Fitness Testing - the South Wales Police Federation

POLICE ADVISORY BOARD FOR ENGLAND & WALESJob Related Fitness Tests for the Police Service of England and WalesWinsor Recommendation 33Implementation – Interim GuidanceJuly 2013ContentsPage1. Introduction 22. Police Staff testing 23. Health and Safety Compliance 24. JRFT Standards 25. Equality and Diversity 46. Delivery 57. Data Collection 5Tables1. Specialist Post JRFT Endurance and Strength Standards 3Appendices1. Home Office Circular 43/2004 62. JRFT Risk Assessment 73. Equality Impact Assessment 124. Occupational Health Screening Questionnaire 165. Health Declaration 17POTENTIAL FOR LEGAL CHALLENGEThis Guidance has been produced by the PABEW Fitness Working Group to support theassessment and validation process of the introduction of the Job Related Fitness Test for servingpolice officers. Police Forces that implement these standards will be able to cite them as beingassessed as reasonable and appropriate under the Equality Act and the Health and Safety atWork Act. Any derogation from these standards carries a risk of legal challenge from an officerdisadvantaged by the implementation of a higher or a lower standard, any additional standards ora different method of assessment than those recommended in this Guidance.3

1. IntroductionThe Home Secretary accepted the recommendation of the Police Advisory Board of England andWales (PABEW) to introduce, in part, the recommendation made in Winsor (Part II) for annualfitness testing of serving police officers.The initial recommendation (33) to implement fitness testing made by the Winsor Review (Part II)report was that “A fitness test should be introduced in September 2013 for all police officers andstaff required to undertake personal safety training. Participants should be required to attain level5:4 on a 15-metre shuttle run. From September 2014, those who fail the test three times shouldbe subject to the appropriate disciplinary procedures”.The PABEW re-considered the part of the recommendation that officers who fail the test on threeoccasions should be subject to appropriate discipline procedures. They recommended instead thatsupportive action should be provided by Forces to officers who fail the test through the Forceperformance procedures.It should be noted that whilst the Winsor Review made other recommendations linked to in-servicefitness testing, these are still the subject of on-going negotiations.The Home Secretary accepted the Winsor recommendation 33 subject to these caveats proposedby the PABEW. The PABEW tasked the National Fitness Working Group with the development ofguidance for Forces in the implementation of annual fitness testing in the short term, and theassessment of the likely impact of the tests in the longer term.This guidance sets out how Forces should implement the new arrangements and enable theFitness Working Group to make longer term recommendations to ensure that the fitness tests donot unlawfully discriminate against officers because of their disability, gender or age. The Groupswork seeks also to reduce the risk of a legislative breach of the law relating to health and safetyand subsequent challenge because of injury or illness suffered by an officer; and allows themaximisation of resources available to deliver operational policing.It is important that appropriate interpretation is made to this template to reflect the differingmanagement and organisational structures throughout Police Services in England and Wales.2. Fitness Testing - Police StaffNo decision has been made with respect to fitness testing for Police Staff; Winsorrecommendation 33 as relates to these employees remains outstanding. It is anticipated that thePAB Fitness Testing Working Group will now address this.3. Health and Safety ComplianceThe information within this document will assist Police Services with compliance of the JobRelated Fitness Test standards to the Health and Safety at Work Act (HSWA) 1974 and the Police(Health and Safety) Act 1997. This document complies with the Health and Safety Executive(HSE) guidance on the effective management of health and safety in the workplace - HSG65.4. Job Related Fitness Test (JRFT) StandardsTable 1: Recommended Winsor Recommendation (33) Job Related Fitness Test Standard:4

