All Drivers of Company Vehicles may be Tested for Illegal Drugs
New measures to test all drivers, including those who drive company vehicles, are included in the Road Traffic Bill 2015. New laws will be introduced to prosecute all drivers who drive after taking illegal drugs. A new offence of driving/being in charge of a mechanically propelled vehicle with the presence of certain illicit drugs – cannabis, cocaine, and heroin – in blood specimens will be introduced. Provision will also be made for preliminary testing of oral fluid for drugs by An Garda Síochána at the roadside or in a Garda station. This has major implications for employers and employees who undertake driving as part of their duties.
Reporting for Work under the Influence of Drugs and Alcohol
Under Section 13(1)b the Safety, Health and Welfare at Work Act 2005 all employees must ensure that they are not under the influence of an intoxicant (defined as including drugs and alcohol and any combination of drugs or of 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. Employers may prevent employees from reporting for or being on duty under the influence of intoxicants.