The recent case of lorry driver Anthony Campbell should serve as a timely reminder of the need for operators and transport managers to have appropriate systems to effectively manage the risk of drug driving within their business.

Last month (July), Mr Campbell was jailed for two years and disqualified from driving for four years after he pleaded guilty at Peterborough Crown Court to causing serious injury by dangerous driving. On 3 January, the 44-tonne lorry he was driving swerved into the opposite carriageway on the A47 near Peterborough crashing head on into an oncoming car and seriously injuring its occupants – one of whom had to be airlifted to hospital. Police say it was ‘a miracle’ they survived.

Mr Campbell failed a roadside drugs swipe – he was found to be almost double the drug drive limit – and was arrested. Five hours later, a blood sample was taken, which showed his cannabis level was at 3.7mcg per litre of blood. The legal limit is 2.

This case comes just a few months after that of another lorry driver, Bradley Simmonds, who was jailed for four and a half years after he took cocaine before driving a waste removal lorry that collided with a car, killing the driver. He was found to have 11 times more than the specified limit of benzoylecgonine in his blood, a chemical which indicated he had taken cocaine prior to the fatal collision. Mr Simmonds pleaded guilty to causing death by careless driving when over the prescribed limit and was sentenced at Canterbury Crown Court to four and a half years imprisonment. He was also disqualified from driving for 12 years.

Whilst both these cases relate to the prosecution of drivers, it is an undertaking on every Operator’s Licence that operators and transport managers will ensure their drivers comply with all laws relating to the driving and operation of vehicles. This requires operators to have an effective system to manage the risk of drug (and drink) driving within their business, but what does this mean in practice?

Drug and Alcohol Policy

All operators should have a clear and comprehensive Drug and Alcohol Policy that forms part of their Driver Handbook and is issued to all drivers at the outset of their employment/engagement by the operator. The policy should detail:

• the law in relation to drug (and drink) driving;
• the operator’s expectations of its drivers (i.e. that they do not drive, or present for work, under the influence of drugs (or alcohol) – operators should also address the position in respect of drivers who take daily/weekly rest periods in the vehicle);
• the measures the operator has implemented to test for drug (or alcohol) use, including the position if a driver refuses to test;
• the procedure to be followed if drivers are found to be under the influence of drugs (or alcohol) (e.g. how the driver gets home, the procedure for recovering the vehicle);
• the potential disciplinary consequences of a report of drug driving; and
• the potential criminal prosecution and/or Traffic Commissioner action that might flow from a report of drug driving.

Operators should also encourage staff to proactively tell them if they feel they have a drug/alcohol dependency. In cases where there are signs, or reports, of drug (or alcohol) dependency, operators’ policies should aim to help and support staff, including seeking professional advice and support.

Random Testing

All operators should implement a random testing regime whereby drivers are regularly tested for drugs (and alcohol) at the start of their duty period. The testing should be at random, so drivers do not know if/when they might be tested, and operators will need to decide: (i) how often testing will be carried out; and (ii) how many drivers will be randomly tested each time.

Such testing acts as a deterrent - drivers will be aware that they could be tested at any time and that if they refuse to test it may be treated as a positive test that will be dealt with in accordance with the operator’s disciplinary policy.

Random testing should be supplemented by targeted testing where an operator has reason to suspect (whether from a driver’s behaviour, because of a rumour or through a complaint from another employee) a particular driver is under the influence of drugs (or alcohol).

Disciplinary Policy/Procedure

All operators should have a comprehensive disciplinary policy, which identifies transport-specific conduct as ‘misconduct’, ‘serious misconduct’ and ‘gross misconduct’. Drug driving should, given the severity of the misconduct and the potential consequences for road safety, be specifically identified in the policy as a ‘gross misconduct’ matter and any instances of drivers presenting for work and/or driving under the influence of drugs should be dealt with as a disciplinary matter – regardless of whether this is identified through an operator’s own testing regime or through criminal proceedings. 

Reporting Offences

All operators have an obligation to report any convictions of drivers for drug (or drink) driving offences to the Traffic Commissioner within 28 days of the date of the conviction. Even in the absence of a criminal conviction, many operators choose to voluntarily notify the Traffic Commissioner of instances where they have identified, or become aware of, drivers driving, or presenting for work, under the influence of drugs (or alcohol). Operators should ensure their Drug and Alcohol Policy specifically details the circumstances in which notification to the Traffic Commissioner (both mandatory and voluntary notifications) will be made and that the policy is applied consistently from driver to driver and is consistent with GDPR.

Notification of any report of drug (or drink) driving to the Traffic Commissioner will result in a driver conduct hearing for the driver concerned where action against their vocational driving entitlement may be taken and may also lead to Traffic Commissioner scrutiny of the operator’s systems and procedures for managing the risk of drug (and drink) driving within their business.

So, how confident are you that you have effective systems in place to manage the risk of drug (or drink) driving within your business? I would urge all operators and transport managers to take the opportunity to review their existing systems and procedures when it’s comes to both drug (and drink - to which similar principles apply) driving and to implement a random testing regime if there isn’t already one in place.