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breathalyzer test at work

Paige

| 0 Posts

16 May, 2017 11:56

Hi,

I'm hoping someone can provide me with some advice about using a breathalyzer test at work on employees.

We have an employee who is a delivery driver and had an car accident today (the other party's fault)

When the other party phoned up with his insurance details, he said that our driver stunk of alcohol.

This is not the first time we have had a complaint about this specific driver smelling of alcohol, however no management have ever brought it to our attention that they think the driver is under the influence of alcohol.

He does not seem like he is to us, but we can not ignore 3 complaints about the same issue.

Our company policy is that we have a zero alcohol and drugs tolerance policy and anyone found under the influence of either would be subject to disciplinary action as it will be deemed as gross misconduct.

How do we stand with buying a breathalyzer and doing random tests on the drivers to try and eliminate this issue, is it legal?

Or how do I act on the complaint as he said he only drank 2 pints last night and he hasn't drank anything today.

If someone could give me any advise i would be grateful!

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  • Annette

    | 0 Posts

    16 May, 2017 12:10

    Where I worked previously (driving based company) there was a policy of monthly random alcohol tests plus spot tests where there was a suspicion (all covered within the drugs and alcohol policy). No issues in terms of staff compliance (beyond the odd positive test because of mouth wash) and everyone both on the road and in the office was required to should their name come out.

    I wouldn't have thought it would be a difficult thing to implement given that it is (as far as I'm aware) quite common place within the industry.

    You would need to do a full investigation of today's events but I would suspect that without evidence he was under the influence there is no direct action you can take beyond implementing mandatory testing? For me given the number of complaints I would certainly want to make sure he was subject to regular random tests until you are satisfied he is not working under the influence.
  • Johanna

    | 0 Posts

    CIPD Staff

    16 May, 2017 12:15

    Hi Paige thanks for your contribution, I'm sure community members will be along soon to offer up some good advice on this one. Spot checks for drivers using company vehicles under the terms of your insurance agreement maybe? Sounds reasonable... I don't know the legalities however :)
  • David Perry

    | 0 Posts

    16 May, 2017 15:11

    ?? Don;'t the police normally attend RTAs? In which case they'd likely give a breath test at the road side.

    It is perfectly legal to do this, (your own testing), but of course you cannot force people to undergo this, in the same way the police cannot 'force' you. But you can make the employee aware of any consequences of not complying, with what is a reasonable management request.

    Just because you are unable to notice any observable effects of alcohol does not mean their ability to drive or undertake some other task is not impaired. Thats why we have the tests!!
  • Julie

    | 0 Posts

    19 May, 2017 16:30

    Is there any possibility that the driver is diabetic? Changes to blood sugar can sometimes smell like a sweet alcohol on the breath.
  • admin

    | 0 Posts

    25 May, 2017 14:41

    We have breath testing kit as well as drugs tests, although we chose to test only when there was a good cause, which includes after an accident.  This was agreed as part of our policy.  I work for a local authority so a unionised workplace, but the unions and most staff were really supportive.  Happy to share our policy and contacts for equipment.

  • Kirsten

    | 0 Posts

    25 May, 2017 14:42

    In reply to admin:

    I was the anonymous poster above!
  • Steve Bridger

    | 0 Posts

    Community Manager

    25 May, 2017 14:48

    In reply to Kirsten:

    Thanks, Kirsten. We keep 'fixing' that... but it keeps unfixing itself.
  • Paige

    | 0 Posts

    30 May, 2017 10:48

    In reply to Kirsten:

    Hi Kirsten,

    Thanks for your response.

    If you could share your policy so i could have a read that would be really helpful.

    Thanks again!
  • Paige

    | 0 Posts

    30 May, 2017 10:48

    In reply to Julie:

    Hi,

    The driver is not diabetic but thanks for your response!
  • Paige

    | 0 Posts

    30 May, 2017 10:49

    In reply to Annette:

    Thanks for your response Annette,

    I'm looking into implementing a policy reading this.
  • Paige

    | 0 Posts

    30 May, 2017 10:50

    In reply to David Perry:

    Hi David,

    Police no longer attend RTA's unless they are called or it is a serious accident.

    Thank you for your response !
  • Kirsten

    | 0 Posts

    30 May, 2017 10:52

    In reply to Paige:

    You should receive a message from me asking for your email :-)
  • David

    | 0 Posts

    30 May, 2017 11:38

    In reply to Kirsten:

    I Hallo Paige

    I'd suggest that the employer in these circumstances has a very clear duty indeed to investigate further.

    Therefore, if employee when challenged says they only drank two pints many hours before starting driving work, invite them to help prove that on a reliable breath analysing device. Adding that, if they refuse, given that this isn't the first time etc., you'll proceed on basis of  'reasonable belief' of their driving whilst unfit.

    There may indeed be other reasons why this particular thing happens, but think it's entirely correct thoroughly to investigate further.

  • Laura

    | 0 Posts

    30 May, 2017 12:44

    Hi Paige

    I work in a manufacturing business and we had similar concerns. We have onsite breathalyzers but we also invested in training our line managers on how to spot and test for impairment to carry out their role.

    We used TTC and the feedback from all parties has been good. We've yet to use the breathalyzers.

    L