors and Managers (including risk assessment process)

3.3.1 If a supervisor receives a self-referral from an individual regarding a substance

problem, the individual should be advised of the support available and an urgent appointment should be made with the Welfare and Counselling Unit. Details of the referral should be noted including the advice given and action taken.

3.3.2 An immediate risk assessment must be undertaken of individual’s current role to

assess their suitability to safely continue in the role. This assessment must be undertaken by the line manager in conjunction with the Welfare and Counselling Unit, Occupational Health Department, a member of the relevant Command Team/Department, the Professional Standards Department and the individual concerned. This risk assessment must be reviewed at least monthly particularly if a rehabilitation programme is undertaken. The generic risk assessment ‘Substance misuse referral assessment’ form GRA 1016A can be accessed from the intranet risk assessments site under HQ Winfrith - Departments. This risk assessment is owned by the Professional Standards Department and will be reviewed on an annual basis.

3.3.3 Where a supervisor or manager suspects an individual is misusing drugs, or this is

reported to them by another member of staff, the Professional Standards Department must be notified immediately. The supervisor/manager should consider their duty to preserve and record evidence of criminal or misconduct offences from the moment that it comes to their attention.

3.3.4 As with self-referrals, an immediate risk assessment regarding that individual’s role

should be undertaken.

3.4 Welfare and Counselling Unit and Occupational Health Department

3.4.1 The Welfare and Counselling Unit and OH Department have a crucial role to play in

providing support and welfare to individuals with a drug or substance misuse problem. 3.4.2 There needs to be close working arrangements between these agencies and also any

GP, relevant line manager and the Professional Standards Department, to ensure the correct help is received by the individual and appropriate decisions are made to maintain the integrity of Dorset Police and importantly public confidence.

3.4.3 It will be the responsibility of the Welfare and Counselling Unit to co-ordinate case

conferences. They will be responsible for providing recommendations to the Force and individual concerned, as well as monitoring any rehabilitation programme and reviewing risk assessments.

3.4.4 OH will consider all cases referred to them and will give the individual:-

Advice on the risks associated with drugs and substance misuse and determine if medical intervention is appropriate;

Provide guidance regarding any suitable referral agencies and arrange treatment with them;

A rehabilitation programme which will be strictly monitored to ensure compliance and

http://sharepoint01/C3/C1/Risk%20Assessments/default.aspx

http://sharepoint01/C3/C1/Risk%20Assessments/default.aspx



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Advice on the person’s fitness for continued service if recommended treatment has been unsuccessful.

3.4.5 The Welfare and Counselling Unit will be responsible for notifying the Head of

Professional Standards (for police officers) or the Head of Personnel Services (for police staff) of any failures in relation to a rehabilitation programme. They will also be responsible for informing the relevant Command Team/Department, ensuring the present role risk assessment is reassessed and consider any misconduct issues.

3.5 Other available support

3.5.1 The Human Resources Business Support Team will support individuals in the practical

application of this policy by offering advice to managers who are dealing with work performance problems by advising on reasonable targets and timescales and by advising on other related processes i.e. OH referrals.

3.5.2 UNISON and staff associations have agreed to encourage individuals to seek

assistance in accordance with the provisions of this procedure. Should an individual request it, a representative may attend any case conference or related meeting.

3.5.3 Dorset Police has an outsourced 24/7 Employee Assistance Programme provider,

which supports in-house arrangements available through the Welfare and Counselling Unit. This includes a dedicated managerial consulting line. In addition to providing support with day-to-day issues the Force Employee Assistance Provider alert the Force to clusters or ‘hotspots’ of particular risk in the organisation, drawing on anonymised data provided by calls to its 24 hours helpline and information from face-to-face counselling with employees.

