Rank: Forum user 
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A valued and experienced fitter has just been banned from driving after being tested positive for driving under the influence of alcohol. The incident occured whilst having had marital issues, those of which are now being resolved with the individual in question of usually of good character and behaviour.
My question for advice is that as he is a valued assembly team operator, which involves driving ATV vehicles around site, should we also ban him from this activity on site too?
He is fully trained in the operation of these large vehicles and he has been driving them on site for many years without any reported incidents.
Understanding that he is probably at a low point in his life, would banning him from site affect him more or are we at greater risk from a legal standing if he has an accident on site and it is identified he is under the influence. We do have a drugs and alcohol policy at work implemented to manage any person under the influence and have updated our workplace transport risk assessment.
Any advice from experience would be greatly appreciated.
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Rank: Forum user 
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Hi Doobrifurkin,
My initial question is do the public have any access to the land, by payment or otherwise?
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Rank: Forum user
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gordonp,
The public have no access to the site, other than those on official business visiting someone within the business, dropping off deliveries and servicing the site. There are no public walkways through the site either.
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Rank: Forum user
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That's good. Then would make sure Insurance company are aware of the situation, suggest also as part of your Drink and Drugs policy complete random breath testing.
I also assume that when you say he has been banned from driving, they have just revoked his Driving Licence and not actually banned him from driving any mechanically propelled vehicle.
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Rank: Super forum user 
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Are these ATVs plated and taxed for potential road use?
I'm not expert here, but I wonder if the vagaries of Road Traffic law extends such a ban to that type of vehicle even if off the public highway.
I'd check with the Police -lest you be aiding your employee in committing further offences!
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Rank: Forum user 
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If the land is private then he would be allowed to drive any vehicle on that land including cars taxed and plated. Technically you are allowed to drive if you are blind or a 9 year old child on private land however if there are employees on site - the risk assessment clicks in!! That said - his technical ability to drive is presumably not in question (only the spcific instance of impairment - in this case alcohol) so I don't see a problem.
DO check the terms of Private land though i.e. you don't have a public highway running through the area which he may encroach upon.
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Rank: Super forum user
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Many moons ago I was a magistrate and the bench, when banning a driver, was always at great pains to advise that land perceived to be private may well not be.
I note your comments that it is a site. Can you be sure that this site has no access gates that are unlocked? If unlocked are they manned at all times to ensure nobody can enter? The deliveries, are they to a specific area of the site that cannot be accessed unless authorised.
Be careful, but if you are sure that the public cannot gain access, then it should be classed as private. Still agree with the RA and testing though.
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Rank: Forum user 
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Just to reinforce GordonP's point - make sure you discuss this with your insurance company, as whatever the legality, if they say "no" then "no" it must be - and I'd be surprised if there isn't something in the very small print about who can drive vehicles on site.
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