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Drug and alcohol misuse in the workplace
Contents
Part one – Policy............................................................................................................ 2
Chapter 1
Definitions.............................................................................................. 3
Chapter 2
Principles ............................................................................................... 3
Chapter 3
Powers and legislation........................................................................... 5
Chapter 4
Substance screening – Testing groups ................................................. 6
Part two – Policy procedure ....................................................................................... 10
Chapter 1
Responsibilities ................................................................................... 10
Individuals ....................................................................................... 10
Line manager .................................................................................. 12
District/departmental RO ................................................................. 13
Occupational Health Unit................................................................. 13
Professional Standards Department (PSD) ..................................... 14
Chapter 2
Voluntary self-referrals ........................................................................ 14
Chapter 3
‘With cause’ screening......................................................................... 18
Chapter 4
Testing................................................................................................. 19
Drug ................................................................................................ 19
Alcohol ............................................................................................ 22
Refusal to provide samples ............................................................. 23
Positive tests/screening................................................................... 24
Chain-of-custody collection ............................................................. 26
Chapter 5
Drink driving convictions ...................................................................... 27
Part three – Information and toolkits ......................................................................... 28
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Drug and alcohol misuse in the workplace
Part one – Policy
Policy
summary
West Yorkshire Police has established a policy procedure to provide
all staff with information which clarifies the Force’s position in respect
of the use or misuse of drugs or substances in the workplace (whether
prescribed or illegal drugs or any other substances that could damage
the health and safety of the user and their colleagues).
It also addresses the responsibilities of all staff to challenge the use of
such substances in the work place.
Aim
The aim of this policy is to explain:
• responsibilities of all staff;
• the types of substances that can be tested for;
• how to self refer;
• what happens when staff are suspected of misusing; and
• what happens if staff refuse to provide a sample for testing.
Scope
This policy applies to all police officers and staff irrespective of rank,
grade or role, employed by or working under the authority of West
Yorkshire Police, including:
• temporary staff;
• trainees;
• staff seconded from other Forces or organisations; and
• members of the special constabulary.
With respect to pre-employment screening, it applies to all police
officer and special constable applicants offered employment with West
Yorkshire Police.
Compliance
Health and Safety at Work Act 1974
Management regulations 1999
Home Office Guidance 45/2005 and Police (Amendment)
Regulations 2005; and HO Circular 11/2012 and Police Regulations
2003 as amended by The Police Amendment Regulations 2012
ACPO guidance
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Chapter 1
Definitions
The following terms are used within this policy:
Term
Substance
misuse
Misuse
Controlled
drugs
Chain of
custody
Medical Review
officer (MRO)
Review officer
(RO)
Definition
The use of controlled drugs and the inappropriate
use of prescribed or non-prescribed drugs, alcohol
and other substances such as androgenicanabolic steroids (AAS), prohormones, solvents
and gases.
Use in such a manner that is illegal, harmful or
problematic, either for the individual or others.
The following controlled drugs are currently laid
down in statute as being substances to be tested
for under this policy:
• Amphetamines (including ecstasy);
• Cannabis;
• Cocaine;
• Opiates; and
• Benzodiazepines.
Evidential integrity.
A specialist registered medical practitioner who is
contracted by the substance screening provider, to
evaluate and follow up positive screening results
with the donor, to ensure that there are no medical
or legitimate pharmacological reasons as to why
the sample tested positive.
A member of a district or departmental leadership
team (chief inspectors and above/HR manager or
equivalent).
Chapter 2
Objectives
Definitions
Principles
The objectives of this policy are to:
• screen applicants to minimise the chance of a person with a
substance misuse problem entering the service;
• screen staff members in safety critical roles, so as to minimise any
risk of operations being prejudiced due to impaired judgement;
• protect staff members in posts which may be vulnerable to malicious
allegations of substance misuse;
• provide support for staff who acknowledge they have a problem, and
who are prepared to undertake a rehabilitation regime; and
• provide a safe and healthy working environment for all staff, and to
ensure they are free from the risk of substance misuse whether
personally or through the conduct of others.
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• deter staff from substance misuse, through the application of a policy
that makes detection a real possibility; and
• ensure high ethical standards within the Force, in order to maintain
public confidence.
Force
undertaking
There is no place for illegal drug use and as an employer, we aim to
minimise occurrences through awareness raising, support and drug
testing, in circumstances where this would be regarded as
reasonable.
The purpose of the policy is to ensure our workforce is free from the
risk of drug abuse whether personally or through the conduct of
others. The underlying principal is to prevent substance abuse and to
provide support and treatment for members of staff who have a drugs
problem.
Employee
undertaking
All West Yorkshire Police staff, of whatever rank or grade should be
aware that the use of illegal substances is ethically incompatible with
the public expectations of the service.
While at work or on duty, you are expected to be free from impairment
by any substance, which may:
• have an adverse effect on your ability to carry out your role within the
organisation; or
• breach of any statutory provision concerning drugs or alcohol that
governs that role.
Substance misuse screening is designed to help create and maintain a
healthy workforce and to support the ethos of:
• integrity;
• individual responsibility; and
• accountability.
Androgenicanabolic
steroids
(AAS)/
Prohormones
There is evidence that the use of androgenic-anabolic steroids
(AAS)/Prohormones can have a significant impact on mood and
behaviour such as heightened aggression, paranoid jealousy,
delusions, impaired judgement and anger which could lead to
violence.
