Under Section 13(1)b the Safety, Health and Welfare at Work Act 2005 all employees must ensure that they are not under the influence of an intoxicant (defined as drugs and alcohol) to the extent that he or she is in such a state as to endanger his or her own safety, health or welfare at work or that of any other person.
Managing Reasonable Suspicion Information given by the HSA is that from a health and safety perspective, companies need to be confident that employees are not a risk to themselves or others. If managers perceive that there is a risk action should be taken to remove the employee from the risk.
Employee Drug Testing in Ireland Evolved from US Multi-National Companies who had facilities in Ireland. A proposal to conduct employee drug testing was contained in the Safety, Health and Work Act 2005, but no regulations were introduced. The trend is for safety critical industries such as air, sea, transportation to introduce testing. Safety critical tasks should be identified before any testing takes place.