Policy Scope:

This policy is in line with Police (Amendment) Regulations 2005 and Home Office Circular 45/2005.

This policy affects all police officers (including special constables) and police staff, irrespective of rank, grade or role.

‘Drugs’, for the purpose of this policy, refers to ALL substances (except Alcohol – see Alcohol Misuse D51351) of any description whether legally obtained or otherwise, including prescription and ‘over the counter’ medications, that may have an adverse effect on an individual’s ability to carry out their work duties.

Nothing in this policy will prevent the exercise of statutory duties in relation to the Road Traffic Act 1988 or the Misuse of Drugs Act 1971, nor does it undermine the obligation to investigate suspected criminal or disciplinary conduct within any legislative or misconduct provisions.

Policy Aims and Objectives:

The objective of this policy is to ensure that:

• All staff are made aware of their responsibilities regarding drug problems.

• Staff who are misusing drugs are encouraged to seek help, in confidence, at an early stage (and prior to any request for a sample, if applicable).

• Staff who volunteer a drug related problem are dealt with sympathetically, fairly and consistently.

• Appropriate, effective and legitimate processes are in place to test officers for drug misuse.

In addition this policy aims to:

• Increase awareness of the effects of drugs and of the likely symptoms of misuse.

• Assist staff to seek help in confidence at an early stage.

• Where possible, assist staff to return to full health.

Introduction

South Yorkshire Police is committed to providing a safe, healthy and productive working environment.

It is acknowledged that the use of illegal drugs and the misuse of prescription drugs can:

• Harm a person’s health.

• Cause a person to act or behave in an unsafe manner.

• Be a major contributory factor in accidents (often involving not only that person but their colleagues and the public).

• Reduce a person’s productivity.

• Adversely affect a person’s integrity, putting their own and the force’s reputation at risk.

The force does not approve of the use of illicit drugs or the misuse of prescription drugs, however it will provide support to those who acknowledge they have a problem and who are prepared to self-refer to the Occupational Health Unit to undertake a rehabilitation programme.

Officers have a general responsibility to present themselves fit for duty and South Yorkshire Police have a duty of care to all staff under Common Law, the Police (Health and Safety Act) 1997 and the Health and Safety at Work etc Act 1974. This latter Act clearly states that it is the responsibility not only of the employer but also the employee to protect themselves and others who may be affected by their action. It is a criminal offence to put others at risk by negligent acts or omissions.

Associated Procedural Instructions:

This policy is supported by the following procedural instructions:

Roles and Responsibilities

The Individual

Police officers and staff who have a drug problem have a clear personal responsibility to acknowledge their condition and seek assistance.

To self-refer a drug problem the individual must report the matter, either personally or via a supervisor or manager, to the Occupational Health Unit by any of the means outlined on the OHU website.

Where a member of SYP personnel has self-referred to the Occupational Health Unit it is the individual's duty to co-operate with their medical assessment, to attend regular monitoring sessions and to co-operate with any rehabilitation treatment. Routine testing may be used to support part of any rehabilitation programme. Failure to co-operate may be dealt with under the misconduct, capability and/or unsatisfactory performance procedures.

If a member of SYP personnel is contacted out of their normal working hours to attend for work, and they are unable to comply with this policy, they are required to say they are unavailable for work.

The Colleague

SYP personnel who believe that a colleague (ie any other member of SYP) may have a drug problem should encourage him/her to seek assistance via the Occupational Health Unit (ie self-refer). They should also notify the individual’s supervisor/manager in confidence.

If the colleague, for whatever reason, feels they cannot approach the individual or their supervisor/manager they may make a Professional Standards report (see Internal Professional Standards Reporting – Instructions D51031).

The Supervisor/Manager

All supervisors and managers are required to support this policy in a manner evident to all SYP personnel.

The provisions of the Health and Safety at Work etc Act 1974 require supervisors and managers to take action in relation to individual's about whom there is concern relating to drugs misuse. These provisions are now supported by Police Regulations. However well intended, it is inappropriate and could have serious consequences for a supervisor or manager to fail to act when an individual's work, performance or behaviour may be suffering as a result of drugs misuse.

Where an individual self-refers (see Self-Referral below) a drug problem, either via their supervisor/manager or direct to the Occupational Health Unit, the supervisor/manager will be responsible for conducting an initial risk assessment to consider whether the individual’s duties need to be modified on the basis of risk (see Risk Assessment below). If the self-referral is made via the supervisor/manager they must complete form ADM/39 and call a case conference (see Case Conference below).