It has been determined that the possession or consumption of
anabolic steroids is not conducive with being employed by West
Yorkshire Police and is considered to be a breach of the:
• Standards of Professional Behaviour; or
• Code of Conduct for police staff.
The Force position on prohormones is that they will be treated in the
same way as ASS, i.e. that possession and use is prohibited.
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Therefore the use of any dietary/nutritional supplement that claims to
contain prohormones must be avoided. These products may contain
controlled AAS and could potentially result in a criminal offence, a
failed compulsory drug test and further ramifications.
The term prohormone is often used on supplements and the internet to
refer to substances claiming to be a legal alternative to legally
controlled AAS. However it is used as a marketing term to avoid the
use of steroid and adopted to convince the buyer otherwise.
All officers and staff are ultimately responsible for what goes into your
system regardless of labelling and/or advice.
AAS/Prohormones should not be confused with corticosteroids which
are widely prescribed to relieve inflammation for conditions such as
asthma and eczema. Drugs testing protocols are extremely accurate
and will return the precise identity of the steroid.
It is the responsibility of all staff to check that any supplements they
are taking are free of agents which will lead to a positive test.
The World Anti-Doping Agency website provides useful guidance on
banned substances.
Chapter 3
Powers and legislation
Discretionary
powers
West Yorkshire Police has discretionary powers to undertake preemployment screening of all staff.
Discipline
proceedings
It should be clearly noted that with respect to substance screening, a
request made under this policy for a police officer to provide a sample
for analysis is a lawful order under the Police Regulations.
Refusal to provide a sample for testing is a disciplinary offence and will
result in formal investigation by PSD.
For:
• police officers, it is a breach of Police Regulations (Regulations 10
and 19A); and
• police staff it is a breach of the general code of conduct, and
therefore would be subject to the discipline policy.
All staff should be clear of the consequences of:
• refusing to provide a sample; or
• failing to make themselves available so that a suitable sample can
be obtained.
The presumption of possession that would arise from a ‘positive’,
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medically confirmed test result should be, in the case of police officers,
treated as discreditable conduct.
Such action could potentially result in dismissal from West Yorkshire
Police.
Primary
legislation
This policy is secondary to any primary legislation, e.g. the:
• Road Traffic Act 1988;
• Railway and Transport Safety Act 2003;
• Misuse of Drugs Act 1971; or
• any future legislation that governs policy or procedures relevant to
substance misuse in the workplace.
Neither does it undermine the obligations on managers to investigate
suspected criminal or disciplinary misconduct.
Human Rights
Whenever carrying out actions as part of your duties under this policy,
you must consider the Human Rights Act 1998. Wherever there is an
impact on an individual’s human rights, you must ensure your actions
are:
• appropriate;
• proportionate;
• necessary;
• non-discriminatory; and
• lawful.
Chapter 4
Substance screening – Testing groups
Introduction
These groups are detailed in the new National Substance Misuse
policy and associated Police Regulations, (Regulations 10 and 19A,
Annex DD).
Substance
screening
‘Substance screening’ only provides data on the concentration of a
particular substance in a sample, at a given point in time. It does not
provide evidence of impairment or dependency.
Screening will be carried out by an external substance screening
provider using suitable qualified and experienced staff. Appropriate
techniques that involve a legally defensible, carefully controlled, dual
sample evidence chain will be used and sample collection will involve
non-invasive methods (generally urine samples and hair samples for
pre-employment screening).
Pre-
External applicants applying for any post within West Yorkshire Police
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employment
screening
whether a police officer or police staff role, and are successful at the
interview/final stage, may be substance screened. Refusal to
participate, or the provision of a ‘positive’ result indicating substance
misuse, will render that candidate ineligible for employment – See
Regulation 10(1hi) for police officers.
Note: This section does not include transferees – Regulation 10(1hi).
A request may be made under this policy for transferees to the Force
to provide a hair sample to be tested.
Where large numbers of staff are employed during any particular year
such that it is not practical to screen every single person, then
screening will be randomised so that the proportion of staff tested in
this category is similar to that for the Force as a whole, under the
random screening programme.
Routine
random
testing
Any police officer regardless of role, or police staff performing a safety
critical role, maybe required after selection in accordance with a
regime of routine random testing to give a sample of oral fluid or urine
to be tested for evidence of controlled drugs in accordance with the
policy.
Safety critical
roles
The West Yorkshire Police scale of testing is risk based. If the
assessment of risk is low, then any sample of officers or staff selected
for testing will be random, in consultation between the:
• SPOC officer;
• Head of Professional Standards Department (PSD); and
• substance screening provider.
