Substance misuse testing

Report: 8
Date: 6 May 2004
By: Commissioner

Summary

The Police Advisory Board for England and Wales (PABEW) is currently considering the introduction of a national Substance Misuse Policy, which will incorporate compulsory powers for testing. However, it could take two years or more to complete this work and the MPS is aware that the risks posed by substance misuse exist now.

The MPS is therefore developing a substance misuse testing policy and proposes to adopt an incremental approach to its introduction beginning with pre-employment testing of new police recruits. This will prepare the MPS for the introduction of compulsory powers and will set a clear example for our staff and the community we serve.

A. Recommendation

That members note the report, which sets out the proposed incremental introduction of substance misuse testing.

B. Supporting information

Background

1. The Directorate of Professional Standards’ Strategic Intelligence Assessment indicates a growing problem with substance misuse within the police service, particularly in relation to the recreational use of illegal substances. We have a legal duty of care under Common Law, the Health and Safety at Work Act 1974, and the Police (Health and Safety) Act 1997 to ensure that our staff, and members of the general public, are not affected or put at risk by the actions of those few who may be substance misusers.

2. Substance Misuse Testing in the workplace is not new. In the UK, Merseyside Police, Greater Manchester Police and West Midlands Police now have well-established programmes that appear to be working reasonably well. A number of other public service organisations, such as London Underground also have well established substance misuse policies. The key drivers for the introduction of an MPS policy are safety and individual and organisational integrity.

3. In December 2003, the Home Secretary informed PABEW that he agreed in principle to the development of a Substance Misuse Policy as long as the testing was targeted and focussed. He has asked PABEW to reconvene the working party to carry out further work on proposals previously put forward. This work will incorporate recommendations regarding compulsory powers for testing. The Home Secretary will make a final decision after considering the outcome of an Independent Inquiry into Drugs at Work due to report later this year. The MPS have been invited to be represented on, and contribute to the work of, the reconvened working party. The MPS is aware that the risks posed by substance misuse exist now, therefore this policy is being developed with a view to introducing testing in the MPS prior to compulsory powers becoming available.

Existing MPS policies

4. The current Substance Misuse Policy deals with those members of staff who come forward voluntarily, admit their problem and seek help. It provides no solution to those persons who are unwilling to come forward. Without some means of enforcement, it leaves open the risk that individuals will continue to conceal a problem they may have until something goes wrong.

5. The Service Confidence Policy currently offers the only method of reducing the risks posed by substance misuse in the MPS. It could permit an officer suspected of using drugs to be removed from policing activity but would not however deal directly with the root cause of the problem, the substance misuse.

6. The MPS Professional Standards Strategy was launched in August 2002. One of the priorities for work on Strand 4 of the policy during 2004 will be the implementation of substance misuse testing within the MPS.

Policy development

7. The MPS propose to incrementally introduce substance misuse testing and over a period of time will seek to introduce testing in the following circumstances. In the first instance, testing will be confined to police officers only. Eventually, all MPS staff falling into these categories will become liable to testing.

• Pre-employment - Applicants can expect to be tested during the selection process
• Probationary period - To act as a deterrent during training and early service
• Promotion - Police and police staff promotees
• With cause - Where intelligence indicates that a member of staff is misusing drugs
• High-risk post - Safety and security sensitive posts,
• Post incident - Following significant critical incidents

8. There will be an initial focus on testing for the use of illegal drugs only. Testing for the excessive use of alcohol and the inappropriate use of other legal substances (such as prescribed drugs) will be addressed after testing for illegal substances has been implemented and evaluated.

9. The first category of substance misuse testing to be introduced will be for new police recruits, prior to commencing their training at Hendon. Other categories of testing will be introduced incrementally thereafter.

10. As the other categories of testing are introduced, the process will be co-ordinated by a newly formed Substance Misuse Testing Unit, which will administer and control Substance Misuse Testing throughout the MPS.

11. A risk assessment will be conducted immediately in all cases where an officer fails a test or refuses to take a test. This will be followed by an ‘inclusion meeting’ to determine what action should be taken in light of the risk assessment. A range of options is available to those attending the ‘inclusion’ meeting, depending upon factors pertaining to individual cases.

12. While broadly supportive of the rational and the need for testing, both the Police Federation and Trade Unions have concerns over the introduction of such a policy. It is proposed that the testing procedures will be introduced incrementally to ensure that staff concerns are recognised and addressed. A lengthy and careful process of inclusive consultation amongst staff associations and Trade Unions is likely to impact on the timescales for implementation of testing beyond the pre-employment element.

Current position

13. The Project Director and Chair of the Project Board is Mike Shurety, Director of HR Services. A Steering Group (Chaired by Deputy Assistant Commissioner John Yates) has been formed and is developing the policy and the protocols necessary to implement Substance Misuse Testing.

14. An overarching interim policy, and Standard Operating Procedure (SOP) concerning the testing of new recruits have been drafted. Pre-employment testing will be introduced as soon as possible. The following proposals summarise the current position in respect of the research and development phase of policy development.

Testing options

15. An electronic saliva-screening device has been demonstrated. Saliva screening provides a quick, cost effective and non-invasive method of testing. It is currently the preferred option of testing, although work to identify other options continues.

