CPA Bulletin

www.cpa.uk.net CPA Bulletin > November 2022 41 LEGAL: 2 During the Covid pandemic where a proportion of employees were either being furloughed, or working from home, a report in 2020 found that nine out of 10 people surveyed admitted to drinking alcohol whilst working from home. The scale of drinking ranged from a glass of wine with lunch to an entire bottle throughout the day. This coincided with reports of drug-driving arrests simultaneously increasing for this period too. With more employees returning to the office - partly due to the increase in domestic heating costs, and/or from employers insisting a ‘return to the office’ - existing unacceptable behaviour may continue with a small number of employees. For those employees who may not actively engage with alcohol consumption or drug use during the working week, any excessive use of alcohol, or any participation of drugs over the weekend (or non-working period) may have lingering effects when they travel to, or are at work - leading to potential serious incidents or accidents, which could lead to civil claims brought against culpable individual employee(s) or their employer by injured person(s). Although there is a duty of care by employers for their employees, alcohol and/or drug addictions does not qualify under the Equality Act 2010, but if the employee suffers from a pre-existing condition which does qualify, then there is a legal obligation on the employer to make ‘reasonable adjustments’ for that employee’s needs. An employer may wish to consider any support mechanisms which can assist employees that need it; whilst reminding employees that failing any periodic random alcohol or drugs test, could lead to their immediate (summary) dismissal. A Drugs and Alcohol Policy can be found within the CPA’s Employment Reference Document (ERD) and is available from the website. Similar documents are available from ACAS and the Government website. Reported increase in drug and alcohol abuse at work TfL to enforce mandatory cycle lanes Since the summer, Transport for London (TfL) had begun issuing fines to vehicles that drive within, or cross, the white lines of cycle lanes that are marked by a solid white line and cycle tracks on TfL’s Road Network (TLRN). This resulted from new powers introduced by Government that allowed TfL and London boroughs to fine motorists who infringe cycle lanes and cycle tracks in a similar way to penalties being issued for bus lanes and yellow box junctions infringements. These powers coincided with wider national changes giving England’s Local Authorities the power to enforce moving traffic contraventions. With the development of cycle lanes in other towns and cities, it is expected that Local Authorities may also consider a similar penalty enforcement scheme for their area too. Recently, the Driver and Vehicle Standards Agency (DVSA) reported a disturbing trend for a section of vehicles. DVSA discovered that the time elapsed between a vehicle’s annual test (MOT), and the vehicle being issued a roadworthiness prohibition notice was, in some cases, only three months apart - with commercial vehicles issued with 10 times the number of prohibition notices within the three months’ window after the MOT. DVSA found that more than 60% of HGV prohibition defects are the type which could have been reported by the driver, had they carried out a thorough walkaround check before beginning their journey or noticed the defect while the vehicle was in service. DVSA reminded vehicle owners of their obligation to ensure roadworthiness standards of all vehicles are being maintained throughout the year, and that both the owner and driver are responsible for making sure their vehicle is in good working order when they leave their base of operations. DVSA highlights serious vehicle maintenance issues From 1st October 2023, the Joint Approvals Unit for Periodic Training (JAUPT) which oversees the Driver Certificate of Professional Competence (DCPC), and drink-drive rehabilitation (DDR) schemes has been incorporated into the Driver and Vehicle Standards Agency (DVSA). As JAUPT offers these services exclusively to DVSA, this transfer seemed sensible, but should have no effect to the DCPC courses. At the time of writing, the JAUPT website and the way Driver CPC courses are searched for through its website - which is linked to/ from the GOV.UK website - will be unchanged. The way courses and centres are approved and audited will remain the same so that the number of courses and quality of training is not affected. The phone number for enquiries will continue to be 01908 787000 and the email for general enquiries is enquiries@jaupt.org.uk. JAUPT to become part of DVSA