The Job Related Fitness Test is purely one measuring endurance and is based on scientificresearch to match the physical demands of officer safety training. It is this basis that gives the testlegitimacy and on which we can justify its relevance. The standard of the JRFT is the same as thestandard for recruitment of officers.CandidateRecommended Endurance Standard(Level : Shuttle)Police Officer 5 : 4*Note – the upper body strength test is not included within these standards4.1 In-service JRFT – IntroductionIn order to facilitate the implementation of the JRFT for in-service fitness testing, the PABEW hasaccepted that in the first year (from September 2013 to September 2014) there should be nosanction applied to those officers who fail the fitness test or for those who are unable totake it because of a medical reason. The reason provided should be assessed by the ForceOccupational Health provider.It is important that there is diversity monitoring in Force of those officers who pass, fail or areunable to take the test, and that this is provided to the Fitness Working Group for a nationalassessment of adverse impact. This will also enable the Fitness Working Group to assess thefuture requirements, including to establish whether an appropriate alternative test should bedeveloped, in line with Winsor’s recommendation.Some forces have already implemented alternative tests and it is important to highlight that thisapproach may face certain risks. The 5.4 shuttle run testing can be justified as equivalent to thelevels of aerobic activity reached in Personal Safety Training (defined in terms of VO 2 maxuptake). The risk with an alternative is that it may not be adequately validated against nationalstandards and could have an adverse impact on officers from some of the protected groups whichForces may not be able to justify if challenged. The National Fitness Testing Working Group hascommenced work to establish the need for an alternative test and if one is required, what that testshould be. Forces will be updated once the Fitness Testing Working Group has finalisedconsultation on a validated alternative.4.2 JRFT Standards – Application NoteThe Fitness Working Group proposes that this pass standard is implemented as a pre-selectionprocess for Police Officers undertaking Officer Safety Training and is subject to a retesting regimeonce a year. All officers tested should wear appropriate physical training clothing and footwear,not operational police uniform and/or equipment.It is advised that the testing is undertaken in an indoor facility with suitable flooring and floormarkings. It is important to ensure that the recording of the 15 metre multi-stage fitness test canbe heard clearly from all parts of the facility where the testing is being undertaken. The suitabilityof the facility must be addressed within the risk assessment.The National Fitness Testing Working Group recognises that some forces have moved away fromannual officer safety training and in these forces the force should consider how the objectivebehind this policy can best be achieved.4.3 JRFT Familiarisation5

It is important that Forces complete the monitoring form accompanying this guidance so that theFitness Working Group can complete a proper evaluation of equality impact at regular intervalsduring the first year of implementation. The Fitness Working Group will make recommendations asto whether the process needs to be amended based on the outcome of the full equality impactassessment.6. DeliveryIt is accepted that the training structure and facilities within each Police Service will dictate how atesting regime is delivered and at what cost.6.1 Health and SafetyA specific risk assessment for the Job Related Fitness Test must be completed in line with theHealth and Safety Executive’s ‘5 step risk assessment’ template by a suitably experienced person.It is advised that the risk assessment is reviewed by a designated Health and SafetyAdviser/Officer periodically or in the eventuality of significant injury/illness to a participant or if anorganisational re-structure effects JRFT delivery. An example (only) of an appropriate riskassessment is shown at appendix 2; other consideration to your own Police Service may beneeded to add or influence the scoring or content of such a risk assessment.6.2 StaffingForces must be satisfied that staff members delivering the JRFT test are competent to do so andmust be First Aid certified; the qualification/certification must be recorded within the riskassessment.6.3 Medical ScreeningAll candidates should complete a medical screening questionnaire prior to undertaking the JRFT(an example screening questionnaire is attached at appendix 4). The screening questionnairemust be part of the risk assessment and approved by an Occupational Health specialist. It isadvised that the medical screening questionnaire is reviewed by a designated Occupational HealthSpecialist periodically or in the eventuality of significant injury/illness to a participant. It issuggested the Occupational Health sanctioned screening questionnaire is completed as part of thepre-join instructions, which will identify the requirement for a referral to a specialist for furtherassessment and determination of suitability for the individual to participate in the JRFT. On the dayof the test, it is advised a further ‘Health Declaration’ (appendix 5) should be completed byparticipants confirming that there has been no change in their personal circumstance in anyintervening period. This process is already in place in many forces with regard to Officer SafetyTraining.7. Data CollectionIt is important at this early stage to audit the numbers of passes and failures and understand howspecific groups of individuals (i.e. age and gender) are performing. Each force is required tocollect results from their testing regime on the data collection excel document provided by theHome Office. The Home Office will request the results on a date to be notified..7

