Alcohol, Drug & Intoxication Policy

What Is a Drug, Alcohol and Intoxication Policy?

A Drug, Alcohol and Intoxication Policy is a workplace policy that establishes clear rules regarding the use, possession, distribution, sale, and influence of alcohol, drugs, cannabis, prescription medication, and any other substance that may impair an employee's ability to work safely.

The purpose of the policy is to protect employees, contractors, visitors, and members of the public from workplace risks associated with impairment and to ensure that all persons are fit for duty while performing work activities.

A Drug, Alcohol and Intoxication Policy typically prohibits employees from reporting for duty, remaining at work, operating machinery, driving company vehicles, or performing work-related activities while under the influence of alcohol, drugs, cannabis, or any substance that may affect judgement, concentration, reaction times, coordination, or decision-making. This aligns with the principles contained in your standard policy, which prohibits employees from being on duty while under the influence and specifically addresses alcohol, drugs, cannabis, and impairing substances.

A well-written policy also explains employee responsibilities, testing procedures, reporting requirements, disciplinary consequences, confidentiality requirements, and management responsibilities. By implementing a Drug, Alcohol and Intoxication Policy, businesses can reduce workplace accidents, improve employee safety, support Occupational Health & Safety compliance, and create a safer, healthier, and more productive working environment.

Why Is a Drug, Alcohol and Intoxication Policy Needed?

A Drug, Alcohol and Intoxication Policy is needed to help protect employees, contractors, visitors, and members of the public from workplace hazards caused by impairment. Alcohol, drugs, cannabis, and certain prescription medications can affect judgement, concentration, coordination, reaction times, and decision-making, increasing the risk of workplace accidents, injuries, property damage, and unsafe behaviour.

A clear policy helps ensure that all employees are fit for duty and able to perform their work safely. This is particularly important in workplaces where employees operate machinery, drive vehicles, work at heights, use tools and equipment, or perform safety-critical tasks. Even a small level of impairment can place both the employee and others at risk.

A Drug, Alcohol and Intoxication Policy also helps employers meet their obligations under the Occupational Health and Safety Act 85 of 1993 by promoting a safe and healthy working environment. By setting clear expectations, testing procedures, reporting requirements, and disciplinary measures, businesses can reduce workplace risks, improve safety performance, and create a safer, healthier, and more productive workplace for everyone.

What Is Drug, Alcohol and Intoxication?

Understanding Workplace Impairment and Fitness for Duty

Drug, Alcohol and Intoxication refers to the use of alcohol, illegal drugs, cannabis, prescription medication, over-the-counter medication, or any other substance that may impair a person's ability to work safely and effectively. Intoxication occurs when these substances affect an individual's judgement, concentration, coordination, reaction times, behaviour, or decision-making ability.

In the workplace, a person may be considered intoxicated or impaired if they are unable to perform their duties safely due to the effects of alcohol, drugs, medication, or any other substance. This can increase the risk of workplace accidents, injuries, property damage, vehicle incidents, and harm to employees, contractors, visitors, and members of the public.

A Drug, Alcohol and Intoxication Policy helps businesses manage these risks by ensuring that employees are fit for duty, understand their responsibilities, and do not perform work while under the influence of any substance that could affect workplace safety.

Understanding drugs, alcohol, and intoxication is important for workplace safety. These substances can affect a person's judgement, concentration, coordination, reaction times, and decision-making, increasing the risk of workplace accidents and injuries.

What Is a Drug?

A drug is any substance that affects the body or mind. This includes illegal drugs, cannabis, prescription medication, and certain over-the-counter medicines that may impair a person's ability to work safely.

What Is Alcohol?

Alcohol is found in beverages such as beer, wine, cider, and spirits. Even small amounts of alcohol can affect concentration, reaction times, coordination, and decision-making.

What Is Intoxication?

Intoxication occurs when alcohol, drugs, medication, or another substance impairs a person's ability to perform their duties safely and effectively. A person does not need to appear visibly drunk to be considered impaired.

What About Prescription Medication?

Can Prescription Medication Affect My Ability to Work?

Prescription medication can affect an employee's ability to work safely, particularly if it causes drowsiness, dizziness, fatigue, blurred vision, reduced concentration, slower reaction times, or impaired judgement. While employees may be legally prescribed medication by a healthcare professional, they still have a responsibility to ensure that the medication does not affect their ability to perform their duties safely.

Employees should inform management if a prescribed medication may impact their work, especially when operating machinery, driving company vehicles, working at heights, using hazardous equipment, or performing safety-critical tasks. Employers should treat this information confidentially and assess whether any additional controls or temporary work adjustments are required.

