02112 PROCEDURE – POLICE DRUG & ALCOHOL MISUSE · 02112 PROCEDURE – POLICE DRUG & ALCOHOL...

02112 PROCEDURE – POLICE DRUG & ALCOHOL MISUSE

1. About this Procedure 1.1. This procedure explains how Hampshire Constabulary will approach

substance misuse and includes prevention and detection strategies, namely targeted and random screening methodologies.

1.2. ‘Substance misuse’ is the use of illegal drugs and the inappropriate use

of prescribed or non-prescribed drugs, alcohol and other substances such as solvents, gases and ‘legal highs’. ‘Illegal’ and ‘prescription’ drugs are as defined by the Misuse of Drugs Act 1971 together with any legislative amendments or associated regulations. ‘Misuse’ is use in such a manner that is illegal, harmful or problematic, either for the individual or others.

1.3. The purpose of the substance misuse procedure is to minimise the

likelihood that members of Hampshire Constabulary are misusing drugs, alcohol or other substances and to ensure that when reporting for duty or work, officers and staff are fit to do so. The underlying principles are to protect the public and the force from the risks associated with substance misuse and to maintain the reputation of Hampshire Constabulary.

1.4. Hampshire Constabulary aims to:

Preserve and enhance the health, safety and welfare of all

personnel in matters relating to substance misuse. Provide advice, assistance and guidance to personnel seeking

support for substance misuse. Provide advice, assistance and guidance to supervisors and

managers confronted by problems associated with substance misuse.

Apply the procedure fairly and consistently, to designated personnel across Hampshire Constabulary with due regard to ethnicity, faith, gender, disability, sexual orientation and age.

Monitor the procedure to ensure it remains fair, consistent and proportionate.

2. Risk Assessments / Health and Safety Considerations 2.1. At this time no known risks are associated with the implementation of

this procedure.

Version 4.6 Last updated 29/01/2018 Review date 29/01/2019

Equality Impact Assessment High

Owning department Professional Standards Department (PSD)


3. Procedure

3.1. Substance Screening for Controlled Drugs

3.1.1. This procedure applies to all police officers, police staff, special constables, volunteers and officers transferring between forces.

3.1.2. A programme of substance screening tests that are primarily

designed to detect illegal drugs and other substances often used outside their normal therapeutic range will support Hampshire Constabulary anti corruption strategy.

3.1.3. The controlled drugs which testing shall cover are;

Amphetamines (including ecstasy) Cannabis Cocaine Opiates(e.g. morphine and heroin) Benzodiazepines Methylenedioxy-methamphetamine (MDMA) One additional drug or drug group (for ‘with cause’ testing

only)

3.1.4. Random testing shall be carried out without advanced notice.

3.1.5. There may be legitimate reasons for a drug to be present in a specimen e.g. legitimate painkiller or prescribed medicine. Persons required to take a test should declare all medications they are taking. The content of the declaration is confidential to the Occupational Health and Wellbeing Team (OHWT) and the medical officer reviewing a test result.

3.1.6. On-site testing using portable (point of contact) testing kits

may be used to screen out members of police forces and candidates for appointment at an early stage of these procedures. Any test that is relied upon in criminal or disciplinary proceedings shall be conducted through laboratory analysis.

3.1.7. Split samples shall be used in all cases that go forward for

laboratory analysis. A member of the constabulary shall have the right to have one sample tested independently to challenge the result of a test on the other sample. The cost of an independent analysis will be met by the member and may be reimbursed by the force in the event that the first analysis is found to be inaccurate.

3.1.8. Collection of samples and initial on-site screening may be

undertaken by an independent agency or by suitably trained


designated personnel. There shall be a secure chain of custody through collection, analysis and medical review as set out in the protocols issued by the Secretary of State. Laboratory analysis shall be undertaken by an independent agency.

3.1.9. The request to provide a screening sample and to comply

with the collection procedure is a lawful order or reasonable instruction and any refusal to do so will be a disciplinary matter and referred to the Head of Professional Standards for investigation. Advice and guidance will be available from staff associations during the screening process.

3.1.10. An officer or member of staff will not be recalled to duty or

the workplace for the purposes of testing.

