unit privacy rti psba · and harms associated with misuse of alcohol or other licit drugs in the...

PSBA RTI &

PRIV

ACY UNIT

2012/10 ALCOHOL AND DRUG POLICY AND PROCEDURES POLICY

16 MARCH 2012

Uncontrolled when printed 1

POLICY

2012/10

ALCOHOL AND DRUG POLICY AND PROCEDURES

SAFETY AND WELLBEING

PSBA RTI &

PRIV

ACY UNIT


16 MARCH 2012


Contents 1. Introduction

2. Legislative and Policy Frameworks

3. Purpose and Scope

4. Key Principles

5. Support

5.1 Alcohol and Drug Awareness Unit (ADA)

5.2 Alcohol and Other Drugs (AOD) Committee

5.3 Help With Personal Misuse of Alcohol and Other Drugs

6. Use of Alcohol and Other Drugs

6.1 Responsible Use of Pharmaceuticals and over the Counter Drugs

6.2 Impairment

6.3 Smoking

7. Tests Conducted Under Part 5A (Alcohol and Drug Tests) of the Police

Service Administration Act 1990

7.1 Circumstances for Testing

7.2 Specimens Collected for Testing

8. Testing Outcomes

8.1 Alcohol

8.2 Drugs

9. Persons Authorised to Require an Alcohol or Drug Test (Authorised

Person)

9.1 Alcohol Testing

9.2 Drug Testing

10. Persons Required to Submit to Testing (Relevant Members)

11. Responsibilities of Relevant Members

11.1 Alcohol

11.2 Drugs

12. Prescribed Alcohol Limits for Relevant Members

12.1 Officers On Call

12.2 Commissioned Officers

12.3 Exemptions from Testing and Prescribed Alcohol Limits

12.4 Reporting of Other Alcohol Tests

PSBA RTI &

PRIV

ACY UNIT


16 MARCH 2012


12.5 Responsibilities of Officer in Charge of Station in Regard to Alcolmeter

Downloading

13. Random Alcohol Testing

13.1 Random Alcohol Testing with Written Approval

13.2 Random Alcohol Testing without Written Approval

13.3 Responsibilities of the Random Alcohol Testing Coordinator

14. Responsibilities of the Authorised Person in regard to Random Alcohol

Testing

14.1 Responsibilities of the Authorised Person in relation to Alcohol Test Results

15. Responsibilities of the Supervising Commissioned Officer/Senior Manager

in Response to a Positive Alcohol Test or Failure to Provide a Specimen of Breath

16. Critical Incident Testing

16.1 Guidelines for Identifying Who Should be Tested

16.2 Responsibilities of the Commissioned Officer Responding to a Critical Incident

16.3 Responsibilities of the Chief Superintendent Responding to a Critical Incident

16.4 Responsibilities of the Authorised Person/s in Relation to Critical Incident Testing

16.5 Transportation of Specimens to Laboratory

16.6 If Member Claims to be Unable to Immediately Provide Specimen

16.7 If Member Claims to be Unable to Provide a Specimen due to a Medical

Condition

16.8 Failure to Provide a Specimen (No Claim of Medical Condition or Claim Not

Supported)

16.9 Responsibilities of the ADA in Relation to Critical Incident Testing

17. Testing on Reasonable Suspicion

17.1 Alcohol

17.2 Drugs

17.3 Responsibilities of the Authorised Person

18. Covert Operatives

19. Recruits

20. Drug Testing

20.1 Request to be Voluntarily Tested for a Targeted Substance

20.2 Reporting of Other Drug Tests

20.3 Return of a Negative Result for a Drug Test

20.4 Return of a Confirmed Positive Drug Test Result

PSBA RTI &

PRIV

ACY UNIT


16 MARCH 2012


20.5 Failure to Provide a Specimen of Urine

21. Responsibilities of the ADA in Response to a Positive Alcohol Test

21.1 Counselling or Rehabilitation

21.2 Funding for Treatment

21.3 Safety Sensitive Assessments

21.4 Further Testing

22. Responsibilities of the ADA in Response to a Positive Illicit Drug Test and

Failure to Provide a Specimen

23. Responsibilities of the ADA in Response to Misuse of Medications

24. Approaching the ADA for Help with Personal Misuse of Alcohol or Other

Drugs

24.1 Treatment Agreements when Self Reporting



25. Definitions

25.1 Approved Person

25.2 Case Management

25.3 Covert Operative

25.4 Dangerous Drug

25.5 Evidence


25.7 Group Or Class of Members

25.8 Member

25.9 Illicit Drug

25.10 Negative Alcohol Test Result

25.11 Negative Drug Test Result

25.12 Positive Alcohol Test Result

25.13 Positive Drug Test Result

25.14 Registered Nurse

25.15 Safety Sensitive

25.16 Safety Sensitive Assessment

25.17 Targeted Substance

25.18 Treatment Agreement

PSBA RTI &

PRIV

ACY UNIT


16 MARCH 2012


1. Introduction

Misuse of alcohol and other licit drugs, and the use of illicit drugs, poses a significant health and safety risk to police and the wider community because of its potential to impair physical and mental performance. It is unacceptable for police and for staff members to be impaired by alcohol or another drug at work. The same standard applies to police recruits during their training and education. There is an organisational and community expectation that police will adhere to the highest standards of personal and professional integrity. Illicit drug use is incompatible with the ethics of the police workplace and the use of illicit drugs is unacceptable at any time. The Service Alcohol and Drug Policy aims to:

• support the health, welfare, and safety of all members of the Service;

• identify support mechanisms available to members of the Service;

• promote public confidence in the Service; and

• enhance the integrity of the Service.


This policy is to be read in conjunction with the documents referred to below:

• Part 5A (Alcohol and Drug Tests) of the Police Service Administration Act 1990;

• Part 7A-7C Police Service Administration Regulation 1990;

• Australian/New Zealand Standard 4308:2008 Procedures for Specimen Collection and the Detection and Quantitation of Drugs of Abuse in Urine (the Standard);

• Professional Conduct policies; and

• Queensland Government Smoking Policy.


The purpose of this section is to outline the responses available in addressing misuse of alcohol and other drugs by members of the Service. The policy also outlines how alcohol and drug testing will be managed by the Service. The Service is taking a multi strategy approach to reduce the risks and harms associated with inappropriate alcohol or drug use that impacts on the workplace. This approach incorporates legislation, enforcement, education and support. The alcohol and drug testing component of this policy applies to police, staff members performing functions in critical areas, and police recruits. Other aspects of the policy apply to all members of the Service. The Alcohol and Drug Policy allows for police and staff members to self report personal misuse of alcohol or a drug and access Service funded assessment, counselling and treatment.

PSBA RTI &

PRIV

ACY UNIT

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PoliceServAdA90.pdf

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PoliceServAdR90.pdf

http://www.saiglobal.com/online/autologin.asp


http://intranet.qldpol/QPS/CSV/hrd/hrmb/hr_planning/hr_manual/categories/Professional+Conduct.htm

http://www.psc.qld.gov.au/publications/assets/policies/smoking.pdf


16 MARCH 2012


The approach includes an information strategy that is designed to raise police awareness and knowledge of the risks and harms associated with inappropriate alcohol and other licit drug use, particularly in the context of the workplace. The Alcohol and Drug Awareness Unit (ADA) will manage workplace alcohol and drug initiatives including education, support, and coordination of testing.

4. Key Principles

The Service Alcohol and Drug Policy is based on the following key principles:

• Health, welfare and safety: Ensuring the health, welfare and safety of members is the key principle of the Service response to alcohol and drugs in the workplace.

• Collaboration: This policy and the accompanying legislation and procedures have been developed in consultation with the key stakeholders, including Unions, management, and representatives from across the Service.

• Early intervention: If problems escalate, they are more difficult to address. The Service strongly supports the ideal that members who believe they may have a problem with alcohol or other drugs can come forward for Service funded assistance.

• Confidentiality: Information from members will be treated in a confidential manner.

• Natural justice and equity: This policy applies to all members of the Service. Processes to ensure confidentiality and procedural fairness have been built into the self reporting and alcohol and drug testing procedures.

• Harm minimisation: This policy adheres to the principle of minimising the risks and harms associated with misuse of alcohol or other licit drugs in the workplace, and the use of illicit drugs.

5. Support


The ADA is located within Safety and Wellbeing (S&W), Human Resources Division. The ADA will:

• provide education and information about responsible use of alcohol and other licit drugs and the harms associated with illicit drug use;

• assist members who self-report to the ADA for counselling or rehabilitation in relation to their personal misuse of alcohol or a drug;

• provide assessment and counselling services in relation to alcohol and drug misuse;

• fund and case manage treatment for members who require assistance for alcohol or drug misuse from external health care providers;

PSBA RTI &

PRIV

ACY UNIT


16 MARCH 2012


• coordinate alcohol and drug testing for police, recruits, and staff members who work in critical areas;

• assist members who return positive alcohol and drug tests; and

• where necessary, organise safety sensitive assessments and make recommendations on members’ fitness to continue or resume safety sensitive duties.


The ADA may convene the AOD Committee which may overview case management matters and make recommendations to the Commissioner (or delegate) regarding actions taken under the relevant provisions of the Police Service Administration Act 1990. The AOD Committee may include:

• Executive Director, Human Resources Division;

• Director, Safety and Wellbeing;

• Manager, Health Promotion & Monitoring;

• Ethical Standards Command (ESC) representative;

• ADA Counsellor/Case Manager;

• Senior Human Services Officer;

• Service Chaplain; and

• Union representative/s.


Members of the Service may approach the ADA or an approved person for help with personal misuse of alcohol or other licit drugs, or use of illicit drugs, via telephone, email or in person. There are provisions in the Alcohol and Drug Policy for members to self report problems with personal misuse of alcohol or other drugs to the ADA. Such action is regarded as a positive sign that a member is willing to take action to address their problems. The Service will fund the approved costs associated with assessment, counselling and treatment for alcohol and drug misuse to ensure members access the most appropriate services to meet their needs. In addition to the assistance provided by the ADA, ongoing support will continue to be offered through the Service Chaplains, and existing Senior Human Services Officer and peer support infrastructures. These initiatives will enhance the Service’s capacity to meet the needs of members with a suspected or identified alcohol or other drug problem, and will result in a safer and healthier workplace for all members.

PSBA RTI &

PRIV

ACY UNIT



16 MARCH 2012



All members are to ensure that the consumption of alcohol or other licit drugs does not adversely affect the performance of their official duties. Licit drugs include prescription and over the counter medications. ANY illicit drug use by any member of the Service is not acceptable for ethical and integrity reasons. The Use of Alcohol and Drugs policy applies to all members of the Service. It states that: “Members are to ensure that the consumption of alcohol or other licit drugs does not adversely affect the performance of their official duties. Licit drugs include prescription and over the counter medications. Members of the Queensland Police Service are not to:

• consume alcohol while on duty or during meal breaks except where related to the member's official duties and subject to a superior member's approval and conditions; or

• consume alcohol or other licit drugs when a requirement to go on duty is reasonably foreseeable and imminent where such consumption will:

• adversely affect the ability to conduct official duties;

• result in unsatisfactory work performance; or

• affect the safety of others. In satisfying their obligations under this section, members are to comply with the provisions on the consumption of alcohol and drugs as outlined in the Procedural Guidelines for Professional Conduct policy and the Alcohol and Drug Policy and Procedures document.” The Use of Alcohol and Drugs policy does not exempt a relevant member from random alcohol testing. For exemptions from random alcohol testing, see s. 12.3 Exemptions from Testing and Prescribed Alcohol Limits of this policy. If a staff member goes off duty and consumes alcohol, they are not permitted to resume duty following that consumption, e.g., they are not permitted to consume alcohol at lunch and then return to duty. Christmas and other functions may be conducted on Service premises but any member consuming alcohol must be off duty (refer to s. 11.6 Storage and Consumption of Alcohol at Police Establishments of the QPS Administration Manual). All members rostered on duty and working from home are expected to comply with Service workplace health and safety standards, alcohol limits and targeted substance levels. The Service does not tolerate employees’ unlawful use of a dangerous drug as defined in the Drugs Misuse Act 1986 or misuse of legal substances. A relevant member must not have evidence of a dangerous drug present in their urine at any time.

PSBA RTI &

PRIV

ACY UNIT



http://intranet.qldpol/QPS/CSV/adm/admin_brch/po/adm_man/default.htm

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/D/DrugsMisuseA86.pdf


16 MARCH 2012



Most people at some time will have a legitimate need for prescription or over the counter medication to treat the symptoms of illness. The affect of such medications varies between individuals and in some circumstances these drugs may impair a member’s ability to work. The impairment may be even greater where other drugs, including alcohol, are consumed or where the member is fatigued. For some people, even small amounts of medications such as antidepressants, benzodiazepines, antihistamines and analgesics may impair workplace performance.

6.2 Impairment

Section 5A.12 Targeted Substance Levels subsection (2) of the Police Service Administration Act 1990 states that relevant members lawfully taking certain targeted substances are not to perform duties in specified circumstances. Any member of the Service who is lawfully taking a medication must not perform duties or be involved in an operational capacity in a critical area if the substance impairs or is likely to impair their capacity to perform the duties without danger to themselves or someone else. Members taking any medication likely to cause drowsiness or likely to impair driving ability should not drive a service vehicle or vessel until they have ceased to take such medication. It should be noted that while levels for indicating impairment from alcohol use have been established, as yet, there are no predetermined measures for gauging impairment related to illicit drug use, or the use of different amounts of a range of pharmaceutical drugs, such as antihistamines, and medicines containing pseudoephedrine. It is generally accepted that any substance which interferes with the body’s normal functioning in a negative way such as slowing reflexes, or impairing judgement, can be problematic in the workplace, especially in an operational or safety sensitive context. While Part 5A of the Police Service Administration Act 1990 refers to sworn members, recruits and staff members working in critical areas, it should be noted that no member of the Service, sworn or unsworn, should be performing operational or safety sensitive duties while impaired by any substance. If the member has concerns regarding their capacity to perform specific tasks, including driving, operating machinery or carrying a firearm, they should discuss these concerns in the first instance with their medical practitioner or pharmacist. If a member believes they are unable to perform usual or allocated duties without danger to self or others, they should report this to their supervisor/manager, who may wish to make alternate work arrangements. Apart from impairment considerations, ANY illicit drug use by a member of the Service is unacceptable.

6.3 Smoking

This policy reaffirms current state government legislation prohibiting smoking in the workplace. Refer to the Smoke Free Work Environment policy.

PSBA RTI &

PRIV

ACY UNIT





16 MARCH 2012


7. Tests Conducted Under Part 5A (Alcohol and Drug Tests) of the Police Service Administration Act 1990

Part 5A of the Police Service Administration Act 1990 authorises workplace alcohol and drug testing of “relevant members” only. For the definition of a relevant member see s. 11 ‘Persons required to submit to testing’ of this policy. Part 5A authorises:

• random alcohol testing, and

• targeted alcohol and drug testing. A targeted test refers to testing that occurs only in particular circumstances, whereas random testing is far broader with a computer randomly selecting work groups for testing.


The circumstances for targeted alcohol testing are:

• a relevant member/s has been involved in a critical incident; or

• an authorised person reasonably suspects the relevant member/s is contravening or has contravened s. 5A.7 'Alcohol Limits' of the Police Service Administration Act 1990; or

• for an officer who is an applicant to become a covert operative, the person is required to undergo a medical examination for deciding the person's suitability to be a covert operative.

The circumstances for targeted drug testing are:

• a member has been involved in a critical incident; or

• a member is a covert operative; or

• a member is an officer who is an applicant to become a covert operative and is required to undergo a medical examination or test for deciding the person's suitability to be a covert operative; or

• an authorised person reasonably suspects the relevant member is contravening or has contravened s. 5A.12 'Targeted Substance Levels' of the Police Service Administration Act 1990; or

• a person is appointed as a recruit.


Part 5A of the Police Service Administration Act 1990 authorises:

• breath testing to determine the level of breath alcohol; and

• urine analysis to determine the presence of a targeted substance/s.

PSBA RTI &

PRIV

ACY UNIT








16 MARCH 2012


A targeted substance means a dangerous drug under the Drugs Misuse Act 1986; a substance that is a controlled drug, a restricted drug or a poison under the Health Act 1937 that may impair a person’s physical or mental capacity; or another substance that may impair a person’s physical or mental capacity. Urine specimens will be collected according to the Australian/New Zealand Standard 4308:2008 Procedures for Specimen Collection and the Detection and Quantitation of Drugs of Abuse in Urine (the Standard). Part 5A of the Police Service Administration Act 1990 does not allow for blood to be taken for a random alcohol test or targeted alcohol and/or drug test. However, blood may still be taken under other legislation in certain circumstances (e.g. Transport Operations (Road Use Management) Act 1995).

8. Testing Outcomes

8.1 Alcohol

A positive result means the member, when tested is, or is more than, the prescribed alcohol limit applying to them when the test was conducted. In deciding whether a relevant member is over the limit when using a Lion SD 400 PA alcolmeter, the reading shown by the device must be reduced by .005 g of alcohol in 210 L of breath. Members who return a positive result when tested for alcohol, or fail to provide a specimen of breath, may be:

• directed to terminate duty for the remainder of that shift, and

• required to contact the ADA and encouraged to participate in an ADA health and welfare process.