16. There are broadly four options available for the screening process.

• To collect and screen all samples in-house using HR Recruitment Team staff. Any ‘positive’ samples would be sent away to a laboratory for analysis.
• To collect the samples in-house but send them away to a laboratory for initial screening and analysis.
• To contract an outside company to come to Hendon to collect and screen all samples on-site, taking any ‘positive’ samples away for analysis.
• To contract an outside company to come to Hendon to collect all samples on-site, taking all samples away for screening and analysis.

17. Recruitment Team staff at Hendon would prefer (at least to begin with) an option where as much of the process as possible was done off-site by an external contractor. This would have the least impact on their day-to-day recruitment work. As their knowledge and experience of the process is developed, they could expect to move toward assuming more responsibility for the collection and screening of samples on-site.

Standard Operating Procedure (SOP)

18. The procedure to be followed at Hendon in respect of testing new recruits has been drafted.

Early introduction

19. It had originally been intended to introduce substance misuse testing for new recruits in April 2004, however this has been affected by the following issues -

Retrospectively imposing testing on applicants who have already passed the selection process.

20. Recruits are now arriving at Hendon in blocks of approximately 200 every 5 weeks. Plans are being drawn up to conduct the testing of all the new recruits on their arrival at Hendon and before attestation. Testing such a large group of people in one go is presenting some logistical challenges but is likely to begin in June or July 2004. Once this ‘backlog’ of recruits has been processed through the system, testing will become part of the normal recruitment and selection process. Other categories of testing will be introduced once the systems used for pre-employment testing have been reviewed and evaluated.

Competitive tendering

21. The screening device recently demonstrated at Hendon is only one of several that are commercially available. Formal tendering is required for purchases of £40,000 or more. Although the initial investment will not reach this threshold. Once testing is introduced into other areas, the aggregate costs will make competitive tendering necessary.

22. Consideration is currently being given to introducing the first tranche of testing on a pilot basis. This will enable the MPS to assess its Standard Operating Procedures, as well as the different options for testing, prior to a competitive tendering process.

External consultation

23. To comply with current Policy Clearing House guidelines, an external consultation process is in the process of being completed as part of the impact assessment for this policy.

24. SOPs regarding the other categories of testing are continuing to be developed and will be attached to, and form part of, this policy as part of its incremental introduction.

Benefits

It is anticipated that progressive implementation of a Substance Misuse Testing Policy will lead to:

• a reduction in the risks to staff and the MPS;
• a reduction in staff time and the cost of litigation, which is directed at the MPS or its staff;
• improved safety of our staff;
• reduced wastage of resources and management time in dealing with problems arising from substance misuse;
• increased trust in the integrity of the MPS from the community.

26. An update on progress in implementing the strategy will be provided to the HR Committee at the September meeting.

C. Race and equality impact

1. The MPS recognises that the vast majority of our staff are honest, professional and brave. The implementation of this policy must be transparent, fair and impartial.

2. Testing will be targeted and focused. Whilst acknowledging the value of maintaining a fear of detection to shape behaviour, processes will focus on selective testing in a way that will control cost and ensure proportionality and fairness.

3. Proposals emanating from this work will seek to have a positive impact on equality and diversity issues within the Metropolitan Police Service. The Standard Operating Procedures will set out the diversity requirements and monitoring arrangements to ensure this policy is complimentary to and supportive of the MPS Diversity Strategy. Once implemented, the policy will be closely monitored.

4. During the initial stages, Substance Misuse Testing will be limited both in terms of the categories of staff who may be tested and also in terms of the substances that will be tested for. Testing will initially focus on identifying the use of illegal drugs only.

5. The phased and selective approach is intentional to allow the MPS time to adjust to the demands the programme will place on the organisation and provide the opportunity to consult with and respond to any concerns raised by our staff. Equality and diversity implications will be assessed and addressed at each stage of the implementation process.

6. The policy itself is still in the process of being drafted. Internal consultation during the formulation of the policy includes DCC(4) Diversity Directorate, Staff Associations, Support Associations, Trade Unions and Legal advisors. Arrangements are being made, in consultation with the MPS Policy Clearing House, to consult externally with a number of independent groups and organisations in order to conduct an equality impact assessment for the introduction of this policy. The MPS Independent Advisory Group is represented on the Project Board.

D. Financial implications

1. The cost implications relating to Substance Misuse Testing have not been fully scoped at this stage. They will include:

• opportunity costs of those staff necessary to develop the overarching Policy and SOPs and implement the milestones previously identified;
• cost of Project Manager appointed from HR resources;
• cost involved in the testing and analysis process (as yet unquantified);
• any additional costs (as yet unquantified) falling to OH in the event that the introduction of this policy brings about an increased requirement to provide welfare support to staff with substance abuse problems.

2. Costing options vary considerably and are largely dependent on two factors -

• whether all, or part, of the testing process is contracted to an external company;
• whether testing is to be carried out on ALL applicants or just a percentage.

3. If an outside company were employed to carry out testing on all recruits, the cost per annum could amount to approximately £150,000. This could be reduced to around £50,000 if training and equipment were purchased to allow MPS staff to carry out the testing, and reduced further if only a percentage of applicants were to be tested.

4. The MPS requires a screening process that is quick, effective and proportionate and which provides value for money. A number of options are being considered that will achieve the right balance between these competing factors.

5. No financial provision has been made in either HR Directorate’s budget or elsewhere in the MPS and so the costs would need to be met from savings elsewhere. If funds cannot be identified, consideration would need to be given to budget growth for the 2005/06 financial year.

E. Background papers

None

F. Contact details

Report author: Mike Shurety, Director of HR Pay & Benefits

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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