3.1.11. Hampshire Constabulary will have due regard to protect privacy during testing procedures and ensure that the testing is conducted in a sensitive manner. Test results will be handled in a secure and confidential manner. Records of test results will be retained in accordance with data protection principles.

3.2. Pre-Employment Screening

3.2.1. All candidates applying for any relevant post with Hampshire

Constabulary, including transferees from other constabularies, and who are successful at the interview/final stage, may be substance screened. Refusal to participate or a positive result for an illicit drug will render that candidate ineligible for employment. Candidates testing positive for other substances that are not illegal but give rise to concern (i.e. ‘legal highs’ etc) will be evaluated by the OHWT who will make recommendations to the Human Resources Department.

3.2.2. In the case of potential new recruits a hair or urine sample

may be tested.

3.3. Targeted Screening for Controlled Substances: Safety Critical and Vulnerable Posts

Whilst this procedure applies to all, the following roles will be tested more regularly.

3.3.1. Safety Critical Roles (applies to police staff only)

Staff authorised to use or directly supervise those that have

direct access to stored firearms and ammunition as part of their duties.


Driving instructors who train staff or demonstrate response or advanced driving techniques.

Staff involved in the maintenance and repair of police vehicles.

3.3.2. Vulnerable Roles (includes officers and staff)

Test purchase officers and staff whether full-time or

otherwise. Surveillance and other covert and undercover operatives. SOCU officers and staff and other roles encompassing a

significant component of drugs based work. Source Handling officers and staff and Intelligence roles. Call-handling staff Security vetting staff Police Community Support Officers Any volunteers in the above roles.

3.3.3. To minimise issues of security and confidentiality the

screening company will only be given the identification numbers of candidates and not a person’s full name, role or place of work.

3.3.4. Testing should be routine. If a high degree of risk is

assessed, universal testing covering all in the vulnerable category might be appropriate. If the assessment risk is low, then a sample of people to be tested should be elected at random.

3.4. Voluntary Referrals and Rehabilitees

3.4.1. Those seeking help and assistance with substance abuse

and those undergoing an agreed course of rehabilitation may be tested on initial referral and as determined by the treatment provider, consistent with the treatment regime being undertaken. Where a member of staff comes forward voluntarily for assistance, the matter will be dealt with primarily as a welfare issue and support will be given together with signposting to suitable treatment regimes. The only exception to this being where staff are involved in serious criminal activity, such as drug dealing, that would necessitate a criminal investigation. Any such self- declaration must be made before a notification of any requirement to take a test.

3.5. Target and ‘With Cause’ Screening.

3.5.1. Where information or intelligence indicates a member of

Hampshire Constabulary is involved in substance misuse,


they may be subject to screening, and the matter will be investigated by the Professional Standards Department.(PSD)

3.5.2. When such intelligence is received and there is a need for a

screening test as soon as possible then the duty on-call PSD officer (contactable via the force control room) will be contacted to evaluate the matter and if necessary make the necessary arrangements.

3.5.3. The requirement to take a test should be imposed by an

officer or member of staff of an appropriate rank or level of seniority. For ‘cause’ to be established, the test of ‘reasonable suspicion’ must be satisfied. It should be made clear to the person under suspicion that testing ‘with cause’ may either prove or disprove intelligence or allegations made. A single and unsubstantiated allegation, particularly if made by a member of the public who may have malicious intent, would not normally amount to ‘cause’.

3.5.4. Where an individual has come forward voluntarily for help

with a problem and then evidence subsequently comes to light for offences that would be classed as serious enough to warrant an investigation (e.g. supply of Class ‘A’ drugs) then Professional Standards will carry out that investigation. Coming forward voluntarily will not protect an individual from criminal investigation where the matter is serious, but will be taken into account for less serious and misconduct matters.

3.6. With cause – extended sampling for police officers

3.6.1. 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 a police officer (includes special constables) in their force (or on secondment to or from their force) where there is corroborative intelligence which gives reasonable cause to suspect that an officer has used a controlled drug over an extended period (i.e. on more than one occasion.)

3.6.2. The three samples can be required over a maximum period

of 90 days, with day one being the day on which the first sample is required and the period finishing at midnight on day 90. When calculating the 90 day period, no account should be taken of any periods of sick leave.