An alcohol test result that is, or is more than, a member’s prescribed alcohol limit but is below 0.05 g of alcohol in 210 L of breath may be a breach of discipline, however, a QP466 Complaint Against Member of the Police Service (QP466) is NOT required. A lodgement of the QP570 Notification of a Positive Alcohol Test Result or Failure/Refusal to Provide Specimen (QP570 Notification) with the ADA will satisfy reporting requirements. The member is required to contact the ADA to discuss the circumstances of the test results. An alcohol test result that is 0.05 g of alcohol in 210 L of breath and over will be treated as misconduct and the disciplinary process will be initiated through a QP466. Although ESC will coordinate the discipline aspects arising from such a reading, the Service response will be from a health and welfare perspective, commencing with an initial consultation with the ADA regarding the circumstances of the test result. Failure to provide a specimen of breath without a valid medical reason is misconduct and the member will be subject to disciplinary action under which ever of the following is relevant, the Police Service Administration Act 1990 or the Public Service Act 2008. A member who fails to provide a specimen of breath without a valid medical reason is required to contact the ADA and will be encouraged to participate in an ADA welfare

PSBA RTI &

PRIV

ACY UNIT


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/H/HealA37.pdf


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TrantOpRUA95.pdf



http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PublicServA08.pdf


16 MARCH 2012


process. If a member is unable to supply a specimen of breath due a medical condition, supporting medical evidence is required. A member who tests positive for alcohol, or who fails to provide a specimen of breath, will be subject to follow up testing. Positive alcohol tests for recruits will be considered on a case by case basis at the discretion of the Executive Director, Human Resources Division, in consultation with the ADA.

8.2 Drugs

A positive drug test result means the specimen when analysed had evidence of a targeted substance. The Service response to a positive drug test result that indicates misuse of a licit drug will be from a health and safety perspective. No action will be taken against a relevant member who is taking an over the counter or prescription medication in accordance with the manufacturer’s instructions or medical advice. A member who fails to provide a specimen of urine, unless they have a valid medical reason, is taken to have been tested for a targeted substance and found to have evidence of a targeted substance in their urine. This will constitute misconduct. A confirmed positive illicit drug test result will be treated as misconduct. The Assistant Commissioner/Executive Director will instigate or cause to be instigated a QP466. ESC will coordinate the discipline aspects arising from the positive drug test result. A range of options as specified in the provisions of s. 5A.16 'If alcohol or targeted substance test positive' of the Police Service Administration Act 1990 may be applied. A health and welfare response may occur in parallel with the discipline process. A member who returns a positive drug test result, or who fails to provide a specimen of urine without a valid medical reason, will be subject to unscheduled follow up testing. A show cause hearing will be initiated for recruits who return a confirmed positive drug test result.

9. Persons Authorised to Require an Alcohol or Drug Test (Authorised Person)

Pursuant to s. 5A.2 of the Police Service Administration Act 1990, only an authorised person may require a relevant member to submit to an alcohol test and/or a drug test. An authorised person is:

• in all cases, the Commissioner or Deputy Commissioner; or

• the Assistant Commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or

• for periodic testing of a covert operative, the Assistant Commissioner or a commissioned officer who is responsible for supervising covert operatives, and is above the rank of the covert operative to be tested.

PSBA RTI &

PRIV

ACY UNIT




16 MARCH 2012


It is recommended that authorised persons complete the training course Breath Testing Device Operation Course QC0470 (SD400PA) to conduct a test under Part 5A of the Police Service Administration Act 1990.

9.1 Alcohol Testing

The authorised person will make the requirement for, and conduct, the test. They must use an instrument approved by the Commissioner and in accordance with Service policy and the manufacturer’s instructions. They may require the member to supply a specimen of breath on as many occasions as are reasonably necessary to provide a sufficient specimen of breath for testing.

9.2 Drug Testing

The authorised person will make the requirement to provide a specimen of urine at a specific place and time. Only a doctor or registered nurse may conduct a urine test. While the Standard does not exclude the option to observe the collection of urine under strictly controlled medical conditions by a medical practitioner or paramedical staff under the direction of a medical practitioner, the Service’s preference is for collection in a manner that allows for individual privacy. The collector, in consultation with the authorised person, should designate a secure collection site (e.g., toilet stall). If a facility cannot be dedicated solely to the collection, then that portion of the facility used shall be secured during collection. In preparing the collection site and collecting the specimen, the collector should observe the “Urine Screening Collection Protocol” outlined in the Standard. The authorised person will check that the site has been secured by the collector as per the Standard, but does not participate in the collection procedure thereafter.


Only relevant members will be tested. A relevant member is:

• a police officer;

• a staff member whose duties include performing functions in a critical area;

• an assistant watch-house officer or a person whose duties include duties as an assistant watch-house manager;

• a radio and electronics technician; or

• a police recruit. A critical area is any of the following in which a staff member or recruit performs functions for the Service:

• a communications centre;

• a driver training facility (testing only applies to a staff member who is a driver, instructor or mechanic at the facility);

• a facility used for storing dangerous drugs under chapter 11, part 4 of the Police Powers and Responsibilities Act 2000;

• a magazine used for storing explosives;

PSBA RTI &

PRIV

ACY UNIT



http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PolicePowResA00.pdf



16 MARCH 2012


• a police armoury or weapons collection facility;

• a property point as defined under the Police Powers and Responsibilities Act 2000;

• a watch-house;

• a weapons training facility;

• the unit known as the police air wing; or

• a place prescribed under a regulation as a critical area.


11.1 Alcohol

For alcohol, members are:

• to report for duty under their prescribed alcohol limit;

• not to consume alcohol while on duty or during meal breaks unless exempted under the Police Service Administration Act 1990;

• not to exceed the prescribed alcohol limit while on call on a rotational basis for duty or in the case of one and two officer stations while not rostered for duty (see s. 12 of this policy);

• to obey a lawful direction to supply a sufficient specimen of breath when required;

• to advise the commissioned officer approving a recall to duty if they have recently consumed alcohol. If the member is likely to exceed the general alcohol limit they must not return to duty unless exceptional circumstances apply;

• to report, in person, to the authorised person conducting alcohol testing prior to reporting sick or leaving a station/establishment or critical incident once testing has commenced (i.e., when the authorised person has arrived at the testing site);

• if they have tested positive or failed to provide a specimen of breath:

(i) to vacate a work place when directed to terminate duty for the remainder of the shift;

(ii) submit an application for sick leave for that period of duty; and

(iii) contact the ADA;

• if unable to supply a specimen of breath due to a valid medical reason, to provide the supporting evidence;

• encouraged to contact the ADA for assistance, rather than waiting to be identified through the testing program, if they believe they may have an alcohol or other substance misuse problem.

11.2 Drugs

For drugs, members are:

PSBA RTI &

PRIV

ACY UNIT





16 MARCH 2012


• not to have evidence of a dangerous drug present in their urine at any time;

• not to perform duties if they are lawfully taking medication that impairs their capacity to perform duties without danger to themselves or someone else;

• to obey a lawful direction to supply a sufficient specimen of urine when required;

• to complete Advice of Details of Medication (Targeted Substance Test) (Form 1) prior to providing a specimen; and

• to contact the ADA in response to a positive drug test result or failure to provide a specimen of urine.


A member must be under the low alcohol limit of 0.02 g of alcohol in 210 L of breath:

(a) when reporting for duty for a rostered shift; or

(b) while on duty for a rostered shift; or

(c) while on call on a rotational basis for duty. In deciding whether a member is over the limit when using a Lion SD 400 PA alcolmeter, the reading shown by the device must be reduced by 0.005 g of alcohol in 210 L of breath. If the person is a member of the Special Emergency Response Team, the person must not be over the no alcohol limit of 0 g of alcohol in 210 L of breath when reporting for duty, while on duty, or while on call on a rotational basis. A member must be under the general alcohol limit of 0.05 g of alcohol in 210 L of breath when not rostered for duty but permanently on call for duty in a place where there is a police station at which no more than one or two officers are permanently stationed. Under the provisions of the QPS Determination 2010, officers attached to one or two officer stations may leave their respective divisions on rest days or PDOs, provided notice of this intention is given to the appropriate District Officer and adjoining divisions in a timely manner, unless justifiable, thus affording the District Officer with an opportunity to respond. While officers attached to one or two officer stations remain in their divisions during non-rostered work periods, there is always the possibility that they could be required to attend for work in an emergency. Unless a reciprocal arrangement in accordance with clause 5.8 subsection (2) or Schedule 1 of the QPS Determination 2010 has been organised, such officers are reasonably expected to remain under the general alcohol limit when not rostered for duty.


A member must be under the low alcohol limit while on call on a rotational basis for duty. The Police Service Award - State 2012 (the Award) defines ‘on call’ as meaning:

PSBA RTI &

PRIV

ACY UNIT

http://intranet.qldpol/QPS/CSV/hrd/irb/provisions/eba/QPS+Determination+2010+%28Sometimes+referred+to+as+EB6%29.htm

http://www.qirc.qld.gov.au/resources/pdf/awards/p/p0290_swc12.pdf


16 MARCH 2012


“….an arrangement in which an Employee is rostered or directed by a commissioned officer to be available for a minimum period of 4 hours to respond forthwith for duty outside of their ordinary working hours or shifts.” The Award provides for an on call allowance for officers who are not commissioned officers or are not attached to a one or two officer station or a residential beat. When an officer eligible for the on call allowance is rostered or directed to be on call in accordance with the Award or the QPS Determination 2010 (either of these documents may be modified or replaced from time to time), then that officer must be under the low alcohol limit for the duration of the on call period.


For commissioned officers, s.12 (c) of this policy only applies to officers who are part of a rotational on call arrangement. Many commissioned officers regularly receive calls outside their normal working hours (e.g., Operations Coordinators, Regional Crime Coordinators). These officers are not part of a rotational system and therefore s.12 (c) of this policy does not apply to them.


A relevant member or class of members may be exempt from random alcohol testing subject to approval in writing by the Commissioner, Deputy Commissioner or their Assistant Commissioner, pursuant to s. 5A.9 ‘Random alcohol testing’ subsection (4) of the Police Service Administration Act 1990 and any stipulated conditions. See Appendix A of this policy, ‘Exemptions from Alcohol Testing’.


In circumstances where a member is alcohol tested while on duty under legislation other than the Police Service Administration Act 1990 (e.g., as a driver of a Service motor vehicle involved in a traffic accident) then, in addition to the normal investigative processes, the officer who conducted the test should inform the ADA that the test has been conducted and the result of the test. This information is to be recorded on the QP 0568 Alcohol and Drug Tests Return (QP 0568 Return). Members are referred to s. 7.2 Duties concerning misconduct or breaches of discipline of the Police Service Administration Act 1990 regarding reporting obligations regarding alcohol related incidents occurring off duty.

12.5 Responsibilities of Officer in Charge of Station in Regard to Alcolmeter Downloading

The Officer in Charge of a station is to comply with s. 7.16.2 'Statistical returns for breath tests' and Appendix 7.4 of the Traffic Manual in regard to the statistical returns for breath tests and downloading of alcolmeter data.


With the exception of alcohol testing conducted by the Commissioner or Deputy Commissioner personally, random alcohol testing may only be conducted:

PSBA RTI &

PRIV

ACY UNIT

http://intranet.qldpol/QPS/CSV/hrd/irb/provisions/eba/QPS+Determination+2010+%28Sometimes+referred+to+as+EB6%29.htm


http://intranet.qldpol/QPS/CSV/hrd/hrmb/hr_planning/hr_manual/categories/Safety+and+Wellbeing.htm



http://intranet.qldpol/QPS/specialist/osc/tm/


16 MARCH 2012


• with the written approval of the Commissioner or Deputy Commissioner; or

• without the written approval of the Commissioner or Deputy Commissioner in accordance with the criteria prescribed under s. 7A 'Alcohol tests' of the Police Service Administration Regulation 1990.


An authorised person may request the written approval of the Commissioner or Deputy Commissioner to conduct random alcohol testing of members by reference to a specific group or class of members. Authorised persons who believe that it would be in accordance with the object of Part 5A of the Police Service Administration Act 1990 to conduct random alcohol testing of a group of members should submit a request in writing to the Deputy Commissioner. The request is to state:

• the description of the group or class of relevant members;

• the reasons why it would be in accordance with the object of Part 5A of the Police Service Administration Act 1990 to conduct random alcohol testing of the group;

• the period during which it is proposed to conduct random alcohol testing; and

• the identity of the authorised person/s who will conduct the alcohol testing. Upon receipt of the written approval, authorised persons named in that approval may conduct random alcohol testing in accordance with its conditions. A copy of the approval is to be forwarded to the ADA from the Deputy Commissioner’s office. An authorised person must have a copy of the Commissioner or Deputy Commissioner’s written approval to show members if requested.


The random alcohol testing selection system maintained by the ADA will periodically generate lists of groups of relevant members to undergo random alcohol testing. The ADA will issue a Random Alcohol Test Notice (RATN) specifying the group of members that has been randomly selected for alcohol testing and the time period within which testing must be completed. The ADA will forward the RATN to the Random Alcohol Testing Coordinator in each Region/Command/Division responsible for the listed group. When generating a RATN, the ADA, using a system approved by the Commissioner, will:

(2) divide all relevant members into groups;

(3) randomly select one group;

(4) ensure that two or more groups from the same Command, Region or Division are not selected on the same day; and

(5) name the group to be tested on the RATN.

PSBA RTI &

PRIV

ACY UNIT







16 MARCH 2012


Only members who are part of the selected group and are on duty when an authorised person is conducting testing at a station/establishment may be tested.


Random alcohol testing coordinators in the Regions, Commands and Divisions will advise an authorised person/s that a group has been selected for random alcohol testing. The time allowed to conduct random alcohol testing varies according to the distance by usable road between the place where a relevant member is stationed and where the nearest authorised person is stationed. Allowed periods are defined in s. 7A.2 'Time period for conducting random alcohol test' of the Police Service Administration Regulation 1990 and are included on the RATN. The time allowed to conduct testing by the authorised person starts from when the RATN is given to the coordinator by the ADA. Where the allowed period for testing is 24 hours, it is the coordinator’s responsibility to identify the authorised person/s in a speedy manner to ensure testing can be carried out within the prescribed time frame. The coordinator must discretely identify an authorised person/s to test members of the selected group. Where practical, the coordinator should select an authorised person/s who does not have direct line control over the selected group. Advice of a group selected for testing must be dealt with in the strictest confidence. For example, if a commissioned officer is requested to perform the duties of the authorised person and is unable to do so, that officer is obliged to maintain confidentiality regarding the pending test. The coordinator, when identifying the authorised person, must consider the rank of the members to be tested, given that commissioned officers can only be tested by an authorised person who is superior in rank. Once the random alcohol testing coordinator has been informed by the authorised person that testing is complete, no further action is required of the coordinator.

14. Responsibilities of the Authorised Person in regard to Random Alcohol Testing

An authorised person/s who receives a RATN can only require a member to submit to a random alcohol test if the requirement is made within the time period specified in s. 7A.2 'Time period for conducting random alcohol test' of the Police Service Administration Regulation 1990. Consideration must be given to conducting random alcohol tests at all times of the day and night and days of the week when safety-sensitive duties are being performed, including the beginning, middle, and end of shifts. Advice of a group selected for testing must be dealt with in the strictest confidence until the testing process begins. An authorised person/s conducting random alcohol testing must:

PSBA RTI &

PRIV

ACY UNIT






16 MARCH 2012


(1) have a copy of the RATN or the Commissioner or Deputy Commissioner’s written approval to conduct random alcohol testing to show members if requested;

(2) take sufficient copies of the QP 0568 Return to the location;

(3) attend the location of a particular group within the specified time period;

(4) obtain a photocopy of all rosters for the relevant work unit/s and identify those members who are able to be alcohol tested;

(5) arrange an area affording privacy for testing of only one member at a time;

(6) make arrangements where practicable for on-duty members who are away from the establishment to return for testing. For example, general duties crews could be directed to return to the station for testing between jobs. Alternatively, the authorised person may travel to the member/s where appropriate;

(7) test all members on duty at the time of attendance unless there are significant operational or other reasons for a member to be excluded from testing;

(8) complete the QP 0568 Return/s. When a member is not available for testing, note the reasons why on the QP 0568 Return/s beside the member’s name;

(9) complete a QP 0570 Notifications for a positive alcohol test result or failure to provide a specimen of breath;

(10) inform and seek advice from the ADA if significant difficulties arise during the random testing process;

(11) results can be entered electronically on Alcohol & Drug Testing system, please refer to the Random Alcohol Testing Procedures;

(12) personally fax the following records to the ADA on 3364 3069 upon completion of testing:

(i) the QP 0568 Return/s;

(ii) current roster/s (if practical, otherwise post);

(iii) copy of RATN;

(iv) any QP570 Notifications issued; and

(13) advise the Random Alcohol Testing Coordinator once testing has been completed.