After self-referral the Occupational Health Unit will require the individual to consent to a rehabilitation programme which may include ‘routine’ testing over the period of the programme. The responsibility for arranging the ‘routine’ testing of the individual will be that of the supervisor/manager in consultation with the ‘link officer’ (from Professional Standards Department). The Occupational Health Unit will be updated of the results and should they consider that the individual has been unsuccessful in their rehabilitation programme all paperwork will be submitted under confidential cover to the Head of Complaints and Discipline and the Force Vetting Unit for appropriate action.

Where a supervisor/manager has reasonable grounds to suspect that any Police officer (including Special Constables) is misusing drugs the ‘with cause’ testing procedure may be instigated (see ‘With Cause’ Testing below).

If the supervisor/manager has reasonable grounds to suspect that a member of Police staff is misusing drugs they must inform the Professional Standards Intelligence Development Unit. Such personnel cannot yet be subject of 'With Cause' testing.

The Local Personnel Manager

The local Personnel Manager is responsible for working with the individual’s supervisor/manager in conducting a risk assessment of the individual in their current role (see Risk Assessment below). The local Personnel Manager will also attend Case Conferences (see Case Conference below).

The Occupational Health Unit Advisor

Support is available from the Occupational Health Unit (OHU) to SYP personnel who acknowledge they have a drug problem and self-refer to the Unit. An initial assessment of the individual will be made and consent will be sought for the OHU Advisor to make contact with the staff member’s GP. The OHU Advisor will then assist in arranging referral to a specialist treatment unit via the GP. As part of the agreement of a rehabilitation programme, the staff member will also be asked to give their consent to being subject to 'routine' testing during the completion of the programme. The 'routine' testing will be the responsibility of the individual’s supervisor/manager and not the OHU Advisor.

Where the individual has self-referred directly to the Occupational Health Unit the OHU Advisor will contact the individual's supervisor/manager in order that they can complete a risk assessment (see Risk Assessment below). The OHU Advisor will also call a case conference (see Case Conference below).

If, during an individual’s period of rehabilitation, the OHU Advisor suspects that they are under the influence of drugs and in contravention of the terms of their programme, they will arrange for the individual to be tested via the Professional Standards Department.

Risk Assessment

The Risk Assessment relating to those affected by this policy is the responsibility of the individual’s supervisor/manager. In completing the assessment they will, if available, consult with the local Personnel Manager, Occupational Health Unit and Force Vetting Unit. If deemed appropriate the local Personnel Manager will arrange for the individual to work alternative duties whilst ever they are considered a ‘risk’ in their present role.

Case Conference

Whoever the individual self-refers to, ie direct to an OHU Advisor or via their supervisor/manager, will be responsible for arranging an initial case conference. A case conference will consist of the individual's supervisor/manager, local personnel manager, OHU Advisor, Force Vetting Unit supervisor and District Commander/Departmental Head (or nominated deputy).

The purpose of the case conference is to keep all interested parties updated of the progress of the individual, to review risk assessments, arrange 'routine' testing, where appropriate arrange for the individual to be re-vetted and decide whether or not the individual has successfully completed their rehabilitation programme. The case conferences should be at regular periods during the rehabilitation programme and more frequent if required, dependent upon the circumstances. Such case conferences should be 'minuted' to provide a clear audit trail.

The individual may attend such case conferences and be accompanied by a member of the Police Federation/Police Staff Union.

Self-Referral

It is recognised that drugs misuse is a health problem and that, in line with the potential serious consequences, prevention is better than cure. To support this aim, staff who acknowledge that they have a drug problem, and come forward voluntarily will be dealt with in a sympathetic manner. The circumstances of each self-referral will be considered on a case-by-case basis and wherever possible SYP will suspend criminal/disciplinary action providing that the staff member commits to, and successfully completes, a rehabilitation programme.

Individual's who wish to avail themselves of the benefits of self-referral cannot expect explicit confidentiality as there must be a clear pathway of communication between all interested parties. Prior to the individual receiving the benefits of self-referral they must consent to this confidentiality clause.

To be able to access the support available through self-referral the staff member must make this declaration prior to being notified of a requirement to take a test. Self-Referral cannot be used as a way to avoid the consequences of a positive test.

Staff with a drug problem are therefore strongly encouraged to contact a member of the Occupational Health Unit to access the support available. Following this contact, an initial assessment will be arranged with an OHU Advisor, and consent will be sought for the Advisor to make contact with the staff member’s GP. The OHU Advisor will then assist in arranging referral to a specialist treatment unit via the GP. As part of the agreement of a rehabilitation programme, the staff member will also be asked to give their consent to being subject to 'routine' testing during the completion of the programme.

