|
|
|
|
Drug & Alcohol Programme
|
|
The Safety Health & Welfare at Work Act 2005 took effect on 1st September 2005. Section 13 of the Act contains a provision for drugs and alcohol and states that an employee shall while at work:-
Ensure that he or she is not under the influence of an intoxicant (defined as drugs and alcohol) to the extent that he or she is in such a state as to endanger his or her own safety, health or welfare at work or that of any other person.
If reasonably required by his or her employer, submit to any appropriate, reasonable and proportionate tests under the supervision of a registered medical practitioner who is a competent person as may be prescribed.( This section will come into force when regulations are developed which will specify safety critical and high risk work activities)
‘For the purposes of the relevant statutory provisions, ‘‘reasonably practicable’’, in relation to the duties of an employer, means that an employer has exercised all due care by putting in place the necessary protective and preventive measures, having identified the hazards and assessed the risks to safety and health likely to result in accidents or injury to health at the place of work concerned and where the putting in place of any further measures is grossly disproportionate having regard to the unusual, unforeseeable and exceptional nature of any circumstance or occurrence that may result in an accident at work or injury to health at that place of work.’
From the 1st of Sept 2005 Employers may prevent an employee from working if he or she would be a danger to themselves or others due to being under the influence of an intoxicant (defined as drugs or alcohol).
The Health and Safety Authority Programme of Work for 2008 includes the development of proposals relating to intoxicants and medical fitness for duty.
|
|
Publications |
|
In a recent HRD Ireland article Maurice Quinlan outlined what needs to
be in place to ensure compliance with Section 13 of the Safety, Health & Welfare at Work Act 2005
|
|
In another HRD Ireland article A & L Goodbody Solicitors set out how the law applies to
alcohol and drug testing at work.
|
|
EAP Institute is running three seminars "Drugs and Alcohol at Work– Complying with Section 13 of the Safety,
Health and Welfare at Work Act 2005" in early 2009. The seminars are in Waterford, Galway and Dublin.
View Brochure
Book Waterford Thursday 22nd January 2009
Book Galway Thursday 19th February 2009
Book Dublin Thursday 12th March 2009
|
|
|
