Publication Scheme Y/N Yes Annual Job Related Fitness Test Version 1 Summary

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1 Freedom of Information Act Publication Scheme Protective Marking Not Protectively Marked Publication Scheme Y/N Yes Title Annual Job Related Fitness Test Version 1 Summary The MPS is committed to providing the best possible service to the public. Policing can be physically demanding and officers are often called upon to put themselves in to conflict situations. (B)OCU or Unit, Directorate Strategic HR Author Review Date August 2018 Date Issued October 2014

2 Form 6119A EQUALITY IMPACT ASSESSMENT The Equality Impact Assessment (EIA) Standard Operating Procedure (SOP) must be used when completing this form. Click the link below to view the EIA SOP. Need some help? If you are unsure of any of the questions, click the button which provides key information about each step. You can also contact your Diversity and Citizen Focus Directorate (DCFD) Advisor for guidance and support. FOIA INFORMATION Protective Marking Not Protectively Marked Publication Scheme Yes Title Annual Job Related Fitness Test Branch / OCU Strategic HR Date Created 01/10/2014 Review Date 08/2018 Version 1 Author Matt Simmons STAFF INFORMATION Person Completing EIA Matt Simmons Signed Date Person Supervising EIA/SLT Approval Clare Davies Signed Date Quality Assurance Approval Name Unit Date Once quality assurance approval is granted, please send a copy of the EIA by clicking the button below (This does not apply to corporate policy EIAs which should be submitted via the Policy Coordination Team). To Click Here DECISION MAKING Reject the proposal / policy Yes No Implement the proposal / policy Yes No Produce an alternate proposal / policy (if so, a new EIA must be completed) Yes No SLT (B)OCU / Management Board endorsing decision Name Clare Davies Rank / Grade SPG 2 Please note: The information on this page is retained, it is not published. Make sure you have read and understood the EIA SOP before you start this form. Click the link below to view. This Document is the copyright of MOPAC and my not be reproduced in whole or in part without the express written permission from MOPAC MOPAC 2013

3 EQUALITY IMPACT ASSESSMENT STEPS 1 TO 7 STEP 1. Aims and purpose of the proposal / policy The Metropolitan Police Service (MPS) is committed to providing the best possible service to the public. Policing can be physically demanding and officers are often called upon to put themselves in to conflict situations. It is therefore important that all officers are fit to perform the full duties of their role. To support this principle Winsor recommendation 33 requires Forces to introduce a mandatory annual fitness test for officers required to complete Officer Safety Training (OST). MPS Management Board decided from April 2014 Constables, Sergeants, Inspectors and Chief Inspectors will complete the fitness test as part of their OST training. Superintendents and above will complete the annual fitness test as a stand alone function. In future the fitness test will be introduced for Metropolitan Special Constabulary (MSC). However, the fitness test for Police Staff in front line roles, such as Police Community Support Officers (PCSOs) and Dedicated Detention Officers (DDOs) will not be considered until further guidance from the national Fitness Working Group and the College of Policing is provided. The primary aim of the policy framework is to ensure that fitness testing for serving officers is carried out consistently and is non-discriminatory. About the Annual Job Related Fitness Test (JRFT) - Officers are responsible for ensuring they are fit to undertake their duties and must participate in the annual fitness, or relevant specialist fitness test (unless there is a medical reason why they cannot do so). - The fitness test must be passed annually by all officers (from Constable to Commissioner). - The standard required is for officers to complete a 15-metre shuttle run (bleep test) to the national 5:4 standard. - All officers are required to complete a medical questionnaire before undertaking the fitness test. A detailed toolkit specific to the introduction of the annual fitness test will be available via Policy Pages. Furthermore, the policy framework incorporates the College of Policing (CoP) guidance and this Equality Impact Assessment (EIA) includes input from the national EIA completed by the CoP. STEP 2. Screening process for relevance to diversity and equality issues Each protected characteristic in Section 5 has guidance as to what implications / issues you may need to consider. Internal, relevant External, Not relevant Does this proposal / policy have any relevance to: to staff / or relevant to to either working service practices delivery A Age Yes Yes No B Deaf and disabled / Disability Yes Yes No C Gender Reassignment Yes Yes No D Marriage and Civil Partnership (employment only) Yes Yes No E Pregnancy and Maternity Yes Yes No F Race Yes Yes No G Religion or Belief Yes Yes No Page 2