APPENDIX1Home Office Circular 43/2004 (relevant section)Test elements and standardsThe test administrator must ensure that all candidates are sufficiently warmed up for the test. Thisshould involve some whole body activity such as jogging followed by appropriate stretchingexercises, particularly of the leg muscles. It would be useful to familiarise candidates with the testby taking them to level 3 as part of the warm up followed by basic mobility stretching activities.Page 2, Paragraph 48

*Persons atriskSeverity ofHazardLikelihoodof RiskAPPENDIX2JRFT (5:4) - RISK ASSESSMENTRisk to the participants undertaking JRFTActivity/Task Assessed: Name of Assessor: Assessment No: Type of assessmentSpecificDate Implemented: Date of last assessment: Review date:NoActivity/WorkplaceHazardsOverallRiskLevelH,M,LControl Measures/CommentsRevisedRiskLevelFurtheractionrequired?(Y/N)1 Pre-JRFT(Screeningand pretest)a. Seriousillness orfatalityP, PS 5 2 10 (M) Implement PositiveAction/Familiarisation oftesting regime throughoutall potential participants. Informed consent andhealth screeningquestionnaire to becompleted prior to theJRFT. Questionnaire to bereviewed by appropriateperson. DO NOT TEST any staffidentifying medicalproblems on thequestionnaire. Occupational Healthreferral for any potentialproblems identified withinthe questionnaire.*Persons at risk include participant (P), Instructor (I), Police Service (PS)5 (L)9

Risk Estimator MatrixSeverityLikelihoodNo InjuryFirst AidInjuryLost Time(Over 3 Days)Major Injury orDisablingDiseaseImprobable 1 2 3 4 5DeathRemote 2 4 6 8 10Possible 3 6 9 12 15Probable 4 8 12 16 20Very likely tooccur5 10 15 20 25WARNING – HEALTH & SAFETYIt is advised that all officers undertaking the standards are not run beyond the endurancepass standards outlined in Table 1 (page 2).13

Equality Impact AssessmentAPPENDIX 3Title of policy: Initial implementation of in-service fitness tests2013Date: 7 June1: Identify the aims and purpose of the policyThis should identify “the legitimate aim” of the policy (there may be more than one)To ensure that fitness testing for serving police officers are carried out consistentlyacross forces and are non-discriminatory.2: Identify the individuals and organisations likely to have an interest in, or beaffected by the policy.This should identify the persons/organisations who may need to be consulted aboutthe policy or procedure and its outcomes (There may be more than one)On 2003 the Police Advisory Board of England and Wales (PABEW) expressedconcerns about the potential for unlawful discrimination in t certain fitness standardsoperated by Forces. They commissioned a Fitness Working Group to makerecommendations for:1. an interim solution as to the type and level of fitness required at recruitmenton the best evidence currently available, based on an assessment of job andcompetency requirements;2. how the recruitment fitness test (based on the interim solution at bullet point 1above) should be conducted fairly and consistently and what the responseshould be to those who do not meet the standard;3. further work (with timetable to progress) that will be needed to (a) assess fully,and validate, the required standards and test, (b) establish the type and levelof job- and competence-related fitness required for specialist roles and how totest fairly and effectively for them, and (c) establish the possible needs for,and forms of, on-going support and assessment of the fitness and health ofpolice officers.The PABEW commissioned a Fitness Working Group to develop guidance in thisarea. By 2011 the Fitness Working Group had completed work identified at items 1,2, 3(a) and 3(b).In 2012 the Winsor Review of Police Officer and staff remuneration and conditionsrecommended:a fitness test should be introduced in September 2013 for all police officersand staff required to undertaken personal safety training. Participants shouldbe required to attain level 5:4 on a 15-metre shuttle run.This recommendation was accepted in part by the PABEW who agreed that anannual fitness test of 5.4 on a 15 metre shuttle run should be introduced for servingRepresent · Influence · Negotiate