The following roles have been classified as ‘safety critical’:
Role
Police
officers
Description
firearms officers authorised to use firearms or directly
supervising such officers – Regulation 19A(1di);
drivers authorised by the Chief Constable to use the
police exemption under the Road Traffic Regulation
Act 1984, and holding posts in which they may be
called on to use that exemption – Regulation
19A(1dii);
members or supervisors of Police Search Advisor
(POLSA) teams – Regulation 19A(1diii);
police divers – Regulation 19A(1div);
air crew. These staff members are tested outside this
policy under the Railways and Transport Safety Act
2003 and associated legislation, which has a more
stringent testing criterion;
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officers who have access to Taser as part of their
duties or who directly supervise such officers; and
members or supervisors of Police Search Advisor
teams (POLSA).
based on the premise that impairment could pose a significant risk
of physical harm to others, the following police staff roles have been
classified as ‘safety critical’:
Police staff driver training instructor;
PCSOs and PCSO supervisors (drivers and cyclists);
aircraft engineers;
vehicle technicians;
firearms training staff, staff who have access to
firearms/authorised explosives or who as part of their
duties are involved routinely in dealing with non-police
firearms/explosives and managers who directly
supervise such staff;
area/Force control room operators and supervisors;
assistant investigators working within the vulnerable
victims/ Safeguarding Unit (vulnerable adults and
children);
assistant investigators working within the rape
investigation unit;
members or supervisors of Police Search Advisor
teams (POLSA);
staff involved in public order training; and
Business Services - estates staff (those who survey
buildings especially multi storey buildings).
NPAS
Accountable Manager
Director of Operations
Safety and Compliance Manager
Quality Manager
Quality Auditor
Continuing Airworthiness Manager
Continuing Airworthiness Engineer
Chief Pilot
Senior Pilot
Line Pilot, rotary and fixed wing
Assistant Operations Director
Base Manager
Tactical Flight Officer
Operations Centre Manager
Operations Centre Sergeant
Operations Centre Supervisor
Flight Duty Officer
Flight Despatcher
Chief Inspector
Vulnerable
This category includes officers who have been identified by the Chief
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roles
Constable as being vulnerable because of a specific responsibility for
dealing with drugs – See Regulation 19A(1c).
At the present time this includes Drug Squad and Test Purchase staff,
whether:
• full-time or otherwise;
• part of a specialist unit; or
• operating dual roles with a significant component of drugs-based
work.
For police staff the vulnerable roles have been identified as follows
based on the likelihood of individuals to come into regular contact with
controlled drugs and/or drug dealers:
• test purchase liaison officer;
• crime scene investigator and supervisors;
• property clerk;
• driver attendants; and
• detention officers.
If a high degree of risk is assessed, then testing is to be regarded as
routine. Universal testing of all officers and staff in the vulnerable
category might be appropriate. However, if the risk assessment is low,
then random testing would be appropriate.
The above lists are not exhaustive and additional roles can be
considered on verification by the Employee Relations manager, HR
Department.
Student
officers
Student officers who are on a period of probation under Regulation 12
– See Regulation 19A(1b).
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Drug and alcohol misuse in the workplace
Part two – Policy procedure
Chapter 1
Responsibilities
Individuals
Introduction
There is a duty on all staff under Health and Safety legislation, to take
reasonable care of:
• themselves; and
• any other person who may be affected by their acts or omissions at
work.
Police officers have additional responsibilities under the Codes of
Conduct and Police Regulations.
Acknowledging If you have or suspect you have an alcohol, drug or substance-related
the problem
problem you have a clear personal responsibility to acknowledge your
condition and seek assistance, as soon as possible. See voluntary
self-referrals.
You also have a personal responsibility not to undertake any task or
duty that puts either yourself or others at undue risk. Failure to
recognise this and take appropriate action could, in a worst case
scenario, result in terrible consequences for not only yourself, but also
your family and others.
Failure to selfrefer
While you are under no obligation to self-refer for substance misuse, if
you decide against this you must be aware that you will be subject to
the criminal and/or disciplinary consequences of positive random or
’with cause’ tests.
Prescribed
drugs or other
medication
Where you are prescribed drugs or are taking other medication which
may have adverse side effects that have a direct bearing on your
duties, you must notify your line manager without delay so that a risk
assessment can be conducted and alternative duties considered.
This should be considered carefully if you are involved in a role that
requires clear judgement and reactions (e.g. firearms), where even the
slightest degree of impairment could have serious consequences. If
you are impaired by alcohol or prescribed drugs, and receive a call to
duty, you must decline.
Requesting
On recognising you have a problem, you should, in every case,
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help from the
Occupational
Health Unit
approach the Occupational Health Unit, for help.
This is your responsibility and is the case even if you elect to seek
help from an outside agency, rather than from the Force. This enables
the unit to liaise with the district or departmental review officer (RO) to
undertake an immediate risk assessment in respect of the problem
and the your current duties.
Medical matters will remain confidential and you will be treated with
dignity and respect, at all times.
Duty of care
for colleagues
It is not appropriate for a member of staff to ‘cover up’ for a colleague
who is suffering as a result of substance misuse or ignore the problem.
We all have a duty of care to one another and it creates a situation of
risk to both that person and others if the situation is ignored. In certain
cases, it may render the member of staff liable to misconduct or
criminal investigation.
When you suspect that a colleague may have a substance misuse
problem, you should initially encourage that person to seek
assistance. If they refuse, fail, or the concern persists, you should
inform either your:
• own line manager; or
• colleague’s line manager,
in confidence.
If the person causing concern is undertaking duties that are hazardous
in nature and the suspected substance misuse has a direct bearing on
the risk factor associated with those duties, you must inform a
manager without delay, so that immediate steps can be taken to
remove that risk.
Undergoing
rehabilitation
While undergoing an agreed course of rehabilitation you may be
tested on initial referral, as determined by the Occupational Health,
consistent with the treatment regime being undertaken.
The Force has a duty to share information with relevant others to
ensure that an effective risk assessment can be undertaken.