3.6 Part 2 – Substance Misuse (self-declaration)

3.6.1 All members of staff who acknowledge and report problems with substance or drugs

misuse can expect to receive support and welfare from the organisation. However, self-declaration cannot be used to avoid the consequences of a positive test. Any such declaration must be made before an individual is notified of any requirement to take a test. A self-declaration made after an individual is notified of the requirement to take a test cannot be used to frustrate the disciplinary proceedings that might result from a positive test.

3.6.2 Individuals must accept that alongside such treatment, a risk assessment of their

current role will be undertaken and a change of role may be necessary, if the resultant risk requires it, either on a permanent or temporary basis.

3.6.3 Individuals must accept that whilst confidentiality will be maintained as far as possible,

parts of the organisation will need to share information in order to protect the risk to individuals, other staff and the public. This may include those circumstances in which the proper administration of justice may over-ride an absolute confidentiality. In particular the Joint Operating Instructions (known locally as Disclosure Manual) agreed between ACPO and the Crown Prosecution Service place on the individual a personal responsibility to declare any matter that may affect their credibility as a witness in a court case. In some circumstances substance misuse on the part of an individual acting as a witness may have to be revealed to the Crown Prosecution Service as the damage to the credibility of the individual as a witness may be a factor to be



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considered in a decision whether to proceed with a prosecution. Please see Revelation and Disclosure of Police Misconduct procedure P20:2004 for further details.

3.6.4 The personal responsibility under the Disclosure Manual should be drawn to the

attention of an individual by the Professional Standards Department at the time the self-declaration of a substance misuse problem is made. The need will not arise in every case, and each case should be considered on its own merits and facts.

3.6.5 Staff in this situation must expect that their compliance with any rehabilitation

programme will be monitored with continued drug testing regimes and any failure to comply or complete the programme may render them subject to misconduct procedures.

3.7 Pre-employment Testing

3.7.1 Dorset Police will undertake pre-employment testing of all of the following categories

of persons:-

All potential recruits applying for a post as a Police Officer or Special Constable

All Police Community Support Officer applicants 3.7.2 Pre-employment testing will be undertaken by the OH Department or an external

service provider, as part of any medical assessment and will consist of the provision of either an oral fluid (saliva) or urine sample and for new recruits only, the option of a hair sample. The hair sample will ordinarily be one of head hair but may be obtained from any area of body hair should this not be possible. However, where there is necessary ground for suspecting misuse blood may be tested.

3.7.3 A refusal to take a pre-employment test or if a positive result is received will

immediately render that person unsuitable for the position/post being applied for. The Human Resources Department will withdraw the applicant from the selection process.

3.8 Probationer Testing

3.8.1 All police officers within their probationary period will be tested at least once during this

2 year period. 3.8.2 The Head of Professional Standards will be informed by the Human Resources

Business Support Team of any refusal or positive result from such a test who will then consider any criminal or misconduct issues.

3.9 Safety Critical Posts

3.9.1 A safety critical post is one in which the physical risk to and safety of individuals,

colleagues or other persons would be significantly raised if the post holder were involved in substance misuse. They are currently defined as:-



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Firearms Officers. All officers authorised to use firearms or directly supervising such officers including Tactical Advisors, Armourers and training staff;

Police Search Advisor Teams (POLSA). All officers who are trained for Police Search teams;

Drivers and motorcyclists who receive the adequate training to use the police exemptions under the Road Traffic Regulations Act 1984. This includes all drivers trained to a ‘Standard’ driving level and above, and who hold a post in which they may be called upon to use the exemptions;

Air Support;

Marine Section.

3.9.2 5% of all safety critical posts will be randomly selected to be tested for drug misuse during any 12 month period. This will be undertaken by an external service provider, and will consist of the provision of urine samples for testing. The scale of testing will be regularly reviewed by the Professional Standards Board and in consultation with UNISON and local staff associations.

3.9.3 Refusal to submit to a test or a positive result will be notified to the Head of

Professional Standards who will ensure an immediate risk assessment is completed of the individual’s duties by their current line manager and consideration given to any criminal or misconduct issues. Please see section 3.3 for details of the risk assessment process.

