Alcohol Testing Products - Continental Automotive Trading UK Ltd

Employers have a general duty under the Health and Safety At Work Act to ensure the health, safety and welfare at work of their employees.

It is an offence for employees to carry out, and for employers to allow employees to carry out safety critical work while under the influence of drugs or alcohol (Transport & Works at 1992 Section 27).

The employer has a defence to prosecution if they can show "due diligence" to prevent an employee committing an offence (Transport & Works Act 1992 section 28).

HSE guidance indicates that "due diligence" can be satisfied by a robust alcohol and drugs policy including education and training, support for those seeking rehabilitation and most importantly screening procedures in place for all employees.

If the employer knowingly allows an employee under the influence of alcohol or drugs to continue working and the employees behaviour places themselves or other employees at risk, then the employer can be prosecuted.

It is therefore suggested that all employers establish a robust Alcohol and Drugs policy which is accepted by employees and allows for alcohol and drug testing.

Ref: 95-000161

£2.95

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