Where staff fail to disclose a drug problem through self-referral, which then comes to light through testing or any other route, this matter could be dealt with as a disciplinary and potentially criminal matter, dependent upon the circumstances. Similarly, if following self-referral an individual fails to co-operate or does not undertake the actions identified within the rehabilitation programme, this could lead to criminal/disciplinary proceedings.

Any individual who through self-referral has engaged upon a rehabilitation programme, will not be eligible to be considered for promotion, transfer (other than that identified through a risk assessment of appropriate duties) or 'Acting' duties until the Occupational Health Unit provide confirmation of the successful completion of that programme.

Should the individual be unsuccessful in completing their rehabilitation programme relevant paperwork will be submitted under confidential cover to the Head of Complaints and Discipline for appropriate action.

Should the individual be successful in completing their rehabilitation programme relevant paperwork will be submitted under confidential cover to the Head of Standards and Security to address any Service Confidence issues.

When individuals have self-referred a drug problem, and they have not yet successfully completed a rehabilitation programme, their credibility as a witness may be diminished. Under the Joint Operating Instructions with CPS the fact that an individual has self-referred will need to be revealed to the CPS under certain circumstances. These circumstances are when the individual is a witness in a case where a full file is required. In such cases the individual will need to reveal that they have self-referred a drug problem via form MG6B. (See Revelation of Criminal and Misconduct Findings to the Crown Prosecution Service D50245.)

Drug Testing

Drug testing (random and ‘with cause’) does not apply to Police Staff.

The intention of the testing regime is preventive and is designed to:

• Minimise the chances of substance misusers entering the police service in the first place.

• Deter officers from substance misuse through the application of a policy that makes detection a real possibility.

• Encourage those with a substance misuse problem to identify themselves, so that they may be supported in seeking treatment.

• Screen officers in safety critical areas, so as to minimise any risk of operations being prejudiced by impaired judgement.

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

Testing for the presence of drugs will be carried out without advance notice.

The substances tested for will be as follows:

• Amphetamines (including ecstasy)

• Cannabis

• Cocaine

• Opiates (eg morphine and heroin)

• Benzodiazepines (eg Temazepam)

Candidates for Appointment

All police officer and special constable ‘candidates for appointment’ will be drug tested as part of the application process. Until such time as an applicant becomes a ‘preferred candidate’ for appointment, this testing will be a sample of hair.

Only when an applicant has completed all recruitment stages will they be identified as a ‘preferred candidate’ for appointment.

An independent service provider will have responsibility for the chain-of-custody collection (including the physical administration of the test).

The testing will take place in a suitable room set aside for such purposes.

Donors will be required to complete a short medical questionnaire prior to the test.

All such ‘candidates for appointment’ who refuse to take a drugs test will not be offered employment with South Yorkshire Police.

All ‘candidates for appointment’ who provide a ‘positive’ drugs test (after laboratory analysis and medical review – see Medical Review below) will not be offered employment with South Yorkshire Police.

Random Testing

Random testing applies to police officers in defined ‘Safety Critical Posts’ as laid down in the Police (Amendment) Regulations 2005. These regulations create a statutory requirement to deal with the risks of officers in safety critical posts being impaired in the workplace through drugs misuse.

‘Safety Critical Posts’ have been defined by the Secretary of State and include officers of all ranks working in the following fields:

• All officers authorised to use firearms or directly supervising such officers.

• Drivers and motor cyclists authorised by the Chief Constable to use the police exemption under the Road Traffic Regulation Act 1984 (ie ‘Standard’ and ‘Advanced’ grade drivers) and holding posts in which they may be called upon to use that exemption.

• Members or supervisors of Police Search Advisor (POLSA) teams.

• Police Divers

Random testing applies to police officers in ‘Vulnerable Posts’ however if a high degree of risk is assessed, universal testing covering all officers in the vulnerable category may be appropriate. These are posts identified by the Chief Officer as being vulnerable because of a specific responsibility for dealing with drugs. In South Yorkshire Police theses posts are:

• Test purchase officers

• Covert Human Intelligence Source ‘Handlers’

• Covert Human Intelligence Source ‘Controllers’

Random testing applies to student police officers up until the time of their ‘confirmation’.

• An independent service provider will have responsibility for the ‘random’ process.

• The independent service provider will have responsibility for the chain-of-custody collection (including the physical administration of the test).

• The testing will take place in a suitable room set aside for such purposes at the selected location within SYP.

• A ‘link officer’ from the Professional Standards Department will be responsible for ‘logistics’ at the site.

• Donors will be required to complete a short medical questionnaire prior to the test. The content of such declarations is confidential to the Occupational Health Unit and to the independent medical officer reviewing the result of a test.