3.6.3. The officer will not be given any advance notice of the

requirement to provide each sample.


3.6.4. The officer will be informed at the time that the first sample is required that two further samples may be required within the designated time period. On each occasion a sample is taken the officer will be informed of the drug(s) or drug group(s) against which his or hers samples will be tested.

3.6.5. The officer will be entitled to have a ‘police friend’ as defined

under the Police (Conduct) Regulations 2012 present when the samples are being taken. However, a delay in a police friend attending will not delay the testing procedure provided that the officer has been able to consult with a police friend.

3.7. Alcohol Testing

3.7.1. Whilst alcohol is a substance that can be misused and which

can impair judgement it is in a different category from controlled drugs, in that its use is not illegal.

3.7.2. Everyone has a general responsibility to present themselves

fit for duty or work. If their judgement is impaired by the consumption of alcohol, they are unlikely to be fit for duty. It is for a senior officer or supervisor to determine whether or not a person is unfit for general duties, due to the consumption of alcohol. However, reporting for duty whilst having previously consumed alcohol (for example, on the previous evening) clearly does not equate with the criminal offence of using drugs. Managerial action needs to reflect this.

3.7.3. As with drugs, self-declaration of a drink problem is a matter

that will be managed through the OHWT, rather than regarded as a disciplinary matter.

3.7.4. There is a power to conduct ‘with cause’ screening tests if it

appears that an officer or member of staff is under the influence of alcohol.

3.7.5. All police officers including special constables and those

police staff working in safety critical roles should be liable to random testing, should risk of impairment warrant this, on a scale as agreed with the staff associations.

3.7.6. Hampshire Constabulary will apply the industry established

principle (and in accordance with Police Regulations as amended) that a person is unfit to work if they have more than 13 micrograms % in breath (39 mg % in urine, 29 mg % blood). All results above this limit will be declared positive by the screening company. Officers and staff working with firearms, response or pursuit driving, supervising critical incidents or work in other such safety critical posts, should


consider this aspect very carefully. Whilst there is no lower standard defined, any degree of impairment could have serious consequences.

3.7.7. PSD will be responsible for performing the tests. Each breath

test shall be conducted using approved calibrated breath test equipment and will consist of two consecutive breath specimen tests from the candidate, with the final result being declared as the lower of the two results. Officers and staff should never be tested on apparatus held in a custody suite, unless the suite has been cleared of all other users.

3.7.8. If a supervisor smells alcohol on the breath of an officer or

staff member subject to alcohol testing, a breath alcohol test can be administered after a wait of 15 minutes. (This is to deal with the eventuality that at the time of the suspicion, a proportion of the alcohol consumed may still be in the person’s stomach. Alcohol must be absorbed into the body to register in a breath alcohol test.)

3.7.9. It should also be borne in mind that the criminal provisions of

the Road Traffic Act drink/drug driving legislation may be more appropriate, where there is reasonable suspicion that a criminal offence may have been committed

3.7.10. It is always open to an officer or member of staff to declare

that they suspect they might have inadvertently exceeded the alcohol limit, if unexpectedly asked to perform a particular role. Any such declaration should be made before the person is notified of any requirement to take a test. Such a declaration will not result in the person being penalised, provided there is no pattern of continuing excess and it is not after being notified of any requirement to take a test. A declaration may be particularly appropriate in circumstances of an unexpected change of duty, for example being allocated to driving duties involving the possible exemptions under the Road Traffic Act, due to a staff shortage or a firearms operation called at short notice.

3.8. Refusal to Provide Samples

3.8.1. This procedure creates the situation that a request made under this procedure to provide a screening sample and to comply with the collection procedure is a lawful order or reasonable instruction and any refusal to do so will be a misconduct matter. All refusals will be referred to the Head of Professional Standards for investigation.


3.8.2. The screening company will only analyse samples where written consent is given by the donor on the submission form and the donor signature is required before analysis can take place. Any member of staff not giving written consent to the screening company will be in breach of this procedure and will be deemed to have refused to provide a sample. It is recognised that this raises issues over ‘true consent’. However, the internal procedures of the screening company require such a signature before analysis can take place.