3.10 Vulnerable Posts

3.10.1 Due to the nature of their duties, many officers/police staff and particularly those

working undercover, will have close associations with criminals. Those whose duties bring them into contact with drug dealers are particularly vulnerable to malicious allegations that they are themselves drug users. The ability for such individuals to be tested enables it to be demonstrated that they remain ‘clean’.

3.10.2 Additionally, it is well established that the greatest threat to the police service is the

leakage of intelligence. Organised crime groups have been known to target those individuals deployed against them as a potential source of information. The compromise of assets and intelligence by post holders, especially in the most sensitive and covert operations, could jeopardise the safety of colleagues or members of the public. These individuals are routinely also subject to higher levels of vetting.

3.10.3 A full list of the current vulnerable posts is detailed at Appendix A. 3.10.4 5% of all vulnerable posts will be randomly selected to be tested for drug misuse

during any 12 month period. This will be undertaken by an external service provider, and will consist of the provision of urine samples for testing. The scale of testing will be regularly reviewed by the Professional Standards Board and in consultation with UNISON and local staff associations.

3.10.5 Refusal to submit to a test or the provision of a positive sample will be notified to the

Head of Professional Standards who will ensure an immediate risk assessment is



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completed of the individual’s current duties by their line manager and consideration given to any criminal or misconduct issues.

3.11 ‘With Cause’ Testing (including extended sampling)

3.11.1 ‘With cause’ testing is where there is reasonable cause to suspect that an individual is

misusing controlled drugs. For ‘cause’ to be established, the test of ‘reasonable suspicion’ must be satisfied. A single and unsubstantiated piece of intelligence or information, particularly if made by a member of the public who may have malicious intent, would not normally amount to sufficient cause.

3.11.2 It will be for the Head of Professional Standards to decide on whether to require an

individual to submit to a ‘with cause’ test, based on all the information available. In addition, they will be responsible for an immediate risk assessment regarding the individual’s role being completed as to the suitability of the person’s current role and any criminal or misconduct issues. An individual who is off duty will not be recalled to duty for the purposes of testing.

3.11.3 An individual who is requested to provide a test under this part of the policy should be

informed that, by consenting to the test, the evidence gained may assist in proving or disproving intelligence or information received. An officer will be entitled to have a ‘police friend’ as defined in the Police (Conduct) Regulations 2012 present when a sample is being taken.

3.11.4 For ‘with cause’ testing only, where the reasons for the test is intelligence based and

the individual has been informed of the drug(s) or drug group(s) for which s/he is being tested, substances tested for can include one additional drug or drug group.

3.11.5 ‘With cause’ – extended sampling. An officer of at least the rank of Assistant Chief

Constable may authorise a maximum of three samples of urine or oral fluid (saliva) to be required from an individual (or on secondment to or from a Force) where there is corroborative intelligence which gives reasonable cause to suspect that the individual has used a controlled drug over an extended period i.e. on more than one occasion.

3.11.6 All ‘with cause’ tests will be undertaken by either the OH Department or suitably

qualified member of staff and will consist of the provision of urine samples for testing. Where this requirement occurs outside of normal office hours the responsibility will fall to the on-call member of Professional Standards.

3.12 Testing Procedure

3.12.1 A sample of individuals selected for testing in a specific area or department can be

chosen on a random basis by the Professional Standards Department on the basis that it is linked to intelligence and an assessment of risk/harm. This process is subject of specific monitoring as required under Home Office guidance. Testing may involve officers and police staff of all ranks and the possible selection of a higher proportion of individuals in an area or department where the risk is assessed as high. ‘Risk’ encompasses the risk inherent in the consequences of impairment of judgement or performance, and the risk of incidence of misuse.



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3.12.2 The Human Resources Business Support Teams are responsible for arranging all tests with support from Professional Standards (other than ‘with cause’ tests, which will remain the sole responsibility of the Professional Standards Department) required to be taken each year.

