Substance Misuse Policy

1. Statement of Policy

The purpose of this document is to provide Dyfed-Powys police personnel with guidance in the application of these provisions.

The overarching purpose of the Policy is to protect the public, the Force and individuals from the risks associated with substance misuse and gives consideration to the health, welfare and wellbeing of all individuals working within Dyfed-Powys Police.

Applies (but not limited) to: All categories of Dyfed-Powys Police officers and staff, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors), seconded staff and volunteers. Police Officers, staff and volunteers accessing and using Force assets and property must have due regard to the contents of this policy.

 

2. Policy Scope

• To contribute to a healthy and safe working environment.
• To minimise the chance of substance misusers entering Dyfed-Powys Police.
• To maintain the integrity of Dyfed-Powys Police and those working / serving within it.
• To minimise the likelihood that members of the Dyfed-Powys Police family are misusing drugs or alcohol and to ensure that when reporting for duty or work, officers and staff are fit to do so.

The purpose of this policy is to:

• Preserve and enhance the health, safety and welfare of all personnel in matters relating to substance misuse.
• Minimise the risk of any operations being prejudiced through impaired judgement.
• Maintain confidence of our communities and staff.
• To deter officers and staff from substance misuse through the application of a Policy that makes detection a real possibility.
• Protect officers in posts which may be vulnerable to malicious allegations of substance misuse.
• Ensure that all officers, staff and potential candidates are made aware of their responsibilities regarding alcohol and drug related problems.
• Ensure that officers and staff who have an alcohol or drug related problem are encouraged to seek help, in confidence, at an early stage, prior to any request of a sample.
• Provide advice, assistance and guidance to personnel seeking support for substance misuse.
• Ensure Officers and Staff who volunteer an alcohol or drug related problem are dealt with sympathetically, fairly and consistently.
• Provide advice, assistance and guidance to supervisors and managers confronted by problems associated with substance misuse.
• Apply the procedure fairly and consistently, to designated personnel across Dyfed-Powys with due regard to Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.
• To ensure Police Regulation and Legislation are implemented ethically and fairly in regard to Recruitment, Random and With Cause testing.
• To ensure that appropriate, effective, legitimate and auditable processes are in place to test officers and staff for substance misuse.

This policy applies to all Police Officers, Police Community Support Officers, Police Staff (involved in critical/vulnerable roles), candidates for appointment as Police Officers, Special Constables, Volunteers, those returning from career breaks and officers transferring between forces.

This applies to permanent and temporary appointments.

Police Officers, whilst undertaking certain roles where the drinking of alcohol is deemed necessary, such as undercover work or intelligence gathering, may be permitted to do so, within reason, but only with the authority of their manager.

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

 

3.  Powers and Policy/Legal Requirements

Health and Safety at Work Act 1974

Home Office Guidance/Circular 011/2012

Police Regulations 2003 Reg 19 and 19A

Police Regulations 2003 (Amendment No 2)  

Police Staff Council Joint Circular 51 & Police Staff Contracts of Employment

College of Policing Code of Ethics

Misuse of Drugs Act 1971

Internal

Dyfed-Powys Police Substance Misuse Procedures document

Dyfed-Powys Police Police Staff Misconduct policy

 

4.  Options and Contingencies

Testing

Testing can be conducted in the following circumstances –

• Pre-employment screening and testing of student officers (candidates for appointment) which applies to Police Officers, Special Constables and Police Community Support Officers (PCSO).
• ‘With Cause’ testing – this applies to all police officers, police staff and volunteers where there is reasonable suspicion of substance misuse.
• Routine Random Testing – this applies to all Police Officers, Special Constables PCSO’s and some specific Police Staff roles (See Substance Misuse Procedure).
• Random screening of police officers in posts identified by the Chief Officer as being vulnerable.
• There is no minimum or maximum time between tests. Therefore, a person randomly selected under the procedure could also be tested under one of the other provisions.

The direction to attend testing constitutes a lawful order/reasonable instruction from the Head of PSD/Appropriate Authority. The integrity of the process relies on staff being released for a screening test if they have been selected to do so.

Screening for Controlled Substances - Safety Critical and Vulnerable Posts

Officers and staff employed in the following roles will be tested more regularly. This is because they hold –

• Safety critical roles
• Vulnerable roles where they are more susceptible to allegations of being drug users
• Vulnerable posts where they are more susceptible to corruption through association with the criminal fraternity or within the evidence chain
• Roles where they have regular contact with drugs or alcohol and/or drug users

Further details on the above-mentioned roles can be found within the procedure document.

Refusal to Provide Samples

Any request made under this policy to provide a screening sample and comply with the collection process is a lawful order/reasonable instruction. A refusal to provide such a sample will therefore be considered as a misconduct matter. Refusals will be referred to the Head of PSD for investigation. The penalty for refusal to take a test should be no less than the penalty for failing a test.

The liability to take a test is established under Police Regulations and the terms and conditions of employment. It should be clear that the integrity and value of the procedure depends on the ability to deal fairly but firmly with those who refuse to comply.

 

With Cause – extended sampling for ALL Police Staff

An officer of at least the rank of Assistant Chief Constable may authorise a maximum of three samples of urine or oral fluid (saliva) to be required from Police Officers, (including Special Constables) and Police Staff in their force (or on secondment to or from their force) where there is corroborative intelligence which gives reasonable cause to suspect that the individual has used a controlled drug over an extended period, (i.e. on more than one occasion).

The officer/staff will not be given any advance notice of the requirement to provide each sample.

 

Use of CBD Oils

For full details and guidance on the use of CBD Oils, please see the force Substance Misuse Procedure.