3.8.3. It should be clear that the integrity and value of the procedure

depends on the ability to deal fairly but firmly with those who refuse to comply.

3.8.4. It is in the interests of all personnel that the workforce is free

from the risk of substance abuse. The underlying principles of this procedure relate to both health and safety, and ethical standards. It is designed to prevent such abuse by encouraging those with a problem to seek help, and receive support and assistance within a welfare, rather than a misconduct framework.

3.8.5. Hampshire Constabulary Police Federation will have

members available to be contacted during the screening process to assist officers with advice and guidance. Advice from the Superintendents Association and Unison can also be made available if required.

3.8.6. The penalty for refusal to take a test is no less than the

penalty for failing a test. The liability to take a test is established under Police Regulations and terms and conditions of employment. Failure to comply with a request is therefore failure to obey a lawful order or reasonable instruction.

3.9. Positive Screening Results

3.9.1. A screening result will only be declared ‘positive’ by the

screening provider if the substance concentration exceeds a pre-determined threshold level and, after review by the screening provider’s Medical Review Officer, there is no other reasonable explanation for the result. The Medical Review officer (MRO) will normally make contact with the specimen provider within an agreed time (usually two days) via the Occupational Health and Wellbeing Team (OHWT) to discuss the result, so that all medical and pharmacological factors are explored.

3.9.2. In the case of licit substances such as alcohol and prescribed

drugs, the Medical Review Officer may request contact with


the specimen provider where the levels fall well outside the normal therapeutic range or give cause for serious concern.

3.9.3. Where, prior to testing or prior to ‘being exposed’ with a

positive result from substance screening, the constabulary member has sought assistance with their problem by following the guidelines and procedures laid down in this document and they declared this fact, the matter will be dealt with as a welfare issue and medical intervention strategies will be employed. The only exception being where there is evidence of serious criminal activity.

3.9.4. Where a person has not voluntarily come forward for

assistance and a positive result from substance screening is obtained, and it relates to an illegal substance, that person may be suspended and an investigation commenced by Professional Standards. In these circumstances support will also be offered by the organisation.

3.9.5. Everyone subject to this procedure should be clear that in

such circumstances where they have failed to voluntarily avail themselves of help offered by the organisation and illegal drug use is discovered, they will face misconduct and/or criminal investigation.

3.9.6. There is no substantive criminal offence of having an

unlawful substance in the body, only a presumption that the offence of ‘possession’ must have been committed beforehand. Such a presumption may be rebuttable through medical evidence that the positive test resulted from use of a lawful medication. The presumption of possession that would arise from a positive medically confirmed test should be treated as discreditable conduct.

3.9.7. The maximum penalty for both failure to obey a lawful order

or instruction and discreditable conduct is the same.

3.9.8. Where a positive result relates to a substance that is not illegal but the presence or concentration of it gives rise to cause for concern, it will potentially be referred to the OHWT for evaluation and follow up. There is duty under Health and Safety legislation for everyone to look after their own health.

3.9.9. A summary of the two outcomes is shown in Figure 1.


Notes: This figure shows two routes – a voluntary referral route that leads to a treatment programme which follows a welfare path and a second route where there has been no


voluntary referral but staff member has been found to have a problem (for example by screening). This route follows a misconduct path.

Treatment evaluation and treatment regime will be the responsibility of a primary carer.

3.9.10. The only circumstances that will not allow for a voluntary

referral to be dealt with as welfare issue is where there are serious offences. An example of this is supplying Class ‘A’ drugs. Clearly, it would be inappropriate for the police to ignore such a matter which requires criminal investigation.

3.10. Frequency of Testing

3.10.1. There is no minimum or maximum time between tests.

Therefore a person randomly selected under the random testing procedure could also be tested under one of the other provisions.

3.11. Communication of Results

3.11.1. Results from the screening provider will be returned by a

secure process to an identified person within the OHWT. They will be responsible for communicating negative results to the individuals concerned via the force liaison officer and positive results direct to Professional Standards who will then take the lead. The OHWT will check whether the person concerned has self-referred prior to the time of the screening test and notify PSD, with the officer’s consent. Professional Standards will be responsible for the investigatory process and they will take advice from the OHWT and/or medical specialists in cases of positives deriving from legal substances.