Not eligible
for transfer or
promotion
While being rehabilitated, you will not be eligible for transfer, other
than that required by the risk assessment, or promotion.
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Line manager
Introduction
Managers and supervisors must be alert to early indicators of a
possible substance misuse problem.
Impairment
guidance
The below toolkit outlines some general guidance on drug and alcohol
for line managers.
Impairment guidance for line managers
Becoming
aware of a
problem
On becoming aware of a problem you should speak with the individual
and offer advice, support and guidance in a sympathetic and
confidential manner – see Manager’s process (help and support).
If you become aware of a problem via a third party:
• during office hours the referral should be made via the local
Professional Standards Unit at Territorial Districts or directly to HQ
PSD for other departments,
• out of hours referral should be made via Silver cadre, and
• encourage the individual to seek assistance from the Occupational
Health Unit by way of self-declaration through the normal
management referral process.
However, in all cases you must notify the district or departmental
RO of the problem, so that a risk assessment can be undertaken.
Investigate
allegation of
misuse
It is your duty to investigate allegations of criminal and disciplinary
misconduct under legislative powers or the Codes of Conduct.
In cases where there has been no evidence of self-declaration and
you have been formally notified by a third party, it may be appropriate
to refer the matter immediately to the duty PSD inspector for
investigation. Outside daily working hours, the matter should be
referred to the Silver Cadre.
Where you are informed of an individual with a possible substance
misuse problem and need to take urgent steps to remove the
associated risk factors, then you must:
• take immediate action to remove the risk, see Manager’s process
(signs of impairment); and
• inform PSD.
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District/departmental RO
Introduction
The district/departmental RO will support staff, managers and
Occupational Health in their duties under this policy. In consultation
with Occupational Health, they will provide advice on reasonable
targets and timescales and will facilitate treatment regimes agreed
with OHU, by arranging for the necessary duty and deployment
changes to take effect.
Additionally, HR Resourcing Section will be responsible for all preemployment testing and the testing of volunteers on initial recruitment.
They will perform this function at the direction of the Head of PSD.
Occupational Health Unit
Introduction
West Yorkshire Police will provide information and training to all staff
on the dangers and signs of substance misuse, with a view to
increasing staff awareness.
Prevention
and early
intervention
Prevention and early intervention strategies will enable staff to come
forward (self-declare) to receive assistance, on a voluntary basis, in a
confidential, dignified and supportive environment. This will be
supported by advice, with the objective of full rehabilitation, having
regard to the types of treatment currently available.
The district/departmental RO will be the primary point of referral and
contact, in all cases, so that no one is left without support.
Further information can be accessed via the Health and
Wellbeing Intranet site
Risk
assessment
On identifying someone with a substance misuse problem, the
district/department RO and Occupational Health will undertake a risk
assessment. 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 their current role and duties. There may need to
be an immediate change of duty and/or deployment, before starting
any treatment or rehabilitation programme.
Referrals by a
If an individual with a substance misuse problem has been referred to
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third party
Occupational Health by a third party, e.g. information passed by a
district/departmental RO to a line manager, and that individual is not
willing to:
• co-operate with any assessment;
• receive medical help; or
• denies that there is a problem,
then, Occupational Health will be unable to help them.
In such cases, Health and Wellbeing will refer the matter back to the
district/departmental RO who will inform PSD which will then be
responsible for any further action deemed necessary.
Professional Standards Department (PSD)
Introduction
The PSD is responsible for the implementation, review and
compliance of this policy.
Responsibility PSD will be responsible for the investigation of all cases where:
for
• a ‘positive’ result indicates substance misuse, in circumstances
investigations
where a criminal or disciplinary offence may have been committed;
and
• staff refuse or fail to provide a sample.
Refusal or failure to provide a sample will be deemed as gross
misconduct and dealt with as if it were a ‘positive’ result.
‘Positive’
result
On notification of a ‘positive’ result, a management referral will be
made with the Occupational Health, to see if the person concerned
has self-declared and is undergoing treatment. If this is the case, and
the test is not in breach of an agreed treatment plan then no
investigation will be undertaken; it will remain a welfare issue.
If this is not the case, or was not the case when the test was taken, an
investigation will start.
Note: It should be borne in mind that a person may self-declare for
one substance (e.g. cannabis) but test ‘positive’ for another (e.g.
heroin). In such cases where, for example, the heroin use has not
been declared, the PSD will investigate the matter, as this would not
be classed as ‘self-declaration’ for the heroin.
Chapter 2
Voluntary
Voluntary self-referrals
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declarations
(Self Referral)
and
rehabilitation
declare.
The onus is on you to take advantage of the help and support offered
by the Force. Voluntarily self-declaring and co-operating with such
treatment will be dealt with in a sympathetic manner, within a welfare
framework. However, those who self declare a drug or alcohol
problem will only be given one opportunity to obtain support.
The only exception will be where you voluntarily request assistance
and are involved in serious criminal activity in respect of illegal
substance misuse, e.g. drug dealing (the Occupational Health have a
duty of disclosure in such circumstances), or other offences that go
beyond ‘personal use’. In which case, the matter will be subject to
criminal investigation.
Where you do not come forward voluntarily, and are found to have a
substance misuse problem, you will face a disciplinary/criminal
investigation. In such cases, support may be limited to advice only.