Taking prescription medication as directed does not automatically mean an employee is fit for duty. If the medication causes impairment, the employee may still present a workplace health and safety risk and should not perform tasks that could endanger themselves or others.

Prescription medication and workplace fitness for duty

My Employee Tested Positive. Now What?

Managing Positive Drug and Alcohol Tests Fairly

A positive drug or alcohol test does not automatically mean that an employee should be dismissed. Employers should follow their Drug, Alcohol and Intoxication Policy, investigate the circumstances, and ensure that workplace safety remains the first priority.

If an employee tests positive, the employer should:

Remove the employee from safety-critical duties immediately.
Prevent the employee from operating machinery, driving vehicles, or performing hazardous work.
Follow the company's testing and investigation procedures.
Consider whether a confirmatory test is required.
Document the results and any observations of impairment.
Allow the employee an opportunity to explain the result.
Determine the appropriate action based on the policy, the employee's role, the workplace risks involved, and the circumstances of the incident.

It is important to remember that a positive test result does not always prove intoxication or impairment. Employers should consider the reliability of the test, whether confirmatory testing is required, the employee's explanation, and the actual workplace risk before making disciplinary decisions. Recent South African labour court decisions have emphasised that employers should not apply a zero-tolerance policy mechanically without considering the specific circumstances of each case.

Where an employee is found to be impaired or has breached the company's Drug, Alcohol and Intoxication Policy, disciplinary action may be appropriate in accordance with the employer's disciplinary code and procedures. In some cases, counselling, rehabilitation, or employee assistance programmes may also be considered, particularly where dependency issues are identified.

Compliance Tip

Always follow your written policy. Consistency is critical. Employees should be treated fairly, testing procedures should be properly documented, and any disciplinary action should align with the company's Drug, Alcohol and Intoxication Policy and disciplinary code.

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How Can Drugs and Alcohol Affect Workplace Safety?

Reducing Workplace Risks Through Safe Behaviour

Drugs, alcohol, cannabis, and certain medications can affect concentration, judgement, reaction times, coordination, and decision-making. When an employee is impaired, even simple tasks can become hazardous, increasing the risk of workplace accidents, injuries, property damage, vehicle collisions, equipment damage, and near misses.

The effects of impairment can be particularly serious in workplaces where employees operate machinery, drive company vehicles, work at heights, use power tools, handle hazardous chemicals, or perform other safety-critical tasks. However, impairment can affect any employee, regardless of their role or industry.

A single poor decision caused by impairment can have serious consequences for the employee, their colleagues, clients, contractors, and members of the public. For this reason, businesses should take proactive steps to prevent impairment in the workplace and ensure that all employees are fit to perform their duties safely.

Frequently Asked Questions

Is a Drug and Alcohol Policy required for South African businesses?

Although a standalone Drug and Alcohol Policy is not specifically required for every business, employers have a duty under the Occupational Health and Safety Act 85 of 1993 to provide and maintain a working environment that is safe and without risk, as far as reasonably practicable. A formal policy helps businesses manage substance-related risks and establish clear workplace rules.

Can an employer prohibit employees from consuming alcohol or drugs at work?

Yes. Employers can establish rules prohibiting the possession, consumption or use of alcohol and unauthorised drugs in the workplace. Employees may also be prohibited from reporting for duty while under the influence of substances that could affect their ability to work safely.

Can an employer conduct alcohol or drug testing on employees?

Employers may implement alcohol and drug testing where there is a legitimate workplace safety or operational reason. Testing procedures must be reasonable, consistently applied and compliant with applicable labour and privacy requirements. The policy should explain when testing may take place, how results are handled and what happens if an employee refuses testing.

What should an employer do if an employee appears to be under the influence at work?

The employee should be removed from safety-sensitive duties and assessed in accordance with the company's procedures. The employer should document the observations, follow a fair process, arrange safe transport where necessary and investigate the matter before deciding on appropriate action. Employees should not be allowed to operate machinery or drive company vehicles if their fitness for duty is in question.

What should be included in a Workplace Drug, Alcohol & Intoxication Policy?

A comprehensive policy should address prohibited substances, alcohol consumption, impairment and fitness for duty, testing procedures, reasonable suspicion, employee responsibilities, reporting processes, confidentiality, disciplinary procedures and support or referral arrangements where appropriate.

Workplace Drug, Alcohol & Intoxication Policy for South African Businesses

What Is a Drug, Alcohol and Intoxication Policy?

Why Is a Drug, Alcohol and Intoxication Policy Needed?