3.11.2. Staff should be reminded that under the provisions of the

procedure any self-referral to the OHWT prior to a positive test will ensure that they are dealt with by way of welfare and support, and not necessarily misconduct.

3.12. Support Process

3.12.1. Hampshire Constabulary will make information available to

all staff on the dangers and signs of substance misuse to raise staff awareness and encourage staff to seek assistance in a confidential, dignified and supportive environment. This will be supported by advice and treatment regimes signposted by the OHWT or their designates, with the objective of full rehabilitation of the staff member as far as is


possible, having regard to the types of treatment currently available and their associated costs.

3.12.2. Please see the OHWT intranet site for links to:

Alcohol and Health; Alcohol and Safe Limits; Drug Effects; Substance Abuse Problems. Employee Support Programme.

4. Roles and Responsibilities 4.1. The following Post Holders have specific responsibilities created by this

procedure:

4.2. Individuals

4.2.1. Individuals have responsibilities towards themselves and others under health and safety legislation which puts a duty on every member of staff to take reasonable care of the health and safety of themselves, and any other person who may be affected by their acts or omissions at work. Staff have additional responsibilities under the Code of Ethics and the Standards of Professional Behaviour. Everyone who works for Hampshire Constabulary should be aware that the use of illegal substances is ethically incompatible with the expectations of the public and the police service.

4.2.2. Whilst at work or on duty, everyone is expected to be free

from illegal substances and free from impairment by any other substances such as alcohol, prescribed drugs or other substances, to the extent that they are not in proper control of their faculties for the role they perform, or are in breach of any statutory provision concerning drugs or alcohol that governs that role. This should be considered carefully by people involved in roles that require clear judgement and reaction (e.g. firearms and air support) where the slightest degree of impairment could have serious consequences. If staff receive a call to duty and are concerned as to their level of impairment through by alcohol or prescribed drugs, they must decline.

4.2.3. Anyone who has, or who suspects that they have, an alcohol,

drug or substance related problem has a clear personal responsibility to acknowledge their condition and seek assistance as soon as possible. They also have personal responsibility not to undertake any task or duties that puts either themselves or others at undue risk


4.2.4. Where staff have a problem relating to substance misuse

they must in every case make contact with the OHWT or external support for help. This is the individual’s responsibility and is the case even if they elect to seek help from an outside agency of their choice rather than through the constabulary. This enables the Unit to undertake an immediate risk assessment in respect of the problem and the staff member’s current duties. They should also seriously consider informing their line manager or other manager who has operational control of their duties. This is not mandatory but may be helpful in providing additional support. In all cases the matter should be dealt with in confidence and in a supportive manner. Matters between the individual and OHWT will be confidential except where there needs to be a change of duties or deployment, in which case the OHWT will liaise with HR, though all medical matters will remain confidential. At all times the person will be treated with dignity and personal respect.

4.2.5. Anyone wishing to self-refer a problem out of hours can do

so by leaving a message on the OHWT answering machine which will time and date stamp the message or by sending an e-mail to the Unit. Any medical emergency in respect of substance misuse should be directed to the local hospital Accident and Emergency Dept. or the patient’s GP. An individual will not be permitted to self-refer after having been given notice to provide a specimen for a screening test, or after having provided a positive sample, but will receive support.

4.2.6. Once a problem is identified individuals have a responsibility

to cooperate with a rehabilitation regime. At the very least, there is a duty on all staff under Health and Safety legislation to take reasonable care of themselves.

4.2.7. Where an individual is prescribed drugs or is taking other

medication which may have possible adverse side effects that have a direct bearing on the duties that they undertake, they must notify their line manager without delay so that duties of a non-hazardous nature can be arranged.

4.3. Colleagues

4.3.1. When a member of staff suspects that a colleague may have

a substance misuse related problem they should, initially, encourage that person to seek assistance. If the concern persists they should inform either their or the person’s line manager, in confidence.


4.3.2. If the person causing concern is undertaking duties that are hazardous in nature and the suspected substance misuse increases risk associated with those duties, they must inform a supervisor without delay so that immediate steps can be taken to remove that risk.