• Staff from the independent service provider will conduct the test by obtaining a sample of urine from the donor.

• The sample will be split in the presence of the donor, labelled and sealed in tamper evident security seals. Both specimens will remain together. The “A” sample will be used at the laboratory for analysis whilst the second/”B” sample is stored at the laboratory under secure conditions, on behalf of the donor, as a back up in case he/she wishes to challenge a positive laboratory result.

• SYP will only be notified of a positive result if the laboratory analysis is positive and the result cannot be explained away after independent medical review (see Medical Review below).

• Where the result is negative after laboratory analysis and medical review the donor and his or her supervisor/manager will be informed without delay.

• Where the result is positive after laboratory analysis and medical review – see Consequences of a ‘Positive’ Result (after Medical Review) below.

• The donor has the right to challenge the results of a drug test using the second part of the split specimen. 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, but these costs will be reimbursed in the event that the test on the “B” sample is negative.

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 in Police Regulations, thus a failure to take a test when required to do so is a failure to obey a lawful order.

The scale of random testing will be based on a periodic assessment of the risks of the consequences of impaired judgement and the risk of incidence of misuse. Initially, a random sample of those in relevant posts will be tested, the results from this sample will then be used to advise the assessment of risk to determine future sample size and frequency of testing.

‘With Cause’ Testing

Police officers (including Special Constables) may be required to complete a ‘with cause’ drug test if the force has reasonable suspicion they are misusing controlled drugs.

The sample to be obtained for a ‘with cause’ test will be urine.

The responsibility for ‘with cause’ drugs testing lies with the Professional Standards Department, albeit the collection of the sample for laboratory analysis will be the responsibility of an independent service provider.

The Professional Standards Intelligence Development Unit will collate and investigate all allegations of drug misuse involving members of South Yorkshire Police.

Following initial investigation and review into an allegation that a Police officer/Special Constable is misusing drugs the Superintendent, Standards and Security will decide upon one of the following options:

1. File papers as insufficient grounds to request a ‘with cause’ drug test.

2. Sufficient grounds to request a ‘with cause’ drug test.

3. Sufficient evidence to warrant arrest.

Where the Superintendent considers that there are sufficient grounds to request a ‘with cause’ test they will call a Service Confidence panel (see D50252). The panel will have the final decision as to the appropriate action to be taken.

If the circumstances dictate, an Emergency Service Confidence panel can be convened to decide upon the appropriate action to be taken. This would involve available representatives from Professional Standards and the 'on call' ACPO officer.

Following initial investigation and review into an allegation that a member of South Yorkshire Police other than a Police officer/Special Constable is misusing drugs the Superintendent, Standards and Security will decide upon one of the following options:

1. File papers as no reasonable grounds to suspect individual is misusing drugs.

2. Sufficient grounds to give cause for concern but not enough to arrest.

3. Sufficient evidence to warrant arrest.

Where the Superintendent considers that there are grounds to give cause for concern they will call a Service Confidence panel. The panel will have the final decision as to the appropriate action to be taken.

A written notice will be served on the officer prior to the test taking place and will be carefully worded to inform the subject of the nature of the allegation without compromising any intelligence source.

The requirement to take such a test will be imposed by a Police officer of at least Inspector rank from the Professional Standards Department who will instruct the subject to accompany them to the testing station.

It will be made clear to the officer 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.

The officer will have reasonable opportunity to seek advice from relevant staff associations.

If the subject provides a sample a risk assessment (see Risk Assessment above) will be completed by their supervisor/manager in consultation with the Superintendent, Standards and Security.

If the subject refuses to supply a sample a risk assessment (see Risk Assessment above) will be completed by their supervisor/manager in consultation with the Superintendent, Standards and Security. In addition disciplinary proceedings will be invoked (failure to obey a lawful order) which may lead to dismissal from the force.

The sample taken for laboratory analysis will be split in the presence of the donor, labelled and sealed in tamper evident security seals. Both specimens will remain together. The “A” sample will be used at the laboratory for analysis whilst the second/”B” sample is stored at the laboratory under secure conditions, on behalf of the donor, as a back up in case he/she wishes to challenge a positive laboratory result.

The donor has the right to challenge the result of a drug test using the second part of the split specimen. 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, but these costs will be reimbursed in the event that the test on the “B” sample is negative.

If the test result is negative the Superintendent, Standards and Security will consider whether issues of Service Confidence remain. If issues do remain they will call a Service Confidence panel to consider these issues.

If Service Confidence issues do not remain the donor and their supervisor/manager will be informed of the result and the papers filed within the Professional Standards Intelligence Development Unit.

If the test result is positive see Consequences of a ‘positive’ result (after Medical Review) below.

