If one of your drivers is convicted of drug driving, the implications can be severe for both the driver and your business. While your driver may face a driving ban, a hefty fine, or even imprisonment, your business can face operational disruptions and reputational damage.
But while most driver handbooks refer to avoiding driving while intoxicated, we estimate a high proportion of fleet operators don’t conduct any form of drug testing. In other words, you may have identified a known risk to the business, documented that risk in your drivers’ handbook, but not done ‘everything reasonably practicable’ to reduce that risk (see below for more on this.)
This is akin to having in-vehicle technology/telematics, but disregarding the data generated highlighting poor driver behaviours. Failing to carry out drug testing could add weight to the critical evidence collated by the police or authorities relating to your business should the worst happen and one of your drivers is involved in a road traffic incident causing harm, while intoxicated.
Bear in mind, the breakdown products of cannabis or cocaine can still be in the body five days after they were consumed. This means a driver taking drugs on a Friday or Saturday night is likely to test positive for drugs when at work on the following Monday or Tuesday.
In this insight, we help you understand the implications of drug-driving convictions and the best practices for implementing effective drug testing.
If one of your drivers is involved in a road traffic incident, perhaps one where a third party is badly injured or even killed, the police will immediately test your driver at the roadside to check for intoxication.
If your driver fails the roadside swab test, the police will almost certainly have questions for their employer. They’ll want to know what actions you, as their employer, have taken to prevent the driver from getting behind the wheel of your vehicle whilst under the influence of drink or drugs. They will determine if your business has undertaken ‘everything reasonably practicable’ to reduce the chance of a driver working while intoxicated.
And if you as a organisation has failed to undertake ‘everything reasonably practicable’ it leaves your business exposed to fines, penalties and in worse case scenarios, potentially the threat of action taken against your operator’s licence by the Office of the Traffic Commissioner.
We sometimes hear fleet operators say something like: 'We have test kits on our shelves and if someone looks like they’re intoxicated, we’ll test them for-cause'. In other words, the business will be ready to use its drug-testing kits only when it has a specific, justified reason. Often in these circumstances, the drug test kits are found to be out of date.
It may be easier for you to identify an employee who’s had excessive levels of alcohol — their breath might smell, or they may be uneasy on their feet — but rather less straightforward to recognise an employee who is intoxicated through drug use.
In addition, testing might be undermined by word getting around when, for example, it’s clear people/colleagues are being tested. This can cause drivers worried about testing to stay away from work. Drivers may also view drug testing as an invasion of privacy or a sign of mistrust, which can impact morale and your business culture.
Finally, some fleet operators may find some methods of drug testing uncomfortably intrusive, such as organising urine tests or taking cheek swabs, which prevents regular testing.
To overcome these challenges, it's important to foster an open dialogue with your drivers about the needs for drug testing, focusing on safety and compliance, rather than surveillance. You may also need to amend your employment contracts to reflect the need for drug testing.
Choosing testing methods and times that respect privacy while still protecting safety, such as random testing or testing based on reasonable suspicion, are essential.
We suggest a range of further actions to mitigate drug-driving risks:
It’s also important to ensure all employees are aware of ‘material disclosures,’ which is the expectation they’ll disclose any medical or physical condition they have that may prevent them from undertaking their work duties safely.
By understanding and addressing the risks associated with drug driving, you can create a safer, more compliant, and more efficient fleet and in doing so greatly improve protection for your business. Implementing a thoughtful and comprehensive drug-testing programme isn't just about compliance; it's about protecting your drivers, your business and, the public.
For a smarter way to manage the range of changing risks to the safety and efficiency of your commercial fleet, get in touch with our industry specialists who can provide easy and cost-effective solutions to help you better manage these risks.