3.12.3 The OH Department, an external service provider or suitably qualified member of staff

will be responsible for undertaking the tests and will consider any necessary risk assessments associated with the test procedure.

3.12.4 Testing will cover the use of the below substances. This does not affect the Force’s

right to test for one additional drug or drug group under ‘with cause’ provided the individual is informed prior to testing of the drug groups for which s/he is to be tested.

Amphetamines (including ecstasy)

Cannabis

Cocaine

Opiates (e.g. Morphine and heroin)

Benzodiazepines 3.12.5 Suitably qualified and experienced staff from the OH Department, external service

provider or the Force will, using appropriate techniques, carry out the tests. 3.12.6 Any refusal to take a test, (which will include any attempt to provide a false sample or

any failure to follow the testing procedure), or where a test is positive, will result in a criminal and or misconduct enquiry. The penalty for refusal to take a test is no less than the penalty for failing a test.

3.12.7 Before any sample is obtained, the individual giving the sample will be asked to

disclose any medication that they are taking as this may affect any test result. This disclosure will be confidential and only for the information of OH or external service provider.

3.12.8 The sample to be provided will be a urine sample in all cases except pre-employment

testing when hair samples for new recruits (not transferees) will be requested.

3.13 Split Samples

3.13.1 Provision will be made to allow the individual providing the sample an opportunity to

have an independent analysis of the specimen to challenge the outcome of a laboratory analysis. In order to facilitate this, when an individual provides a sample for analysis, it will be split at the time of collection. One half will be used for screening purposes and the other half will be retained by OH or external service provider.

3.13.2 The testing laboratory must have fully documented procedures for the handling and

storage of the sample. If the donor wants to challenge the analysis, then the testing laboratory can provide a list of accredited laboratories that would be willing to undertake the analysis for them. There will be a charge involved, which is normally paid by the sample donor. The testing laboratory will release the sample to the laboratory of choice when they have received written authority from the Force and the sample donor to release the sample.



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3.13.3 On arrival at the second testing laboratory the laboratory will check the chain of custody and especially the seal on the bottle to ensure it matches the original and has not been tampered with in anyway.

3.14 Screening of Samples

3.14.1 Any test that may be relied upon in disciplinary proceedings must be conducted

through laboratory analysis. However, on site screening using portable devices may be used for urine samples only, to screen out persons tested (other than ‘with cause’ tests). When an individual is screened out using such a device, they will be deemed to have provided a negative sample. The individual should be informed immediately of this.

3.14.2 If there is a positive indication at any screening stage, the residual specimen of urine

(remaining from the screening test) will be sent to a forensic laboratory for full analysis and then medical review. The individual should be advised of the positive initial screening test result and the fact that any such results provide a provisional indication only and are subject to further laboratory analysis and medical review, either of which could result in a final result being negative.

3.14.3 The Head of Professional Standards must be informed immediately of a positive initial

screening test result, as there may be a risk in continuing to deploy the individual on their full range of duties. A risk assessment will then be completed by the individual’s line manager.

3.14.4 It will be for the Deputy Chief Constable to decide (for police officers or special

constables/volunteers) or the Head of Personnel Services (for police staff) on the duties due to be undertaken, based on the findings of the risk assessment. There will be a presumption of removal from duties involving contact with the public. Formal suspension would be appropriate only if a positive result was confirmed following laboratory test and medical review.

3.14.5 Where a test is carried out with cause, the specimen will be submitted directly to the

laboratory without conducting a screening test first.

3.15 Test results following laboratory analysis

3.15.1 All test results following laboratory analysis will be returned to the Human Resources

Business Support Team and be managed under the Access to Medical Records Act 1988.

3.15.2 Where the test result is negative it will be responsibility of the Human Resources

Business Support Team to notify the individual concerned, relevant line managers and the Head of Professional Standards of the test result.

