FEATURE
UNDER THE INFLUENCE
Daniel Wilde and Kate Lingley from Harding Evans solicitors consider how clear policies can guard against substance misuse in the workplace.
An individual can commit criminal offences at work without realising they have actually done anything wrong. One of the most common ways of doing so is by driving while intoxicated through drink or drugs, which has implications for health and safety at work, as well as for the individual.
Drink driving laws have been in force for a considerable period of time and are familiar to most drivers. However, too often clients do not realise that they are intoxicated within the meaning of the law. This can happen if a considerable amount of alcohol is consumed the night before and remains in the body, or, if in the case of drug driving, substances like
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cannabis are consumed which remain in the system for quite some time.
Increasingly, police are using new powers to stop drivers and test for both legal and illegal drugs. A considerable amount of people stopped so far have tested positive, the BBC reported in February 2016 that arrests were up 800% from the previous year.
The new rules are complicated; covering both prescription and non- prescription medication. Drivers who are prescribed controlled medication are advised to carry proof of their prescription with them, and to make sure prescriptions are taken in
accordance with instructions. Taking too many tablets at the wrong time, for example, could result in the inadvertent committal of a criminal offence, even where driving is not impaired.
Sentences for these offences carry a mandatory driving ban, which can in many circumstances result in financial implications for the employer and the employee, often leading to substantial financial loss and staffing implications.
HEALTH AND SAFETY LAW In terms of criminal liability for organisations, the most common way for this to occur is via breach of health
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