Once the authorised person has arrived at the testing site, any member who has been identified for testing and who wishes to report sick or to leave the station/establishment for any purpose must first report in person to the authorised person. The authorised person should conduct an alcohol test on the member prior to their departure unless valid medical or other reasons apply. These reasons are to be recorded on the QP 0568 Return. A breath test conducted under Part 5A of the Police Service Administration Act 1990 is not a substitute for a breath test required under the Transport Operations (Road Use

PSBA RTI &

PRIV

ACY UNIT



16 MARCH 2012


Management) Act 1995 (TORUM). Where appropriate, ensure that a breath test is conducted when it is authorised under the TORUM. For further information refer to the Random Alcohol Testing Procedure in this policy.


Negative Test Result When a member returns a negative test result, the authorised person will:

(1) advise the member of the result; and

(2) mark the ‘negative’ column on the QP 0568 Return. Positive Test Result When a member returns a positive result, the authorised person is to:

(1) advise the member of the result and complete a QP 0570 Notification, noting any comments the member offers regarding their positive result. The QP 0570 Notification must include the concentration of alcohol in the member’s breath when tested;

(2) give copies of the completed QP 0570 Notification to the member, and the member’s District Officer or supervising commissioned officer/senior manager as soon as practicable and forward the original to the ADA;

(3) advise the member’s supervising commissioned officer/senior manager that the member has tested positive; and

(4) If the supervising commissioned officer/senior manager is not available to respond to a positive test result, then the authorised person is responsible for this response, or is to identify another officer/manager to assist (see s. 15 Responsibilities of the Supervising Commissioned Officer/Senior Manager in Response to a Positive Alcohol Test or Failure to Provide a Specimen of Breath of this policy).

Failure to Provide a Specimen of Breath A relevant member who fails to provide a sufficient specimen of breath as required is taken to have been tested for alcohol and to have been over their prescribed limit. A failure to provide a specimen is viewed as misconduct. In cases where the member fails to supply a sufficient specimen of breath the authorised person is to advise them in the following terms:

(1) for a police officer or recruit:

I remind you that section 5A.11 of the Police Service Administration Act 1990 provides that a member who fails to provide a specimen of breath as required is taken to have been tested for alcohol and to have been over the limit for alcohol applying to the member when the failure happened. Do you understand that?

PSBA RTI &

PRIV

ACY UNIT




16 MARCH 2012


I also remind you that you will be subject to disciplinary action for disobeying a lawful instruction of a senior officer as provided for in section 9(1)(d) of the Police Service (Discipline) Regulations 1990. Do you understand that?

Give further direction:

Commence blowing now.

(2) for a staff member:


I also remind you that you will be subject to disciplinary action under section 187(1)(d) of the Public Service Act 2008 for failure to comply with a direction given by a person with authority to give the direction. Do you understand that?



(3) direct the member to supply a specimen of breath into the instrument used to perform the alcohol test on as many occasions as are reasonably necessary to provide a sufficient specimen of breath for testing, unless an existing medical condition prevents the member from so doing, in which case a manual sample should be attempted. A manual sample means setting the breath testing device to conduct manual sampling, which overrides the automatic sampling system;

(4) any further failure of the relevant member to provide a specimen of breath is regarded as the member having been tested, and over the limit, for alcohol applying to them when the failure happened;

(5) complete a QP 0570 Notification, noting any comments the member offers regarding their failure to provide a specimen;

(6) ensure the member signs the QP570 Notification;

(7) give copies of the QP 0570 Notification to the member and the member’s District Officer or supervising commissioned officer/senior manager and forward the original to the ADA; and

(8) complete a QP 0466 and send to ESC;

(9) advise the member’s supervising commissioned officer/senior manager of the member’s failure to provide a specimen.

PSBA RTI &

PRIV

ACY UNIT


16 MARCH 2012


15. Responsibilities of the Supervising Commissioned Officer/Senior Manager in Response to a Positive Alcohol Test or Failure to Provide a Specimen of Breath

When a member returns a positive test result or fails to provide a specimen of breath without a valid medical reason, the supervising commissioned officer/senior manager is to: direct the member to terminate duty for the remainder of that shift;

(1) assess occupational health and safety matters such as removal of firearms and access to vehicles and vessels;

(2) initiate a QP466 where the reading is or is more than 0.05 g of alcohol in 210 L of breath or member fails to provide a specimen of breath; and

(3) direct the member to contact the ADA. A member must not remain on duty if their reading is 0.05 g of alcohol in 210 L of breath or above, or fails to provide a specimen of breath, unless there are exceptional circumstances. In such circumstances, the member’s supervising commissioned officer/senior manager may allocate the member appropriate duties. If a member remains on duty, the member’s supervising commissioned officer/senior manager is to:

• assess occupational health and safety issues; and

• report in writing to the member’s Assistant Commissioner/Executive Director and the ADA, within seven (7) days, justifying why it was necessary to keep the member on duty.


An authorised person may require a relevant member to submit to testing if the person has been involved in a critical incident. Critical incident testing applies only to relevant members as defined under Part 5A of the Police Service Administration Act 1990. Critical incident testing includes both alcohol and drug testing. A critical incident means:

• an incident in which it was necessary for an officer on duty to discharge a firearm in circumstances that caused or could have caused injury to a person; or

• a death of a person in custody; or

• either of the following in which a person dies or because of which a person is admitted to hospital for treatment of injuries:

(i) a vehicle pursuit;

(ii) a workplace incident at a police station/establishment.

PSBA RTI &

PRIV

ACY UNIT



16 MARCH 2012


For (ii), where injuries are not significant and enquiries reveal that officers have abided by all policies, and where there are no obvious signs of intoxication, the authorised person may decide not to proceed with testing.

Please contact ADA on the on-call critical incident phone 0417 761 347 if you are unsure about whether a critical incident has occurred.


Relevant members directly involved either at the scene, or having a significant role affecting the outcome of an incident depending on context and circumstances of the incident should be tested. While the authorised person has the discretion to select members involved in such incidents for testing, it is expected that the authorised person will consult the Chief Superintendent responsible for the geographical area in which the incident occurred. The Chief Superintendent must consult with the Assistant Commissioner (or delegate), Ethical Standards Command (ESC).


Where an incident has occurred that may come within the provisions of Part 5A of the Police Service Administration Act 1990, the attending commissioned officer is to contact the Chief Superintendent (or their delegate) responsible for the geographical area in which the incident occurred and provide advice to the Chief Superintendent in relation to the incident. The attending commissioned officer is to advise the Chief Superintendent whether or not they are able to attend to alcohol and drug testing requirements under Part 5A of the Police Service Administration Act 1990 (e.g., the attending officer may have a number of other duties to attend to in addition to testing). Arrangements are to be made for another commissioned officer to attend to testing matters if necessary.


The Chief Superintendent (or their delegate) will:

(1) consult with Chief Superintendents/commissioned officers of Regions/Commands/ Divisions who have relevant members directly involved in the critical incident, as well as the Assistant Commissioner (or their delegate) ESC; and

(2) identify and nominate appropriate authorised person/s, if necessary (Regional Duty Officer or other commissioned officer superior in rank to members to be tested) to manage testing requirements under Part 5A of the Police Service Administration Act 1990.

It may also be the case that relevant members who were drivers of motor vehicles involved in the critical incident may be required by any officer to provide a specimen of breath for a

PSBA RTI &

PRIV

ACY UNIT






16 MARCH 2012


breath test under the provisions of the Transport Operations (Road Use Management) Act 1995.


Time restrictions apply regarding the collection of breath and urine samples following a critical incident. The authorised person is to ensure that all nominated members are tested as soon as reasonably practicable, but:

(1) for alcohol, the requirement to provide a specimen of breath and the testing should occur, where practicable, within two hours of the incident;

(2) for drugs:

(i) the requirement to provide a specimen is to be made, and the specimen collected, as soon as reasonably practicable after the incident occurring;

(ii) the specimen must be provided within 24 hours of making the requirement unless the authorised person considers there are exceptional circumstances (e.g., doctor or registered nurse (‘collector’) not available to take the specimen), in which case this may be extended to 36 hours. These circumstances are to be reported to the ADA in writing.

Where practical and when testing can be done within a reasonable time frame, relevant members involved in a critical incident should remain on duty until testing is complete. Any member selected for testing after a critical incident who wishes to report sick or otherwise cease duty must be alcohol tested prior to their departure. The requirement for a drug test should be given prior to the member leaving the incident, unless sufficient medical or other reasons apply. In some cases, officers involved in a critical incident may have completed their rostered shift and returned home prior to arrangements being made for alcohol or drug testing. A member may be recalled to duty for post-critical incident testing, however, the place where the member is recalled to must not be the member’s place of residence. For further information, refer to the Targeted Substance Testing Procedure and the Specimen Collection Instructions for Doctors and Registered Nurses, a booklet containing a pictorial description of the procedure. Further information can be located on the ADA webpage on the Bulletin Board.


The ADA, in consultation with the collector, will arrange for transportation of specimens to the laboratory. Where this cannot be done, the authorised person is responsible for ensuring delivery of the specimen to an authorised collection point, ensuring continuity of specimen requirements are met. The ADA will provide advice in this regard. Specimens must not be left in vehicles unless being transported.

PSBA RTI &

PRIV

ACY UNIT




16 MARCH 2012



If the member tells the doctor or registered nurse that they are unable to provide the specimen, the collector may:

(1) allow the relevant member to drink up to 500 mL of water; and

(2) direct the relevant member to provide the specimen within 1 hour after drinking the water.

The collector is to record this information on QP 0588 ADA Record.

16.7 If Member Claims to be Unable to Provide a Specimen due to a Medical Condition

If a member claims that they are unable to provide a specimen of urine due to a medical condition, they must give the doctor or registered nurse the following information:

(1) the name, if known, and nature of the medical condition;

(2) how the medical condition affects the member’s ability to provide a specimen of urine;

(3) how long the member has had the medical condition; and

(4) the name and address of any doctor treating the medical condition. The opinion of the collector is sought regarding the claim at the section “Medical Condition” on QP 0588 ADA Record. Any information obtained regarding a member’s personal medical details is to remain confidential to the collector at this time. The relevant member must immediately advise the authorised person that he/she is unable to provide a specimen of urine because of a medical condition. The authorised person records the failure on QP 0568 Return.

16.8 Failure to Provide a Specimen (No Claim of Medical Condition or Claim Not Supported)

In cases where the member fails to provide a specimen and either:

• does not claim a medical condition has prevented them from providing a specimen; or

• the doctor or registered nurse advises the authorised person that the member is not prevented by a medical condition from providing a specimen of urine;

(1) where the relevant member is a police officer or recruit, the authorised person should advise them in the following terms.

I remind you that section 5A.15 of the Police Service Administration Act 1990 provides that a member who fails to provide a specimen of urine as required is taken to have been tested for a targeted substance and to have

PSBA RTI &

PRIV

ACY UNIT


16 MARCH 2012


been found to have evidence of a targeted substance in their urine. Do you understand that?

I also remind you that you will be subject to disciplinary action for disobeying a lawful instruction of a senior officer as provided in section 9(1)(d) of the Police Service (Discipline) Regulations 1990 and section 17.1 Standard of Practice of the Human Resource Management Manual. Do you understand that?

(2) where the relevant member is a staff member the authorised person should advise the member in the following terms:

I remind you that section 5A.15 of the Police Service Administration Act 1990 provides that a member who fails to provide a specimen of urine as required is taken to have been tested for a targeted substance and to have been found to have evidence of a targeted substance in their urine. Do you understand that?

I also remind you that you will be subject to disciplinary action under section 187 of the Public Service Act 2008 for failure to comply with a direction given by a person with authority to give the direction. Do you understand that?

If the relevant member does not provide a specimen, record this fact on QP 0568 Return. For further action in regard to a failure to provide a specimen of urine, refer to s. 20.5 Failure to Provide a Specimen of Urine of this policy. The authorised person should also note the circumstances surrounding the test in their notebook or diary.


The ADA will:

(1) if required, arrange a GMO or registered nurse to assist with specimen collection;

(2) advise the authorised person of collection site and time;

(3) if possible, attend the closest police station to coordinate the testing; or

(4) if unable to attend, ensure the authorised person has appropriate forms and testing kits if they need to be taken to the collection site.


Reasonable suspicion testing applies only to relevant members as defined under Part 5A of the Police Service Administration Act 1990. Reasonable suspicion testing may include alcohol and/or drug testing. If supervisors or peers are concerned that a member is misusing alcohol or another licit drug, referral to the ADA, a Senior Human Services Officer or Service Chaplain is strongly encouraged.

PSBA RTI &

PRIV

ACY UNIT



16 MARCH 2012


Only an authorised person of a higher rank than that of the relevant member/s to be tested may require them to submit to a drug test. A relevant member who is not on duty must not be recalled to duty for the purpose of a drug test unless they are reasonably suspected of having contravened s. 5A.12 'Targeted substance levels' of the Police Service Administration Act 1990 and the member was on duty at the time of the suspected contravention. The place where the member is recalled to duty must not be the member’s place of residence. A member who reasonably suspects that another member of the Service has contravened or is contravening Part 5A of the Police Service Administration Act 1990, must notify their supervising commissioned officer or, if their supervising commissioned officer/manager is the member in question, their next higher level of supervising commissioned officer.

17.1 Alcohol

When an authorised person has a reasonable suspicion that a relevant member has contravened prescribed alcohol limits (e.g. member is displaying indicia of intoxication), they should conduct an alcohol test immediately.

17.2 Drugs

Although an authorised person who reasonably suspects that a relevant member is contravening or has contravened s. 5A.12 'Targeted substance levels' of the Police Service Administration Act 1990 has the discretion to require a test, it is strongly recommended that they consult with the ADA and ESC prior to making the requirement.


Pre Test Before making a requirement for reasonable suspicion testing, the authorised person should: (1) document the circumstances leading to the reasonable suspicion, including

specific observations of intoxication or impairment. Such signs may include erratic or dangerous behaviour, or overtly intoxicated behaviour. The decision to conduct a reasonable suspicion test must be able to be justified;

(2) ensure that the member, if an officer or staff member located in a critical area, is not permitted to drive Service vehicles or possess weapons, or conduct other safety sensitive duties while potentially impaired; and

(3) if necessary, notify the ADA to organise a drug test. The ADA will ascertain the availability and location of a collector, make arrangements for a drug test to be conducted and inform the authorised person of the testing location and time. The ADA will ascertain if the member is already subject to a treatment agreement or requirement to attend treatment.

In the case of drug tests, it is recommended that the authorised person consult with ESC prior to conducting the test and that ESC is notified when a requirement for a test is made. Test

PSBA RTI &

PRIV

ACY UNIT






16 MARCH 2012


The authorised person will:

(1) advise the member that they are reasonably suspected of contravening or having contravened s. 5A.7 'Alcohol limits' of the Police Service Administration Act 1990 and/or s. 5A.12 'Targeted substance levels' of the Police Service Administration Act 1990; and

(2) conduct an alcohol test (refer to Random Alcohol Testing Procedure); and/or

(3) make a requirement to the member to attend a drug test at specified time and place and accompany the member to the predetermined site for the drug test (refer to Targeted Substance Testing Procedure); and

(4) notify the ADA when testing is completed. Post Test The authorised person is to dispatch or cause to be dispatched the confidential Advice of Details of Medication (Form 1) (already in a sealed envelope), Alcohol and Drug Awareness Unit Record and Continuity of Specimen (QP 0588), and the Alcohol and Drug Tests Return (QP 0568) to the ADA by internal mail or Australia Post as soon as practicable but within 24 hours of completion of testing.


The State Crime Operations Command participates in drug testing for covert operatives. For further information, please contact the Detective Superintendent, Covert and Specialist Operations Group.

19. Recruits

The outcome of positive results for random alcohol tests and targeted alcohol and drug tests for recruits is managed under the ‘Contract of Employment of a Person as a Police Recruit in the Queensland Police Service’.

20. Drug Testing

Urine specimens that test positive to an initial drug screen will be subject to a confirmatory analysis. Relevant members will be provided with a copy of results. If a member is taking medication, they may return a positive drug test. Before providing a urine sample, members are required to complete a confidential Advice of Details of Medication (Form 1) and advise details of any medication or other substance taken, or incident that may affect the result of the drug test. An alleged drink spiking incident may not be considered a legitimate explanation for a positive result unless the matter has been previously reported within a reasonable time after the alleged incident. Members are encouraged to report a suspected drink spiking incident to another officer who will complete the necessary crime report or make an appropriate entry on the relevant activity log or occurrence sheet if no offence is indicated.

PSBA RTI &

PRIV

ACY UNIT





16 MARCH 2012



A relevant member may request a drug test by contacting the ADA, which will make arrangements for the test. It is recommended that the member consults with their Union before contacting ADA. If the member returns a positive confirmed drug test result, in addition to informing the member, the Manager ADA will inform the member’s senior supervising officer/manager to discuss the circumstances and make recommendations regarding any further action.


In circumstances other than under Part 5A of the Police Service Administration Act 1990 where a member is drug tested, the officer who conducted the test should inform the ADA that the test was conducted and the result of the test.


The Manager ADA will advise, in writing, the member, the member’s Assistant Commissioner/Executive Director, the member’s supervising officer and ESC.


