Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

Question 16: To ask the Minister for Transport if he will bring in a comprehensive Departmental drug testing policy for the alcohol and drug testing of safety critical transport workers in both public and private transport companies; and if he will make a statement on the matter. [9618/08]

Noel Dempsey (Meath West, Fianna Fail)
Link to this: Individually | In context

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 (i.e. drugs and alcohol) and sampling procedures in that regard.

Veolia (as operator of the Luas) has a code of conduct in place and the Railway Safety Commission has accepted this as part of the approval of the Safety Case for Luas.

Iarnród Éireann is implementing its draft code of conduct pending clarification of some outstanding issues with the Railway Safety Commission.

With regard to bus services, it is illegal to drive while under the influence of alcohol or drugs to such an extent as to be incapable of having proper control of the vehicle. Section 49 of the Road Traffic Act 1961 prohibits the driving of a mechanically propelled vehicle by a person while under the influence of an intoxicant. Enforcement of the law on drink and drug driving is a matter for An Garda Síochána. When a member of the Gardaí suspects that a driver of a vehicle is driving under the influence of any intoxicant, the Garda may arrest the suspect under Section 49 of the Road Traffic Act 1961.

In addition to this, Dublin Bus and Bus Éireann are considering the introduction of drink and drug testing as envisaged in Section 13(1) of the Health and Welfare at Work Act 2005.

The position applying to shipping transport has two perspectives. Internationally trading ships are required to comply with the International Maritime Organisation's ISM (International Safety Management) Code. This requires the company to identify all hazards and to manage the associated risks. Consequently most shipping companies do assess risks and may develop company specific drug and alcohol policies.

Domestic passenger ships proceeding to sea, and cargo ships in excess of 500 gross tonnage, will be required to have an ISM system in place from the 24th March 2008. They will need to assess the necessity for drug and alcohol policies as part of this obligation.

In addition the Merchant Shipping (Medical Examinations) Regulations 2005 requires seafarers, employed or engaged in any capacity on board every seagoing ship, whether publicly or privately owned, to hold a valid certificate attesting to their medical fitness for the work for which they are employed. The medical fitness standards applying in Ireland include addiction disorders. Doctors may require a drug and alcohol test at the time of certification of a seafarer.

With regard to aviation, Irish, European, and International requirements and regulations require an air operator to establish policies and procedures with regard to the consumption of alcohol and psychoactive substances. These policies and procedures are published in air operators' Operations Manuals, with which all air crew are obliged to comply, and the air operator is required to monitor compliance with these policies and procedures.

Specifically, Irish Aviation Authority (Operations) Order, S.I. No. 61 of 2006 and Irish Aviation Authority (Personnel Licensing) Order, S.I. No. 333 of 2000 and subsequent amendment Orders, available on the IAA website www.iaa.ie address these matters.