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#1 Posted : 26 November 2004 08:42:00(UTC)
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Posted By Steven Gauntlett-Gilbert
Morning All,

I have just had an accident reported where a FLT driver hit an automatic door on his way out of the stores building, causing extensive damage. He has admitted having a drink at lunchtime, and although this may not of contributed, I was wondering if there is any legislation covering this scenario.

Any help would be appreciated

Steve GG
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#2 Posted : 26 November 2004 10:29:00(UTC)
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Posted By Shaun Ingram
Steve,

I don't believe there is any specific legislation , it probably comes down to company policy and if you have a strict no alcohol policy for drivers.

Your only route is through your own company disciplinary procedure.

I would suggest that you implement this if that is not the case .

Shaun



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#3 Posted : 26 November 2004 11:52:00(UTC)
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Posted By Jim Gostick
Steve, although there is a suggestion that drinking may have taken place - i would suggest that proof (sorry for the pun)would be difficult if things turned into a tribunal situation. My opinion would be to use the incident to as a serious near miss and re-emphasize the drink and drugs policy to all relevent employees.
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#4 Posted : 26 November 2004 21:53:00(UTC)
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Posted By Dave Joyce
I would consider the Company Drugs and Alcohol policy in light of this incident.
Does the Company have a policy on this issue, if not then use this incident as a positive lead to creating one.
Do the employees drive FLT's on the road, if so they come under the RTA as far as drugs and alcohol limits are concerned in respect of use of road vehicles. Could be a serious issue if an incident happened on the road.
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#5 Posted : 28 November 2004 22:00:00(UTC)
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Posted By Mark Bywater

I don't believe Steve could class this a near miss, he says extensive damage was caused to the door. Hence "loss" has been suffered and an accident has occurred.

Secondly, Steve, the driver although he may not have been drunk could be looking at a S7 breach don't you think?

Is drinking at lunchtime a "habitual" pastime at your place of work? If so I should consider the potential impact (no pun intended) of drivers of FLTs and operators of other machinery.

A "Zero alcohol" policy may have to be implemented and offenders taken through disciplinary procedures. Talk it through with your HR and any TU reps before plunging straight in though.

Have you had any similar instances, if so what was the outcome?

Mark
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#6 Posted : 29 November 2004 14:02:00(UTC)
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Posted By Steven Gauntlett-Gilbert
Thanks for all of your comments, I've since spoken to the head of HR and we're going to tighten up our policy on Drugs and Alcohol.

Thanks again for your help

SGG
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