4.4. Managers

4.4.1. Managers have a duty to be aware of this procedure and be

alert to early indicators of a potential problem. On becoming aware of a problem, either directly from the person concerned or through a third party, managers should speak with them and offer advice, support and guidance in a sympathetic and confidential manner. They should encourage them to seek assistance from the OHWT by way of self-referral.

4.4.2. In all cases the manager must inform the OHWT of the

problem themselves, using the standard management referral form, so that follow up can be arranged and a risk assessment undertaken.

4.4.3. Where a manager is informed of a situation involving a

person with a problem related to suspected substance misuse, immediate steps must be taken to remove the associated risk factors to that person or any other person without delay and refer the individual to the OHWT.

4.4.4. These provisions do not override the duties of managers to

investigate allegations of criminal and misconduct matters under legislative powers, the Code of Ethics or the Standards of Professional Behaviour.

4.4.5. In cases where there has been no evidence of self-referral

and the manager has been formally notified by a third party in their capacity as line manager of a staff member with a possible substance misuse problem, it may be appropriate to also refer the matter immediately to the duty PSD Officer so that they can take immediate action.

4.5. The Occupational Health and Wellbeing Team (OHWT)

4.5.1. The OHWT will be the primary point of referral and contact in

all cases so that no one is left without support and follow up.

4.5.2. On identifying an individual with a substance misuse related problem the OHWT will undertake a risk assessment (24-48 hours maximum). In some cases this will be carried out by a suitably qualified external provider. This will ensure the safety of the individual, other staff and the public. It will consider the


ethical and physical vulnerability of the individual and take into account the person’s current role and duties. Where there needs to be an immediate change of duties and/or deployment prior to commencing any rehabilitation or treatment programme, the OHWT will liaise with the appropriate Department or line manager, without delay, to enable any risk factors to be removed.

4.5.3. If a person has been referred to the Occupational Health and

Wellbeing Team by a third party (e.g. information passed by a line manager) the OHWT will be unable to help them if that person:

Is not willing to receive medical help with a suspected or

clearly evident substance misuse related problem; or Fails to co-operate with any assessment; or Denies that there is a problem when there is evidence to

the contrary.

4.5.4. In these circumstances, OHWT will refer the matter back to the line manager who will inform Professional Standards. Professional Standards Department will then be responsible for any further action deemed necessary which may involve a ‘with cause’ request under this procedure.

4.5.5. Where a person has come forward voluntarily for assistance,

the OHWT, together with HR Dept. or any other contracted external agency, will arrange for suitable treatment regimes to be made available to the staff member to assist with rehabilitation, with a view to a return to full duties where possible. Where there needs to be a change of duties and/or deployment to facilitate treatment, this will be arranged by HR on advice from the OHWT. Disclosure from the OHWT to HR will only be to the extent that is needed to enable them to comply with this procedure and will not include medical details.

4.5.6. Treatment is provided by an outside agency and OHWT will

evaluate that agency’s conclusion as part of the overall assessment. If treatment has proved successful, the staff member will return to duty. The nature of that duty will be determined by a further risk assessment by the OHWT, particularly in respect of relapse risk factors. Again, advice will be sought from specialised medical practitioners who, ideally, were involved in the treatment regime. Where appropriate, a specific screening regime may be put in place to minimise any ongoing risks. If treatment has proved unsuccessful, they will advise HR Department of the outcome and advise of the fitness of that person for continued service.


4.5.7. At the time at which any self-declaration of substance misuse is made OHWT should draw to the attention of the member their personal responsibility under the joint operating instructions (JOPI) to declare any matter that may affect their credibility as a witness in a court case. The need to make a declaration to the Crown Prosecution Service (CPS) will not arise in every case; each should be considered on its own facts and merits. Any declaration to the CPS should be properly managed, with appropriate support provided to the individual.

4.5.8. OHWT will advise an individual how to access an appropriate

treatment regime as quickly as possible, depending on resources and availability.

4.5.9. Where a person has not come forward voluntarily and a

substance misuse problem has been identified involving illegal substances, the responsibilities of the Team will generally be restricted to advice only in respect of treatment regimes. They will be guided in these cases by advice from HR who will liaise with Professional Standards Department (PSD).

