Transport, Drugs and the Law
Employers have a number of statutory duties and responsibilities towards their employees and the public. Clearly, these duties have to be taken very seriously.
1) MISUSE OF DRUGS ACT 1971
The principal legislation in the UK for controlling the misuse of drugs is the Misuse of Drugs Act 1971. Nearly all drugs with misuse and/or dependence liability are covered by it. The Act makes the production, supply and possession of these controlled drugs unlawful except in certain specified circumstances (for example, when prescribed by a doctor.) If you knowingly permit the production or supply of any controlled drugs, the smoking of cannabis or certain other activities to take place on your premises you could be committing an offence.
2) THE TRANSPORT AND WORKS ACT 1992
The fact that the driver had smoked cannabis was sited as a factor in the Cannon Street rail crash in 1991. The 1992 Transport and Works Act makes it an offence to knowingly allow certain workers to work on railways, tramways, and other transport systems when unfit through drugs or drink.
The employer may have a defence if they can show that they have carried out all due diligence in trying to prevent such an offence. Clearly therefore an effective drugs policy which has been properly implemented may be helpful in establishing such a defence.
3) THE ROAD TRAFFIC ACT 1988
The Act states that any person who, when driving or attempting to drive a motor vehicle on a road or other public place, is unfit to drive through drugs or drink shall be guilty of an offence. An offence is committed if a person unfit through drugs or drink is in charge of a motor vehicle in the same circumstances.
4) Health and Safety at Work Act 1974
Employers have a general duty under this Act to ensure so far as reasonably possible the health, safety and welfare at work of all employees. Breach of this carries a maximum fine and summary conviction of £20,000.00.
In addition, an employer has a common law duty to ensure the health and safety of employees, which is implied into every contract of employment. The duty is to take reasonable care so as to avoid injuries, diseases and death occurring at work and to :-
a) Provide a safe place of work
b) Provide and maintain safe appliances and equipment
c) Provide and maintain a safe system for doing work
d) Provide a competent and safety conscience personnel
These duties are extremely wide ranging and can clearly cover a situation where an employee is misusing drugs since there are clear risks to fellow employees in such circumstances.
A breach of these duties could lead to employees or third parties bringing claims for damages if injured as a result.
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