Although the Occupational Health & Safety Act and Mine Health & Safety Act both cover the South African legal standing relating to employees & contractors being in possession of or being under the influence of alcohol or drugs which have a narcotic effect while working or in the workplace we highly recommend that you consult with a qualified consultant to draw up a definitive alcohol and drug policy for your business before embarking on random, mandatory or compulsory alcohol and drug testing in your work place.
Herewith, below we provide a basic example of a suggested Alcohol and Drug Policy that you may work with to develop your own company policy and we advise that such policies be included in all contracts entered into with employees, contractors and drivers.
ALCOHOL AND DRUG POLICY (EXAMPLE)
- You are aware of, and it has been explained to you, the importance of arriving at work in a sober state and remaining sober during your working hours and whenever operating vehicles or machinery.
- It has been explained to you that if you drink alcohol to excess the day before, or more particularly, the night before returning to work you may still be in a state of intoxication when you arrive for work because your body might not have processed all the alcohol that you consumed. The same applies to drugs which have a narcotic effect which may remain in your blood stream for days and weeks after consumption.
- You understand that one of the key tenets of the management of an effective workforce is the strict control of alcohol and drug abuse by employees.
- You understand that under no circumstances may you drink alcohol or consume any drug of a narcotic nature during your working day, even during lunchtime or after hours while at the premises of your employer and/or contracting party, and/or while driving company vehicles, and/or operating company machinery, and/or when visiting customers or suppliers.
- You understand that under no circumstances may you be in possession of alcohol or any drug of a narcotic nature during your working day, even during lunchtime or after hours while at the premises of your employer and/or contracting party, and/or while driving company vehicles, and/or operating company machinery, and/or when visiting customers or suppliers.
- In these circumstances, you hereby expressly give your consent to submit yourself to alcohol and drug testing by means of a breathalyser unit or drug screening by urine or blood testing upon demand by the company at any time during the period of your contract.
- You expressly agree that, in the event that any breathalyser test or any drug test or blood test returns a positive test result for any amount of alcohol or substance of a narcotic nature found to be present in the breath, blood, urine or saliva the company/employer/contracting party will have the right to enter into disciplinary proceedings against you or institute other labour proceedings against you.
- You expressly agree that, in the event that you refuse to submit to a breathalyser test or drug test or blood test upon demand, or fail to perform the test in an effective manner, the company will have the right to draw an adverse inference against you arising out of such conduct and any subsequent conduct and to enter into disciplinary proceedings against you or institute other labour proceedings against you.
Contact David Frost Road Safety for assistance and advice with Policy and Procedure Drafting Services. Tel: 0825762159 Email: firstname.lastname@example.org