TRANSPORTATION
Testing the Drivers
  In the US, a new analysis shows that rules requiring bus drivers to submit to alcohol testing has cut the number of deadly drunk driving accidents by about one quarter since 1995. The program involves both random and post accident testing where any driver involved in a fatal crash or cited for a moving violation arising in a crash or injury is automatically tested. The alcohol test must be conducted within 8 hours and the controlled substances test must be conducted within 32 hours of the crash.
Although still some way behind, the UK bus and coach operators seem to be taking a similar risk control approach with more and more companies now testing their staff regularly on a random and for-cause basis.
TRANSPORT, DRUGS AND THE LAW
Employers have a number of statutory duties and responsibilities towards their employees and the public. Clearly, these duties have to be taken very seriously.
 The Misuse Of Drugs Act 1971
The principal legislation in the UK for controlling the misuse of drugs ids the Misuse of Drugs Act 1971. Nearly all drugs with misuse and/or dependence liability are covered by it. The Act makes the production, supply and possession of these controlled drugs unlawful except in certain specified circumstances (for example, when prescribed by a doctor.) If you knowingly permit the production or supply of any controlled drugs, the smoking of cannabis or certain other activities to take place on your premises you could be committing an offence.
The Transport And Works Act 1992
The fact that the driver had smoked cannabis was sited as a factor in the Cannon Street rail crash in 1991. The 1992 Transport and Works Act makes it an offence to knowingly allow certain workers to work on railways, tramways, and other transport systems when unfit through drugs or drink.
The employer may have a defence if they can show that they have carried out all due diligence in trying to prevent such an offence. Clearly therefore, an effective drugs policy which has been properly implemented may be helpful in establishing such a defence.
The Road Traffic Act 1988
The Act states that any person who, when driving or attempting to drive a motor vehicle on a road or other public place, is unfit to drive through drugs or drink shall be guilty of an offence. An offence is committed if a person unfit through drugs or drink is in charge of a motor vehicle in the same circumstances.
The Health And Safety At Work Act 1974
Employers have a general duty under this Act to ensure so far as reasonably possible the health, safety and welfare at work of all employees. Breach of this carries a maximum fine and summary conviction of £20,000.00.
WHO HOLDS THE DUTY OF CARE?
In addition, an employer has a common law duty to ensure the health and safety of employees, which is implied into every contract of employment. The duty is to take reasonable care so as to avoid injuries, diseases and death occurring at work and to:
Provide a safe place of work
Provide and maintain safe appliances and equipment
Provide and maintain a safe system for doing work
Provide a competent and safety conscience personnel
These duties are extremely wide ranging and can clearly cover a situation where an employee is misusing drugs since there are clear risks to fellow employees in such circumstances.
A breach of these duties could lead to employees or third parties bringing claims for damages if injured as a result.
ALCOHOL AND PUBLIC SAFETY DO NOT MIX
An article in the Yorkshire Post described how an alcoholic bus driver died on duty after crashing into a garden wall and hurled through the vehicle's front window. The bus driver was four-and-a-half times over the legal drink-drive limit and had driven the bus for four miles with a passenger on board before losing control in heavy rain. The bus hit a lamppost and crashed into a 6ft stone wall. The inquest heard how colleagues who saw the driver when he arrived for work at 6.25am said he appeared normal and did not smell of alcohol. The point to note here is that people who consume large amounts of alcohol regularly can (and often do) perform work tasks with levels of intake that normal people cannot.
The pathologist told how it was likely that the driver had consumed half a bottle of spirits before he crashed the bus just before 7am. He said: "The amount of alcohol he had at the time of the collision is really quite staggering. "I have been practising pathology for 30 years. This has totally bewildered me. I have never encountered a blood-alcohol level in a road traffic accident anything approaching this." |
Noviche
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