4.5.10. The OHWT will encourage early identification of the

substance misuse by raising awareness of the problems of drug and alcohol misuse, and by providing guidance to managers and staff.

4.5.11. The OHWT will provide the main link to the screening

company but they will take no part in the screening process and are only there to facilitate the process. In the event of non-attendance of the staff member or a refusal/failure to provide a sample, they will inform Professional Standards Department.

4.5.12. Should information be passed to the force liaison officer by

the screening company at the time of screening that a staff member has disclosed illegal drug use prior to the testing procedure, they will take no other action other than by asking the person’s line manager to conduct a risk assessment for immediate issues based on the disclosure and current duties. Test results will be reported in the standard way.

4.5.13. All results from the screening company will be managed by

OHWT via a nominated person in a secure and confidential process.

4.5.14. The result of the screening test will be communicated back to

the individual via constabulary e-mail. Positive results and any refusal or failure to be screened will be passed to the


Head of PSD or their deputy, or in absence of either, the duty PSD Officer.

4.6. Human Resources Staff

4.6.1. HR staff will support managers and the OHWT in their duties

under this procedure. In consultation with the Occupational Health and Wellbeing Team they will provide advice on reasonable targets and timescales and within reason will assist in facilitating any treatment regimes agreed with the Team, such as arranging for the necessary duty and deployment changes to take effect.

4.7. Professional Standards Department (PSD)

4.7.1. A representative of PSD will attend the screening sessions.

4.7.2. PSD will be responsible for the investigation of all positive

results involving illicit substances or positive results involving licit substances where a criminal or misconduct offence may have been committed. They will also investigate all refusals and failures to provide under the procedure.

4.7.3. Upon notification of a positive result a check will be made by

the OHWT to see if the person concerned has self-referred and undergoing treatment. If this is not the case or was not the case when the test was taken, an investigation will commence. It should be borne in mind that a person may self-refer for one substance (e.g. cannabis) but test positive for another (e.g. heroin). In such a case where the heroin use has been withheld from the OHWT and not declared, PSD will investigate the matter as this would not be classed as ‘self-referral’ for the heroin.

4.7.4. Where intelligence exists that supports a ‘with cause’ test,

PSD will arrange for the individual to be tested in accordance with this procedure. For urgent cases there is an on-call procedure in place that enables a sample collector to be called out and attend within two hours of the request being made. The response time is typically 60 minutes. In non-urgent cases arrangements will be made for the person to be tested as soon as practicable.

4.7.5. In all cases where the reason for being tested is under the

‘with cause’ category the individual will be informed of this prior to the test. Names will not be surreptitiously added to a random screening test.


4.8. Police Federation, Unison, NPCC, Police Superintendents Association

4.8.1. This procedure has been developed with a common aim to

providing support from within the organisation to all staff who find themselves in need of help with substance misuse. It is designed to protect staff and the public alike through prevention, treatment and the exposure of wilfully hidden substance misuse. The underlying principle is one of rehabilitation rather than discipline, but it does require a person to exercise individual responsibility. Therefore representatives of the above organisations welcome contact by individuals who require their help and advice. Hampshire Constabulary as an employer is committed to working with such bodies to the benefit of all concerned.

4.8.2. Staff members who find themselves facing criminal or

misconduct proceedings, or who face outcomes as a result of this procedure should consult with their representatives at an early stage to enable them to advise appropriately.

5. Administration

5.1. Random Testing

5.1.1. The number of staff to be tested will be risk based and determined by the Chief Officer Group. Any sample of potential candidates either within a particular area or department should be chosen on a random basis.

5.1.2. A routine testing regime may involve selecting a higher

proportion of candidates for testing in a particular area or department where the risk is higher.

5.1.3. A District or Department will be randomly selected to be

subject of testing on a given date and the identification numbers of officers and police staff within that testing group will be forwarded to the screening company. The screening company will then be responsible for randomly selecting the staff to be tested. The screening company will not be given the name or role of the staff concerned but will utilise identification numbers throughout their procedures.

