Proposals for dealing with drug driving in the same way as drink driving have implications for employers, including safety, policies and insurance, writes Mark Burrup.
If the Crime, Communications and Court Bill being considered by Parliament goes through without a hitch, drug driving could soon become a specific offence punishable by a jail term or fine. Employees who are caught with certain controlled drugs in their system could pose problems for employers - not only in terms of staff being absent from work or unable to fulfil their duties, but by potentially leaving the employer open to prosecution.
So what are the changes being proposed by the Bill? In order to prosecute under current law, police have to prove that driving has been impaired or adversely affected by drugs. To prove impairment, drivers have to go through a series of tests at the roadside. If they fail, they are taken to a police station where a doctor is called and asked whether or not the drugs could have caused the impairment. If the answer is yes, a blood sample is taken for lab analysis.
However, under the proposed law, the police will not have to prove impairment and will be able to test for traces of drugs in saliva at the roadside. The fact that a person has certain controlled drugs present in their body will be enough to prosecute. With no doctor needed the entire process will be quicker and easier.
A review by a panel of scientific experts has started to determine which drugs and their levels in the body are likely to be included under the new laws. Whatever is decided, it is likely that Class A drugs, such as heroin and cocaine, and Class B drugs, including cannabis and speed, will be on the list, as well as some prescription drugs.
Current discussions suggest that the new limits for certain drugs in saliva are likely to be:
- Cannabis 10ng/ml
- Benzodiazepines 10ng/ml
- Cocaine 30ng/ml
- Amphetamine 40ng/ml
- Methamphetamine 40ng/ml
- Methadone 50ng/ml
- Opiate 40ng/ml