3.15.3 However if a negative result of the test is returned from the laboratory, together with

evidence that the sample was in any way tampered with, or had been diluted to avoid detection of drugs within it, this will be termed a positive result. The Personnel Manager, Business Support (Personnel Services) will inform the Head of Professional Standards (for police Officers and special constables/volunteers), or the Head of Personnel Services (for police staff), who will consider criminal or misconduct action.



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3.15.4 Where a positive test result is received from the laboratory, this will be referred to the

Force Medical Advisor (FMA), or an independent medical practitioner provided by the external service provider, for a medical review to be conducted, to ascertain if there is a legitimate explanation for the drug in the sample. The FMA, or independent medical practitioner, will review the evidence and arrive at an opinion as to the origins of the drugs identified. If their presence can be explained by the use of prescribed or proprietary medication, this will be determined as a negative result. The Personnel Manager, Business Support (Personnel Services) will be informed of this result who will then be responsible for informing the individual, line managers and the Professional Standards Department.

3.15.5 If the presence of the drug cannot be accounted for in this way, then this will be

termed a positive result. The FMA, or independent medical practitioner, will report this to the Personnel Manager, Business Support (Personnel Services) together with details of the drug involved, who will be responsible for informing the Head of Complaints and Misconduct or the Head of Personnel Services who will decide on what criminal or misconduct action to take before informing the individual concerned.

3.15.6 A positive result from a person who had self-declared a substance misuse problem

prior to being tested and was part of a rehabilitation programme will be reviewed by the FMA to assess whether the result was consistent with rehabilitation treatment being undertaken. If the result suggested that an agreed programme of rehabilitation was not being followed, then this will be referred to the Head of Professional Standards or Head of Personnel Services who will consider any criminal or misconduct action

3.15.7 Welfare support and advice will be made available to the individual via the OH

Department, Welfare and Counselling Unit and Employee Assistance Programme provider. The individual’s Command Team or Department will be responsible for providing appropriate support and facilitating access to the relevant support.



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4 Consultation and Authorisation

4.1 Consultation

4.2 Authorisation of this version

Version No: Name Signature Date

Prepared:

Quality assured:

Authorised:

Approved:

5 Version Control

5.1 Review

Date of next scheduled review Date: 18 February 2016

5.2 Version History

Version No: Name Signature Date

Police & Crime Commissioner

Police Federation

Superintendents Association

UNISON

Other Relevant Partners (if applicable)

Version Date Reason for Change Created / Amended by

1.0 Initial Document

1.1 19/09/06 Changes following consultation Supt. Stanger

1.2 18/10/06 Changes following internal consultation DI Foster

1.3 09/06/08 Changes following internal consultation Mr P Channon

1.4 12/07/10 HR Restructure. Job title changes only and fit for purpose review and minor amendments only

Mr I Coombs



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5.3 Related Forms

Force Ref. No. Title / Name Version No.

Review Date

5.4 Document History

Present Portfolio Holder Director of Human Resources

Present Document Owner HR Specialist, Wellbeing & Engagement

Present Owning Department Human Resources Wellbeing & Engagement

Details only required for version 1.0 and any major amendment ie 2.0 or 3.0:

Name of Board: Professional Standards

Date Approved: 23/04/2013

Chief Officer Approving: Chief Constable D Simpson

Template version January 2013

2.0 May 2013 To reflect changes resulting from Home Office Circular 11/2012 ‘Testing Police Officers for Substance Abuse’ and supplementary guidelines from the ACPO Workforce Development Business Area

Mr I Coombs

2.1 March 2014 April 2014

Insertion of stage 2 transfer parag. Into section 1.1. no further changes. Change in designation only – no change to version no.

Policy Co-ordinator

2.2 27/11/14 The policy has been reviewed in preparation for NICHE implementation (April 2015), no changes necessary

Policy Co-ordinator (6362)

2.3 3/2/15 Fit for purpose review carried out, minor amendments to designations made

Mrs L Tong

2.4 01/03/2016 Fit for purpose review carried out, minor changes made re feedback address and paragraph numbering.

