Drug driving legislation - how are you affected?
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Transcript of Drug driving legislation - how are you affected?
SHLS
Laboratory Services division of
Synergy Health
• Based in Abergavenny, South
Wales
• Established in 1986
• On-site Toxicology, Pathology and
PCR suites
Drug Driving Legislation – How is you Organisation Affected?
Services from SHLS
• Drug and Alcohol screening
• Urine
• Saliva
• Hair
• Breath Alcohol
• Drug and Alcohol sample collection services
• Clinical Pathology testing services
• Training services
Drug Driving Legislation – How is you Organisation Affected?
Drink Driving
• UK Legal Limit
• 80mg/100mL blood
• 35µg/100mL breath
• Preliminary Breath Test
• Evidential Breath Test
• Statutory Option Blood Test
Drug Driving Legislation – How is you Organisation Affected?
Drug Driving
Section 4 RTA
• Driving, or being in charge, when under the influence of drink or drugs:
• A person who, when driving or attempting to drive…on a road or other public
place, is unfit to drive through drink or drugs is guilty of an offence
• A person shall be taken to be unfit to drive if his ability to drive properly is for
the time being impaired
Drug Driving Legislation – How is you Organisation Affected?
Field Impairment Test
Standardised Field Sobriety Test
• Pupil size <3 or >6 mm
• Romberg Test
• Walk and Turn Test
• One Leg Stand Test
• Finger to Nose Test
Drug Driving Legislation – How is you Organisation Affected?
North Report
Alcohol – 28 Recommendations
•Removal of Statutory Option
•Reduce Drink-Drive limit to 50mg/100mL blood
Drugs – 23 Recommendations
•More F.I.T trained officers
•Type Approval for screening devices
•Set cut-off levels for drugs
Drug Driving Legislation – How is you Organisation Affected?
2010-2013
• Research and expert panel
review
• Type approval for DT-5000
• Wide consultation on cut-off
levels
Drug Driving Legislation – How is you Organisation Affected?
Crime and Courts Act 2013
Addition of Section 5 (A) to Road Traffic Act 1988
Drug Driving Legislation – How is you Organisation Affected?
The Drug Driving (Specified Limits)
(England and Wales) Regulations 2014
Controlled Drug Limit (microgrammes per litre of blood)
Benzoylecgonine 50
Clonazepam 50
Cocaine 10
Delta-9-Tetrahydrocannabinol 2
Diazepam 550
Flunitrazepam 300
Ketamine 20
Lorazepam 100
Lysergic Acid Diethylamide 1
Methadone 500
Methylamphetamine 10
Methylenedioxymethamphetamine 10
6-Monoacetylmorphine 5
Morphine 80
Oxazepam 300
Temazepam 1,000
Drug Driving Legislation – How is you Organisation Affected?
Medical Exemption
• Communicated by DVLA
• Information to pharmacists
• GP Bulletins
• Information to manufacturers
• Patient support groups
Drug Driving Legislation – How is you Organisation Affected?
Police Procedure
• Stop
• Field Impairment Test
• Roadside Saliva Screening Test
• Cannabis
• Cocaine
• Up to 3 tests
• Arrest and detention
• Blood test
• Medical exemption
Drug Driving Legislation – How is you Organisation Affected?
Laboratory Procedure
• Sample sent to laboratory
• Accredited by UKAS to ISO:17025
• Above specified limit
• Prosecution
• Below specified limit
• Schedule 4 prosecution
• No further action
Drug Driving Legislation – How is you Organisation Affected?
What does this mean to you?
• Managing Health and Safety at Work regulations
• Employer liable for employees actions
• Risk Assessment
• Recognising signs of drug use
• Recognising impairment
Drug Driving Legislation – How is you Organisation Affected?
Road Haulage
• Road Haulage Operators
• Responsible for drivers actions
• Traffic commissioners
• Drug & Alcohol policy in place
• Steps to reduce risks associated with Drugs & Alcohol
Drug Driving Legislation – How is you Organisation Affected?
Know your drivers
• What medications are they taking?
