It is essential fleet operators don’t rush straight into screening, otherwise they risk falling foul of employment law, according to Ean Lewin.

A structured approach will also help to get employee buy-in.

The process Lewin recommends is:

• The policy can be detailed or brief, but it must be there.
• State what the policy is, the consequences of failing to comply and how the company will confidentially help anyone that comes forward.
• The policy should be given to new employees at induction and introduced to current employees with a notice period. Employees must sign to say they have read and understood it.
• If drivers understand the policy, they will buy into the process.
• Buy-in also comes from increased awareness. Explain why it is a priority for your organisation and the associated risks. Make sure they understand that what they do at the weekend does impinge on their work.
• Stay away from statements like ‘improved employee performance. Keep it as a safety issue.

DDE+’s Roger Singer says training is essential.

“There is a growing idea that if my employer has not done any training with me about how not to drink or drug drive he can’t dismiss me – it could be considered ‘unfair dismissal’ ,” he says.

“There must be training, with an audit trail of when, what was covered in the training, the
knowledge acquired during the training i.e. a before and after questionnaire and knowledge of the company’s drug and alcohol policy.”

Screening (i.e. in-house testing which will require lab confirmation) should involve minimal disruption and allow the employee to retain their dignity.

If a screening gives a non-negative (i.e. positive) result, it must be confirmed at the lab. Lab testing will resolve issues such as over-the-counter medicines.

“Lots of little issues are tightened down in the lab,” Lewin says.
“We can see if codeine is being taken to try to hide heroine use.”

But confirmation must be legally defensible. Lewin says: “It costs money, but what’s the cost of time, money and lack of management focus involved in going to arbitration?”

If the lab confirms drugs are present above a certain level, you will move to a disciplinary situation.

You could choose to terminate the driver’s employment and also report them to the DVLA or Traffic Commissioner to remove their driving licence.

Alternatively, you could retain them and rehabilitate. For example, if they only recordedb a mild alcohol level. Or you could put them in a less safety-critical role.