Smelt alcohol on a Manchester security guard
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From the HSE Publication
Don't mix it! A guide for employers on alcohol at work
The legal position
You have a general duty under the Health and Safety at Work etc Act 1974 to ensure, as far as is reasonably practicable, the health, safety and welfare of your employees. If you knowingly allow an employee under the influence of excess alcohol to continue working and this places the employee or others at risk, you could be prosecuted. Similarly, your employees are also required to take reasonable care of themselves and others who could be affected by what they do.
In the transport industry, there is additional legislation in place to control the misuse of alcohol and drugs. The Transport and Works Act 1992 makes it a criminal offence for certain workers to be unfit through drink and/or drugs while working on railways, tramways and other guided transport systems. The operators of the transport system would also be guilty of an offence unless they had shown all due diligence in trying to prevent such an offence being committed.
The above is a direct quote from the HSE Website and hopefully will clarify certain misconceptions about alcohol and work.
Highlighted are certain key words that may answer openfly original post about whether the Security guard was infringing any legal rules and why the likes of spannersatcx are subjected to the same rules as transport drivers
How each employer follows these guidelines will be laid out in the contract of employment that an individual signs. Hence if that is a zero tolerance policy then that will be stated and will be covered by the employment terms of condition
Don't mix it! A guide for employers on alcohol at work
The legal position
You have a general duty under the Health and Safety at Work etc Act 1974 to ensure, as far as is reasonably practicable, the health, safety and welfare of your employees. If you knowingly allow an employee under the influence of excess alcohol to continue working and this places the employee or others at risk, you could be prosecuted. Similarly, your employees are also required to take reasonable care of themselves and others who could be affected by what they do.
In the transport industry, there is additional legislation in place to control the misuse of alcohol and drugs. The Transport and Works Act 1992 makes it a criminal offence for certain workers to be unfit through drink and/or drugs while working on railways, tramways and other guided transport systems. The operators of the transport system would also be guilty of an offence unless they had shown all due diligence in trying to prevent such an offence being committed.
The above is a direct quote from the HSE Website and hopefully will clarify certain misconceptions about alcohol and work.
Highlighted are certain key words that may answer openfly original post about whether the Security guard was infringing any legal rules and why the likes of spannersatcx are subjected to the same rules as transport drivers
How each employer follows these guidelines will be laid out in the contract of employment that an individual signs. Hence if that is a zero tolerance policy then that will be stated and will be covered by the employment terms of condition
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Engineer
No, it doesn't really answer it.
openfly mentions a smell, and nothing else. No other mention of any impairment. Therefore no evidence of EXCESS alcohol. The existence of alcohol itself, in a person may (and may not be) excess.
There is, however no power to require either a blood/breath or alcohol test under H&E acts, and no power to require a medical examination. Excess alcohol, unless there is evidence of drunkness is almost impossible to prove.
The Security Guard is not subject to the Transport and Works Act 1992, and therefore it's not relevent.
No, it doesn't really answer it.
openfly mentions a smell, and nothing else. No other mention of any impairment. Therefore no evidence of EXCESS alcohol. The existence of alcohol itself, in a person may (and may not be) excess.
There is, however no power to require either a blood/breath or alcohol test under H&E acts, and no power to require a medical examination. Excess alcohol, unless there is evidence of drunkness is almost impossible to prove.
The Security Guard is not subject to the Transport and Works Act 1992, and therefore it's not relevent.
Drinking!
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BJCC - the clue was in my original post - he went to the cargo centre. Bus H23 only goes to T4 and Cargo, and the latter is a strange place to live! And I know because I also went there.
Thanks for the info/replies anyway.
Thanks for the info/replies anyway.
