Mr. Phil Donohue:

Bus Éireann and Dublin Bus had envisaged the introduction of intoxicant testing as provided for in section 13(1) of the Health, Safety and Welfare at Work Act 2005. We have had discussions with workplace representatives to reach agreement on the introduction of random testing for drugs and alcohol in the workplace. This was subject to the publication of a code of practice on foot of the Health, Safety and Welfare at Work Act 2005, through the enactment of a statutory instrument. Unfortunately, agreement could not be reached regarding random testing for alcohol and drugs, as no regulation was in place to cover such testing and the Health and Safety Authority issued guidelines saying that random testing was not provided for under the 2005 Act. This continues to be a barrier to reaching agreement with employees for random testing for alcohol and drugs.

Section 88 of the Railway Safety Act 2005 requires rail companies to draw up a code of conduct for safety critical workers in relation to intoxicants and sampling procedures in that regard. As a result of this legislation both Irish Rail and Luas services have implemented a system of random intoxicant testing. The Railway Safety Act not only places an obligation on the employer but also on the employee. Despite the lack of regulation, and following discussions with employee representatives, Bus Éireann and Dublin Bus effected a detailed policy in relation to drugs and alcohol. The policy describes how the two organisations manage the impact of drugs and alcohol within the workplace and identifies appropriate rules, both legislative and self-imposed. We clearly explain the processes for invoking those rules, the subsequent actions and identify who must carry them out. We also make clear the obligations of all employees in this regard. The proposed legislation will provide a mechanism where we can introduce random drug and alcohol testing for all employees.

In conclusion, we urge the committee to give serious consideration to the legislative support required to introduce a testing regime that covers all road transport providers and sets an industry best practice standard for all. This would be in keeping with other European member states and is welcomed by both Bus Éireann and Dublin Bus. It would underpin the safety culture in our organisations, act as a preventative measure and as a deterrent, and would ultimately lead to an improvement in overall road safety in Ireland. We thank the Chairman and members of the committee.