How to
contact
Occupational
Health
To make an initial contact with Occupational Health, regarding a
problem, you can do so by:
• contacting your RO or line manager;
• personal contact, by asking to see a nurse, who will then refer the
matter on to the doctor;
• by leaving a message on the Occupational Health answering
machine; or
• sending an e-mail to the unit.
Your RO will be informed that a referral has been made but the
reasons will remain confidential.
Occupational Health staff will then make contact with you, as soon as
practicable. Any medical emergency in respect of substance misuse
should be directed to the local hospital A&E Dept. or your own doctor.
Note: It is not acceptable to self-declare after having given a sample
that you believe will be ‘positive’, in order to avoid a misconduct
investigation.
Once a problem is identified, you have a responsibility to co-operate
with a rehabilitation regime. If you are requested to supply samples
for substance misuse testing for treatment purposes under this policy,
you should provide them. Failure or refusal to co-operate will be dealt
with under the misconduct/discipline procedures.
Review officer
All voluntary self referrals should be made via your RO.
Where you make a voluntary ‘self-referral’ directly to the Occupational
Health or to your line manager you will be advised to speak to your
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RO. You should be aware that Occupational Health or your line
manager will advise the relevant RO of this referral for the purpose of
conducting an effective risk assessment.
This prior knowledge negates the issue of medical confidentiality.
First meeting
Once a RO has received a voluntary self-referral they must promptly
meet with the member of staff and conduct an initial self–assessment.
This will be regarded as the first meeting.
The first meeting must be held at the earliest opportunity and in any
case before the member of staff undertakes operational duties.
Should an individual, who initially declares their substance misuse to
their line manager or Occupational Health refuse or fail to approach
the RO before their next tour of duty, then the matter will be referred to
the PSD Intelligence Unit by the line manager or Occupational Health.
At the first meeting the RO will risk assess the individual’s current
position and role, and determine any immediate restrictions that are
required, to safeguard the public, the organisation and the individual.
If the disclosures are limited such that an informed risk assessment
cannot be made then default restrictions should be imposed as
follows:
• no driving of the organisation’s vehicles in any capacity;
• no public facing duties (back office role); and
• no involvement in evidential chain.
All restrictions, whether tailored or default, should be communicated to
both the individual and their respective senior leadership team (SLT)
lead. These restrictions will remain in place until the ‘case
conference’.
Following the first meeting the RO will arrange a formal referral to the
Occupational Health which will form the second meeting.
Second
meeting
The second meeting will be arranged with Occupational Health and
will take place no later than seven days after the first meeting.
The second meeting is the forum for Occupational Health to explore
what the substance misuse is and what welfare, support and treatment
plans are required.
Failure or refusal to attend the meeting will be promptly referred to the
PSD Intelligence Unit.
Occupational Health will be responsible for coordinating any treatment
programmes or contacts and implementing any monitoring of the
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individual concerned.
Case
conference
Within seven days of the second meeting, Occupational Health will
convene a ‘case conference’ with the RO.
If the misuse involves a Class A, B or C controlled drug that are not
under prescription then a member of PSD SLT must also attend.
The case conference will consider the following:
Stage
Description
Alcohol or prescription drug misuse only:
1
consider criminality of misuse and whether PSD need to be
informed in respect of the disciplinary actions;
2
review the current restrictions and ability to perform current or
alternative roles;
3
consider appropriate adjustments/abstractions required to
facilitate treatment programmes or contracts or whether the
individual needs to be on sick leave;
4
establish district/departmental monitoring arrangements;
5
consider Joint Operational Instructions (For the Disclosure of
Unused Material) (JOPI) implications;
6
establish timescales and review dates; and
7
agreed testing to ensure compliance with treatment
programme/contract.
Controlled drug misuse only:
in such meetings a member of PSD SLT must attend:
1
consider criminality of misuse and agreed whether criminal
and/or disciplinary action must begin (including referrals to
the IPCC). Either way:
1 review the current restrictions and determine whether
PSD restrictions or suspension is appropriate;
2 if the individual is to remain in the workplace, consider
appropriate adjustments/abstractions required to
facilitate treatment programmes or contacts or whether
the individual needs to be on sick leave;
3 consider JOPI implications;
4 establish timescales and review dates; and
5 agree to random hair testing.
Recording the
case
conference
A record of the discussion made at the case conference must be given
in writing to the individual and all attending parties within 5 days.
The individual will be asked to sign the original copy of this record
which will be kept by the RO.
Review
The RO will convene a ‘review conference’ bi-monthly with
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conference
Occupational Health (and PSD if involved) to review the risk
assessment.
Any breach of the agreed treatment programme or contract will trigger
an immediate referral to PSD Intelligence Unit.
Final review
conference
A final review conference should take place where an individual has
successfully completed a treatment programme or contract, to ensure
they are reintegrated into the working environment properly. The
individual may be present at this final review conference if they so
choose.
It is expected that given the nature of substance misuse, Occupational
Health may wish to have periodic contact with the individual as part of
their continuing welfare duty. Once a final review has taken place any
future concerns identified by Occupational Health should be passed to
PSD Intelligence Unit.
Chapter 3
Intelligence
‘With cause’ screening
Suspicions of substance misuse that are identified by colleagues or
line managers should be referred to PSD.
Where information and/or intelligence is available that indicates a
member of staff is involved in substance misuse, and that person has
not voluntarily self declared to their RO or informed Occupational
Health, they may be subject to screening and the matter investigated.
