Alcohol and drugs – Are your systems good enough?

28 February 2024

Have you got effective systems in place to spot if one of your drivers is under the influence of alcohol or drugs?

The impairments caused by alcohol and drugs can significantly diminish a driver’s ability to react, make sound decisions, and maintain control of their vehicle. Therefore, having robust and effective systems in place to detect whether a driver is under the influence is paramount to ensuring the safety of your drivers and other road users.

An effective way to detect drivers under the influence, is through random testing. Operators can implement this by randomly selecting different drivers each week to undergo a drug and alcohol test before they start driving. This proactive approach not only identifies drivers who are under the influence, but it will also deter drivers from consuming drugs and alcohol through the fear of being tested.

All operators should have a drug and alcohol policy which sets out the preventative procedures in place and the conduct expected of drivers. Drivers should be remined that their conduct as a driver is scrutinised by Traffic Commissioner and they could be called to a driver conduct hearing. Drug and alcohol policies should also cover the operators’ procedures for when a driver is found to be under the influence. This could include instructing the driver not to drive and arranging for a taxi to collect them.

Operators should also have a clear disciplinary policy which details the disciplinary action a driver will face if they are found to be under the influence of alcohol or drugs.

Operators have an obligation to report any criminal convictions of drivers to the Traffic Commissioner. However, if an operator identifies a driver to be under the influence, they may believe that they have a moral obligation to report the driver even if the driver has not been convicted.

Backhouse Jones Solicitors can assist with drafting policies/procedures or advising on disciplinary action against drivers, as well as reporting such instances to the Office of the Traffic Commissioner. For expert guidance on reporting to the OTC, driver conduct hearings, or anything related to your operator’s licence contact the Backhouse Jones’ team here.  We have also produced a short BACK your people podcast on the HR aspects of this which you can find here: https://podcasts.apple.com/gb/podcast/under-the-influence-what-to-do-when-a-driver-turns/id1692007953?i=1000632818669