4 H Sex Yes Yes No I Sexual Orientation Yes Yes No J Other Issues Yes Yes No STEP 3. If you have ticked yes to any protected characteristic box in Step 3, a full impact assessment is required. Full assessment required? (If Yes, a full EIA is required.) Yes No STEP 4. Examination of available information In 2003 the Police Advisory Board of England and Wales (PABEW) expressed concerns about the potential for unlawful discrimination in certain fitness standards operated by forces. They commissioned the Fitness Testing Working Group to make recommendations for: - an interim solution as to the type and level of fitness required at recruitment on the best evidence currently available, based on an assessment of job and competency requirements - how the recruitment fitness test (based on the interim solution above) should be conducted fairly and consistently and what the response should be to those who do not meet the standard - further work that will be needed to assess fully and valildate the required standards and test, establish the type and level of job-and-competence-related fitness required for specialist roles and how to test fairly and effectively for them and establish the possible needs for and forms of on-going support and assessment of the fitness and health of police officers. The PABEW commissioned the Fitness Testing Working Group to develop guidance in this area. By 2011 the Working Group had completed the work identified. In 2012 the Winsor Review recommended that 'a fitness test should be introduced for all police officers and staff required to undertake personal safety training. Participants should be required to attain level 5:4 on a 15-metre shuttle run'. This recommendation was accepted in part by PABEW who agreed that an annual fitness test of 5:4 on a 15-metre shuttle run should be introduced for serving officers who are required to undertake officer safety training. The Fitness Testing Working Group was comprised of representatives of the organisations on PABEW whose members would be interested in and affected by the policy. The working group commissioned an external agency to develop appropriate fitness standards and validate those standards. The external agency developed the job-related fitness test (JRFT) for recruits to the police service in A comprehensive review of the literature relating to functional fitness tests in working environments was undertaken as part of that project. By measuring the 'real time' physiological demands of Officer Safety Training (OST), the agency recommended that level 5:4 on a 15-metre shuttle run was an appropriate level to replicate the demands of OST. Operational officers are required to undertake OST on a regular basis. JRFT standards are objectively set to reflect the physical demands of the role. As the standards are role related, the level recommended is to be the same for both men and women, regardless of age. The JRFT is justified against the requirements of the role of policing in that it is aligned to Officer Safety Training. In essence the JRFT ensures an officer has the necessary physical fitness and functionality to perform all aspects of Officer Safety Training. The JRFT standards must be role related and therefore both men and women must attain the same set level. The JRFT standards are not to be set taking into account age or gender. It is recognised that a fitness test has the potential to discriminate both directly and indirectly. Direct discrimination occurs if someone is treated less favourably because of a protected characteristic. Indirect discrimination occurs if a provision, criterion or practice (in this case the fitness test) puts someone from a protected group at a disadvantage, which is not able to be justified as being a proportionate means of achieving a legitimate aim. Page 3

5 If there is anything you are unsure of in this first section you can visit the Diversity and Citizen Focus Directorate (DCFD) intranet site for further information and advice, or contact one of the DCFD Diversity and Citizen Focus Advisors by clicking below. Page 4

6 STEP 5. Full Impact Assessment Process STEP 5a. Consultation Log Where are the consultation records stored? (e.g. General Registry, S-Drives etc) OG11/14/2 and Shared drive Name of Business Group / Unit, Association, Stakeholder (External) Why are you approaching / not approaching them? Date and method of planned consultation Outcome of consultation National Fitness Working Group Federation and Superintendents Association They are working on guidance for forces nationally and are collating data from all forces They represent the individuals who will be undertaking the fitness test On going meetings On going meetings Advice to MPS and CoP guidance to be provided. Supportive of concept, have highlighted some concerns with regards to consistency, locations and confidentiality. Department of Legal Services (DLS) MPS Implementation Group (including representatives from; Strategic Human Resources (HR), Business Groups, Met Training, Specialist Crime Operations (SCO - OST), Occupational Health (OH), HR Case Management, Physical Training Instructors (PTIs), Property Services Directorate (PSD), Staff Associations Meeting Up Regularly and Interacting (SAMURAI) Finance To ensure legality of proposed approach They are all key stakeholders in the implementation process - bringing together in a group is the best way to keep everyone updated and work through the associated challenges with regards to implementing the fitness test. To ensure the affordability of the approach. Review of policy principles followed by 1:1 dialogue On going - Monthly meetings with some conversations outside of this forum August 2013 June 14 - the above issues have been worked through with all parties supportive of approach. Confirmed legailty of approach. On-going. Pilot launched in April 14, with supporting FAQs on People Pages. With policy framework and further toolkits being developed for launch in Oct-14. Budget identified. Page 5