While legitimate use of a licit drug will be treated as a negative result, the ADA will advise the member, the member’s Assistant Commissioner/Executive Director, the member’s supervising officer and ESC of the result. For a confirmed positive illicit drug result or a misuse of medication result:

(1) a decision will be made by the Commissioner/Deputy Commissioner in consultation with the Assistant Commissioner/Executive Director regarding suspension of the member pending investigation. The ADA is advised accordingly;

(2) the Assistant Commissioner/Executive Director will arrange the completion of a QP 466 and the ESC will coordinate the disciplinary response;

(3) the ADA will arrange an initial consultation for the member to determine the nature of their substance misuse and make recommendations to the member and their Assistant Commissioner regarding possible treatment interventions; and

(4) the ADA may make recommendations to the Commissioner as set out in s. 5A.16 'If alcohol or targeted substance test positive' of the Police Service Administration Act 1990.

A member may request to have their specimen re-tested if the confirmed test result is positive. The Standard requires that a second bottle or ‘referee sample’ of the collected specimen is securely stored at the testing laboratory for re-testing in the event of a disputed analysis. In the event of results being challenged, the referee sample will be made available by the original testing laboratory for re-testing by another appropriately accredited laboratory. As a general rule, all positive samples and their respective referee laboratory samples will be stored in a locked freezer for at least twelve months from the date of reporting of the original result. The Service will meet the costs of the second analysis.

PSBA RTI &

PRIV

ACY UNIT





16 MARCH 2012


For staff who are relevant members, the member’s supervising commissioned officer/senior manager will complete and sign a QP 0569 Certificate of Duties Performed, certifying that the member was performing duties in a critical area at the time of testing. The original certificate is given to the member and a copy is to be posted to the ADA within seven days.


A member who fails to provide a specimen of urine, unless they have a valid medical reason, is taken to have been tested for a targeted substance and found to have evidence of a targeted substance in their urine. Failure to provide a specimen of urine in accordance with Part 5A of the Police Service Administration Act 1990 will be considered as misconduct. The authorised person will inform the ADA and the relevant member’s Assistant Commissioner/Executive Director that the member has failed to supply a specimen of urine. The Assistant Commissioner/Executive Director will arrange for a QP466 to be completed and ESC will coordinate the disciplinary response.


Section 5A.16 'If alcohol or targeted substance test positive' of the Police Service Administration Act 1990 states that the Commissioner may require a member to undergo counselling or rehabilitation approved by the Commissioner. The Commissioner may take disciplinary action against a member who fails to attend or complete counselling or rehabilitation as required. The ADA will liaise with all members who return a positive alcohol test result to discuss the circumstances of their result. In consultation with the member, the ADA will determine if further assessment is required. In some circumstances, an external service provider will provide the assessment. This assessment will form the basis of any advice or strategies recommended to, or required of the member. Where a member declines to participate in initial discussions with the ADA, or fails to participate in an assessment or treatment with either the ADA or an external provider, the ADA will consult with the member’s senior supervising officer/manager and the member’s Assistant Commissioner will be informed. The ADA will advise the member’s Assistant Commissioner/Executive Director in writing when no further assistance is required from the ADA. The ADA will manage the collection and storage of test results in the strictest confidence. The ADA will forward to the Commissioner, on a regular basis, a statistical report of test results.

PSBA RTI &

PRIV

ACY UNIT






16 MARCH 2012



The ADA will advise the member’s Assistant Commissioner/Executive Director when treatment has been required and will keep them informed of the member’s progress. The member may also contact a Senior Human Services Officer or Service Chaplain for support. When a member needs to be off work for a period of five days or longer, workplace rehabilitation processes will apply, as per current Service policy (see the Workplace Rehabilitation policy). If a member lodges a WorkCover claim for a work-related condition, the Service may provide information to WorkCover. Relapse is generally recognised as part of the dynamics of treatment for addiction. Responding to relapse effectively involves both a therapeutic and an organisational process. If relapse occurs during treatment, a safety sensitive assessment by an approved external provider may be conducted to ensure a member’s fitness for duty. When a member complies with a requirement for treatment and no further action is recommended, the member’s Assistant Commissioner/Executive Director will be advised in writing. Where a member fails to attend or complete counselling or rehabilitation under section 5A.16 of the Police Service Administration Act 1990, the member’s Assistant Commissioner/Executive Director will be informed. The ADA may consult with the AOD Committee and make recommendations to the Commissioner as per s. 5A.17 'Effect of failure to comply' of the Police Service Administration Act 1990.


There will be no cost to the member for treatment as required under section 5A.16 of the Police Service Administration Act 1990. The Service will meet reasonable travel costs associated with accessing treatment. If a member is already receiving treatment from an approved external health care provider, and wishes to continue to see that provider and access Service funded benefits for treatment, the Service will meet the costs only from the date of the treatment requirement. The Service will fund treatment for a period of up to 12 months (limits may be applied to individual expenditure). If treatment extends beyond 12 months, additional expenditure will need to be approved by the Director, Safety and Wellbeing or Manager, Health, Safety and Injury Management. The ADA will only meet costs from Service approved treatment providers. It is expected that where the member is able to claim any benefits through Medicare or their private health insurance, that they will do so to assist in funding treatment. Members are required to notify their external health provider and the ADA in advance of any appointment they are unable to attend.


Where there is evidence of alcohol misuse by a member, a safety sensitive assessment may be conducted to ensure if the member is fit to continue in, or resume, duties in a

PSBA RTI &

PRIV

ACY UNIT



16 MARCH 2012


safety sensitive area. A safety sensitive assessment may result in a member performing alternate duties, subject to standard rehabilitation procedures.


A relevant member who returns a positive test result or who fails to provide a specimen of breath will be subject to further testing, in addition to being subject to random testing pursuant to section 5A.9(2)(b) of the Police Service Administration Act 1990. The ADA will monitor test results of all members. When a member returns subsequent positive results, the ADA will advise the member’s Assistant Commissioner/Executive Director.

22. Responsibilities of the ADA in Response to a Positive Illicit Drug Test and Failure to Provide a Specimen

If the ADA recommends external counselling or treatment, and the Commissioner agrees, the member will be required to attend counselling or rehabilitation. The member will be required to undergo further testing. Cases will be monitored by the Alcohol and Drug Awareness Unit. ADA may consult with the AOD Committee and make recommendations to the Commissioner as per s. 5A.17 ‘Effect of failure to comply’ of the Police Service Administration Act 1990. When a relevant member is required to be off work for a period of five days or longer, workplace rehabilitation processes will apply, as per current Service policy (see the Workplace Rehabilitation policy). If a member lodges a WorkCover claim for a work-related condition, the Service may provide information to WorkCover (e.g. that a treatment agreement has been entered into or a requirement made for treatment).


The ADA will arrange an initial consultation to assess the situation to determine further action. This may include a safety sensitive assessment.

24. Approaching the ADA for Help with Personal Misuse of Alcohol or Other Drugs

Members of the Service may approach the ADA, a Senior Human Services Officer or a Service Chaplain for help with personal misuse of alcohol or other licit drugs, or use of illicit drugs, via telephone, email or in person. Members are invited to seek information from the ADA on 3364 6186 in relation to assistance available for alcohol and drug misuse. This contact may be made without self-identification.


There are provisions in the legislation for members to self report problems with personal misuse of alcohol or other drugs, to the ADA. Such action is regarded as a positive sign that a member is willing to take action to address their problems.

PSBA RTI &

PRIV

ACY UNIT




16 MARCH 2012


When a member approaches the ADA, the ADA will review their situation and support needs. They may be referred to an external treatment provider for an assessment. In cases where the ADA recommends external treatment (or continuation of any current treatment the member is receiving), and the Commissioner and the member agree, a treatment agreement may be entered into by the Commissioner and the member. A member who has self-reported for counselling or rehabilitation in relation to personal use of alcohol or a drug may be subject to further testing as part of the written treatment agreement. This testing is conducted in a confidential manner using arrangements different from tests conducted under Part 5A of the Police Service Administration Act 1990. Members who self report substance misuse may do so without fear of disciplinary action based on their disclosures of personal misuse to members of the ADA or Senior Human Services Officers for the purposes of obtaining a treatment agreement, or for the purposes of counselling or rehabilitation under the agreement. A disciplinary response will be considered by the Service if independent information (other than that revealed through self reporting) is received regarding current involvement in illicit drug activities. Recruits are not eligible for treatment agreements, however, they can still access assistance through existing mechanisms, such as Senior Human Services Officers, Service Chaplains, and Academy staff. The ADA will advise the member’s Assistant Commissioner/Executive Director that a treatment agreement has been entered into and will keep them informed of the member’s progress. The original treatment agreement will be held by the ADA and the member will hold a copy. The agreement is individual to the member and sets out the proposed treatment. When a member needs to be off work for a period of five days or longer, workplace rehabilitation processes will apply, as per current Service policy (see the Workplace Rehabilitation policy). If a member lodges a WorkCover claim for a work-related condition, the Service may provide information to WorkCover. Relapse is generally recognised as part of the dynamics of treatment for addiction. Responding to relapse effectively involves both a therapeutic and an organisational process. If relapse occurs during a treatment agreement, a safety sensitive assessment by an approved external provider may be conducted to ensure a member’s fitness for duty. When a member participates satisfactorily with the terms of the treatment agreement and no further action is recommended, the member’s Assistant Commissioner/Executive Director will be advised in writing.


See s. 21.2 of this policy.



PSBA RTI &

PRIV

ACY UNIT



16 MARCH 2012


25. Definitions


For the purposes of self reporting, nominated positions have been approved by the Commissioner and may include Senior Human Services Officers and Service Chaplains.


Case management is a collaborative process that assesses, plans, implements, coordinates, monitors and evaluates the options and services required to meet an individual’s health needs.


A covert operative is a police officer or another person approved under the Police Powers and Responsibilities Act 2000 to act as a covert operative in controlled operations.

25.4 Dangerous Drug

Dangerous drug is a dangerous drug under the Drugs Misuse Act 1986.

25.5 Evidence

Evidence of a targeted substance in a person’s urine includes evidence of the presence of the following in a person’s urine: a targeted substance; a substance that is used in a targeted substance; or a metabolite of a targeted substance.


A member who tests positive for alcohol or a drug will be subject to further testing at the discretion of the Alcohol and Other Drugs Committee, in addition to being subject to random alcohol testing.


Group or class of members includes relevant members attached to a work unit. This term includes police officers from a station, section or establishment and staff members performing a function in a critical area.

25.8 Member

Member means a police officer, police recruit or staff member of the Service as defined in s. 1.4 'Definitions' of the Police Service Administration Act 1990.

25.9 Illicit Drug

For the purposes of this policy, an illicit drug is a dangerous drug as defined under the Drugs Misuse Act 1986.


A negative alcohol test result means a member has provided a specimen of breath with a concentration of alcohol that is under the prescribed alcohol limit.

PSBA RTI &

PRIV

ACY UNIT







16 MARCH 2012



There is no evidence of a targeted substance in the member’s urine when tested. If a member is taking prescribed or over the counter medication, the drug test result may show evidence of this medication. However, in these cases an independent Forensic Medical Officer will review the results and if they are explained in terms of legitimate use of medication, then the result will be treated as a negative result.


A positive alcohol test result means a member has provided a specimen of breath with a concentration of alcohol that is, or is more than, the prescribed alcohol limit applying to the member at the time of testing. When an authorised person is determining whether a relevant member is over the limit, they should also consider the degree of accuracy of the breath testing device before taking action. When using a Lion SD 400 PA alcolmeter, if the reading shown by the device is equal to or above the prescribed limit, the authorised person should reduce the reading by 0.005 g of alcohol in 210 L of breath to ensure the relevant member is without doubt over the prescribed limit.


A positive drug test result means the specimen when analysed had evidence of a targeted substance. Legitimate use of a licit drug as confirmed by a Forensic Medical Officer will be treated as a negative result.


Registered nurse is a registered nurse deemed competent by the Australian Health Practitioners Regulation Agency.


Safety sensitive means a duty or responsibility that could reasonably be expected to impact on any person’s safety. Safety sensitive areas include critical areas as defined in s. 5A. 2 ‘Definitions for Part 5A' of the Police Service Administration Act 1990.


A safety sensitive assessment will identify if a member is fit to continue in, or resume, safety sensitive duties or duties in a critical area.


A targeted substance means: a dangerous drug under the Drugs Misuse Act 1986; a substance that is a controlled drug, a restricted drug or a poison under the Health Act 1937 that may impair a person’s physical or mental capacity; or another substance that may impair a person’s physical or mental capacity.

PSBA RTI &

PRIV

ACY UNIT



http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/H/HealA37.pdf


16 MARCH 2012



A treatment agreement sets out a proposed course of treatment developed in consultation with the member according to case management principles. A treatment agreement is individual to the member and is an agreement between the member and the QPS.

PSBA RTI &

PRIV

ACY UNIT

SECTION 21.14 – ALCOHOL AND DRUG POLICY AND PROCEDURES

17 DECEMBER 2010 1

Section 21.14

ALCOHOL AND DRUG

POLICY AND PROCEDURES

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 2

Contents 1. Introduction 2. Legislative and Policy Frameworks 3. Purpose and Scope 4. Key Principles 5. Support 5.1 Alcohol and Drug Awareness Unit (ADA) 5.2 Alcohol and Other Drugs (AOD) Committee 5.3 Help with Personal Misuse of Alcohol and Other Drugs 6. Use of Alcohol and Other Drugs 6.1 Responsible Use of Pharmaceuticals and over the Counter Drugs 6.2 Impairment 6.3 Smoking 7. Tests Conducted Under Part 5A (Alcohol and Drug Tests) of the Police

Service Administration Act 1990 7.1 Circumstances for Testing 7.2 Specimens Collected for Testing 8. Testing Outcomes 8.1 Alcohol 8.2 Drugs 9. Persons Authorised to Require an Alcohol or Drug Test (Authorised Person) 9.1 Alcohol Testing 9.2 Drug Testing 10. Persons Required to Submit to Testing (Relevant Members) 11. Responsibilities of Relevant Members 11.1 Alcohol 11.2 Drugs 12. Prescribed Alcohol Limits for Relevant Members 12.1 Officers on Call 12.2 Commissioned Officers 12.3 Exemptions from Testing and Prescribed Alcohol Limits 12.4 Reporting of Other Alcohol Tests 12.5 Responsibilities of Officer in Charge of Station in regard to Lion SD 400 PA

Alcolmeter Downloading 13. Random Alcohol Testing 13.1 Random Alcohol Testing with Written Approval 13.2 Random Alcohol Testing without Written Approval

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 3

13.3 Responsibilities of the Random Alcohol Testing Coordinator 14. Responsibilities of the Authorised Person in regard to Random Alcohol

Testing 14.1 Responsibilities of the Authorised Person in relation to Alcohol Test Results 15. Responsibilities of the Supervising Commissioned Officer/Senior Manager

in response to a Positive Alcohol Test or Failure to Provide a Specimen of Breath

16. Critical Incident Testing 16.1 Guidelines for Identifying Who Should be Tested 16.2 Responsibilities of the Commissioned Officer Responding to a Critical Incident 16.3 Responsibilities of the Chief Superintendent Responding to a Critical Incident 16.4 Responsibilities of the Authorised Person/s in Relation to Critical Incident Testing 16.5 Transportation of Specimens to Laboratory 16.6 If Member Claims to be Unable to Immediately Provide Specimen 16.7 If Member Claims to be Unable to Provide a Specimen due to a Medical Condition 16.8 Failure to Provide a Specimen (No Claim of Medical Condition or Claim Not

Supported) 16.9 Responsibilities of the ADA in Relation to Critical Incident Testing 17. Testing on Reasonable Suspicion 17.1 Alcohol 17.2 Drugs 17.3 Responsibilities of the Authorised Person 18. Covert Operatives 19. Recruits 20. Drug Testing 20.1 Request to be Voluntarily Tested for a Targeted Substance 20.2 Reporting of Other Drug Tests 20.3 Return of a Negative Result for a Drug Test 20.4 Return of a Confirmed Positive Drug Test Result 20.5 Failure to Provide a Specimen of Urine 21. Responsibilities of the ADA in Response to a Positive Alcohol Test 21.1 Counselling or Rehabilitation 21.2 Funding for Treatment 21.3 Safety Sensitive Assessments 21.4 Further Testing 22. Responsibilities of the ADA in Response to a Positive Illicit Drug Test and

Failure to Provide a Specimen 23. Responsibilities of the ADA in Response to Misuse of Medications

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 4


24.1 Treatment Agreements when Self Reporting 24.2 Funding for Treatment 24.3 Safety Sensitive Assessments 25. Definitions 25.1 Approved Person 25.2 Case Management 25.3 Covert Operative 25.4 Dangerous Drug 25.5 Evidence 25.6 Further Testing 25.7 Group Or Class of Members 25.8 Member 25.9 Illicit Drug 25.10 Negative Alcohol Test Result 25.11 Negative Drug Test Result 25.12 Positive Alcohol Test Result 25.13 Positive Drug Test Result 25.14 Registered Nurse 25.15 Safety Sensitive 25.16 Safety Sensitive Assessment 25.17 Targeted Substance 25.18 Treatment Agreement APPENDIX A Exemptions from Alcohol Testing APPENDIX B Australian/New Zealand Standard 4308:2001 – Procedures for the Collection, Detection and Quantitation of Drugs of Abuse in Urine APPENDIX C List of Forms

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 5

1. Introduction

Misuse of alcohol and other licit drugs, and the use of illicit drugs, poses a significant health and safety risk to police and the wider community because of its potential to impair physical and mental performance. It is unacceptable for police and for staff members to be impaired by alcohol or another drug at work. The same standard applies to police recruits during their training and education.

