DISTRIBUTION
One for the road is one too many
  Common sense would make most people consider the consumption of alcohol or drugs while driving any vehicle, let alone a multi-ton HGV, to be incredibly stupid behaviour. But it happens. And it happens far too much. There are many reasons why drivers drink alcohol or take drugs while driving; escaping the monotony of long, slow hours of hundreds of motorway miles being the main reason.
This is a risk that employers of HGV drivers have known for decades but have only recently implemented the necessary control strategy for tackling the problem. Alcohol and drugs testing is becoming commonplace within the distribution and logistics sector with almost all the main companies implementing random and for-cause screening.
MANAGEMENT OF HEALTH AND SAFETY AT WORK REGS 1992
The regulations impose a duty on all employers to carry out a formal assessment of risks so as to identify any protective measures necessary. Where there are five or more employees this assessment must be in writing. In addition, there must be arrangements for the effective planning, control, monitoring and review of preventative and protective measures required. Again, these regulations are widely drawn and may include an employee who is under the influence of drugs or alcohol at work since this could be seen as a risk to other employee's health and safety. If appropriate steps are not taken to deal with the risk for example implementation of an effective drugs policy an offence could be committed.
Drug related dismissals are currently more likely to be treated as a conduct issue. This may be due to the fact that most incidents involve cannabis, which is not generally considered to be 'addictive'. An employer who has disciplinary rules regarding drug taking at work is in a much better position when justifying dismissals. The effect of the rule is to act as a substitute warning as long as the rule has been properly communicated and the effect of the consequences made clear.
Loss of Driving License
Loss of a driving license may be a potentially fair reason to dismiss if the employee is required to drive as part of their duties. It is far easier to establish a fair reason in such cases where the employer has stated in the contract that driving is an essential part of the job and that employment is conditional on the employee having a license. The employer must still consider whether the employee can reasonably carry out his or her duties in some way, for example by use of a non-disqualified driver or use of public transport.
If employers can't manage the problem, the Police will
In August 2009 an HGV driver was jailed at Sevenoaks Magistrates' Court and given a three-year driving ban after police discovered he was more than four times over the legal drink-drive limit.
The court heard that on 17 August, the 29-year old driver was found slumped over the wheel of his lorry on the M20 in Farningham with an empty bottle of scotch whiskey and an empty bottle of vodka found in his cab. Police were alerted to the problem when they saw his truck had stopped on the motorway. A breathalyser test showed he had 163mg of alcohol in 100ml of breath. The legal limit is 35mg. The driver was jailed for 180 days and banned from driving for three years.
Change for the better
Maybe the sign of things to come is clear. The Road Traffic Bill 2009 has just been published in Ireland, which provides for a reduced blood alcohol concentration (BAC)for professional drivers and mandatory testing of drivers involved in collisions. The new proposed blood alcohol concentration levels contained in this Bill are:
 Reduction from 80mg of alcohol (per 100 ml of blood) to 20 mg for learner, novice and professional drivers
Reduction from 80mg of alcohol (per 100 ml of blood) to 50 mg for other drivers
The aim of this Bill is to improve road safety, save lives and reduce serious injuries on the roads. 279 people were killed on the roads in Ireland last year. Many more were killed in the UK. Intoxicated driving is one of the main causes of fatalities and injuries on our roads and that is not acceptable. The research in this area is conclusive and irrefutable. Reducing the BAC from its current limit of 80mgs has a proved beneficial. It will save lives and reduce serious injuries. It's the right thing to do.
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Noviche
08715 262424
