Dáil Éireann Debate, Tuesday - 16 November 2004
104 Mr. Morgan asked the Minister for Enterprise, Trade and Employment if he will remove the provisions in the Safety, Health and Welfare at Work Bill 2004 related to random drug and alcohol testing of employees in view of the deep concerns regarding the implications of these provisions. [28316/04]
View answerSection 13 of the Safety, Health and Welfare at Work Bill 2004 places a duty on employees, while at work to, ensure that he or she is not under the influence of an intoxicant 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, or if reasonably required by his or her employer, submit to any appropriate, reasonable and appropriate tests by a competent person as may be prescribed. Also, employees working in a safety critical situation, may, subject to regulations, be required to undergo a periodic medical assessment of fitness to work.
I envisage that the Health and Safety Authority, in consultation with my Department and after consultation with interested parties, will determine the particular safety critical circumstances and sectors where regulations will set down requirements whereby an employee may be required to submit to independent tests by a competent person which are appropriate, reasonable and proportionate. I do not envisage the removal of these provisions from the Bill.