Intelligence will be appropriately graded using the existing grading
matrix and any action will be based on evaluation. Authorisation for
the intelligence screening of an individual will be by a member of the
PSD SLT on the basis of ‘reasonable suspicion’, after careful
consideration and evaluation of the intelligence.
When such intelligence is received and the requirement to screen is
urgent, i.e. there is a need for a screening test as soon as possible,
then the duty on-call PSD inspector will be contacted, via the Force
duty officer, who will evaluate the matter and make the necessary
arrangements.
Outside of office hours, the on duty Silver Cadre will be contacted who
will evaluate the matter and facilitate the necessary arrangements.
In instances where an individual has come forward voluntarily for help
with a problem and then evidence subsequently comes to light of
offences that would be classed as serious enough to warrant an
investigation (e.g. drug dealing), then the PSD will carry out that
investigation.
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Coming forward voluntarily will not protect an individual from criminal
investigation, where the matter is serious, e.g. more than personal
possession.
Action in
cases of ‘With
cause’
Where intelligence exists that necessitates a ‘with cause’ test, PSD will
arrange for the individual to be tested in accordance with this policy.
The following action will be taken:
For
Urgent
requests
Non-urgent
requests
Action
There is an on-call procedure in place, by contacting
the duty Silver Cadre via the Force duty officer that
enables a collection agent to be called out and attend
within two hours of the request being made.
PSD will collate all available intelligence and conduct
a ‘with cause’ test.
Chapter 4
Testing
Drug
Introduction
The purpose of drug testing is to establish whether the donor of the
specimen has consumed a controlled drug at some time before the
collection of the specimen. The identification of a drug in a specimen
is not the complete picture as there may be legitimate reasons for the
drug being present.
Controlled
drugs
Anyone who has misused controlled drugs is at risk of:
• disciplinary proceedings, which could lead to dismissal; and
• criminal prosecution.
Because of this double jeopardy, and whether or not criminal
proceedings are contemplated, cautioning and interviewing should be
to the standards required under the Police and Criminal Evidence Act
and should be conducted by PSD.
Test result
terminology
The outcome of a drug test is expressed as a result:
Stage
negative
positive
Description
for a specimen indicates that no illicit drug use has been
identified; or
indicates that there is evidence of illicit drug use that
cannot be explained by any of the legitimate medications
used by the donor.
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On site
screening
On site screening tests may be used to screen out ‘negative’ results,
but a ‘positive’ indication at the screening stage must be submitted for
full laboratory analysis and medical review.
All final drug ‘positive’ test results should arise from analysis
conducted in an accredited laboratory.
Three stages
of testing
Drug testing involves three stages, these are:
No
Stage
1 Collection
2
3
Analysis
Medical
review
Description
The collection of a specimen from a donor must
be conducted in such a way as to maintain the
‘chain of custody’ of the specimen, with full
documentation at all stages.
The collection agent must be properly trained,
applying the appropriate standards to maintain
the integrity of the exhibit.
Analysis is the process of seeking to detect drugs
in the collected specimen. If no drugs are found
in the specimen, the drug testing procedure is
complete at that stage and the Force will be
advised of the ‘negative’ outcome.
If the analysis identifies one or more drugs in the
specimen, further work is required.
The positive analytical results need to be
interpreted in the light of any factors that may
provide a legitimate explanation for the presence
of the drugs (e.g. medications taken by the donor
before the test). Officers and staff will be given
the opportunity to declare any medication being
taken at the time of the test. This will be retained
by the collecting agent under confidential cover in
the event that a test returns positive.
Following a negative test, the declaration will be
destroyed.
This process is referred to as the ‘medical review’
and is conducted by a MRO, in case there is a
need for a medical discussion with the donor.
‘With cause’
testing
For ‘with cause’ testing, the Force is able to test for the substances
listed under definitions ‘controlled drugs’ and one other controlled drug
or drug group provided that the:
• reason for the test is based on intelligence that there is a ‘reasonable
cause to suspect’ that the officer or staff member has used a
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controlled drug; and
• officer or staff member is informed of the drug(s) or drug groups(s)
for which they are being tested before testing.
The procedure for extended sampling on ‘with cause’ testing is:
Step
1
2
3
4
5
Action
an officer of at least the rank of ACC may authorise a
maximum of three samples to be required from police
officers and police staff (or on secondment to or from the
Force) where there is corroborative intelligence which gives
'reasonable cause to suspect' that the officer or staff member
has used a controlled drug over an extended period i.e. on
more than one occasion;
that 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 ending at midnight on day
90.
When calculating the 90 day period no account should be
taken of any periods of sick leave.
the officer or staff member will not be given any advance
notice of the requirement to provide each sample;
the officer or staff member 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 or staff
member will be informed of the drug or group of drugs
against which his or her sample will be tested.
the officer or staff member will be entitled to have a work
colleague, or a staff association/trade union representative
present when the samples are being taken.
However, a delay in the work colleague or staff association/
trade union representative attending will not delay the testing
procedure provided that the officer or staff member has been
able to consult them.
A ‘with cause’ drug test may include taking a hair or urine sample. A
refusal to provide any sample on request will result in disciplinary
action being taken.