Medical Review

A ‘positive’ laboratory result will be subject to medical review by an independent medical practitioner. The review process interprets the results in light of any factors that may provide a legitimate explanation for the presence of the drug(s) (eg. medications taken by the donor in the days before the test). If the presence of the drug(s) can be explained away legitimately, the force will be advised of a ‘negative’ outcome.

If the presence of the drug(s) cannot be accounted for in this way, the force will be advised of a ‘positive’ outcome. The positive outcome reported will include details of the drug(s) identified.

A ‘positive’ result after medical review indicates that there is evidence of illicit drug use that cannot be explained by any of the legitimate medications used by the donor.

Consequences of Failing to Take a Test

Where an individual refuses to take a drugs test in accordance with this policy, their supervisor/manager will be informed in order that they can conduct a risk assessment (see Risk Assessment). All evidence must then be forwarded to the Head of Complaints and Discipline for consideration.

Consequences of a ‘Positive’ Result (after Medical Review)

A Regulation 9 notice will be served on the officer.

The individual who provides such a ‘positive’ sample is at risk of criminal prosecution for unlawfully possessing a controlled drug. Due to this and whether or not criminal proceedings are contemplated, cautioning and interviewing must be to the standards required under the Police and Criminal Evidence Act 1984.

The Professional Standards Department will notify the individual’s supervisor/manager of the positive result and consideration will be given to formally suspending the donor.

The individual is also at risk of disciplinary proceedings for discreditable conduct that may lead to dismissal.

Monitoring

All samples obtained will be monitored by:

• Ethnicity

• Faith (Religion and Belief)

• Gender

• Disability

• Sexual Orientation

This is to ensure that no intended bias arises from the sampling technique.

Race Relations (Amendment) Act 2000 and Diversity Impact Assessment

The Act places a statutory requirement for all Functions and Policies (Including Procedural Instructions) to be impact assessed for their level of relevance to the General Duty.

In principle, this document has been assessed for discrimination, which cannot be justified, among other diverse groups.

This Statement of Agreed Policy has been Impact Assessed as HIGH relevance.

Human Rights/Discretion

The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.

Where action is taken that has the potential to interfere with an individual’s Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.

Freedom of Information Act 2000

Exemptions do not apply to this statement of agreed policy under the Freedom of Information Act 2000.

Management of Police Information (MoPI)

These instructions fall within MoPI: Yes

When implementing this policy/procedural instruction all SYP staff must comply with MoPI requirements if practicable

• Record all information obtained in the implementation of this policy/procedural instruction on to the relevant system as soon as practicable in accordance with the requirements of the relevant business area and the Government Protective Marking Scheme (GPMS).

• To avoid unnecessary duplication, before creating a new record, check that the information is not already recorded within that system AND ensure any record created identifies the source (where possible), recorder, recording date and purpose.

• Where potential intelligence is identified as a result of processing information, this may, in appropriate circumstances, be submitted via a National Intelligence Record (NIR, CID 122). Intelligence gathered, which forms part of ongoing PSD casework must not be disseminated outside of PSD without the prior approval of the Head of Professional Standards.

• Where possible and with the prior agreement of the Head of Professional Standards if it relates to ongoing PSD casework, encourage information sharing within the service and with partners, see D50745 Information Sharing Agreements and D50746 Information Sharing Agreements – Instructions.

• Ensure that all your actions in implementing this policy/procedural instruction comply with D51361 Data Quality, Data Protection Act 1998, Human Rights Act 1998, Freedom of Information Act 2000.

For more details about MoPI, see D50744 Management of Police Information and Guidance on The Management of Police Information (2006) issued by ACPO/Centrex.

Audit Review Arrangements

This policy together with its Diversity Impact Assessment will be reviewed every year

Rights of redress for members of the public

Anyone who feels that a member of staff has behaved incorrectly or unfairly, or who is dissatisfied with organisational matters, service delivery or other operational policing issues, has the right to make a complaint.

Initial action should be taken in one of the following ways:

• Complain in writing or in person to the Senior Officer at the appropriate police station or to the Chief Constable of the force concerned.

• Visit a local Citizens' Advice Bureau

• Contact a Solicitor

Rights of redress for South Yorkshire Police personnel

South Yorkshire Police personnel who feel they have grounds for concern in relation to the implementation of policies may, as appropriate:

• Pursue concerns through their line manager.

• Contact a First Contact Advisor.

• Pursue a grievance formally through the South Yorkshire Police Fairness at Work Procedure.

• Seek advice from their staff association or trades union.

• Use the Policy for Handling Complaints relating to Direction and Control.

Start Date

29 January 2007