 

Roles and Responsibilities

Police Officers, Police Staff and Volunteers

Individuals have a responsibility towards themselves and others under Health and Safety legislation which puts a duty on every member of staff to take reasonable care of the Health and Safety of themselves and any other person who may be affected by their acts or omissions at work.

Individuals also hold additional responsibility under the Standards of Professional Behaviour and the Code of Ethics.

All officers, staff and volunteers are also responsible for declaring any prescribed medicines to the Occupational Health Unit (OHU) in order that a safety assessment can be conducted in line with their current roles.

Whilst at work or on duty, everyone is expected to be free from illegal substances and free from impairment by any other substances such as alcohol or prescribed drugs, to the extent that they are not in proper control of their faculties for the role they perform or are in breach of any statutory provision concerning drugs or alcohol that governs that role.

If individuals receive a call to duty and are concerned as to their level of impairment through by alcohol or prescribed drugs, they must decline.

Individuals who have, or who suspects that they have, an alcohol, drug or substance related problem has a clear personal responsibility to acknowledge their condition and seek assistance as soon as possible. Individuals have personal responsibility not to undertake any task or duty that puts themselves or others at undue risk.

Individuals with substance misuse problem must make contact with the OHU or external support for help. This is the individual’s responsibility and is the case even if they elect to seek help from an outside agency of their choice rather than through Dyfed-Powys Police.

Individuals must consider informing their line manager or other manager who has operational control of their duties. This may be helpful in providing additional support. In all cases the matter should be dealt with in confidence and in a supportive manner.

Matters between the individual and OHU will be confidential except where there needs to be a change of duties or deployment, when People and Organisation Development will be advised though all medical matters will remain confidential.

An individual will not be permitted to self-refer after having been given notice to provide a specimen for a screening test or after having provided a positive sample, but will nevertheless receive the necessary support.

Individuals have a responsibility to cooperate with a rehabilitation regime.

Individuals taking prescribed drugs or other medication which may impact on their duties or work, must notify their Line Manager without delay to arrange alternative duties or work.

Colleagues

When an officer, member of staff or volunteer suspects that a colleague may have a substance misuse related problem, they should inform either their or the person’s line manager, in confidence in line with the Standards of Professional Behaviour and Code of Ethics.

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

 

Managers

Managers must be aware of this Policy and the associated procedure document. On becoming aware of a problem, managers should discuss the matter and offer sympathetic and confidential advice, support and guidance. In the absence of any obvious criminal or misconduct offences they should encourage their officers, staff and volunteers to seek assistance from the OHU.

In all cases, managers must inform OHU (with the individual’s consent) and submit a referral for follow up and an OHU risk assessment. Immediate steps must be taken to remove any associated risk factors. Managers still have a duty to investigate allegations of criminal and misconduct matters.

Where there is no evidence to suggest an individual has self-referred and managers are aware of the problem via a third party, referral to the PSD duty officer may be appropriate so that immediate action can be taken.

 

The Occupational Health Unit (OHU)

The OHU will usually be the primary point of referral and contact in all cases so that no one is left without support and follow up.

On identifying an individual with a substance misuse related problem with the individuals consent the OHU will undertake a risk assessment.

When an individual is referred to the OHU by a third party (e.g. information passed by a line manager), the OHU will be unable to help them if that person:

• Is not willing to receive medical help with a suspected or clearly evident substance misuse related problem; or
• Fails to co-operate with any assessment; or
• Denies that there is a problem when there is evidence to the contrary.

The OHU will work to assist an individual to access an appropriate treatment regime as quickly as possible, depending on resources and availability.

The OHU will also be responsible for determining when a treatment regime is complete and whether it was successful or not. Where treatment is provided by an outside agency, OHU will evaluate that agency’s conclusion as part of the overall assessment.

The OHU will maintain client confidentiality at all times and unless there is a risk of significant harm to the individual or others any disclosure will only be done so with explicit consent.

 

People Services

HR staff will support managers and the OHU in their duties under this policy. In consultation with the OHU they will provide advice on reasonable targets and timescales and within reason will assist in facilitating any treatment processes agreed with the Unit.

This includes arranging for the necessary duty and deployment changes to take effect and referring the matter to PSD where appropriate.

People Services are responsible for the pre-employment screening processes.

 

Professional Standards Department (PSD)

A representative of PSD will attend the screening sessions in order to assist and advise on Policy.

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

Screening Results

A drug screening result will only be declared ‘Positive’ by the screening provider if the substance concentration exceeds a pre-determined threshold level and, after review by the screening provider’s Medical Review Officer, there is no other reasonable explanation for the result.

A positive result may lead to criminal action, formal disciplinary processes or both.

 

Police Federation, Unison, NPCC, Superintendents’ Association

Staff members who find themselves facing criminal or misconduct proceedings, or who face outcomes as a result of this policy should consult with their representatives at an early stage to enable them to advise appropriately.

The Code of Ethics principles are relevant to this policy - 

• Courage
• Respect and Empathy
• Public Service

 

5.  Take action and review

This policy and the associated procedure document will be reviewed by the nominated person within the Professional Standards Department. Consultation will be undertaken with stakeholders where any changes to legislation/national guidance are made, any challenges to the policy or it’s effectiveness or any identified inefficiencies.

Any changes to this policy will be implemented and approved via the Joint Negotiation and Consultation Committee (JNCC).  

 

CODE OF ETHICS CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.

HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.

EQUALITY IMPACT ASSESSMENT

Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.

The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:

• eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.

Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty. 

EQUALITY IMPACT ASSESSMENT COMPLETED: June 2025