MRO opinion
The MRO reviews the evidence and arrives at an opinion as to the
origins of the drugs identified. Therefore:
If ...
the presence of drugs can be
explained by the use of
prescribed or proprietary
Then ...
the Force will be advised of a
‘negative’ outcome.
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medication
the presence of drugs cannot
be accounted for
there is any doubt
the Force will be advised of a
‘positive’ outcome.
The ‘positive’ outcome reported
will include the details of the
drug(s) identified.
the overriding principle of the
medical review process is to give
the benefit of the doubt to the
donor.
Alcohol
Routine
random
testing
Any police officer may be required after selection in accordance with a
regime of routine random testing to give a sample of oral fluid or urine
to be tested for evidence of alcohol in accordance with this policy.
Fit for duty
All staff has a general responsibility to present themselves fit for duty.
If their judgement is impaired by the consumption of alcohol, they are
unlikely to be fit for duty and managerial action is needed to assess
the level of impairment – see Impairment guidance toolkit.
Note: Reporting for duty while having previously consumed alcohol
(for example, on the previous evening), does not equate with the
criminal offence of using illegal drugs. Managerial action needs to
reflect this.
Determining
unfit for duty
It is for the supervisor to determine whether an individual is unfit for
general duties, due to the consumption of alcohol.
As with drugs, self-declaration of a drink problem is a matter that
should be managed through Occupational Health, rather than being
regarded as a disciplinary matter.
All staff should note that the alcohol limit is 40mg/100ml of urine, in
line with Police Regulations, which means that at this level or above,
staff will be considered unfit for duty and will be the subject of
misconduct proceedings.
Declaration
It should always be open to all staff to declare that they suspect they
might have inadvertently exceeded the limit. Any such declaration
should be made before the individual is notified of any requirement to
take a test.
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Such declarations should not result in the individual being penalised,
provided there is no pattern of continuing excess. A declaration may
be particularly appropriate in circumstances of an unexpected change
of duty, for example being allocated to driving duties involving possible
use of the police exemptions under the Road Traffic Act, due to a staff
shortage.
Safety critical
roles
The West Yorkshire Police scale of testing is risk based and anyone
working in safety critical roles will be subject of random alcohol testing.
There is a presumption that a person is unfit to work in a safety critical
role, if they have more than 29mg% in blood (39mg% in urine, 13
micrograms% in breath). This compares with a limit of 80mg% in
blood for driving.
Conducting a
breath test
Note: This section does not undermine the obligations on supervisors
/managers to investigate and take action in respect of drink driving
offences under Road Traffic Legislation.
If a supervisor smells intoxicants on the breath of an individual who
has not committed offences under the Road Traffic Legislation they
are liable to testing. A breath alcohol test can be administered after a
wait of 15 minutes. This is because at the time the suspicion is
aroused, a proportion of the alcohol consumed may still be in the
individual’s stomach. Alcohol must be absorbed into the body to
register in a breath alcohol test.
Where testing is carried out, it should be conducted using breathtesting equipment capable of making measurements at the 13
micrograms% level.
Officers and staff should never be tested on apparatus held in a
custody suite. Testing should be arranged by contacting the duty oncall PSD inspector, via the Force duty officer.
Out of hours testing will be arranged by contacting the duty Silver
Cadre.
Each ‘breath test’ should consist of two consecutive breath specimen
tests from the individual, with the final result being declared as the
lower of the two.
Refusal to provide samples
Introduction
Where an individual refuses to provide a sample for testing, the single
point of contact (SPOC) officer should contact the on call PSD
inspector, or Silver Cadre if necessary, via the Force duty officer.
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Criminal
prosecution
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 rebutted by medical evidence that the
positive test resulted from use of a lawful medication.
Positive tests/screening
On-site
screening
stage
A confirmed result, either ‘positive’ or ‘negative’, will not be available
until the completion of laboratory analysis and medical review, a
process that is likely to take two or three days. Any difficulties arising
from this delay are outweighed by the benefit that screening enables
there to be an instant confirmation of a ‘negative’ result.
At this stage, there is no final result, so the language used to describe
the outcome of an on-site test is very important. In particular, terms
such as ‘a test has been failed’, should not be used, as this is not the
case.
Role
Donor
Line
manager
Information required
• the individual being tested should be advised that:
− a ‘positive’ screening test result provides a
provisional indication only; and
− they must provide a further specimen, for external
laboratory analysis; and
• the sample will be subject to further laboratory
analysis and medical review, which could result in the
final result being ‘negative’.
should be informed immediately of a ‘positive’ on-site
screening test result, as it is their responsibility to
assess the risk in relation to the duties due to be
undertaken by the individual. There would be a
presumption of removal from duties involving contact
with the public and removal from the evidential chain.
Note: Formal suspension would be appropriate only if
a ‘positive’ result was confirmed following laboratory
test and medical review.
After
laboratory
analysis
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.
The MRO will, in most cases, make contact with the donor within an
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agreed time (usually two days) to discuss the result, so that all medical
and pharmacological factors are explored. These discussions are
confidential between the donor and the doctor.
In the case of substances such as alcohol and prescribed drugs, the
MRO may request contact with the donor where the levels fall well
outside the normal therapeutic range or gives cause for serious
concern.
Communication Results from the screening provider will be returned by secure email
of results
to PSD for all screening results, other than pre-employment where
they will be returned to a nominated individual in the Resourcing
Section.
