Employers
Employers
Employee Alcohol Screening/Testing
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If you are an employer then you are probably aware of your responsibilities under UK Employment Law. Please allow us to highlight the important points:
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
1. 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 Act 1992 section 27)
2. 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)
3. HSE guidance: ‘due diligence’ requirement can be satisfied by a robust drugs and alcohol policy, including education and training, support for those seeking rehabilitation and most importantly - screening procedures in place for all employees.
4. If the employer knowingly allows an employee under the influence of alcohol or drugs to continue working and his/her behaviour places himself/herself or other employees at risk, then the employer could be prosecuted.
Don't Leave Yourself Open To Prosecution.
Question ?
In order to decide which is the best unit for your organisation you may well find it helpful to ask yourself what you would do if you suspected someone of being under the influence of alcohol at your workplace ?
If you have a robust 'Drugs & Alcohol' Policy that all employees are subject to then you would be able to ask the employee to submit to an alcohol test.
What would you then do if they failed the test ?
You need to consider this event. Employers need to be aware of the accuracy levels and associated approvals for Breathalyzer units. If you are likely to need to take full disciplinary action which is likely to lead to possible dismissal then you must buy a Home Office Approved UK unit such as the
Drager 6510 or Drager 6810 With Printer
Alternatively, the BAC100 may be worth considering as this unit is a Police Grade unit in use with many Worldwide Police forces and offers the facility to print off a hard test result at the time of the breath test.
The Drager 6510/6810 are both Home Office approved units, in use with UK Police Forces and have been used very successfully to defend termination of contract by employers at UK Employment Tribunals. The BAC100 Jupiter is another option which carries full US Dept of Transport approval for evidential breath testing known as NHTSA (National Highways Traffic Safety Administatrion Approval). This is similar to the UK Home Office approval and is only given to the very highest quality and accurate breathalyzers.
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All three breathalysers are 'fuel cell' units (expensive to manufacture, hence the relatively high cost) which have unrivalled accuracy levels. For this reason they are highly popular with UK Police and Police Forces worldwide.
As another option for employers wishing to use a breathalyser offering superb accuracy but currently not carrying Full Home Office approval, then you may wish to consider the brand new Alcovisor Mk X Pro. This offers substantial cost savings over a Home Office unit. The Mk X does not offer the ability to print off the result but is a highly accurate breathalyser, ideal for bulk screening in the workplace environment. The latest addition to our range is the Alcodigital 3000 which offers superb accuracy utilising a Drager Police issue sensor.
However if you feel that all you need is a 'screening' unit for occasional use, then we find that most employers find that our AL6000 Prestige
or AL7000 Premium Breathalyzers are ideally suited for their needs. However, these are not to be used as the sole means of assessing an employee's fitness and MUST be backed up with either a Home Office approved device and a blood or urine test if disciplinary action or termination of employment is a likely route.
They can easily be recalibrated ensuring ongoing accuracy - invaluable for the employee screening environment. Please remember however, that for high volume testing rather than random, sporadic testing, the Alcovisor Mk X, BAC100 Jupiter or Drager series breathalysers are better suited, due to the nature of the fuel cell sensor and their ability to retain calibration for longer periods under intense testing.
Calibration
If you find yourself in the unenviable position of having to defend a disciplinary decision based on a breath test using a BAC100 Jupiter or Draeger 6510/6810 then it is essential that the manufacturers 6 monthly recalibration procedure has been maintained. We can carry ot this procedure ourselves using our Guth Alcohol simulators or certified dry gas - all traceable to UK National Standards.
We recognize that the misuse of alcohol can be a significant community problem with the potential to impact on the:
health and safety of your employees, the safe operation of your business and operational decision making. In most cases the formulation of a sensitive and workable policy can have a positive effect on the workforces attitude to alcohol screening. If you need help in this respect then please contact us for advice.
We recognize the sensitivity of employers buying breathalyser units for employee screening/testing. We always dispatch in plain, discrete packaging. We can dispatch to any address which may be required for confidentiality requirements.
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Disclaimer:
The above is only our interpretation of current UK legislation. Things do change from time to time, and Breathalyser Direct advise that you should consult a legal professional for specific advice relating to UK law, Health & Safety Advice, Employment Law and Current Government Regulations. Breathalyzer Direct can supply you with alcohol testing equipment for use in the workplace.
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