Can your boss make you take a breathalyser test at work?
Employers are often shocked when the dismissal of a drunk or intoxicated employee is dismissed by the CCMA, but even more so when they find out they are in fact responsible for preventing alcohol and drug abuse during work hours.
A recent ruling by the CCMA found that in a case where a truck driver (responsible for transporting fellow employees) was intoxicated to some extent and caused a collision, the prevention of alcohol abuse at work was deemed a management responsibility and that it was they (the employers) who should ensure that employees were not able to commence work if drunk.
To this end, the question has been raised whether or not employers are legally able to force workers to take breathalyser tests to determine if they are intoxicated or not. In short, employees cannot be forced to take the tests, but there is nothing stopping bosses from making the request – and taking action if employees refuse.
According to Apache Security Services, there is nothing in South African labour law that stipulates that employers can or cannot request an employee to undergo a breathalyser. As such, companies are well within their rights to request same.
However, it is important for companies to protect themselves by including a no tolerance clause for drugs and alcohol in their policies and procedures, as well as in the employment contract.
According to the HR and Labour Club, it is then possible to test all employees using a breathalyser. Should an employee refuse to take a test, management can’t force them to do so, but will have recourse to discipline them for breach of contract or breach of the policy.
The issue of intoxication is especially elevated during the festive period, where many workers in the services industry – including security officers, drivers and many others whose jobs hold the lives of others in the balance – are exposed to the festivities.
If there is a lack of accountability, it leads to a lack of discipline, Apache said.
“Hiring external consultants to conduct spot-checks and administer breathalysers on staff could mean the difference between mitigating or aggravating risks,” it said.
Read: Drunk and negligent drivers could be paid out along with victims under new accident claims laws
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