Smelling Alcohol On Member Of Staff

[Denisec4502]

I have smelt alcohol on a member of our Driving team recently.... and other colleagues have as well. I am calling him in tomorrow ......do I need proof that others can smell it as well or can I just take the keys off of him and tell him to go home, then go through disciplinary procedure?

[Hymie]

I don’t believe that the portable breathalysers used by the police are sufficiently accurate to stand-up (alone) in a court of law. Therefore I would suggest that if the portable breathalyser result shows that the driver has consumed alcohol, but lower than would normally cause the police to take further action – I’d request that the police take the driver to the police station to obtain an accurate alcohol/breath reading (given the potential consequences for the driver – and covering your ***).

[woofgang]

the burden of proof in a disciplinary procedure is lower than that of a court of law. Additionally the Op has said that she intends for the person to be breathalysed before he drives away and the employment requirement is not to have taken any drink before work ie a zero level of alcohol. If at this point the person brings forward one of the alternative reasons mentioned, he can then be offered a blood test, although most of those other reasons do not register as alcohol on the modern breath test machines.

Of course if the person drove himself to work and his breath alcohol level is such that he should not have driven himself to work, then the police might wish to take other action.

[TWR]

I do not condone this practice in any way, the way I would go about this Serious Issue Denise, you say this Driver Is a good driver & good drivers are hard to come by, I would give this person a chance & explain that there has been comments regards the smell of Alcohol in his / her Company, If this person looses his / her licence this could bring hardship but could also cause an accident, I would also advise the person that this practice has to stop as soon as, as this can cause your company to have a bad reputation, give the person a chance.

[woofgang]

How could the person losing their licence cause an accident? Where machinery operation or other responsible positions are involved, there can be no chances or "advice" where alcohol or drugs are concerned.

[woofgang]

Good drivers are hard to come by? in the current financial climate, on what planet?

[TWR]

If you have never been in that industry, you might not know Woof.

[woofgang]

again i ask, how could that person losing their licence cause an accident?

[Hymie]

Regardless as to whether the driver drove to work – the police would prosecute on the basis of control of a vehicle under the influence of alcohol.

Bear in mind that the company could face unlimited liability for any damage/loss of life caused by their employee whilst carrying out their employee duties.

[EDDIE51]

Hymie the police can ONLY take the driver to the police station for a full test IF the 'roadside test' shows he is over the legal limit for driving and he has been arrested. You can't just cart someone off to the police station on the request of an employer, that would be a very serious offence 'wrongful detention'. or 'wrongful arrest'.

[EDDIE51]

There was a case recently where an airline pilot was accused of drinking and sacked on the basis that his breath smelt of alcohol . The case went to court and it was proved that the pilot had a type of illness (diabetes I think) that made his breath smell as though he had been drinking even though he had not had any drink at all. The airline had to pay substantial damages and give him his job back. Make CERTAIN you do not do the same thing, you MUST PROVE he has been drinking or he will sue the company for damages and could easily put you out of business.

[Hopkirk]

Some companies have their own breath test equipment, and operate a policy of random breath testing.

I suggest you need to go down that road.

[EDDIE51]

If the police stop him and he is under the limit but not zero they will not tell you. They are not allowed to report to anyone that someone has been breath tested and passed! That would be a serious violation of 'Human rights'.
The ONLY way you can do this is if the company has a policy of breath testing any employee if there is a suspicion that they have been drinking.
You are setting yourself up for being sued here unless you have such a policy and implement it correctly. If you do not have such a policy you need to start one now. There are places where breath tests are compulsory , I used to work in one.

[pastafreak]

Be very careful what accusations you make,as his breath may be due to something as simple and innocent as diet.
Strict low carb diets can cause the body to go into ketosis,whereby it burns fat not sugar....NOT to be confused with diabetic. Ketoacidosis. It can give false breathalyser readings.
http://www.shouselaw.com/ketosis.html

[woofgang]

Pastafreak, Lion, who supply to British police forces, say that their equipment does not react to ketones. The old brealysers did but not the new ones.
http://www.lionlaboratories.com/testing-for-alcohol/fuel-cell-sensors/

[boxtops]

I'd be of the opinion that if you are going to breath-test this guy, you have to do it on ALL your drivers, otherwise it looks discriminatory. Be very careful.

[Ken4155]

I can't believe that though you appear to be in a position of some authority at your company, you have to come on here and ask ABers how to execute your disciplinary procedure?

[Xeronema]

If he's over the limit when breathalysed by the police (whilst at the police station on the lion intoxilyser) then they will deal with it.

The police are not at liberty to tell you, as an employer, anything. If he blows 45 at the roadside then blows 34 inside the station then you can't do anything. Why not do what most logistics companies do and subject all your drivers to random breath test using your own equipment. Breathalisers are not that expensive, I should know since I own one - a police graded one.

[Peaspeculiars]

Denise, if this guy is a good employee normally and you trust him to be honest with you, the first step is to find a private area where no-one can hear, sit down and ask him if things are ok - that you are concerned as you thought you smelt alcohol on him the other day. Be 100% honest and listen to his answers.
He won't like the fact that you've noticed and may deny having a drink on that day, but at least he will be aware that you are watching him closely and is less likely to do it again. He may be having a hard time at home and had a quick drink at lunch during the shift - I'm not condoning it, but this talk may give him the opportunity to apologise and agree that it won't happen again.
I would be more concerned if you have been smelling alcohol over a longer period of time which may indicate an issue with alcoholism which would be an issue that you could not have in an active driver - he may have to take time off to get himself sorted.
But in the first instance - give him chance to explain, it may be an underlying medical issue or it may have been a mistake which can be resolved immediately by his assurance never to drink on shift again. Be a good employer and offer him the opportunity to be straight with you. Good advice from others also to re-send out the drug & alcohol policy too.

[woofgang]

Peas, you just can't do that in those circs, the stakes are just too high.