Mr. Joe Kenny:

Chairman and members of the committee we welcome this opportunity to address the committee on the general scheme of the road traffic Bill 2015 particularly in relation to employers' responsibility to test for intoxicants.

Bus Éireann and Dublin Bus are very large organisations. We operate a transport network upon which our customers make many millions of journeys every year. We interface with members of the general public on buses and in a whole range of places. The road passenger transport industry is of significant importance to the people and the economy of Ireland. It provides an essential service to the community at local and regional levels. Its continued success depends on the people who operate the service and can only be achieved through their efficiency and teamwork. Consequently, a high standard of commitment is expected from everyone involved, irrespective of what his or her particular job may be.

The safety and comfort of our customers is of vital importance to Bus Éireann and Dublin Bus and it must be the prime consideration of all drivers. By boarding our vehicles, customers indicate they have confidence in the drivers' skills and competence to get them to their destinations, safely and in comfort. It is the responsibility of the driver to ensure, by every means at his or her disposal, that this is achieved satisfactorily, ensuring a consistent and high quality service. In accordance with section 8 of the Safety, Health and Welfare at Work Act, 2005, Bus Éireann and Dublin Bus have a legal duty to ensure, as far as is reasonably practicable, the safety, health and welfare at work of all its employees. Under section 13 of the Safety, Health and Welfare at Work Act 2005 all Bus Éireann and Dublin Bus employees have a legal duty to ensure that they take reasonable care to protect their own safety and welfare and that of any other person who may be affected by their acts or omission’s while at work. This duty, under section 13(1)(b) extends to ensuring that they are not under the influence of an intoxicant while at work, be it alcohol or drugs or a combination of both, to the extent that they are likely to endanger their own safety, health or welfare at work or that of any other person within the workplace.

Section 13 of The Safety, Health and Welfare at Work Act 2005, provides that "An employee shall, while at work if reasonably required by his or her employer, submit to any appropriate, reasonable and proportionate tests for intoxicants by, or under the supervision of, a registered medical practitioner who is a competent person, as may be prescribed". I now hand over to my colleague Mr. Phil Donohue from Dublin Bus.