Section 88 of the Railway Safety Act 2005 requires rail companies to draw up a code of conduct for safety critical workers in relation to intoxicants (i.e. drugs and alcohol) and including sampling procedures in that regard.
Veolia (as operator of the Luas) has a code of conduct in place and the Railway Safety Commission has accepted this as part of the approval of the Safety Case for Luas.
In relation to Iarnród Éireann, the Railway Safety Commission has asked the Company to implement its draft code of conduct pending clarification of some outstanding issues.
With regard to bus services, the position is that it is illegal to drive while under the influence of drugs to such an extent as to be incapable of having proper control of the vehicle. Section 49 of the Road Traffic Act 1961 prohibits the driving of a mechanically propelled vehicle by a person while under the influence of an intoxicant. Enforcement of the law on drug driving is a matter for An Garda Síochána. When a member of the Garda suspects that a driver of a vehicle is driving under the influence of any intoxicant, the garda may arrest the suspect under Section 49 of the Road Traffic Act 1961.
In addition to this, Dublin Bus and Bus Éireann are considering the introduction of drug testing as envisaged in Section 13(1) of the Health and Welfare at Work Act 2005.