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Testing for alcohol in the workplace: Some points to consider

Testing for alcohol in the workplace: Some points to consider

Author: By Fawzia Khan
Date: 2024-06-01

A number of employer companies have a zero-tolerance policy on alcohol and drugs and will require employees to either undergo daily or random tests to assess whether or not they are not tested positive for alcohol or other drugs.

However employers may not dismiss an employee for testing positive for alcohol if the employer placed its sole reliance for dismissal, on the result from the breathalyser test.

The results of the breathalyser should be corroborated by a blood test which has been said to be far more accurate.

An employee of Samancor Chrome, Mr. Willemse was dismissed for having tested positive for alcohol. Samancor Chrome had a dismissal policy if an employee tested positive for any drugs or alcohol or if they refused to undergo a drug test. Willemse tested positive for alcohol through a breathalyser test.

He insisted on doing another breathalyser test, which also showed positive with an alcohol concentration of 0.013%. Willemse then had a blood sample taken which was sent to the laboratory for testing. The lab report was negative and indicated that Willemse had less than 0.010 g/dl of alcohol.

The matter went to arbitration. The expert witness gave evidence that a person could test positive test for alcohol even if he hadn't consumed alcohol, but ingested something containing yeast (for example). The expert witness said that a blood test was far more accurate than a breathalyser test.

The arbitrator ruled that there was no breach by Willemse as the laboratory results found that he did not have alcohol in his blood. Dissatisfied with that outcome the employer Chrome took the matter on review to the Labour Court.

The employer argued that Willemse breached the workplace policy even if he was not intoxicated. The Labour Court did not agree with that interpretation and said that where a blood alcohol test result is negative, an employer cannot rely on a breathalyser test result that shows a positive reading for alcohol.

The Labour Court thus found the decision of the arbitrator, based on all the evidence which was adduced at the hearing, to have been fair and reasonable.

Know your rights! The Law Desk of Fawzia Khan & Associates. Giving YOU the Power of Attorney. Call 031-5025670 or email fawzia@thelawdesk.co.za for legal assistance at competitive rates.