There is an organisational and community expectation that police will adhere to the highest standards of personal and professional integrity. Illicit drug use is incompatible with the ethics of the police workplace and the use of illicit drugs is unacceptable at any time.

The Service Alcohol and Drug Policy aims to:

support the health, welfare, and safety of all members of the Service;

identify support mechanisms available to members of the Service;

promote public confidence in the Service; and

enhance the integrity of the Service.


This policy is to be read in conjunction with the documents referred to below:

Part 5A (Alcohol and Drug Tests) of the Police Service Administration Act 1990;

Part 7A-7C Police Service Administration Regulation 1990;

Australian/New Zealand Standard 4308:2001 ‘Procedures for the Collection, Detection and Quantitation of Drugs of Abuse in Urine’ (the Standard);

Section 17 Professional Conduct of the Human Resource Management Manual (HRM Manual); and

Queensland Government Smoking Policy.


The purpose of this section is to outline the responses available in addressing misuse of alcohol and other drugs by members of the Service. The policy also outlines how alcohol and drug testing will be managed by the Service.

The Service is taking a multi strategy approach to reduce the risks and harms associated with inappropriate alcohol or drug use that impacts on the workplace. This approach incorporates legislation, enforcement, education and support.

The alcohol and drug testing component of this policy applies to police, staff members performing functions in critical areas, and police recruits. Other aspects of the policy apply to all members of the Service.

The Alcohol and Drug Policy allows for police and staff members to self report personal misuse of alcohol or a drug and access Service funded assessment, counselling and treatment.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 6

The approach includes an information strategy that is designed to raise police awareness and knowledge of the risks and harms associated with inappropriate alcohol and other licit drug use, particularly in the context of the workplace.

The Alcohol and Drug Awareness Unit (ADA) will manage workplace alcohol and drug initiatives including education, support, and coordination of testing.

4. Key Principles

The Service Alcohol and Drug Policy is based on the following key principles:

Health, welfare and safety: Ensuring the health, welfare and safety of members is the key principle of the Service response to alcohol and drugs in the workplace.

Collaboration: This policy and the accompanying legislation and procedures have been developed in consultation with the key stakeholders, including Unions, management, and representatives from across the Service.

Early intervention: If problems escalate, they are more difficult to address. The Service strongly supports the ideal that members who believe they may have a problem with alcohol or other drugs can come forward for Service funded assistance.

Confidentiality: Information from members will be treated in a confidential manner.

Natural justice and equity: This policy applies to all members of the Service. Processes to ensure confidentiality and procedural fairness have been built into the self reporting and alcohol and drug testing procedures.

Harm minimisation: This policy adheres to the principle of minimising the risks and harms associated with misuse of alcohol or other licit drugs in the workplace, and the use of illicit drugs.

5. Support


The ADA is located within Organisational Safety and Wellbeing (OSW), Human Resources Division. The ADA will:

provide education and information about responsible use of alcohol and other licit drugs and the harms associated with illicit drug use;

assist members who self-report to the ADA for counselling or rehabilitation in relation to their personal misuse of alcohol or a drug;

provide assessment and counselling services in relation to alcohol and drug misuse;

fund and case manage treatment for members who require assistance for alcohol or drug misuse from external health care providers;

coordinate alcohol and drug testing for police, recruits, and staff members who work in critical areas;

assist members who return positive alcohol and drug tests; and

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 7

where necessary, organise safety sensitive assessments and make recommendations on members’ fitness to continue or resume safety sensitive duties.


The ADA may convene the AOD Committee which may overview case management matters and make recommendations to the Commissioner (or delegate) regarding actions taken under the relevant provisions of the Police Service Administration Act 1990.

The AOD Committee may include:

Director, Human Resources Division;

Manager, OSW;

Manager, ADA;

Ethical Standards Command (ESC) representative;

ADA Counsellor/Case Manager;

Human Services Officer;

Service Chaplain; and

Union representative/s.


Members of the Service may approach the ADA or an approved person for help with personal misuse of alcohol or other licit drugs, or use of illicit drugs, via telephone, email or in person.

There are provisions in the Alcohol and Drug Policy for members to self report problems with personal misuse of alcohol or other drugs to the ADA. Such action is regarded as a positive sign that a member is willing to take action to address their problems.

The Service will fund the approved costs associated with assessment, counselling and treatment for alcohol and drug misuse to ensure members access the most appropriate services to meet their needs. In addition to the assistance provided by the ADA, ongoing support will continue to be offered through the Service Chaplains, and existing Human Services Officer and peer support infrastructures.

These initiatives will enhance the Service’s capacity to meet the needs of members with a suspected or identified alcohol or other drug problem, and will result in a safer and healthier workplace for all members.


All members are to ensure that the consumption of alcohol or other licit drugs does not adversely affect the performance of their official duties. Licit drugs include prescription and over the counter medications. ANY illicit drug use by any member of the Service is not acceptable for ethical and integrity reasons.

Section 10.10 Use of Alcohol and Other Drugs of the Code of Conduct applies to all members of the Service. It states that:

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 8

“Members are to ensure that the consumption of alcohol or other (licit) drugs does not adversely affect the performance of their official duties.

Members of the Service are not to:

(i) consume alcohol while on duty or during meal breaks except where related to the member's official duties and subject to a superior member's approval and conditions; or

(ii) consume alcohol or other (licit) drugs when a requirement to go on duty is reasonably foreseeable and imminent where such consumption will:

(a) adversely affect the ability to conduct official duties;

(b) result in unsatisfactory work performance; or

(c) affect the safety of others.

Members in satisfying their obligations under this section are to comply with the provisions on the consumption of alcohol as outlined in s. 17.2: 'Procedural Guidelines for Professional Conduct' of the Human Resource Management Manual.”

Section 10.10 of the Code of Conduct does not exempt a relevant member from random alcohol testing. For exemptions from random alcohol testing, see s. 13.3 Exemptions from Testing and Prescribed Alcohol Limits of this policy.

If a staff member goes off duty and consumes alcohol, they are not permitted to resume duty following that consumption, e.g., they are not permitted to consume alcohol at lunch and then return to duty.

Christmas and other functions may be conducted on Service premises but any member consuming alcohol must be off duty (refer to s. 11.6 Storage and Consumption of Alcohol at Police Establishments of the QPS Administration Manual).

All members rostered on duty and working from home are expected to comply with Service workplace health and safety standards, alcohol limits and targeted substance levels.

The Service does not tolerate employees’ unlawful use of a dangerous drug as defined in the Drugs Misuse Act 1986 or misuse of legal substances. A relevant member must not have evidence of a dangerous drug present in their urine at any time.


Most people at some time will have a legitimate need for prescription or over the counter medication to treat the symptoms of illness. The affect of such medications varies between individuals and in some circumstances these drugs may impair a member’s ability to work. The impairment may be even greater where other drugs, including alcohol, are consumed or where the member is fatigued. For some people, even small amounts of medications such as antidepressants, benzodiazepines, antihistamines and analgesics may impair workplace performance.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 9

6.2 Impairment

Section 5A.12 Targeted Substance Levels subsection (2) of the Police Service Administration Act 1990 states that relevant members lawfully taking certain targeted substances are not to perform duties in specified circumstances.

Any member of the Service who is lawfully taking a medication must not perform duties or be involved in an operational capacity in a critical area if the substance impairs or is likely to impair their capacity to perform the duties without danger to themselves or someone else. Members taking any medication likely to cause drowsiness or likely to impair driving ability should not drive a service vehicle or vessel until they have ceased to take such medication.

It should be noted that while levels for indicating impairment from alcohol use have been established, as yet, there are no predetermined measures for gauging impairment related to illicit drug use, or the use of different amounts of a range of pharmaceutical drugs, such as antihistamines, and medicines containing pseudoephedrine. It is generally accepted that any substance which interferes with the body’s normal functioning in a negative way such as slowing reflexes, or impairing judgement, can be problematic in the workplace, especially in an operational or safety sensitive context.

While Part 5A of the Police Service Administration Act 1990 refers to sworn members, recruits and staff members working in critical areas, it should be noted that no member of the Service, sworn or unsworn, should be performing operational or safety sensitive duties while impaired by any substance. If the member has concerns regarding their capacity to perform specific tasks, including driving, operating machinery or carrying a firearm, they should discuss these concerns in the first instance with their medical practitioner or pharmacist.

If a member believes they are unable to perform usual or allocated duties without danger to self or others, they should report this to their supervisor/manager, who may wish to make alternate work arrangements.

Apart from impairment considerations, ANY illicit drug use by a member of the Service is unacceptable.

6.3 Smoking

This policy reaffirms current state government legislation prohibiting smoking in the workplace. Refer to s. 21.8 Smoke Free Work Environment of the HRM Manual.

7. Tests Conducted Under Part 5A (Alcohol and Drug Tests) of the Police Service Administration Act 1990

Part 5A of the Police Service Administration Act 1990 authorises workplace alcohol and drug testing of “relevant members” only. For the definition of a relevant member see s. 11. ‘Persons required to submit to testing’ of this policy.

Part 5A authorises:

random alcohol testing, and

targeted alcohol and drug testing.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 10

A targeted test refers to testing that occurs only in particular circumstances, whereas random testing is far broader with a computer randomly selecting work groups for testing.


The circumstances for targeted alcohol testing are:

a relevant member/s has been involved in a critical incident; or

an authorised person reasonably suspects the relevant member/s is contravening or has contravened s. 5A.7 'Alcohol Limits' of the Police Service Administration Act 1990; or

for an officer who is an applicant to become a covert operative, the person is required to undergo a medical examination for deciding the person's suitability to be a covert operative.

The circumstances for targeted drug testing are:

a member has been involved in a critical incident; or

a member is a covert operative; or

a member is an officer who is an applicant to become a covert operative and is required to undergo a medical examination or test for deciding the person's suitability to be a covert operative; or

an authorised person reasonably suspects the relevant member is contravening or has contravened s. 5A.12 'Targeted Substance Levels' of the Police Service Administration Act 1990; or

a person is appointed as a recruit.


Part 5A of the Police Service Administration Act 1990 authorises:

breath testing to determine the level of breath alcohol; and

urine analysis to determine the presence of a targeted substance/s.

A targeted substance means a dangerous drug under the Drugs Misuse Act 1986; a substance that is a controlled drug, a restricted drug or a poison under the Health Act 1937 that may impair a person’s physical or mental capacity; or another substance that may impair a person’s physical or mental capacity. Urine specimens will be collected according to the Australian/New Zealand Standard 4308:2001 ‘Procedures for the Collection, Detection and Quantitation of Drugs of Abuse in Urine’ (the Standard).

Part 5A of the Police Service Administration Act 1990 does not allow for blood to be taken for a random alcohol test or targeted alcohol and/or drug test. However, blood may still be taken under other legislation in certain circumstances (e.g. Transport Operations (Road Use Management) Act 1995).

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 11

8. Testing Outcomes

8.1 Alcohol

A positive result means the member, when tested is, or is more than, the prescribed alcohol limit applying to them when the test was conducted.

In deciding whether a relevant member is over the limit when using a Lion SD 400 PA alcolmeter, the reading shown by the device must be reduced by .005 g of alcohol in 210 L of breath.

Members who return a positive result when tested for alcohol, or fail to provide a specimen of breath, may be:

directed to terminate duty for the remainder of that shift, and

required to contact the ADA and encouraged to participate in an ADA health and welfare process.

An alcohol test result that is, or is more than, a member’s prescribed alcohol limit but is below 0.05 g of alcohol in 210 L of breath may be a breach of discipline, however, a QP466 Complaint Against Member of the Police Service (QP466) is NOT required. A lodgement of the QP570 Notification of a Positive Alcohol Test Result or Failure/Refusal to Provide Specimen (QP570 Notification) with the ADA will satisfy reporting requirements. The member is required to contact the ADA to discuss the circumstances of the test results.

An alcohol test result that is 0.05 g of alcohol in 210 L of breath and over will be treated as misconduct and the disciplinary process will be initiated through a QP466. Although ESC will coordinate the discipline aspects arising from such a reading, the Service response will be from a health and welfare perspective, commencing with an initial consultation with the ADA regarding the circumstances of the test result.

Failure to provide a specimen of breath without a valid medical reason is misconduct and the member will be subject to disciplinary action under which ever of the following is relevant, the Police Service Administration Act 1990 or the Public Service Act 2008.

A member who fails to provide a specimen of breath without a valid medical reason is required to contact the ADA and will be encouraged to participate in an ADA welfare process. If a member is unable to supply a specimen of breath due a medical condition, supporting medical evidence is required.

A member who tests positive for alcohol, or who fails to provide a specimen of breath, will be subject to follow up testing.

Positive alcohol tests for recruits will be considered on a case by case basis at the discretion of the Director, Human Resources Division, in consultation with the ADA.

8.2 Drugs

A positive drug test result means the specimen when analysed had evidence of a targeted substance.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 12

The Service response to a positive drug test result that indicates misuse of a licit drug will be from a health and safety perspective. No action will be taken against a relevant member who is taking an over the counter or prescription medication in accordance with the manufacturer’s instructions or medical advice.

A member who fails to provide a specimen of urine, unless they have a valid medical reason, is taken to have been tested for a targeted substance and found to have evidence of a targeted substance in their urine. This will constitute misconduct.

A confirmed positive illicit drug test result will be treated as misconduct. The Assistant Commissioner/Director will instigate or cause to be instigated a QP466. ESC will coordinate the discipline aspects arising from the positive drug test result. A range of options as specified in the provisions of s. 5A.16 'If alcohol or targeted substance test positive' of the Police Service Administration Act 1990 may be applied. A health and welfare response may occur in parallel with the discipline process.

A member who returns a positive drug test result, or who fails to provide a specimen of urine without a valid medical reason, will be subject to unscheduled follow up testing.

A show cause hearing will be initiated for recruits who return a confirmed positive drug test result.

9. Persons Authorised to Require an Alcohol or Drug Test (Authorised Person)

Pursuant to s. 5A.2 of the Police Service Administration Act 1990, only an authorised person may require a relevant member to submit to an alcohol test and/or a drug test.

An authorised person is:

in all cases, the Commissioner or Deputy Commissioner; or

the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or

for periodic testing of a covert operative, the assistant commissioner or a commissioned officer who is responsible for supervising covert operatives, and is above the rank of the covert operative to be tested.

It is recommended that authorised persons complete the training course Breath Testing Device Operation Course QC0470 (SD400PA) to conduct a test under Part 5A of the Police Service Administration Act 1990.

9.1 Alcohol Testing

The authorised person will make the requirement for, and conduct, the test. They must use an instrument approved by the Commissioner and in accordance with Service policy and the manufacturer’s instructions. They may require the member to supply a specimen of breath on as many occasions as are reasonably necessary to provide a sufficient specimen of breath for testing.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 13

9.2 Drug Testing

The authorised person will make the requirement to provide a specimen of urine at a specific place and time. Only a doctor or registered nurse may conduct a urine test.

While the Standard does not exclude the option to observe the collection of urine under strictly controlled medical conditions by a medical practitioner or paramedical staff under the direction of a medical practitioner, the Service’s preference is for collection in a manner that allows for individual privacy. The collector, in consultation with the authorised person, should designate a secure collection site (e.g., toilet stall). If a facility cannot be dedicated solely to the collection, then that portion of the facility used shall be secured during collection. In preparing the collection site and collecting the specimen, the collector should observe the “Urine Screening Collection Protocol” outlined in the Standard and included in Appendix B of this policy. The authorised person will check that the site has been secured by the collector as per the Standard, but does not participate in the collection procedure thereafter.


Only relevant members will be tested. A relevant member is:

a police officer;

a staff member whose duties include performing functions in a critical area;

an assistant watch-house officer or a person whose duties include duties as an assistant watch-house manager;

a radio and electronics technician; or

a police recruit.