5.1.4. A check will be made on CARMS to ensure that the selected

personnel are available on the target day. If insufficient staff are available at the selected site, further random numbers will be selected until enough staff are found to be available.


5.2. Directing staff attendance

5.2.1. The District Commander/Head of Department will be informed of the testing date.

5.2.2. The Duty Inspector or identified departmental manager (or

their deputies) will be notified of the names of the staff to be tested. That person will be responsible for contacting the staff to be tested by all means available (Airwaves, telephone etc.) and directing them to the testing site as soon as possible.

5.2.3. The direction to attend testing constitutes a lawful

order/reasonable instruction from the Head of PSD. The integrity of the process relies on staff being released for a screening test if they have been selected to do so. In exceptional circumstances where the selected member of staff cannot be released for operational reasons then the duty inspector/department manager must fully record why this is the case and inform the PSD representative as soon as possible.

5.2.4. Records of all staff that have not been able to attend testing

for operational reasons will be retained by the force liaison officer.

5.3. Arrangements for ‘with cause’ or extended testing

5.3.1. The on-call PSD officer will as far as possible notify the staff members’ District Commander and Staff Association in advance of the test so that the subject has, if requested, the availability and advice of a ‘friend’ or representative during the ‘test’ phase. However, nothing in this procedure will delay or hinder the taking of any sample at the time of its request.

5.3.2. During weekdays and office hours the member of staff

concerned will be directed to attend OHWT Eastleigh. This is the most likely time for a testing requirement. If a ‘with cause’ test is required during a weekend, or out of normal office hours the staff member may be directed to other Constabulary premises for testing.

5.3.3. The testing will be conducted by the screening company with

a PSD officer in attendance. A Regulation 15/16 or PS1 notice will be served in the event of a failure or refusal to provide a sample.


5.4. Arrangements for police candidate testing

5.4.1. Candidate testing will be conducted by the OHWT team using OHWT facilities at Eastleigh. Any failure, refusal or positive sample will constitute grounds not to recruit the candidate.

6. Monitoring and Evaluation 6.1. The procedure, its practical working and the results will be reviewed and

monitored by a review and monitoring group. The group will consist of the policy holder (PSD) and others who are involved in the procedure i.e. OHWT, HR, Police Federation, Superintendents Association, Unison, etc. They will not have access to personal data, only statistics, so that confidentiality between a person and the OHWT is maintained. The findings of the Review and Monitoring Group will be published so as to be available to any staff member.

7. Review 7.1. This procedure will be kept under regular review (at least annually) to

ensure that the testing is lawful, valid and proportionate to the risks posed. The annual review will be in addition to the Review and Monitoring Group review. The review will be carried out the Head of PSD or their nominated representative.

8. Other Related Procedures, Policies and Information Source

8.1. Information Sources

Home Office Circular 11/2012

ACPO Guidance on Substance Misuse & Testing

See also the Occupational Health and Wellbeing Team for information relating to substance misuse

AD203 Equality Impact Assessment

Origin: Professional Standards Department


Appendix A Drug Detection Times in Urine Samples

Drug/Drug Type Drug Detection Times

Alcohol 6 hours to 1 day

Amphetamines 1 to 4 days

Benzodiazepines Short-term therapeutic use: 3 days Long-term chronic use: 4 to 6 weeks

Cocaine 2 to 5 days

LSD 1 to 4 days

Marijuana Casual use: up to 7 days Chronic use: up to 30 days or longer

MDMA 1 to 4 days

Mescaline 1 to 4 days

Methadone 1 to 7 days

Methamphetamines 1 to 4 days

Nicotine 1 to 2 days

Opiates (including heroin) 1 to 4 days

Propoxyphene 1 to 7 days

Psilocybin (Mushrooms) 1 to 3 days

Steroids (Anabolic) Oral: 2 to 3 weeks Injected: 1 to 3 months Nandrolene: up to 9 months

Tricyclic Antidepressants 1 to 9 days

Source: this table is reproduced from a Factsheet that appeared in DrugLink, Vol. 19, No. 2 March/April 2004

02112 PROCEDURE – POLICE DRUG & ALCOHOL MISUSE · 02112 PROCEDURE – POLICE DRUG & ALCOHOL...

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