Drug and alcohol policies around drug issues

Freedom of information request reference no: 01.FOI.24.036242

I note you seek access to the following information:

1. Copy of your Drugs & Alcohol Policy for employees (if you have one)
2. % of employees that have failed Drugs and Alcohol screening over a full years period 2022/23 or 2023/24 (if you do random testing for safety critical or all staff)
3. What happens to employees that do fail Drugs and Alcohol testing (if applicable)
4. What do you have in place to encourage employees to come forward with issues with drugs and alcohol
5. What support do you provide employees that come forward with issues with drugs and alcohol.

Please note: your questions above have been numbered to ensure clarity in our response.

Decision

I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

Section 21 – Information reasonably accessible by other means

Reason for decision

The information requested has been identified as being accessible via other means as it is already published. Where information is already in the public domain we are not required to re-publish the data; instead public authorities are required to direct you to the information, which we have done in this instance.

At your Question 1 you have asked us to disclose a copy of our Drugs & Alcohol Policy. I am pleased to be able to inform you that this information is already published on the MPS Publication Scheme and can be accessed at the link below:

Drug Alcohol Policy

I can confirm that this policy, published on 03 October 2021, is still current.

As the information above is reasonably accessible by other means the exemption provided by Section 21 of the Act has been applied to partially refuse disclosure in this case.

Disclosure

Q2 - % of employees that have failed Drugs and Alcohol screening over a full years period 2022/23 or 2023/24 (if you do random testing for safety critical or all staff)

The MPS do not conduct substance misuse screening, but do conduct random testing, the results of which are provided below:

Q3 - What happens to employees that do fail Drugs and Alcohol testing (if applicable)?

If a substance misuse test is positive:

The SMTU, SI or HR will be informed of any positive drug test, which indicates unlawful use of drugs, by the MRO. If the positive test is from a serving member of the MPS, the matter will be referred to the appropriate section of DPS for investigation. The individual concerned will be subject to Gross Misconduct investigation/proceedings which could lead to dismissal. If the test taken is from a recruit, their application will be terminated. If that recruit is a serving member of police staff or a Special Constable, they will be subject to a Gross Misconduct investigation which could lead to dismissal.

If an alcohol test is positive:

If a Police Officer or member of Police Staff eligible for testing provides a sample which is over 13µg but under 40µg, the matter will be dealt with locally as Misconduct. The decision regarding the action to be taken rests with the Professional Standards Champion depending on the circumstances surrounding the individual case. Repeated incidents may be subject to a Gross Misconduct investigation. If a Police Officer, or eligible member of Police Staff, provides a sample over 40µg in 100 ml of breath, the matter will be referred to the DPS - Serious Misconduct Investigation Unit (SMIU) by way of a Form MM/1 (Misconduct/Performance - Misconduct Process). Consideration will be given for the matter to be investigated as Gross Misconduct. OCUs should contact the SMTU for further advice in the event of a positive test over 40µg.

Q4 - What do you have in place to encourage employees to come forward with issues with drugs and alcohol?

The MPS provide an Occupational Health (OH) Self-referral service for officers/staff requesting help for substance misuse.

Following random testing operations, the SMTU send the BCU/OCU Commander an email informing them of the operation and with a template detailing the policy and how to report a substance misuse problem. This is usually then sent to all staff within that BCU/OCU. Substance misuse is also a topic which is discussed with new recruits on their day 1 talks with the DPS.

What happens if an officers or staff member admits to a substance or alcohol misuse problem before they are tested?

Anyone who self-declares they have a substance or alcohol misuse problem before the Directorate of Professional Standards (DPS) arrive on a borough or OCU or before a “with cause” alcohol test is required by a supervisor, will be referred to Occupational Health and offered the full support of the MPS. However, this declaration must be made before the Substance Misuse Testing Unit (SMTU) arrive or before a requirement to provide a sample of breath is made if “with cause” alcohol tested locally.

Q5 - What support do you provide employees that come forward with issues with drugs and alcohol?

The MPS have in place occupational health and employee assistance programmes to assist officers and staff when they have reported a substance misuse problem.