By Sharon Haynes, director - police and court referred at TTC

Earlier this year we conducted a survey of motorists which revealed that one in four didn’t know what the UK’s legal drink drive limit is.

One in three didn’t know a prison sentence is possible even for a first offence and half falsely believed a conviction is removed from your licence after six years – it can remain on the licence for up to 11 years.

The National Police Chiefs Council (NPCC) conducted a coordinated drink and drugs testing campaign in December last year which saw more than 56,000 drink and drug tests conducted. Of the 49,812 breath tests for drink, 9.5% were positive, refused or failed. That is slightly down on the 10.2% from a year earlier.

It’s not just alcohol misuse which is a continued concern for employers. Of the 6,848 drug screening device tests, a staggering 48.5% were positive.(source: Op Limit 2023 results.pdf).

More education is needed to ensure drivers are fully aware of the legal implications of drug and drink misuse before they get behind the wheel of a vehicle, but it’s not just drivers who need to take responsibility – employers have a duty of care too.

As an employer, the cost to a business of drug and alcohol misuse in terms of absenteeism, lost productivity and lost output can be huge.  However, the consequences are even more dire if an employee who drives for work – including a grey fleet driver – has an accident when over the drink drive or drug consumption limit.

So how can businesses meet their duty of care requirements to ensure drivers are fit to perform their duties, doing their utmost to recognise and effectively manage drug and alcohol misuse?

Engagement is key

Allowing a member of staff on the road with drugs or illegal quantities of alcohol in their system means they could be held responsible for any accidents they cause.

So, for companies that require employees to drive as part of their job, whether that’s in their own car or a fleet vehicle, a drug and alcohol policy is integral to ensure fleet compliance. Just having a policy is not enough however, taking a proactive approach towards implementation is vital. 

By engaging staff in the company policy on drink and drug misuse at work from the get-go, fleet managers and businesses can train staff with an understanding of the potential consequences of drug or alcohol abuse, to themselves and the company.

While a compassionate culture is fundamental to success and long-term tackling of a misuse issue, the short-term impact of a drink or drug user can have a devastating effect on the business as well as the individual.

If an employer knowingly allowed an employee who was under the influence of alcohol or drugs to continue working and this placed the employee or others at risk, the employer could be liable to charges.

How to monitor drivers?

Generally public transport fleets are the only ones regularly testing to see if an employee is intoxicated.

Unless specified in their contract, such testing could impinge their privacy and human rights – highlighting the importance of introducing effective policies from the outset.

 With or without testing included within employment contracts, businesses should not be afraid to ask questions of an employee and tackle it head-on if they suspect they may be under the influence or developing a drink or drug misuse issue.

Conducting accurate driving licence checks will help to identify the highest risk drivers and flag up when penalty points are added to employee licences.

Impact on a business

For a business reliant on its employees driving, a driving ban of a year or more will have a serious impact on productivity and profitability and may mean the employer has to recruit replacement drivers.  

The individual themselves may miss out on earnings or even lose their job, depending on the terms and conditions of their employment. 

Businesses who implement a proactive drink and drug at work policy and who engage and educate their drivers on that policy from day one, are likely to be the most successful in eradicating the problem from their workplace.