As it’s illegal to drive any vehicle under the influence of drugs or alcohol, your fleet should have a zero-tolerance policy to drink and drug driving.
But this issue may not be as clear cut as you think. What should your approach be to drivers who take medication with potentially unsafe side effects, for example? And what about drivers with prior convictions for drink or drug driving, who no longer have any dependency issues?
In this post we’ll discuss some key considerations for your fleet drink and drug driving policy. For more information on how we can help you and your fleet, get in touch with us on 020 8290 9099 or email us at commercial.motor@anthonyjones.com.
Your Duty of Care to Keep Your Drivers Drink and Drug Free
You have a legal duty to ensure that your drivers are fit to operate their vehicles. As part of this duty of care, you should periodically screen your drivers for drink or drug issues.
The relevant legislation include The Management of Health and Safety at Work Act 1999 and Use of Work Equipment Regulations 1998.
Drink and Drug Screening For Fleet Drivers
Although you have a duty of care to ensure your drivers can safely operate their vehicles, there is no legal requirement for you to test your drivers for alcohol or illicit drugs. As a result, fleets tend to take their own approach to drink and drug screening.
Drink and Drug Testing at Recruitment
Most will perform drink and drug tests as part of the recruitment process. But as for ongoing testing, it’s entirely up to you.
HGV Licence Tests for Drink & Drug Abuse
All drivers will have to complete certain medical tests when they renew their HGV licences. As part of these tests, doctors will look for any signs of drink or drug abuse or dependency. Some fleets will therefore take it as a given that, if a driver holds a current HGV licence, then they will not have any issues with drugs or alcohol.
Random Drug and Alcohol Testing
Some fleets will conduct random drug and alcohol tests throughout the year. This will keep your drivers on their toes, and hammer home your zero-tolerance policy. But you may face some pushback from certain drivers who find random testing intrusive, or even insulting.
Drug & Alcohol Testing After Accidents
Finally, some fleets choose to perform tests for drugs or alcohol following accidents. If a driver’s found to have been under the influence while operating their vehicle, you may choose to review your drink and drug policies to help prevent further incidents.
Should You Hire Drivers With Prior Drink & Drug Driving Convictions?
Should you hire drivers with past convictions? Many fleet managers would rather not take the risk. But a prior conviction does not necessarily mean that a driver will offend again.
When recruiting new drivers, look for the following convictions on their record:
- DR10 – This is a drink driving conviction. It means that the driver was caught operating a vehicle while over the legal limit of alcohol.
- DR20 – This means that the police decided that, following a test, it was not safe for the driver to operate their vehicle, even if they were within the legal limits for alcohol in their system.
- DR30 – This means that the police pulled the driver over on suspicion of drink or drug driving, but the driver refused to submit to a test without a reasonable excuse.
Each conviction may carry different implications concerning the driver’s use of drinks or drugs. You’ll also have to consider how recent these convictions are. Will a driver with a DR20 on their record from years ago really cause you any trouble?
Maybe you’ll decide it’s simply not worth the risk to employ any drivers with any prior convictions. But if you do, you may choose to carry out more regular drink or drug tests as a condition of employment.
How to Assess Drivers Who Are On Medication?
Finally, it’s not just illicit drugs that can affect a driver’s ability to operate their vehicle. Legal medication can also carry potentially hazardous side effects, whether it’s an over-the-counter painkiller or a prescription.
The HSE suggests you take the following approach to managing potentially harmful side effects from medication:
- Stipulate that all employees that operate vehicles as part of their work should talk to their GP or pharmacist about any medication, whether it’s prescription or over-the-counter, and whether they’re taking it for the first time or they’ve been taking it for a while.
- The employee should specifically ask about any potential side effects. And if the GP or pharmacist mentions anything that could affect their driving, they should share this information with you.
- You can then decide whether the employee should stop driving until you’ve established the nature and the extent of any potential side effects.
Specialist Fleet Risk Management From Anthony Jones
John Donaghy, Senior Manager, Commercial Motor and Fleet Risks says:
“If a driver’s involved in an accident, and they’re found to have been under the influence of drinks or drugs, then you may be liable for certain damages – unless you can evidence your fleet’s drink and drug driving policy.
“There are other benefits to evidencing your policy. For example, it may demonstrate to your insurer that you are committed to road safety, which may lead to lower premiums for your commercial fleet insurance.
“At Anthony Jones, we’re always happy to discuss strategic risk management with fleet managers. We’ll show you how you can get the best for your fleet, and we’ll help you access the specialist cover you need at a competitive price.”
For more information on how we can help you and your fleet, get in touch with us on 020 8290 9099 or email us at commercial.motor@anthonyjones.com.