A critical area is any of the following in which a staff member or recruit performs functions for the Service:

a communications centre;

a driver training facility (testing only applies to a staff member who is a driver, instructor or mechanic at the facility);

a facility used for storing dangerous drugs under chapter 11, part 4 of the Police Powers and Responsibilities Act 2000;

a magazine used for storing explosives;

a police armoury or weapons collection facility;

a property point as defined under the Police Powers and Responsibilities Act 2000;

a watch-house;

a weapons training facility;

the unit known as the police air wing; or

a place prescribed under a regulation as a critical area.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 14


11.1 Alcohol

For alcohol, members are:

to report for duty under their prescribed alcohol limit;

not to consume alcohol while on duty or during meal breaks unless exempted under the Police Service Administration Act 1990;

not to exceed the prescribed alcohol limit while on call on a rotational basis for duty or in the case of one and two officer stations while not rostered for duty (see s. 13 of this policy);

to obey a lawful direction to supply a sufficient specimen of breath when required;

to advise the commissioned officer approving a recall to duty if they have recently consumed alcohol. If the member is likely to exceed the general alcohol limit they must not return to duty unless exceptional circumstances apply;

to report, in person, to the authorised person conducting alcohol testing prior to reporting sick or leaving a station/establishment or critical incident once testing has commenced (i.e., when the authorised person has arrived at the testing site);

if they have tested positive or failed to provide a specimen of breath:

(i) to vacate a work place when directed to terminate duty for the remainder of the shift;

(ii) submit an application for sick leave for that period of duty; and

(iii) contact the ADA;

if unable to supply a specimen of breath due to a valid medical reason, to provide the supporting evidence;

encouraged to contact the ADA for assistance, rather than waiting to be identified through the testing program, if they believe they may have an alcohol or other substance misuse problem.

11.2 Drugs

For drugs, members are:

not to have evidence of a dangerous drug present in their urine at any time;

not to perform duties if they are lawfully taking medication that impairs their capacity to perform duties without danger to themselves or someone else;

to obey a lawful direction to supply a sufficient specimen of urine when required;

to complete Advice of Details of Medication (Targeted Substance Test) (Form 1) prior to providing a specimen; and

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 15

to contact the ADA in response to a positive drug test result or failure to provide a specimen of urine.


A member must be under the low alcohol limit of 0.02 g of alcohol in 210 L of breath:

(a) when reporting for duty for a rostered shift; or

(b) while on duty for a rostered shift; or

(c) while on call on a rotational basis for duty.

In deciding whether a member is over the limit when using a Lion SD 400 PA alcolmeter, the reading shown by the device must be reduced by 0.005 g of alcohol in 210 L of breath.

If the person is a member of the Special Emergency Response Team, the person must not be over the no alcohol limit of 0 g of alcohol in 210 L of breath when reporting for duty, while on duty, or while on call on a rotational basis.

A member must be under the general alcohol limit of 0.05 g of alcohol in 210 L of breath when not rostered for duty but permanently on call for duty in a place where there is a police station at which no more than one or two officers are permanently stationed.

Under the provisions of the Queensland Police Service Certified Agreement, officers attached to one or two officer stations may leave their respective divisions on rest days or PDOs, provided notice of this intention is given to the appropriate District Officer and adjoining divisions in a timely manner, unless justifiable, thus affording the District Officer with an opportunity to respond.

While officers attached to one or two officer stations remain in their divisions during non-rostered work periods, there is always the possibility that they could be required to attend for work in an emergency. Unless a reciprocal arrangement in accordance with clause 5.8 subsection (2) or Schedule 1 of EB5 has been organised, such officers are reasonably expected to remain under the general alcohol limit when not rostered for duty.


A member must be under the low alcohol limit while on call on a rotational basis for duty.

The Police Service Award - State 2003 (the Award) defines ‘on call’ as meaning:

“An arrangement in which a member is rostered or directed by a commissioned officer to be available for a minimum period of four hours to respond forthwith for duty outside of their ordinary working hours or shifts.”

The Award provides for an on call allowance for officers who are not commissioned officers or are not attached to a one or two officer station or a residential beat. When an officer eligible for the on call allowance is rostered or directed to be on call in accordance with the Award or EB5 (either of these documents may be modified or replaced from time to time), then that officer must be under the low alcohol limit for the duration of the on call period.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 16


For commissioned officers, s. 13(c) of this policy only applies to officers who are part of a rotational on call arrangement.

Many commissioned officers regularly receive calls outside their normal working hours (e.g., Operations Coordinators, Regional Crime Coordinators). These officers are not part of a rotational system and therefore s. 13(c) of this policy does not apply to them.


A relevant member or class of members may be exempt from random alcohol testing subject to approval in writing by the Commissioner, Deputy Commissioner or their Assistant Commissioner, pursuant to s. 5A.9 ‘Random alcohol testing’ subsection (4) of the Police Service Administration Act 1990 and any stipulated conditions.

See Appendix B of this policy, ‘Exemptions from Alcohol Testing’.


In circumstances where a member is alcohol tested while on duty under legislation other than the Police Service Administration Act 1990 (e.g., as a driver of a Service motor vehicle involved in a traffic accident) then, in addition to the normal investigative processes, the officer who conducted the test should inform the ADA that the test has been conducted and the result of the test. This information is to be recorded on the QP 0568 Alcohol and Drug Tests Return (QP 0568 Return).

Members are referred to s. 7.2 (Duties concerning misconduct or breaches of discipline) of the Police Service Administration Act 1990 regarding reporting obligations regarding alcohol related incidents occurring off duty.

12.5 Responsibilities of Officer in Charge of Station in Regard to Alcolmeter Downloading

The Officer in Charge of a station is to comply with s. 7.16.2 'Statistical returns for breath tests' and Appendix 7.4 of the Traffic Manual in regard to the statistical returns for breath tests and downloading of alcolmeter data.


With the exception of alcohol testing conducted by the Commissioner or Deputy Commissioner personally, random alcohol testing may only be conducted:

with the written approval of the Commissioner or Deputy Commissioner; or

without the written approval of the Commissioner or Deputy Commissioner in accordance with the criteria prescribed under s. 7A 'Alcohol tests' of the Police Service Administration Regulation 1990.


An authorised person may request the written approval of the Commissioner or Deputy Commissioner to conduct random alcohol testing of members by reference to a specific group or class of members.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 17

Authorised persons who believe that it would be in accordance with the object of Part 5A of the Police Service Administration Act 1990 to conduct random alcohol testing of a group of members should submit a request in writing to the Deputy Commissioner. The request is to state:

the description of the group or class of relevant members;

the reasons why it would be in accordance with the object of Part 5A of the Police Service Administration Act 1990 to conduct random alcohol testing of the group;

the period during which it is proposed to conduct random alcohol testing; and

the identity of the authorised person/s who will conduct the alcohol testing.

Upon receipt of the written approval, authorised persons named in that approval may conduct random alcohol testing in accordance with its conditions.

A copy of the approval is to be forwarded to the ADA from the Deputy Commissioner’s office.

An authorised person must have a copy of the Commissioner or Deputy Commissioner’s written approval to show members if requested.


The random alcohol testing selection system maintained by the ADA will periodically generate lists of groups of relevant members to undergo random alcohol testing.

The ADA will issue a Random Alcohol Test Notice (RATN) specifying the group of members that has been randomly selected for alcohol testing and the time period within which testing must be completed. The ADA will forward the RATN to the Random Alcohol Testing Coordinator in each Region/Command/Division responsible for the listed group.

When generating a RATN, the ADA, using a system approved by the Commissioner, will:

(1) divide all relevant members into groups;

(2) randomly select one group;

(3) ensure that two or more groups from the same Command, Region or Division are not selected on the same day; and

(4) name the group to be tested on the RATN.

Only members who are part of the selected group and are on duty when an authorised person is conducting testing at a station/establishment may be tested.


Random alcohol testing coordinators in the Regions, Commands and Divisions will advise an authorised person/s that a group has been selected for random alcohol testing.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 18

The time allowed to conduct random alcohol testing varies according to the distance by usable road between the place where a relevant member is stationed and where the nearest authorised person is stationed. Allowed periods are defined in s. 7A.2 'Time period for conducting random alcohol test' of the Police Service Administration Regulation 1990 and are included on the RATN.

The time allowed to conduct testing by the authorised person starts from when the RATN is given to the coordinator by the ADA. Where the allowed period for testing is 24 hours, it is the coordinator’s responsibility to identify the authorised person/s in a speedy manner to ensure testing can be carried out within the prescribed time frame.

The coordinator must discretely identify an authorised person/s to test members of the selected group. Where practical, the coordinator should select an authorised person/s who does not have direct line control over the selected group.

Advice of a group selected for testing must be dealt with in the strictest confidence. For example, if a commissioned officer is requested to perform the duties of the authorised person and is unable to do so, that officer is obliged to maintain confidentiality regarding the pending test.

The coordinator, when identifying the authorised person, must consider the rank of the members to be tested, given that commissioned officers can only be tested by an authorised person who is superior in rank.

Once the random alcohol testing coordinator has been informed by the authorised person that testing is complete, no further action is required of the coordinator.

14. Responsibilities of the Authorised Person in regard to Random Alcohol Testing

An authorised person/s who receives a RATN can only require a member to submit to a random alcohol test if the requirement is made within the time period specified in s. 7A.2 'Time period for conducting random alcohol test' of the Police Service Administration Regulation 1990.

Consideration must be given to conducting random alcohol tests at all times of the day and night and days of the week when safety-sensitive duties are being performed, including the beginning, middle, and end of shifts.

Advice of a group selected for testing must be dealt with in the strictest confidence until the testing process begins.

An authorised person/s conducting random alcohol testing must:

(1) have a copy of the RATN or the Commissioner or Deputy Commissioner’s written approval to conduct random alcohol testing to show members if requested;

(2) take sufficient copies of the QP 0568 Return to the location;

(3) attend the location of a particular group within the specified time period;

(4) obtain a photocopy of all rosters for the relevant work unit/s and identify those members who are able to be alcohol tested;

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 19

(5) arrange an area affording privacy for testing of only one member at a time;

(6) make arrangements where practicable for on-duty members who are away from the establishment to return for testing. For example, general duties crews could be directed to return to the station for testing between jobs. Alternatively, the authorised person may travel to the member/s where appropriate;

(7) test all members on duty at the time of attendance unless there are significant operational or other reasons for a member to be excluded from testing;

(8) complete the QP 0568 Return/s. When a member is not available for testing, note the reasons why on the QP 0568 Return/s beside the member’s name;

(9) complete a QP 0570 Notifications for a positive alcohol test result or failure to provide a specimen of breath;

(10) inform and seek advice from the ADA if significant difficulties arise during the random testing process;

(11) results can be entered electronically on Alcohol & Drug Testing system, please refer to the Random Alcohol Testing Procedures;

(12) personally fax the following records to the ADA on 3364 3069 upon completion of testing:

(i) the QP 0568 Return/s;

(ii) current roster/s (if practical, otherwise post);

(iii) copy of RATN;

(iv) any QP570 Notifications issued; and

(13) advise the Random Alcohol Testing Coordinator once testing has been completed.

Once the authorised person has arrived at the testing site, any member who has been identified for testing and who wishes to report sick or to leave the station/establishment for any purpose must first report in person to the authorised person. The authorised person should conduct an alcohol test on the member prior to their departure unless valid medical or other reasons apply. These reasons are to be recorded on the QP 0568 Return.

A breath test conducted under Part 5A of the Police Service Administration Act 1990 is not a substitute for a breath test required under the Transport Operations (Road Use Management) Act 1995 (TORUM). Where appropriate, ensure that a breath test is conducted when it is authorised under the TORUM.

For further information refer to the Random Alcohol Testing Procedure.


Negative Test Result

When a member returns a negative test result, the authorised person will:

(1) advise the member of the result; and

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 20

(2) mark the ‘negative’ column on the QP 0568 Return.

Positive Test Result

When a member returns a positive result, the authorised person is to:

(1) advise the member of the result and complete a QP 0570 Notification, noting any comments the member offers regarding their positive result. The QP 0570 Notification must include the concentration of alcohol in the member’s breath when tested;

(2) give copies of the completed QP 0570 Notification to the member, and the member’s District Officer or supervising commissioned officer/senior manager as soon as practicable and forward the original to the ADA;

(3) advise the member’s supervising commissioned officer/senior manager that the member has tested positive; and

(4) If the supervising commissioned officer/senior manager is not available to respond to a positive test result, then the authorised person is responsible for this response, or is to identify another officer/manager to assist (see s. 16 ‘Responsibilities of the Supervising Commissioned Officer/Senior Manager in Response to a Positive Alcohol Test’ of this policy).

Failure to Provide a Specimen of Breath

A relevant member who fails to provide a sufficient specimen of breath as required is taken to have been tested for alcohol and to have been over their prescribed limit. A failure to provide a specimen is viewed as misconduct.

In cases where the member fails to supply a sufficient specimen of breath the authorised person is to advise them in the following terms:

(1) for a police officer or recruit:


I also remind you that you will be subject to disciplinary action for disobeying a lawful instruction of a senior officer as provided for in section 9(1)(d) of the Police Service (Discipline) Regulations 1990. Do you understand that?



(2) for a staff member:

I remind you that section 5A.11 of the Police Service Administration Act 1990 provides that a member who fails to provide a specimen of breath as required is taken to have been tested for alcohol and to have been over the

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 21

limit for alcohol applying to the member when the failure happened. Do you understand that?

I also remind you that you will be subject to disciplinary action under section 187(1)(d) of the Public Service Act 2008 for failure to comply with a direction given by a person with authority to give the direction. Do you understand that?



(3) direct the member to supply a specimen of breath into the instrument used to perform the alcohol test on as many occasions as are reasonably necessary to provide a sufficient specimen of breath for testing, unless an existing medical condition prevents the member from so doing, in which case a manual sample should be attempted. A manual sample means setting the breath testing device to conduct manual sampling, which overrides the automatic sampling system;

(4) any further failure of the relevant member to provide a specimen of breath is regarded as the member having been tested, and over the limit, for alcohol applying to them when the failure happened;

(5) complete a QP 0570 Notification, noting any comments the member offers regarding their failure to provide a specimen;

(6) ensure the member signs the QP570 Notification;

(7) give copies of the QP 0570 Notification to the member and the member’s District Officer or supervising commissioned officer/senior manager and forward the original to the ADA; and

(8) complete a QP 0466 and send to ESC;

(9) advise the member’s supervising commissioned officer/senior manager of the member’s failure to provide a specimen.

15. Responsibilities of the Supervising Commissioned Officer/Senior Manager in Response to a Positive Alcohol Test or Failure to Provide a Specimen of Breath

When a member returns a positive test result or fails to provide a specimen of breath without a valid medical reason, the supervising commissioned officer/senior manager is to:

(1) direct the member to terminate duty for the remainder of that shift;

(2) assess occupational health and safety matters such as removal of firearms and access to vehicles and vessels;

(3) initiate a QP466 where the reading is or is more than 0.05 g of alcohol in 210 L of breath or member fails to provide a specimen of breath; and

(4) direct the member to contact the ADA.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 22

A member must not remain on duty if their reading is 0.05 g of alcohol in 210 L of breath or above, or fails to provide a specimen of breath, unless there are exceptional circumstances. In such circumstances, the member’s supervising commissioned officer/senior manager may allocate the member appropriate duties.

If a member remains on duty, the member’s supervising commissioned officer/senior manager is to:

assess occupational health and safety issues; and

report in writing to the member’s Assistant Commissioner/Director and the ADA, within seven (7) days, justifying why it was necessary to keep the member on duty.


An authorised person may require a relevant member to submit to testing if the person has been involved in a critical incident.

Critical incident testing applies only to relevant members as defined under Part 5A of the Police Service Administration Act 1990. Critical incident testing includes both alcohol and drug testing.

A critical incident means:

an incident in which it was necessary for an officer on duty to discharge a firearm in circumstances that caused or could have caused injury to a person; or

a death of a person in custody; or

either of the following in which a person dies or because of which a person is admitted to hospital for treatment of injuries:

(i) a vehicle pursuit;

(ii) a workplace incident at a police station/establishment.

For (ii), where injuries are not significant and enquiries reveal that officers have abided by all policies, and where there are no obvious signs of intoxication, the authorised person may decide not to proceed with testing.

Please contact ADA on the on-call critical incident phone 0417 761 347 if you are unsure about whether a critical incident has occurred.


Relevant members directly involved either at the scene, or having a significant role affecting the outcome of an incident depending on context and circumstances of the incident should be tested.

While the authorised person has the discretion to select members involved in such incidents for testing, it is expected that the authorised person will consult the Chief Superintendent responsible for the geographical area in which the incident occurred. The Chief Superintendent must consult with the Assistant Commissioner (or delegate), Ethical Standards Command (ESC).

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 23


Where an incident has occurred that may come within the provisions of Part 5A of the Police Service Administration Act 1990, the attending commissioned officer is to contact the Chief Superintendent (or their delegate) responsible for the geographical area in which the incident occurred and provide advice to the Chief Superintendent in relation to the incident.

The attending commissioned officer is to advise the Chief Superintendent whether or not they are able to attend to alcohol and drug testing requirements under Part 5A of the Police Service Administration Act 1990 (e.g., the attending officer may have a number of other duties to attend to in addition to testing).

Arrangements are to be made for another commissioned officer to attend to testing matters if necessary.


The Chief Superintendent (or their delegate) will:

(1) consult with Chief Superintendents/commissioned officers of Regions/Commands/ Divisions who have relevant members directly involved in the critical incident, as well as the Assistant Commissioner (or their delegate) ESC; and

(2) identify and nominate appropriate authorised person/s, if necessary (Regional Duty Officer or other commissioned officer superior in rank to members to be tested) to manage testing requirements under Part 5A of the Police Service Administration Act 1990.

It may also be the case that relevant members who were drivers of motor vehicles involved in the critical incident may be required by any officer to provide a specimen of breath for a breath test under the provisions of the Transport Operations (Road Use Management) Act 1995.


