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breathalyzer test at work

Paige

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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  • in reply to Paige
    You should receive a message from me asking for your email :-)
  • 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.