officers who are required to undertake officer safety training (OST). Theirrecommendation was accepted by the Home Secretary. The PABEW commissionedthe Fitness Working Group to develop this proposal for implementation.3. ConsultationWho was consulted and how? (This should include reference to people andorganisations identified in section 2 above)The Working Group was made up of representatives of the organisations on PABEWwhose members would be interested in and affected by the policy.The Working Group commissioned an external agency, Lilleshall ConsultancyServices, to develop appropriate fitness standards and to validate those standards.4: ResearchSummarise the findings of any research you have considered regarding this policy.This could include quantitative data and qualitative information; anything you haveobtained from other sourcesLilleshall Consultancy Services developed the Job Related Fitness Test (JRFT) forrecruits to the Police Service in 2004. A comprehensive review of the literaturerelating to functional fitness tests in working environments was undertaken as part ofthat project. By measuring the “real time” physiological demands of Officer SafetyTraining (OST) Lilleshall Consultancy Services recommended that level 5.4 on a 15metre shuttle run was an appropriate level to replicate the demands of OST.Operational officers are required to undertake OST on a regular basis.The Working Group reviewed the equality legislation and case law in this area. Theyidentified that there was the potential for unlawful sex and age discrimination tooccur in the application of in-service fitness testing.A test that is part of a selection process for a job comes under the requirements ofthe employment provisions of the equality legislation. A fitness test has the potentialto discriminate unlawfully both directly and indirectly. Direct discrimination occurs ifsomeone is treated less favourably because of a protected characteristic. Indirectdiscrimination occurs if a provision criterion or practice (in this case, the fitness test)puts someone from a protected group at a disadvantage, and which is unable to bejustified as being a proportionate means of achieving a legitimate aim.1. Sex DiscriminationA lower pass mark for women than for men would result in unlawful directdiscrimination against men who are denied a job if they passed the women’s passmark, but not the man’s; see Allcock v Hampshire Constabulary. Direct sexdiscrimination cannot be justified in law. A fitness test which has the same pass markfor men and women but which fewer women than men are able to pass, couldindirectly discriminate against women if it does not accurately reflect therequirements of the role; see Dougan v RUC and Bamber v GMP.2. Age DiscriminationA lower pass mark for older people would result in direct discrimination againstyounger people denied a job if they passed the older person’s pass mark, but not theRepresent · Influence · Negotiate

one for younger people. Unlike direct sex discrimination, direct age discriminationmay be justified in law. A higher standard for younger people would therefore have tobe justified if it is a proportionate means of achieving a legitimate aim.A fitness test which has the same pass mark for all age groups but which fewer olderpeople can pass, could indirectly discriminate against older people if it does notaccurately reflect the requirements of the role; see Bamber v GMP.3. Disability DiscriminationThe Equality Act requires that reasonable adjustments are made for disabled peoplein employment if a provision, criterion or practice (such as a fitness test) puts them ata substantial disadvantage when compared to non-disabled people.The Winsor Review policy equality statement recognised that “Forces should takecare to treat appropriately those who are assessed as unable to pass the testbecause of a health condition or problem. It could be as a result of a disability underthe Equality Act 2010”. The Review postulated that “officers and staff with a hearingimpairment, or another medical reason which would prevent them from running theshuttle run test, would need to have an appropriate alternative provided ... Thosewho are unable to take the test for reasons of illness, injury or disability would alsobe referred to occupational health departments for advice and assistance or furtheraction”.5. MonitoringSummarise the findings of any monitoring data you have considered regarding thispolicy. This could include data which shows whether the policy is having the desiredoutcomes and also its impact on members of different equality groups.The Working Group was mindful of the data presented in the Winsor Review fromHampshire Constabulary where an in-service fitness test had been operatedbetween June 2010 and July 2011. This showed disproportionate impact on thegrounds of age and sex. Whilst 20% of eligible officers did not attend the test, 97% ofthose who took the test passed. However 0.6% of male officers failed the testcompared with 5.3% of females. The average age of females who failed the test was42, whilst their average age overall was 35. The average age of males who failed thetest was 47, whilst their average age was 38 years.The Working Group were also mindful of the disproportionate impact because of sexand age identified in the validation of the JRFT for recruits and for specialist posts;see relevant EIAs6. ConclusionsTaking into account the results of the monitoring, research and consultation, set outhow the policy impacts or could impact on people from the following protectedgroups? (Include positive and/or negative impacts)Represent · Influence · Negotiate