Time restrictions apply regarding the collection of breath and urine samples following a critical incident.

The authorised person is to ensure that all nominated members are tested as soon as reasonably practicable, but:

(1) for alcohol, the requirement to provide a specimen of breath and the testing should occur, where practicable, within two hours of the incident;

(2) for drugs:

(i) the requirement to provide a specimen is to be made, and the specimen collected, as soon as reasonably practicable after the incident occurring;

(ii) the specimen must be provided within 24 hours of making the requirement unless the authorised person considers there are exceptional circumstances

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 24

(e.g., doctor or registered nurse (‘collector’) not available to take the specimen), in which case this may be extended to 36 hours. These circumstances are to be reported to the ADA in writing.

Where practical and when testing can be done within a reasonable time frame, relevant members involved in a critical incident should remain on duty until testing is complete.

Any member selected for testing after a critical incident who wishes to report sick or otherwise cease duty must be alcohol tested prior to their departure. The requirement for a drug test should be given prior to the member leaving the incident, unless sufficient medical or other reasons apply.

In some cases, officers involved in a critical incident may have completed their rostered shift and returned home prior to arrangements being made for alcohol or drug testing. A member may be recalled to duty for post-critical incident testing, however, the place where the member is recalled to must not be the member’s place of residence.

For further information, refer to the Targeted Substance Testing Procedure and the Specimen Collection Instructions for Doctors and Registered Nurses, a booklet containing a pictorial description of the procedure. Further information can be located on the ADA webpage on the Bulletin Board.


The ADA, in consultation with the collector, will arrange for transportation of specimens to the laboratory.

Where this cannot be done, the authorised person is responsible for ensuring delivery of the specimen to an authorised collection point, ensuring continuity of specimen requirements are met. The ADA will provide advice in this regard. Specimens must not be left in vehicles unless being transported.


If the member tells the doctor or registered nurse that they are unable to provide the specimen, the collector may:

(1) allow the relevant member to drink up to 500 mL of water; and

(2) direct the relevant member to provide the specimen within 1 hour after drinking the water.

The collector is to record this information on QP 0588 ADA Record.

16.7 If Member Claims to be Unable to Provide a Specimen due to a Medical Condition

If a member claims that they are unable to provide a specimen of urine due to a medical condition, they must give the doctor or registered nurse the following information:

(1) the name, if known, and nature of the medical condition;

(2) how the medical condition affects the member’s ability to provide a specimen of urine;

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 25

(3) how long the member has had the medical condition; and

(4) the name and address of any doctor treating the medical condition.

The opinion of the collector is sought regarding the claim at the section “Medical Condition” on QP 0588 ADA Record.

Any information obtained regarding a member’s personal medical details is to remain confidential to the collector at this time.

The relevant member must immediately advise the authorised person that he/she is unable to provide a specimen of urine because of a medical condition. The authorised person records the failure on QP 0568 Return.

16.8 Failure to Provide a Specimen (No Claim of Medical Condition or Claim Not Supported)

In cases where the member fails to provide a specimen and either:

does not claim a medical condition has prevented them from providing a specimen; or

the doctor or registered nurse advises the authorised person that the member is not prevented by a medical condition from providing a specimen of urine;

1. where the relevant member is a police officer or recruit, the authorised person should advise them in the following terms.


I also remind you that you will be subject to disciplinary action for disobeying a lawful instruction of a senior officer as provided in section 9(1)(d) of the Police Service (Discipline) Regulations 1990 and section 10.5 of the Code of Conduct. Do you understand that?

2. where the relevant member is a staff member the authorised person should advise the member in the following terms:


I also remind you that you will be subject to disciplinary action under section 187 of the Public Service Act 2008 for failure to comply with a direction given by a person with authority to give the direction. Do you understand that?

If the relevant member does not provide a specimen, record this fact on QP 0568 Return.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 26

For further action in regard to a failure to provide a specimen of urine, refer to s. 21.5 ‘Failure to Provide a Specimen of Urine’ of this policy.

The authorised person should also note the circumstances surrounding the test in their notebook or diary.


The ADA will:

(1) if required, arrange a GMO or registered nurse to assist with specimen collection;

(2) advise the authorised person of collection site and time;

(3) if possible, attend the closest police station to coordinate the testing; or

(4) if unable to attend, ensure the authorised person has appropriate forms and testing kits if they need to be taken to the collection site.


Reasonable suspicion testing applies only to relevant members as defined under Part 5A of the Police Service Administration Act 1990. Reasonable suspicion testing may include alcohol and/or drug testing.

If supervisors or peers are concerned that a member is misusing alcohol or another licit drug, referral to the ADA, a Human Services Officer or Service Chaplain is strongly encouraged.

Only an authorised person of a higher rank than that of the relevant member/s to be tested may require them to submit to a drug test.

A relevant member who is not on duty must not be recalled to duty for the purpose of a drug test unless they are reasonably suspected of having contravened s. 5A.12 'Targeted substance levels' of the Police Service Administration Act 1990 and the member was on duty at the time of the suspected contravention. The place where the member is recalled to duty must not be the member’s place of residence.

A member who reasonably suspects that another member of the Service has contravened or is contravening Part 5A of the Police Service Administration Act 1990, must notify their supervising commissioned officer or, if their supervising commissioned officer/manager is the member in question, their next higher level of supervising commissioned officer.

17.1 Alcohol

When an authorised person has a reasonable suspicion that a relevant member has contravened prescribed alcohol limits (e.g. member is displaying indicia of intoxication), they should conduct an alcohol test immediately.

17.2 Drugs

Although an authorised person who reasonably suspects that a relevant member is contravening or has contravened s. 5A.12 'Targeted substance levels' of the Police Service Administration Act 1990 has the discretion to require a test, it is strongly recommended that they consult with the ADA and ESC prior to making the requirement.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 27


Pre Test

Before making a requirement for reasonable suspicion testing, the authorised person should:

(1) document the circumstances leading to the reasonable suspicion, including specific observations of intoxication or impairment. Such signs may include erratic or dangerous behaviour, or overtly intoxicated behaviour. The decision to conduct a reasonable suspicion test must be able to be justified;

(2) ensure that the member, if an officer or staff member located in a critical area, is not permitted to drive Service vehicles or possess weapons, or conduct other safety sensitive duties while potentially impaired; and

(3) if necessary, notify the ADA to organise a drug test. The ADA will ascertain the availability and location of a collector, make arrangements for a drug test to be conducted and inform the authorised person of the testing location and time. The ADA will ascertain if the member is already subject to a treatment agreement or requirement to attend treatment.

In the case of drug tests, it is recommended that the authorised person consult with ESC prior to conducting the test and that ESC is notified when a requirement for a test is made.

Test

The authorised person will:

(1) advise the member that they are reasonably suspected of contravening or having contravened s. 5A.7 'Alcohol limits' of the Police Service Administration Act 1990 and/or s. 5A.12 'Targeted substance levels' of the Police Service Administration Act 1990; and

(2) conduct an alcohol test (refer to Random Alcohol Testing Procedure); and/or

(3) make a requirement to the member to attend a drug test at specified time and place and accompany the member to the predetermined site for the drug test (refer to Targeted Substance Testing Procedure); and

(4) notify the ADA when testing is completed.

Post Test

The authorised person is to dispatch or cause to be dispatched the confidential Advice of Details of Medication (Form 1) (already in a sealed envelope), Alcohol and Drug Awareness Unit Record and Continuity of Specimen (QP 0588), and the Alcohol and Drug Tests Return (QP 0568) to the ADA by internal mail or Australia Post as soon as practicable but within 24 hours of completion of testing.


The State Crime Operations Command participates in drug testing for covert operatives. For further information, please contact the Detective Inspector, Covert and Surveillance Operations Group.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 28

19. Recruits

The outcome of positive results for random alcohol tests and targeted alcohol and drug tests for recruits is managed under the ‘Contract of Employment of a Person as a Police Recruit in the Queensland Police Service’.

20. Drug Testing

Urine specimens that test positive to an initial drug screen will be subject to a confirmatory analysis. Relevant members will be provided with a copy of results.

If a member is taking medication, they may return a positive drug test. Before providing a urine sample, members are required to complete a confidential Advice of Details of Medication (Form 1) and advise details of any medication or other substance taken, or incident that may affect the result of the drug test.

An alleged drink spiking incident may not be considered a legitimate explanation for a positive result unless the matter has been previously reported within a reasonable time after the alleged incident. Members are encouraged to report a suspected drink spiking incident to another officer who will complete the necessary crime report or make an appropriate entry on the relevant activity log or occurrence sheet if no offence is indicated.


A relevant member may request a drug test by contacting the ADA, which will make arrangements for the test. It is recommended that the member consults with their Union before contacting ADA. If the member returns a positive confirmed drug test result, in addition to informing the member, the Manager ADA will inform the member’s senior supervising officer/manager to discuss the circumstances and make recommendations regarding any further action.


In circumstances other than under Part 5A of the Police Service Administration Act 1990 where a member is drug tested, the officer who conducted the test should inform the ADA that the test was conducted and the result of the test.


The Manager ADA will advise, in writing, the member, the member’s Assistant Commissioner/Director, the member’s supervising officer and ESC.


While legitimate use of a licit drug will be treated as a negative result, the ADA will advise the member, the member’s Assistant Commissioner/Director, the member’s supervising officer and ESC of the result.

For a confirmed positive illicit drug result or a misuse of medication result:

(1) a decision will be made by the Commissioner/Deputy Commissioner in consultation with the Assistant Commissioner/Director regarding suspension of the member pending investigation. The ADA is advised accordingly;

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 29

(2) the Assistant Commissioner/Director will arrange the completion of a QP 466 and the ESC will coordinate the disciplinary response;

(3) the ADA will arrange an initial consultation for the member to determine the nature of their substance misuse and make recommendations to the member and their Assistant Commissioner regarding possible treatment interventions; and

(4) the ADA may make recommendations to the Commissioner as set out in s. 5A.16 'If alcohol or targeted substance test positive' of the Police Service Administration Act 1990.

A member may request to have their specimen re-tested if the confirmed test result is positive. The Standard requires that a second bottle or ‘referee sample’ of the collected specimen is securely stored at the testing laboratory for re-testing in the event of a disputed analysis. In the event of results being challenged, the referee sample will be made available by the original testing laboratory for re-testing by another appropriately accredited laboratory. As a general rule, all positive samples and their respective referee laboratory samples will be stored in a locked freezer for at least twelve months from the date of reporting of the original result. The Service will meet the costs of the second analysis.

For staff who are relevant members, the member’s supervising commissioned officer/senior manager will complete and sign a QP 0569 Certificate of Duties Performed, certifying that the member was performing duties in a critical area at the time of testing. The original certificate is given to the member and a copy is to be posted to the ADA within seven days.


A member who fails to provide a specimen of urine, unless they have a valid medical reason, is taken to have been tested for a targeted substance and found to have evidence of a targeted substance in their urine.

Failure to provide a specimen of urine in accordance with Part 5A of the Police Service Administration Act 1990 will be considered as misconduct.

The authorised person will inform the ADA and the relevant member’s Assistant Commissioner/Director that the member has failed to supply a specimen of urine.

The Assistant Commissioner/Director will arrange for a QP466 to be completed and ESC will coordinate the disciplinary response.


Section 5A.16 'If alcohol or targeted substance test positive' of the Police Service Administration Act 1990 states that the Commissioner may require a member to undergo counselling or rehabilitation approved by the Commissioner. The Commissioner may take disciplinary action against a member who fails to attend or complete counselling or rehabilitation as required.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 30

The ADA will liaise with all members who return a positive alcohol test result to discuss the circumstances of their result. In consultation with the member, the ADA will determine if further assessment is required. In some circumstances, an external service provider will provide the assessment. This assessment will form the basis of any advice or strategies recommended to, or required of the member.

Where a member declines to participate in initial discussions with the ADA, or fails to participate in an assessment or treatment with either the ADA or an external provider, the ADA will consult with the member’s senior supervising officer/manager and the member’s Assistant Commissioner will be informed.

The ADA will advise the member’s Assistant Commissioner/Director in writing when no further assistance is required from the ADA.

The ADA will manage the collection and storage of test results in the strictest confidence.

The ADA will forward to the Commissioner, on a regular basis, a statistical report of test results.


The ADA will advise the member’s Assistant Commissioner/Director when treatment has been required and will keep them informed of the member’s progress. The member may also contact a Human Services Officer or Service Chaplain for support.

When a member needs to be off work for a period of five days or longer, workplace rehabilitation processes will apply, as per current Service policy (see s. 21.5: ‘Workplace Rehabilitation’ of the HRM Manual). If a member lodges a WorkCover claim for a work-related condition, the Service may provide information to WorkCover.

Relapse is generally recognised as part of the dynamics of treatment for addiction. Responding to relapse effectively involves both a therapeutic and an organisational process. If relapse occurs during treatment, a safety sensitive assessment by an approved external provider may be conducted to ensure a member’s fitness for duty.

When a member complies with a requirement for treatment and no further action is recommended, the member’s Assistant Commissioner/Director will be advised in writing.

Where a member fails to attend or complete counselling or rehabilitation under section 5A.16 of the Police Service Administration Act 1990, the member’s Assistant Commissioner/Director will be informed. The ADA may consult with the AOD Committee and make recommendations to the Commissioner as per s. 5A.17 'Effect of failure to comply' of the Police Service Administration Act 1990.


There will be no cost to the member for treatment as required under section 5A.16 of the Police Service Administration Act 1990. The Service will meet reasonable travel costs associated with accessing treatment.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 31

If a member is already receiving treatment from an approved external health care provider, and wishes to continue to see that provider and access Service funded benefits for treatment, the Service will meet the costs only from the date of the treatment requirement.

The Service will fund treatment for a period of up to 12 months (limits may be applied to individual expenditure). If treatment extends beyond 12 months, additional expenditure will need to be approved by the Manager, OSW. The ADA will only meet costs from Service approved treatment providers. It is expected that where the member is able to claim any benefits through Medicare or their private health insurance, that they will do so to assist in funding treatment.

Members are required to notify their external health provider and the ADA in advance of any appointment they are unable to attend.


Where there is evidence of alcohol misuse by a member, a safety sensitive assessment may be conducted to ensure if the member is fit to continue in, or resume, duties in a safety sensitive area. A safety sensitive assessment may result in a member performing alternate duties, subject to standard rehabilitation procedures.


A relevant member who returns a positive test result or who fails to provide a specimen of breath will be subject to further testing, in addition to being subject to random testing pursuant to section 5A.9(2)(b) of the Police Service Administration Act 1990.

The ADA will monitor test results of all members. When a member returns subsequent positive results, the ADA will advise the member’s Assistant Commissioner/Director.

22. Responsibilities of the ADA in Response to a Positive Illicit Drug Test and Failure to Provide a Specimen

If the ADA recommends external counselling or treatment, and the Commissioner agrees, the member will be required to attend counselling or rehabilitation.

The member will be required to undergo further testing. Cases will be monitored by the Alcohol and Drug Awareness Unit. ADA may consult with the AOD Committee and make recommendations to the Commissioner as per s. 5A.17 ‘Effect of failure to comply’ of the Police Service Administration Act 1990.

When a relevant member is required to be off work for a period of five days or longer, workplace rehabilitation processes will apply, as per current Service policy (see s. 21.5: ‘Workplace Rehabilitation’ of the HRM Manual). If a member lodges a WorkCover claim for a work-related condition, the Service may provide information to WorkCover (e.g. that a treatment agreement has been entered into or a requirement made for treatment).


The ADA will arrange an initial consultation to assess the situation to determine further action. This may include a safety sensitive assessment.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 32


Members of the Service may approach the ADA, a Human Services Officer or a Service Chaplain for help with personal misuse of alcohol or other licit drugs, or use of illicit drugs, via telephone, email or in person.

Members are invited to seek information from the ADA on 3364 6186 in relation to assistance available for alcohol and drug misuse. This contact may be made without self-identification.


There are provisions in the legislation for members to self report problems with personal misuse of alcohol or other drugs, to the ADA. Such action is regarded as a positive sign that a member is willing to take action to address their problems.

When a member approaches the ADA, the ADA will review their situation and support needs. They may be referred to an external treatment provider for an assessment. In cases where the ADA recommends external treatment (or continuation of any current treatment the member is receiving), and the Commissioner and the member agree, a treatment agreement may be entered into by the Commissioner and the member.

A member who has self-reported for counselling or rehabilitation in relation to personal use of alcohol or a drug may be subject to further testing as part of the written treatment agreement. This testing is conducted in a confidential manner using arrangements different from tests conducted under Part 5A of the Police Service Administration Act 1990.

Members who self report substance misuse may do so without fear of disciplinary action based on their disclosures of personal misuse to members of the ADA or Human Services Officers for the purposes of obtaining a treatment agreement, or for the purposes of counselling or rehabilitation under the agreement.

A disciplinary response will be considered by the Service if independent information (other than that revealed through self reporting) is received regarding current involvement in illicit drug activities.

Recruits are not eligible for treatment agreements, however, they can still access assistance through existing mechanisms, such as Human Services Officers, Service Chaplains, and Academy staff.

