Use Breathalyzers to ensure You and Your employees comply with Health and Safety Laws

Employers have a general duty under the Health And Safety Act to ensure the health, safety and welfare at work of their employees

• It is an offense for employees to carry out, and for employers to allow employees to carry out, safety critical work while under the influence of drugs or alcohol
• The Employer would generally have a defense to prosecution if they can show ‘due diligence’ to prevent an employee committing an offense.
• The ‘due diligence’ requirement can be satisfied by a robust drugs and alcohol policy, including education and training, support for those seeking rehabilitation and most importantly – screening procedures in place for all employees.
• If the employer knowingly allows an employee under the influence of alcohol or drugs to continue working and his/her behaviour places himself/herself or other employees at risk, then the employer could be prosecuted.

Don’t Leave Yourself Open to Prosecution

• Don’t be caught unprepared if you suspected an employee of being under the influence of alcohol while at work. What would you do?
• You should have a robust ‘Drugs & Alcohol’ Policy which all employees must be subject to. This will enable you to request the suspected employee to submit to a breathalyzer test.
• At your workplace Question? In order to decide which is the best unit for your organization you may well find it helpful to ask yourself what you would do? If you have a robust ‘Drugs & Alcohol’ Policy that all employees are subject to then you would be able to ask the employee to submit to an alcohol test.

The Employee Fails a Breathalyzer Test.

What Now?

• Your initial choice of breathalyzer will influence your course of action.
• If disciplinary action may lead to possible dismissal, you should opt for the most accurate breathalyzer with printing capability.
• If you only want to “screen” employees, a basic breathalyzer such as the BS7000 would be sufficient. The results can form the basis for further action if required.
• We recognize the sensitivity of employers buying breathalyzer units for employee screening/testing. We always dispatch in plain, discrete packaging. We can dispatch to any address which may be required for confidentiality requirements.

Disclaimer
The above is only our interpretation of current South African legislation. Things do change from time to time, and we advise that you should consult a legal professional for specific advice relating to South African Law, Health & Safety Advice, Employment Law and Current Government Regulations.