Drug Driving Legislation –

How is your Organisation Affected?

Dr Richard Evers –

Synergy Health

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

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?

Thank You for listening

Any Questions?

Dr Richard Evers –

Synergy Health