THINK! before you drive: Employers’ duty of care to prevent drink driving

With the festive season upon us it is crucial for employers to be aware of the implications of drink driving on both employees and the workplace and how to manage such incidents. This is especially important for those working in the Mobility sector.

The recent THINK! campaign highlights the importance of promoting drink driving awareness, especially during the festive period when social gatherings and celebrations are at their peak.

The THINK! campaign

The THINK! campaign was launched as a collaboration between the government and some well-known alcohol brands. It aims to encourage drivers to opt for 0% drinks if they plan to drive during the festive season.

The initiative is particularly targeted at young men aged 17 to 24, who are disproportionately involved in drink-driving incidents. The campaign includes new 0% branding on pub equipment and t-shirts worn by bar staff, serving as a timely reminder for pub-goers to choose non-alcoholic options before getting behind the wheel. The campaign prioritises raising awareness about drink-driving, which is an important tool when managing the risks associated with drink driving.

Legal position and implications

Under UK law, the legal drink drive limit is 80mg of alcohol per 100ml of blood in England, Wales, and Northern Ireland, and 50mg of alcohol per 100ml of blood in Scotland. From an employment law perspective, employers must be vigilant about the potential consequences of drink driving on their workforce. Here are some key considerations:

1. Employee Safety and Well-being: Employers have a duty of care to ensure the safety and well-being of their employees and the public. Encouraging responsible drinking and promoting awareness about the dangers of drink driving can help prevent accidents and injuries, both on and off the job.
2. Disciplinary Action: Drink driving can lead to serious legal consequences, including fines, driving bans, and even imprisonment. Employees who are convicted of drink driving may face disciplinary action at work, which could lead to termination of employment. Employers should ensure that their disciplinary policies and procedures clearly outline the repercussions of such offences.
3. Impact on Employment: A drink driving conviction can have a significant impact on an employee's ability to perform their job, especially if their role involves driving. Loss of a driving licence can lead to job loss or reassignment to a different role, which can affect productivity and morale.
4. Reputation Management: Companies must also consider the reputational damage that can result from employees being involved in drink driving incidents. Promoting responsible behaviour, at all times not just during the festive season, and supporting campaigns like THINK! can enhance the company's image as a responsible employer.

Practical Steps for Employers

To effectively manage the risk of drink driving during the festive season, employers should consider the following steps:

• Policy Review: Review and update company policies relating to alcohol (and drugs), as well as guidelines for responsible behaviour at workplace events, to include clear information about the consequences of drink driving and the support available for employees struggling with alcohol-related issues. Policies should outline the legal limits, the consequences of drink driving, and the support available to employees who may have issues with alcohol.
• Education and Training: Provide regular training sessions to educate employees about the dangers of drink driving and the importance of adhering to company policies. This can include workshops, seminars, and distributing educational materials.
• Support Systems: Implement support systems for employees who may struggle with alcohol-related issues. This can include access to counselling services, employee assistance programmes, and confidential helplines.
• Monitoring and Enforcement: Regularly monitor compliance with drink driving policies and take appropriate disciplinary action when necessary. This can involve random alcohol testing and strict enforcement of disciplinary measures for those in breach.
• Raise Awareness: Use internal communication channels to raise awareness about the dangers of drink driving and company policies. This can include emails, newsletters, and posters in common areas.
• Lead by Example: Encourage senior management to lead by example, acting responsibly and adhering to internal policies; promoting safe driving practices.

By taking proactive measures, employers can play a pivotal role in promoting a safe and responsible workplace during the festive period and beyond.