Mrs L Tong

2.5 13/4/16 Amendments made to contact details Policy Co-ordinator (6362)



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Appendix A LIST OF VULNERABLE POSTS (SEE SECTION 3.10)

Chief Constable Deputy Chief Constable Assistant Chief Constable(s) Commander Crime and Criminal Justice Director of Intelligence Director of Investigations Director of Specialist Investigations Force Authorising Officer (Likely to be Director of Intelligence) Deputy Force Authorising Officer Head of Special Branch Deputy Head of Special Branch Special Branch Office Manager Special Branch IT Administrator Commander Operational Support Command Commander Territorial Policing Commander Operations & Contingency Planning Commander Crime & Criminal Justice Head of Professional Standards Special Branch – Admin Assistants All Posts Special Branch – (CTSA) All posts Counter Terrorism Security Adviser Special Branch – Detective Constable All Posts Special Branch – Detective Inspector Other than HSB & Deputy HSB Special Branch – Detective Sergeant All Posts Special Branch – Intelligence Analysts All Posts Director of Finance Director of Human Resources Chief Officer PA’s & Staff All Posts Chief Superintendent All Posts Superintendent All Posts Chief Inspector All Posts Inspector All Posts

Operational Support Command Head of MCCD Head of Contact Management Communications Manager Media Relations Manager Corporate Development Head of Corporate Development Strategic Planning Manager Strategic Analyst Crime & Criminal Justice Covert Operations Management Unit Dedicated Source Unit Personnel Development Team Economic Crime Unit (Supervisors)

E-Researcher Field Intelligence Officers High Tech Crime Unit MCIT Personnel Organised Crime Team



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Surveillance Team Technical & Forensic Investigation Technical Support Unit Personnel CSIU Head of CSIU Head of Forensic Operations Forensic Operations Managers Senior Crime Scene Investigators Federation Chairman Joint Branch Board Secretary Welfare Case Manager Firearms Chief Firearms Instructor Deputy Firearms Instructor Strategic Commander Tactical Commander Coordinator Tactical Advisors Close Protection Officers IS Information Services IS Head of Information Systems IS Airwave Assistants/staff IS Airwave Manager IS Communications Manager IS Computer Manager IS Development Manager IS Networks Analyst IS Networks Manager IS Team Leader Service Support IS Technical Analysts IS Technical Assistants IS Technical Support Marine Section All Posts Negotiators All Posts Operational & Contingency Planning Division All Posts Professional Standards Department Head of Complaints & Misconduct Anti Corruption Unit Officer & Staff Information Security Officer Data Protection Officer Computer Audit Officer Freedom of Information Officer Force Vetting Officer Force Vetting Supervisor Force Vetting Researchers Force Information Standards Manager Risk Management Unit All Posts SOCTCG All Posts UNISON



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Branch Secretary Assistant Branch Secretary

Control room Supervisor All Posts Economic Crime Unit staff (Non supervisor) Finance Head of Finance Exchequer Manager Senior Finance officers Policy Officer Head of Estates & Building Services Head of Procurement & Distribution Head of Transport Intelligence Collectors, Disseminators, Analysts All Posts IS Information Services IS Analyst Programmer IS Business Analyst IS Business Project Managers IS Communications Finance & Admin Officer IS Communications Officer IS Data Editor IS Database Analyst IS Finance and Customer Support Manager IS Software Developer IS Technical Support Officers IS Organisational Helpdesk PA to Chief Superintendent Professional Standards Department Complaints & Misconduct Department Secretary Office Manager Clerical Officer File Prep Officer/Tape Summariser

Documents

Substance Misuse Testing and Welfare Support Policy and ......2. Improve perceptions of order and community cohesion 3. Focus on community priorities 4. Demonstrate professionalism