7 STEP 5b. EIA Action Plan From your consultation activities and available information explain within the appropriate Action Plan template the potential positive and / or negative impact of the proposal / policy, internally on members of your workforce and externally on your communities / service delivery: Age Race Deaf and disabled / Disability Religion or Belief Gender Reassignment Sex Marriage and Civil Partnership (employment only) Sexual Orientation Pregnancy and Maternity Other Issues STEP 5c. Action Plan Template Workforce Impacts (Internal) Potential positive / negative issues / impacts Activity Role Holder Age - potential for older officers to find the fitness test more challenging. Pilot to raise awareness and allow officers to trial before Oct launch. Awareness sessions and training plans available from March. Action By Date Progress/Timescale/ Monitoring Fitness test is the same standard for all because it it replicates the VO2 max of OST Page 6

8 training and as such is a proportionate means of achieving a legitimate aim. See CoP guidance for standards and definition. Deaf / Disability To lower the passmark for older people would result in direct discrimination on younger people. Officers that are restricted from taking OST are not required to take the fitness test. People with medical conditions may not be able to take the fitness test. An alternative test is being developed that will enable officers unable to complete the 15 meter shuttle to undertake on a treadmill. Religion Sex Until an alternative test is available officers with a medical condition that stops them undertaking the shuttle run, wil not take the fitness test. During Ramadan there is the potential for officers that are fasting to find the fitness test more difficult because of dehydration. There are no specific measures in place - the onus is on the officer to either book OST / fitness test outside of Ramadan or in exceptional circumstances highlight to the trainer on the day that they do not feel capable of completing the test. Female officers are less likely to pass the fitness test than male officers (92% pass rate for females compared to 99% for males). The test is proportionate means of achieving a legitimate aim as it it equates to the same VO2 max as OST training. To lower the test pass mark for female officers would discriminate against male officers. Page 7

9 Awareness campaigns, practice tests and training programmes are available and we have launched a pilot 6-month before any disciplinary sanctions apply, to allow for familiarity and preparation. Pregnancy and maternity Female only fitness test sessions are also available. Pregnant officers should not take the fitness test. Officers should not take the fitness test until at least 6-months after giving birth. All officers In the past 12-months if a miscarriage has been experienced in the first trimester the fitness test can be taken if the individual has suffered no physical detriment. For a miscarriage in the second or third trimester, or if a physical problem occurred after a miscarriage in the first trimester OH must provide a fit slip prior to the fitness test being taken. an officer should not take the fitness test until they are declared medically fit to do so. The fitness test should have a positive impact upon raising the basic fitness levels of the workforce. By delivering the test combined with OST abstractions are minimised and post October when sanctions apply there is the potential to increase OST attendance. Page 8

10 STEP 5d. EIA Action Plan Template Service Delivery Impacts (External) Potential positive / negative issues / impacts Activity Role Holder Action By Date Progress/Timescale/ Monitoring Page 9

11 STEP 6. Ensure monitoring and review arrangements are put in place How will the implementation of the proposal / policy be monitored and by whom? The fitness test will be monitored both nationally by the Fitness Working Group / College of Policing - with quarterly data returns and by the MPS implementation Group (monthly). All Public Authorities such as the Metropolitan Police Service (MPS) have to comply with section 149 of the Equality Act 2010 more commonly known as the General Duty. The Duty requires us to: Eliminate discrimination, harassment and victimisation and any other conduct that is prohibited by or under the Act. Advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it. Foster good relations between people who share a relevant protected characteristic and those who do not share it. One of the ways we can demonstrate that we are complying with the General Duty is to document how decisions are reached and resulting activities including monitoring and review arrangements. In the MPS, the way we evidence this is by completing EIAs. What is the timetable for monitoring, with dates? Monitoring will be undertaken on a monthly basis, using HR systems and processes. STEP 7. Public availability of reports / result. What are the arrangements of publishing, where and by whom? The JRFT toolkit will be published on the intranet, the EIA will be published on the MPS publication scheme. This Document is the copyright of MOPAC and my not be reproduced in whole or in part without the express written permission from MOPAC MOPAC 2012 Retention Period: 7 years MP 125/13 Page 10