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’.
