breathalyzer test at work

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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  • ?? 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!!
  • Hi David,

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

    Thank you for your response !
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