Employers are often stunned when the CCMA or a Bargaining Council rules an employee unjustly dismissed due to intoxication, according to the South African Labour Guide.
In addition, they are shocked to hear that a commissioner accepted that a truck driver (responsible for transporting co-workers) was at least partially drunk when he caused a collision but found that management had a responsibility to ensure that drunken employees not be allowed to begin work [GIWUSA & another v VM Construction [1995] 9 BLLR 99 (IC)].”
It is dangerous to be under the influence of alcohol on the job in any industry.
Dull senses play a role in safety, transport, warehousing, and manufacturing, as well as the safety of their colleagues and customers. In South Africa, there are no legal requirements about whether a company can require an employee to undergo a Breathalyzer test and consequently are allowed to ask for it.
Company Policies and Procedures
To protect themselves, organizations should include a no tolerance clause for drugs and alcohol in their policies and procedures, as well as in their employment contracts.
In some job categories, alcohol abuse is more likely – such as in the hospitality industry such as bartenders, waiters, wine stewards, and those who handle alcoholic beverages every day as part of their duties.
During constructing rules and regulations, these special considerations each require a unique approach, because each is characterized by a specific set of circumstances.
As a result, management is responsible for compiling the Alcohol (and Drug Abuse) Policy and for ensuring that employees abide by it.
To address a problem effectively, the formulation of a Policy is essential, and it will require input from all levels of management.
A fair amount of policy content will also be determined by past policy experience.
38.1 The Occupational Health and Safety Act; General Regulations and the company policy
Section 2(a) of the above mentioned regulations state;
2A. Intoxication
- Subject to the provisions of sub regulation (3), an employer or a user, as the case may be, shall not permit any person who is or who appears to be under the influence of intoxicating liquor or drugs, to enter or remain at a workplace.
- Subject to the provisions of sub regulation (3), no person at a workplace shall be under the influence of or have in his or her possession or partake of or offer any other person intoxicating liquor or drugs.
- An employer or a user, as the case may be, shall, in the case where a person is taking medicines, only allow such person to perform duties at the workplace if the side effects of such medicine do not constitute a threat to the health or safety of the person concerned or other persons at such workplace.
According to the general regulations above, employers are required to make sure that their employees;
- who appears to be under the influence of intoxicating liquor or drugs are not allowed to work, enter or remain at the workplace;
- are not under the influence of intoxicating liquor or drugs at the workplace;
- do not have intoxicating liquor or drugs in their possession;
- do not offer intoxicating liquor or drugs to other employees.
