There is no requirement for a FLT operator to hold a driving licence provided they do not drive anywhere that would normally require them to hold a driving licence. A ban is not placed on the driver because they are incompetent but rather, as a punishment. If the operator is being punished by the courts do you think it reasonable that they should also be punished by their employer? Unless of course the operator was caught driving the FLT while drunk?

Perhaps they should be asking the carrier of their insurance liability? Also note that areas of premises that lift trucks operate on can qualify as a public highway if they are open to the public. That legislation was intended to deter drink-drivers attempting to avoid prosecution by being in a car-park!

I would tend to agree with John and David. I would certainly give it some thought, look at the circumstances, and if I thought that there was sufficient cause to think that the person’s behaviour was also a risk at work then I would have thought that a responsible employer would have to consider removing the person from that position. I certainly don’t subscribe to the suggestion that the employer shouldn’t punish them because they have already been punished by the court! There are of course many cases where this would be an inevitable and entirely reasonable consequence.

Depends how much over the limit - just over could be 12 months but generally is about 18 months possibly more depending on how much over

If it was me I would also want to know where and when the person was caught was it driving to or from work, or the night before work. Would now that they can’t drive remove any self-control, eg if getting a bus/lift to work it wouldn't matter how much you drink the night before. The answers would help me with any decisions

The starting point for such an event that requires a potential investigation should be the organisations "Alcohol Policy"

I agree with your point David B, Although, I cannot see how an Employer could justify 'banning' an employee from operating a FLT for something that doesn't relate to work or in work time. The same principle could then be applied to a speeding conviction, could it not?

I didn’t think that anyone had been that judgemental, I thought most answers were reasonably balanced and ‘restrained’. Most of the posts seem to me to suggest looking at the circumstances and coming to a considered conclusion rather than merely suggesting sacking the person (I don’t think anyone has actually suggested that). The fact is that people’s private lives and their working lives aren’t quite as separated or ‘discrete’ as some of us might think or like. Posting on social networking sites is one of the more recent examples where this can be seen. For example, locally it has been reported that a trainee accountant lost her job as the result of posting a comment on twitter about knocking a cyclist of their bike. This was before her case even came to court (she was subsequently found guilty of 2 or 3 motoring offences). Similarly my contract refer to our code of conduct, which itself refers to behaviour or conduct outside of work that might bring my employer into disrepute. This would be a disciplinary offence and ultimately could result in dismissal. We’ve all done things that are either ‘wrong’, we’re not proud of or illegal and for the most part we ‘get away’ with it. But sometimes life catches up with us. The fact is that we can’t always say or do what we like without there sometimes being some ramification elsewhere in our lives. To my mind it would be irresponsible not to give the situation ANY consideration whatsoever. And if you give it consideration then there must surely be more than one possible outcome! i.e. if you're going to take a view you must also be prepared to take action otherwise taking the view in the first place is surely an entirely pointless exercise? If anyone thinks that an employer can't or won't take action for something that happens outside of work, then I fear you are going to be rather disappointed! There are any number of examples to the contrary.

Is flogging still an option ;)

Its down to the insurance situation for us. Our insurers require all ride-on plant operatives to hold a current valid driving licence as well as a current CPCS card for that category of plant. It does seem wrong to me that somebody effectively losses their job if they get those points.