Arthur Morgan (Louth, Sinn Fein)
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Question 752: To ask the Minister for Enterprise, Trade and Employment his views on whether the unconstitutionality of random drug testing for drivers also applies to similar drug testing of employees as provided for in the Safety, Health and Welfare at Work Act 2005. [1714/06]

Arthur Morgan (Louth, Sinn Fein)
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Question 753: To ask the Minister for Enterprise, Trade and Employment the expected date of publication of regulations regarding the drug testing of employees as provided for in the Safety, Health and Welfare at Work Act 2005. [1715/06]

Tony Killeen (Clare, Fianna Fail)
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I propose to take Questions Nos. 752 and 753 together.

Section 13(1)(c) of the Safety, Health and Welfare at Work Act 2005 requires an employee, while at work, "if reasonably required by his or her employer", to 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 have asked the Health and Safety Authority to develop proposals for a statutory instrument under the 2005 Act to give effect to this provision. I expect the authority, in line with its normal practice, to take into account all relevant matters relating to testing for intoxicants during the development of its proposals, which will include a public consultation process as provided for in section 57(2) of the 2005 Act. I look forward to receiving the authority's proposals in due course.

In line with my undertaking to the House during the passage of the Bill through the Oireachtas, I will also submit the proposed draft regulations on intoxicant testing in the workplace under the 2005 Act to the Joint Committee on Enterprise and Small Business for consideration.