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Ask the MAC


With Tom Griffith, Manager – Member Advice Centre (MAC), Logistics UK

Drugs test

Q. With Christmas/New Year fast approaching, we have started randomly testing drivers to ensure they have no alcohol or drugs in their system and will introduce a policy to permanently introduce the random tests. Can a driver refuse to undergo a drugs/alcohol test?

Drugs test

Q. With Christmas/New Year fast approaching, we have started randomly testing drivers to ensure they have no alcohol or drugs in their system and will introduce a policy to permanently introduce the random tests. Can a driver refuse to undergo a drugs/alcohol test?

A. Employers must have consent if they want to test employees for drugs. Workers can’t be forced to take a drugs test, but if they refuse a test when the employer has good grounds for testing, they may face disciplinary action if this is covered in your company policy. When implementing these tests, employers should:

•    Limit testing to employees that need to be tested, ensuring tests are random.

•    Not single out any employees for testing unless the nature of their job justifies this.

•    Consider that screening on its own will not solve problems caused by drug and alcohol misuse.

•    Any screening should be carried out properly to prevent tampering or contamination and to ensure accurate analysis of results.

Q. Can we pay our drivers a bonus based on the number of loads they complete in a day? We’re thinking of introducing an incentive scheme for them, but someone suggested it may increase risk if they are rushing to complete jobs.

A. Article 10 of Regulation (EC) 561/2006 states that ‘a transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation’.

Published On: 28/11/2024 15:00:00

 


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