• Do they declare them to you?
• Codeine (co-codamol)
• OTC codeine <12.8mg
• POM >12.8mg
Drug Driving Legislation – How is you Organisation Affected?
Codeine
Controlled Drug Limit (microgrammes per litre of blood)
Benzoylecgonine 50
Clonazepam 50
Cocaine 10
Delta-9-Tetrahydrocannabinol 2
Diazepam 550
Flunitrazepam 300
Ketamine 20
Lorazepam 100
Lysergic Acid Diethylamide 1
Methadone 500
Methylamphetamine 10
Methylenedioxymethamphetamine 10
6-Monoacetylmorphine 5
Morphine 80
Oxazepam 300
Temazepam 1,000
Drug Driving Legislation – How is you Organisation Affected?
Controlled Drug Limit (microgrammes per litre of blood)
Benzoylecgonine 50
Clonazepam 50
Cocaine 10
Delta-9-Tetrahydrocannabinol 2
Diazepam 550
Flunitrazepam 300
Ketamine 20
Lorazepam 100
Lysergic Acid Diethylamide 1
Methadone 500
Methylamphetamine 10
Methylenedioxymethamphetamine 10
6-Monoacetylmorphine 5
Morphine 80
Oxazepam 300
Temazepam 1,000
Your drivers
• Do they know the law?
• Keep prescriptions handy
• Strong Painkillers
• Sleeping tablets
• Anxiolytics
• Specific conditions
• HIV
• Epilepsy
• ADHD
• Multiple Sclerosis
Drug Driving Legislation – How is you Organisation Affected?
Your company
• Drugs and Alcohol policy
• Is it fit for purpose and have staff been involved?
• Does it allow for testing?
• Employment Contracts
• Do they allow for testing?
• Do they require medical review by occupational health
• Managers
• Are they trained to recognise signs of drug use
• Do they know how to approach the situation
Drug Driving Legislation – How is you Organisation Affected?
Penalties - Criminal
• 1 year ban (minimum)
• Fine (max £5,000)
• Criminal record
• Endorsement (lasts 11 years)
• In charge
• Lower fine and discretionary ban
Drug Driving Legislation – How is you Organisation Affected?
Penalties - Civil
• Loss of job
• Car insurance costs
• Disclosure
• Visa problems (e.g. USA)
Drug Driving Legislation – How is you Organisation Affected?
Penalties - Operator
• Revocation or suspension of licence
• Disqualify from holding an operators licence
• Investigation into Health & Safety culture
Drug Driving Legislation – How is you Organisation Affected?
Penalties - Employer
• Corporate Manslaughter
• Prosecution by HSE
• Replacement of staff
• Reputational damage
Drug Driving Legislation – How is you Organisation Affected?
News Stories
• Night Nurse could put drivers over new drug limit
• The Independent, 30th January 2015
• Drivers could be over limit on prescription pills: Thousands face
prison and 12-month ban in 'zero-tolerance' crackdown
• Daily Mail, 8th July 2013
• Warning over drug-driving law and prescribed medication
• BBC News, 10th Feb 2015
• If you are taking your medicine as directed and your driving is
not impaired, then you are not breaking the law and there is
no need to worry – Robert Goodwill MP, Road Safety Minister
Drug Driving Legislation – How is you Organisation Affected?
News Stories
• For the first time you could find yourself in the dock for over
indulging in cough mixture the night before.
• Medical experts have also expressed reservations over drivers’
varying metabolisms and how prosecutors will prove motorists have
taken more than the amount prescribed by a doctor.
• Manchester Evening News, 24th February 2015
Drug Driving Legislation – How is you Organisation Affected?
Good Advice
• ‘None for the road’ for both drugs and alcohol
• Greater Manchester Police
• Users should always read product labels carefully and remember
that even legal drugs can have a serious impact on the ability to
drive
• Edmund King, president of the AA
• Don’t stop taking your medicines, prescribed or otherwise, if you are
worried about this new law
• Professor David Taylor, Royal Pharmaceutical Society
Drug Driving Legislation – How is you Organisation Affected?