The ADA will advise the member’s Assistant Commissioner/Director that a treatment agreement has been entered into and will keep them informed of the member’s progress.

The original treatment agreement will be held by the ADA and the member will hold a copy. The agreement is individual to the member and sets out the proposed treatment.

When a member needs to be off work for a period of five days or longer, workplace rehabilitation processes will apply, as per current Service policy (see s. 21.5: ‘Workplace Rehabilitation’ of the HRM Manual). If a member lodges a WorkCover claim for a work-related condition, the Service may provide information to WorkCover.

Relapse is generally recognised as part of the dynamics of treatment for addiction. Responding to relapse effectively involves both a therapeutic and an organisational

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 33

process. If relapse occurs during a treatment agreement, a safety sensitive assessment by an approved external provider may be conducted to ensure a member’s fitness for duty.

When a member participates satisfactorily with the terms of the treatment agreement and no further action is recommended, the member’s Assistant Commissioner/Director will be advised in writing.





25. Definitions


For the purposes of self reporting, nominated positions have been approved by the Commissioner and may include Human Services Officers and Service Chaplains.


Case management is a collaborative process that assesses, plans, implements, coordinates, monitors and evaluates the options and services required to meet an individual’s health needs.


A covert operative is a police officer or another person approved under the Police Powers and Responsibilities Act 2000 to act as a covert operative in controlled operations.

25.4 Dangerous Drug

Dangerous drug is a dangerous drug under the Drugs Misuse Act 1986.

25.5 Evidence

Evidence of a targeted substance in a person’s urine includes evidence of the presence of the following in a person’s urine: a targeted substance; a substance that is used in a targeted substance; or a metabolite of a targeted substance.


A member who tests positive for alcohol or a drug will be subject to further testing at the discretion of the Alcohol and Other Drugs Committee, in addition to being subject to random alcohol testing.


Group or class of members includes relevant members attached to a work unit. This term includes police officers from a station, section or establishment and staff members performing a function in a critical area.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 34

25.8 Member

Member means a police officer, police recruit or staff member of the Service as defined in s. 1.4 'Definitions' of the Police Service Administration Act 1990.

25.9 Illicit Drug

For the purposes of this policy, an illicit drug is a dangerous drug as defined under the Drugs Misuse Act 1986.


A negative alcohol test result means a member has provided a specimen of breath with a concentration of alcohol that is under the prescribed alcohol limit.


There is no evidence of a targeted substance in the member’s urine when tested.

If a member is taking prescribed or over the counter medication, the drug test result may show evidence of this medication. However, in these cases an independent Forensic Medical Officer will review the results and if they are explained in terms of legitimate use of medication, then the result will be treated as a negative result.


A positive alcohol test result means a member has provided a specimen of breath with a concentration of alcohol that is, or is more than, the prescribed alcohol limit applying to the member at the time of testing.

When an authorised person is determining whether a relevant member is over the limit, they should also consider the degree of accuracy of the breath testing device before taking action. When using a Lion SD 400 PA alcolmeter, if the reading shown by the device is equal to or above the prescribed limit, the authorised person should reduce the reading by 0.005 g of alcohol in 210 L of breath to ensure the relevant member is without doubt over the prescribed limit.


A positive drug test result means the specimen when analysed had evidence of a targeted substance.

Legitimate use of a licit drug as confirmed by a Forensic Medical Officer will be treated as a negative result.


Registered nurse is a registered nurse prescribed under the Nursing Act 1992.


Safety sensitive means a duty or responsibility that could reasonably be expected to impact on any person’s safety. Safety sensitive areas include critical areas as defined in s. 5A. 2 ‘Definitions for Part 5A' of the Police Service Administration Act 1990.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 35


A safety sensitive assessment will identify if a member is fit to continue in, or resume, safety sensitive duties or duties in a critical area.


A targeted substance means: a dangerous drug under the Drugs Misuse Act 1986; a substance that is a controlled drug, a restricted drug or a poison under the Health Act 1937 that may impair a person’s physical or mental capacity; or another substance that may impair a person’s physical or mental capacity.


A treatment agreement sets out a proposed course of treatment developed in consultation with the member according to case management principles. A treatment agreement is individual to the member and is an agreement between the member and the QPS.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 36

APPENDIX A

Exemptions from Alcohol Testing

Section 5A.9 'Random alcohol testing' of the Police Service Administration Act 1990 exempts a relevant member or class of relevant member from random alcohol testing, either generally or in particular circumstances. This has an effect on s. 5A.7 'Alcohol limits' of the Police Service Administration Act 1990.

Other than Category A exemptions, exemption approvals will be granted on a case-by-case basis.

An exemption only applies to a member performing operational duties associated with or subsequent to the role specified in the exemption approval, and not to any administrative functions associated with that role.

The requirements of s. 79 'Driving etc. whilst under influence of liquor or drugs or with prescribed concentration of alcohol in blood or breath' of the Transport Operations (Road Use Management) Act 1995 apply to all exemption approvals.

Categories

All exemptions may be approved by an Assistant Commissioner (pursuant to Delegation No. D.15.16).

Category A exemptions apply to police officers presently performing duties or seconded to the Covert and Surveillance Operations Group, State Crime Operations Command. An application for a Category A exemption should only be prepared and submitted by the Detective Inspector, Covert and Surveillance Operations Group.

Category B exemptions refer to all other applications. Approval may be granted upon application to a relevant member, class of member within an organisational unit, or an organisational unit.

Applications

Members seeking an exemption approval under s. 5A.9 ‘Random Alcohol Testing’ of the Police Service Administration Act 1990 are to submit a report to their officer in charge outlining:

(1) the duty to be undertaken, including any legislation being enforced;

(2) the need to consume alcohol whilst performing this duty. Any impact of policing effectiveness if alcohol cannot be consumed should also be stated;

(3) whether the exemption is sought for a relevant member or class of relevant member. The particulars of the member/s are to be provided except where the particulars are confidential, i.e. in the case of covert police operatives. Where the particulars are confidential, this should be indicated;

(4) the period for which the exemption approval is sought (i.e., three months); and

(5) any other relevant circumstances.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 37

Officers in charge, when receiving a report, are to make a firm recommendation with regards to the application. The report is to be then forwarded by the chain of command to the Assistant Commissioner.

Relevant members are still subject to the requirements of s. 5A.7 'Alcohol limits' of the Police Service Administration Act 1990 until an exemption approval under s. 5A.9 ‘Random Alcohol Testing’ subsection (4) of the Police Service Administration Act 1990 has been issued.

Approval

The executive officer (as defined in the Police Service (Ranks) Regulation 1991) is to consider the contents of the report with respect to, but not limited to:

(1) the period being sought, and a commencement date;

(2) any legislative requirements that should be met (e.g., the alcohol limit for the driving of a motor vehicle);

(3) whether the class of relevant member should be narrowed, redefined, etc.;

(4) the named individuals and any case management plans that may apply (see s. 25 'Approaching the ADA for help with personal misuse of alcohol or other drugs' of this policy). Where the particulars are indicated to be confidential, liaison should be made with the officer in charge who recommended the application to obtain those particulars;

(5) any restrictions or conditions to be placed on any subsequent exemption approval. Such a condition might be that the exemption approval only applies where the relevant member is directly engaged with persons subject of a controlled operation, and not otherwise; and

(6) a suitable expiry date for the exemption approval being sought.

Where the application is supported, the executive officer is to:

(1) approve, in writing, the exemption of a relevant member or class of relevant member from random alcohol testing, together with conditions appropriate for the exemption approval;

(2) forward the exemption approval to the officer in charge of the relevant organisational unit. Where the officer in charge forms part of the class of relevant members, the exemption approval is to be forwarded to that officer's officer in charge; and

(3) forward a copy of the exemption approval to the Manager, Alcohol and Drug Awareness Unit (ADA), Organisational Safety and Wellbeing, Human Resources Division.

Upon receipt of an exemption approval, the Manager, ADA is to record the particulars of the exemption approval, together with any stipulated conditions, onto a register kept for that purpose.

The officer in charge of the relevant organisational unit is to bring to the attention of all relevant members subject to the exemption approval the conditions and expiry date of the approval.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 38

Review and Re-assessments

The Manager, ADA, in the case of Category B exemptions may conduct assessments as to the effectiveness of the exemption approvals or a particular exemption approval. Where an exemption approval may need to be modified or revoked, the Manager, ADA is to forward advice to the relevant Assistant Commissioner for consideration.

An executive officer may modify or revoke an exemption approval at any time, in writing.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 39

APPENDIX B

Australian/New Zealand Standard 4308:2001 – Procedures for the Collection, Detection and Quantitation of Drugs of Abuse in Urine

The following extract has been reproduced with the permission of Standards Australia International Limited. For a pictorial description of the Standard refer to the ‘Specimen Collection Instructions for Doctors and Registered Nurses’, a booklet that has been distributed to Regions, Commands, and Divisions or refer to the ADA webpage on the Bulletin Board. Extract One – Section 3: Specimen Collection and Storage Procedures “3.1 GENERAL

This Section sets out procedures for the collection and adequate identification of a urine sample for testing by the laboratory. The procedure recommends the provision of a split sample in case resolution of disputed results is required. However, provision of a single sample shall not negate compliance with this Standard.

WARNING: THE COLLECTION AND HANDLING OF HUMAN SAMPLES MAY CONSTITUTE AN INFECTION HAZARD. HANDLE IN ACCORDANCE

WITH AS/NZS 2243.1, AS/NZS 2243.2 AND AS/NZS 2243.3 AND APPENDIX B. 3.2 COLLECTION SITE 3.2.1 General

Each drug testing program shall have one or more designated collection sites that have all the necessary personnel, materials, equipment, facilities and supervision for the collection, security, temporary storage and shipping or transportation of urine specimens to a drug testing laboratory. 3.2.2 Privacy

Procedures for collecting urine specimens should allow for individual privacy. This Standard does not exclude the option to observe the collection of urine under strictly controlled medical conditions. Observation is to be carried out by a medical practitioner or paramedical staff under the direction of a medical practitioner. 3.2.3 Security

Procedures shall be in place to provide for the designated collection site to be secure. If a facility cannot be dedicated solely to the collection of urine, then that portion of the facility used shall be secured during collection.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 40

3.2.4 Chain-of-custody

Chain-of-custody forms shall be properly executed by an authorized collector upon receipt of the laboratory samples. Handling and transportation of urine specimens from one authorized individual or place to another shall always be accomplished through chain-of custody procedures. Every effort shall be made to minimize the number of persons handling specimens. NOTE: An example of a chain-of-custody form and urine screening collection protocol is shown in Appendix A. 3.2.5 Access

No unauthorized personnel shall be permitted in any part of the designated collection site when the urine specimens are being collected. 3.3 INTEGRITY AND IDENTITY OF THE COLLECTED SPECIMEN 3.3.1 General

Precautions shall be taken to ensure that a urine specimen cannot be adulterated, substituted or diluted during the collection procedure and that information on the urine bottle and in the record book can identify the individual from whom the sample was collected. 3.3.2 Precautions

The following precautions, as a minimum, shall be taken to ensure that unadulterated specimens are obtained and correctly identified. (a) To deter the dilution of specimens at the collection site, toilet colouring agents shall be

used, so the water in the toilet bowl remains coloured. There shall be no other accessible source of water in the enclosure where the urine is voided.

(b) When a donor arrives at the collection site, the collector shall request identification. If the individual’s identity cannot be established unequivocally, then the collector shall not proceed with the collection.

3.3.3 Collection procedure

The procedure shall be as follows: (a) After washing hands, the donor shall remain in the presence of the collector and not

have access to any water fountain, tap, soap dispenser, cleaning agent or any other materials that might be used to adulterate the specimen.

(b) The donor shall provide the specimen in a stall or otherwise partitioned area that allows for individual privacy.

(c) Upon receiving the specimen, the collector shall determine that there is sufficient sample to enable all required testing to be performed. In the event insufficient is provided an additional sample may be collected.

(d) The validity of the sample may be established by demonstrating the temperature is between 33°C and 38°C when measured within 4 min of voiding using a thermometer (1.6.3).

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 41

NOTE: Insufficient urine may invalidate temperature reading with some types of thermometers.

(e) Immediately after the specimen is collected, the collector shall also inspect the urine specimen to determine its colour and look for any indication of adulterants or diluents. Any unusual finding shall be noted in the permanent record system.

(f) If the validity of the sample cannot be established, or if it is suspected that the specimen may have been adulterated or substituted, then another specimen shall be collected as soon as possible and both forwarded to the laboratory for testing. These specimens shall be labelled and documented appropriately.

(g) Both the collector and the donor shall keep the specimen in view at all times prior to it being sealed and labelled.

(h) An equal portion of the specimen shall be transferred to a second bottle. This sample shall be called the referee sample.

(i) The collector shall request that the donor observe the transfer of the specimen and the placement of the tamperproof seals, or equivalent devices, over both bottle caps and down the sides of the bottles. The seals shall be signed by the donor. NOTE: Other devices or containers which can guarantee the integrity of the urine sample may be used in place of tamperproof seals.

(j) After the specimen has been provided and submitted to the collector, the donor shall be allowed to wash his/her hands.

3.3.4 Preparation for dispatch

The collector and the donor shall be present during Steps (a) to (d) of the following preparation for dispatch procedures. The preparation method is as follows. (a) The collector shall securely place labels on each bottle. The label should list the date

of collection and a minimum of two unique identifiers for the donor. (b) The collector shall enter into the permanent record system all information identifying

the specimen. The collector shall sign the permanent record system next to the identifying information.

(c) The donor shall be asked to read and sign a statement in the permanent record system certifying ownership of the specimen provided.

(d) The collector shall complete the chain-of-custody form. (e) The urine bottles and the chain-of-custody form are now ready for shipment. If the

specimens are not immediately prepared for transport, they shall be appropriately safeguarded and refrigerated during temporary storage. The shipment should occur as soon as possible.

(f) While any part of the above chain-of-custody procedures is being performed, the urine specimen and chain-of-custody documents shall be under the control of the collector and within view of the donor.

3.4 TRANSPORTATION TO THE LABORATORY

The procedure for transportation of the samples to the laboratory shall incorporate the following:. (a) Collector shall place both the test specimen and the referee sample in containers

designed to minimize the possibility of damage during shipment. (b) The containers shall be securely sealed to eliminate the possibility of undetected

tampering.

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 42

(c) The collector shall ensure that the chain-of-custody form is inside the sealed container in which the laboratory specimens are shipped to the drug testing laboratory.

(d) Transportation shall occur in accordance with appropriate legislation.”

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 43

Extract Two – Appendix A: Urine Screening Collection Protocol “To maintain the chain-of-custody procedures, urine for drugs of abuse screening should be collected in the following manner. It is also essential that the accompanying chain-of-custody form be correctly completed. Any departure from the outlined procedure may invalidate reported results. SPECIMEN COLLECTION (1) To deter the dilution of specimens at the collection site, toilet colouring agents should

be used, so the water in the toilet bowl remains coloured. There should be no other accessible source of water in the enclosure when the urine is voided.

(2) Collector should ensure positive identification of donor, e.g. photograph on driver's

licence. (3) The collector should ask donor to remove any unnecessary outer garments such as a

coat or jacket that might conceal items or substances that could be used to tamper with or adulterate the donor's urine sample. All personal belongings should be left outside collection facility.

(4) After washing hands, the donor should remain in the presence of the collector and

not have access to any water fountain, tap, soap dispenser, cleaning agent or any other materials that might be used to adulterate the specimen.

(5) After voiding, the donor should hand the specimen container directly to the collector.

The specimen should remain within sight of both parties at all times until properly sealed for dispatch to laboratory.

(6) Collector should immediately read and record the urine temperature. Reading should

be taken within 4 minutes of urination. Acceptable range is 33°C-38°C. Should temperature fall outside this range a repeat, witnessed collection is required.

(7) The sample should then be split between two containers, both of which should be

sealed, in the presence of the donor, with tamperproof tape. The serial number of sealing tape should be recorded on chain-of-custody form.

(8) Each specimen should be labelled. The donor should sign and date the sealing tape.

The specimens should not leave the donor's sight until such time as they have been so initialled.

(9) Specimens and accompanying laboratory section of the chain-of-custody form should

be placed together in a biohazard bag and kept in a secure place until transported to the laboratory by laboratory courier or other authorized carrier.

(10) The remaining copy of the chain-of-custody form should be kept at the collection site

or other appropriate site and be retained for the appropriate time.”

PSBA RTI &

PRIV

ACY UNIT


17 DECEMBER 2010 44

APPENDIX C

List of Forms

QP 466 Complaint Against Member of the Police Service

QP 0568 Alcohol and Drug Tests Return

QP 0569 Certificate of Duties Performed

QP 570 Notification of a Positive Alcohol Test Result or Failure/Refusal to Provide Specimen (booklet)

QP 0588 Alcohol and Drug Awareness Unit Record and Continuity of Specimen (Targeted Substance Test)

Form 1 Advice of Details of Medication

PSBA RTI &

PRIV

ACY UNIT

unit privacy rti psba · and harms associated with misuse of alcohol or other licit drugs in the...

Documents