Alcohol, intoxicating/banned substances or drug usage
Procedure
The following employees could be tested with their approval:
Ø Any employee transferred/promoted to a position, regarded by the employer as a high risk position;
Ø Any employee, in the conduct of his/her services, who gets involved in an industrial accident or a motor accident;
Ø Any employee that has committed assault during working hours;
Ø Any employee accused of being under the influence of alcohol or has used an intoxicating substance or drug.
Procedure at the test
The direct supervisor of the accused employee shall inform the employer or his/her nominated employee immediately of his/her suspicion.
The supervisor makes his/her own observations, and if necessary, informs the employer or his/her nominated employee who will perform the test.
At the tests, make certain that:
q Consent has been given;
q The tests are performed in private, not in public or where other employees are present;
q Each employee is tested separately;
q The maximum of two eye witnesses appointed are presented; and
(Note: the presence of an employee's representative is advisable but not necessary)
q The result of the test is shown to the employee.
The official conducting the test completes the provided forms.
v Witnesses sign at the appropriate places on the form;
v The employee tested completes " Remarks" on the form if he/she requests to,
v The result of the test is given to the relevant supervisor.
Conduct if the test is positive
ü The employee's service is suspended for the remainder of the working day without pay;
ü The supervisor initiates disciplinary action, if applicable;
ü The disciplinary action is followed according to the employer's disciplinary code and procedure.
If shown from the disciplinary enquiry that the employee has an alcohol or banned substance related problem, the employer who makes a proposal to assist the employee should submit him for evaluation.
Security and Police
The security section and/or the Police should be called in only in circumstances where an employee could have endangered co-employees or the employer's equipment.
It is important that the employer should clearly be aware of which immediate steps to follow when an employee is accused of being under the influence of alcohol or banned substances.
The following procedure should be followed to determine the level of capability to act:
à Whether it would create danger or embarrassment for the employer if the employee should continue with his/her duties;
à Whether the employee should vacate the employer's premises;
à Whether evidence should be gathered for the purpose of future disciplinary action.
It is important to distinguish these actions from a disciplinary enquiry in terms of the employer's disciplinary code, which would be followed before any disciplinary penalty is imposed, such as a warning.
Enquiry: Employee suspected to have taken alcohol,
Intoxicating/banned substances/drugs
Name of employee: ______Salary Number:______
Date: ______Time: ______Venue: ______
Results of breathalyser, urine, blood sample
Observations:
Breath smells of liquor Yes o No o
Bloodshot eyes Yes o No o
Unsteady on feet Yes o No o
Aggressive and refuses to co-operate Yes o No o
Bad co-ordination (ask the person to touch his/her nose) Yes o No o
Bad balance control(ask person to walk on a straight
line and/or to stand on one leg with his/her eyes closed) Yes o No o
In possession of alcohol, intoxicating substances or drugs Yes o No o
Slurred speech Yes o No o
Signs of vomiting Yes o No o
Injection marks on skin Yes o No o
Name of person making the observation: ______
Designation: ______Signature: ______
Witness 1
I, ______confirm the above observations.
Signature: ______
Witness 2
I, ______confirm the above observations.
Signature:______
Remarks by accused employee (voluntary):
______
The Labour Court pays attention to certain principles, and employers should also consider:
1) When normal resignations occur avoid filling unnecessary vacancies
2) Relocation or transfer to other sections or branches
3) Offer early retirement
4) Reduce overtime
5) Examine the possibility of unpaid leave
6) Consult the employee to be retrenched
7) Apply the principle of last in first out (lifo)
8) Allow the employee as much time as possible to arrange his/her affairs and seek alternative employment
9) Assist the employee to find other employment
10) Ensure the employee receives all emoluments in full, such as leave pay, bonuses, etc. as well as his unemployment insurance blue card.