PSD will be responsible for communicating ‘negative’ results to the
individuals concerned and dealing with all ‘positive’ results in the
following manner:
Donor tested
‘positive’
for an illegal
substance but has
not previously selfdeclared
for an illegal
substance but
states that they
have previously
self-declared to
Occupational
Health
Action
The matter will be referred to the PSD for
investigation, which may necessitate the
suspension of the individual concerned.
Support will be offered by the organisation but
may be limited to advice only. The decision to
undertake any treatment regimes and any
associated cost will be a matter for the
individual and will not be borne by the
organisation.
Staff should be reminded that under the
provisions of the policy, any self-declaration to
Occupational Health, before a positive test, will
ensure that they are dealt with by way of
welfare and support, and not misconduct
(except in cases of serious criminal offences).
Providing the test does not indicate that the
individual has breached the term of their
agreed treatment program/contract.
for a substance
that is not illegal
but the presence or
concentration of it
However, Occupational Health has a duty to
disclose to PSD full details following a ‘positive’
test result, in order to establish the validity of
the claim.
The matter will be referred to Occupational
Health for evaluation. However, the PSD will
seek advice from Occupational Health and/or
medical specialists in such cases.
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gives rise for
concern
at pre-employment
screening
Staff are reminded that there is duty under
Health and Safety legislation to look after their
own health.
The matter will be referred to the Resourcing
Section who will:
• keep a restricted and secure access
database of test results;
• communicate both ‘positive’ and ‘negative’
results to the donor / applicant; and
• share information with other Forces with
regards to any applicant who provides a
‘positive’ result, in accordance with the Data
Protection Act and the Bichard
recommendations.
Chain-of-custody collection
Introduction
The general principles of ‘chain of custody’ collection are to:
• ensure that the donor understands the procedure;
• document medications taken by the donor;
• maintain the evidential integrity – ‘chain of custody’;
• avoid cheating by the donor (specimen dilution, adulteration,
substitution etc);
• allow the donor to provide a specimen in appropriate circumstances
(e.g. privacy for urine collection);
• adopt procedures that allow the donor to have access to the
specimen for independent analysis (e.g. splitting the specimen);
• allow the donor to observe the whole procedure by which the
specimen is packaged ready for transport to the laboratory;
• ensure that the specimen is untouched at any stage, thereby
avoiding contamination; and
• ensure that the specimen is sent to the laboratory in tamper-evident
packaging.
Frequency of
testing
There is no minimum or maximum time limits between tests and staff
can be tested at any time while on duty.
Challenging a
‘positive’ test
result
The donor has the right to challenge the results of a drug test using
the second part of the split specimen (the ‘B’ sample). In the case of a
challenge, the sealed ‘B’ sample will be sent to an independent
accredited laboratory of the donor’s choice.
The donor is required to meet the cost of the transfer and subsequent
analysis; however these costs will be reimbursed in the event that the
test on the ‘B’ sample is ‘negative’.
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Collection
process
The link below outlines the collection process, the sample collection
and the quality standards.
Chain-of-custody collection toolkit
Chapter 5
Consequence
of drinking
and driving
Drink driving convictions
Drink driving is a dangerous and irresponsible action and it is the
Force’s position that any:
• police officer would be expected to be dismissed following any drink
driving conviction; and
• police staff convicted of drink driving will be subjected to a
disciplinary investigation, which could also result in dismissal.
The reason for the above consequence is due to:
• the severity of the offence;
• the potential consequences of driving while under the influence; and
• maintaining public confidence and the expectation that West
Yorkshire Police set high standards of conduct at all times.
Exceptional
circumstances
Only in exceptional circumstances would a different sanction be
appropriate for staff such as:
• mitigating circumstances;
• no aggravating factors; and
• the staff member’s role did not require them to hold a driving licence.
The Force being aware of an alcohol or drug problem in no way
mitigates the individual from the above.
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Drug and alcohol misuse in the workplace
Part three – Information and toolkits
Form
Medication disclosure
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Drug and alcohol misuse in the workplace
Policy database administration
Document
information
The table below lists the details relating to this document.
Item
Document title:
Owner:
Author / Reviewer:
Date of last review:
Date of next review:
Equality and
Human Rights
Assessment
Details
Drug and alcohol misuse in the workplace
Professional Standards
17/09/2015
16/09/2017
I am satisfied this assessment demonstrates compliance with the
Human Rights Act 1998 and the General Duties under the Equality Act
2010, and that ‘Due Regard’ has been given to the need to eliminate
unlawful discrimination; advance equality of opportunity; and foster
good relations.
Lead:
Date: September 2015
Author:
Date: September 2015
Department:
Quality and Standards
Form
112
Drug and alcohol
misuse in the workpla
Link to version
held on Registry
Revision
information
The table below details revision information relating to this document.
Topic Title
Updated in relation to changes in general
re force titles/terms and repaired any
broken links.
Reviewed and updated re androgenicanabolic steroids (AAS).
With cause testing section added to end of
table on page 20.
Addition of NPAS roles under ‘Safety
Critical Roles’ these were agreed to be
included at October 2016 JNCC and
requested by NPAS.
Date of last update
03/09/2014
17/09/2015
30/10/2015
14/10/2016
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Addition of prohormones under Chapter 2
Principles and is included in the section
relating to Androgenic anabolic steroids.
Approved at December JNCC.
13/12/2016
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