Transport and Works Act 1992

Under the Transport and Works Act 1992 it is a criminal offence for certain workers to be unfit through drugs and/or drink while working on railways, tramways and other guided transport systems. The general union GMB’s Drugs and alcohol at work briefing sets out that those working in “safety sensitive” roles include drivers, guards, conductors, signalmen, maintenance staff, supervisors of maintenance staff and look-outs.

The operators of the transport system would also be guilty of an offence unless they had shown “all due diligence” in trying to prevent such an offence being committed. The Railways and Transport Safety Act 2003 extends these requirements to aviation and maritime workers, making it a criminal offence for them to have impaired ability to function because of alcohol and/or drugs, or if the proportion of alcohol in breath, blood or urine exceeds the prescribed limits established by the Act. These are the same as for driving on the roads (see page 17).