6.1 AgeThere is likely to be an adverse impact on older officers.6.2 DisabilityThere is likely to be adverse impact on officers with certain disabilities.6.3 GenderThere is likely to be adverse impact on women officers.No adverse impact is anticipated because of gender re-assignment.6.4 RaceNo difference in impact is anticipated.6.5 Religion or BeliefNo difference in impact anticipated6.6 Sexual OrientationNo difference in impact anticipated7. DecisionsIf the policy will have a negative impact on members of one or more of the protectedgroups, explain how the policy will change or why it is to continue in the same way.If no changes are proposed, the policy needs to be objectively justified as being anappropriate and necessary means of achieving the legitimate aim set out in 1above___________________________________________________________________The Fitness Working Group has proposed that the first year of implementation ismonitored for disproportionate impact because of age, sex and disability. The resultswill be analysed by the Fitness Working Group and, if necessary and if appropriate,changes will be proposed to the College of Policing that reduce or remove anyunjustifiable adverse impact.Represent · Influence · Negotiate

JOB RELATED FITNESS TEST (JRFT) - MEDICAL QUESTIONNAIREAPPENDIX 4Name ……………………………………………………………………………Date ………………………………………Work Location …………………. Contact telephone No: …………………….... Warrant/Pay………………………………The purpose of this questionnaire is to ensure that your health is not placed at risk when you perform the JRFT. Thequestionnaire is intended to screen for pregnancy and cardiovascular disease risk factors.If no positive answers are given to any questions from 1 to 8 you may take the JRFT. Please pass your completedquestionnaire to the PT staff administering the JRFT. If a positive answer is given to question 1 you cannot take the JRFT.If a positive answer is given to question 2 your blood pressure will have to be measured within three days of your JRFT andif the reading is high (systolic >160 and/or diastolic >100) you will not be able to take the JRFT. Your BP can be measuredby your GP or a qualified nurse. A date, signature and name must be provided in the appropriate area. Your BP can also bemeasured on the day of the test by one of the PT staff. Please contact the PT staff prior to your JRFT if you anticipate youwill need a BP test on the day of your JRFT.If a positive answer is given to any questions from 3 to 8, again you will not be able to take the JRFT.If a positive answer is given to any of questions 3 to 7, go to question 8. Answer NO, if you personally or a close relativehave had no diabetic or cardiac event in the past 12 months, and you have taken the JRFT within the same period. If a NOis given to Q8 you CAN take the JRFT.If a positive answer is given to questions 3 to 8 on the day of your JRFT, or if prior to attending your JRFT, you feel apositive answer will be given to a question, which may prevent you taking the test, please contact the PT staff.Please tick Yes No1. Are you pregnant or have you given birth within 7 months of today’s date?2. Are you currently taking medication for high blood pressure?Blood Pressure Measurement Recorded…… / ……Date;…………………… Sig;……………………………………. Name;………………………………..3. Do you suffer from diabetes?4. To the best of your knowledge have you ever suffered fromany of the conditions listed below?Heart attack or heart disease?Cardiomyopathy (enlargement of the heart)?Myocarditis or pericarditis (inflammation of the heart)?A heart murmur or heart valve problem?5. Have you ever attended your GP or a specialist complainingof chest pain?6. Are you currently having investigations or treatment for aheart problem?7. Has any close relative e.g. father, mother, brother or sisterhad a heart attack at a young age (e.g. between 35 and 60)?Complete Q8 if you have previously given a ‘Yes’ to any of Questions 3 to 7 and taken the JRFTwithin the last 12 months. If you answer NO to question 8 you can take the JRFT.8. In the past 12 months have you experienced a diabetic or cardiac eventand or has a close relative experienced a cardiac related incident?Signature …………………………………………………………………………………………………………Represent · Influence · Negotiate

Health DeclarationJRFT HEALTH DECLARATION.APPENDIX 5I am at present undergoing treatment / taking medication under the direction of amedical practitioner (including physiotherapy). I have the following injury / condition.(Enter details in comment box below or strike through as appropriate).Comments:I understand that failure to disclose any existing medical or physiological conditionmay affect any future claim for loss or injury as a result of this training or undertakingthe Job Related FitnessTest.Date: ...............................................................................Signed: ............................................................................Print Name: .....................................................................Warrant / Employee No.: ................................................Trainers Comments (confirm with individual if they have undertaken a OH assessmentconcerning their suitability to undertake JRFT, and if any of the conditions have arisensubsequent to that assessment):This form may be forwarded to Occupational Health if requiredRepresent · Influence · Negotiate