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INTRODUCTION

The Transport and Works Act 1992 contains provisions relating to the use of alcohol and drugs by certain employees working on the railway (LU, Agency staff, Contractors and Consultants) defined as safety critical.

Those LU employees who are categorised as safety critical will be guilty of a criminal offence if they are unfit to carry out their duties through alcohol or drugs or if they are under the influence of/unfit because of alcohol or drugs whilst carrying out their duties. ( See Appendix F for a definition of Safety Critical )

The Police have powers under the Act to carry out alcohol and drugs tests on safety critical employees suspected of being at work or attempting to work under the influence of or unfit for duty because of alcohol or drugs. It is a criminal offence to refuse a test.

The Act also places an obligation on LU to exercise 'all due diligence' to prevent any employee or Contractor/Agency staff covered by the Act from committing an offence. Managers must not allow an individual to work whom they suspect of being under the influence of/unfit for duty because of alcohol or drugs.

If an individual is found guilty, the Act allows for fines of up to £5,000 and/or six months' imprisonment.