SUBSTANCE ABUSE IN THE WORKPLACE

EXAMPLES OF AT RISK JOBS

WORKING AT HEIGHTS (E.G. CRANE OPERATOR, WINDOW CLEANERS)

DIVING

PILOT

DISMISSAL ROUTES

MISCONDUCT - FOLLOW DISCIPLINARY PROCEDURES E.G VERBAL WARNING, WRITTEN WARNING

MEDICAL INCAPACITY “I’M ADDICTED”

PERCENTAGE OF WORKFORCE THAT USES ALCOHOL

ACCIDENT RATE WITH BAL OF 0.08

ACCIDENT RATE WITH BAL OF 0.15

5 - 35 %

4X INCREASE

23X INCREASE

LEGAL FRAMEWORK

CONSTITUTION- CANNABIS LEGAL FOR PERSONAL USE

OHS ACT, MHSA - EMPLOYERS MUST ENSURE A SAFE WORKPLACE WITHOUT RISK/HARM

GENERAL SAFETY REGS -

EMPLOYER RESPONSIBILITIES

Employee cannot enter or remain in the workplace even if appears or is under the influence. also check medications

EMPLOYEE RESPONSIBILITIES:

Cannot be under the influence, have it on them, partake or offer

NIGHT SHIFT WORKERS

BCEA

HEALTH EXAMINATION

MUST COVER DIET, CAFFEINE, ALCOHOL, SLEEPING MEDICATION, CIGARETTES

“MAY ADVISE AGAINST SHIFT WORK” BECAUSE THE PERSON DOES THIS AT HOME TO GET TO SLEEP!

DISABILITY ACCORDING TO THE EEA

MENTAL OR PHYSICAL IMPAIRMENT

LONG TERM OR RECURRING

LIMITS ENTRY OR ADVANCEMENT IN EMPLOYMENT

E.G. BLACK FEMALE WITH ALCOGOL DEPENDENCE! ITS IN THE EMPLOYMENT EQUITY ACT

Current use of illegal drugs or substances is not a disability under the EEA, UNLESS THE PERSON IS IN TREATMENT OR REHAB

TRUE - THAT IS THEN MISCONDUCT AND NOT MEDICAL INCAPACITY IF FLUNK IN AND OUT OF SYSTEM

LRA DISMISSAL

CONDUCT

CAPACITY

OPERATIONAL REQUIRMENTS

FAIR REASON IRRESPECTIVE MUST BE FOLLOWED BY FAIR PROCEDURE!

SELECT THE REASON AND PROCEDURE

E.G. MISCONDUCT FOR ALCOHOL ABUSE IN THE WORKPLACE

FOLLOWED BY A FAIR PROCEDURE

FOR ALCOHOL AND SUBSTANCES ABUSE COUNSELIING MAY BE APPROPRIATE STEPS TO CONSIDER BY THE EMPLOYER

TRUE - THIS IS AT THE LEVEL OF THE LABOUR RELATIONS ACT!

Even if the worker is incapacitated, what factors should be looked at

THIS IS THE PROCEDURE TO FOLLOW UNDER LRA

“what can they do i.e.residual function?” and how can they be accomodated?”

The extent to which they can do the work “functional capacity”

“CAN THE FOLLOWING BE DONE?”

Work circumstances altered

Work duties altered

Alternative duties/work

LRA PROCEDURE FOR DISMISSAL

FAIR REASON

FAIR PROCEDURE

RESIDUAL CAPACITY

ACCOMODATIONS AND ALTERNATIVE WORK

BREATHYLISER POSITIVE, ZERO TOLERANCE DOESNT WORK!!

HAVE TO FOLLOW THE LRA PROCEDURE OTHERWISE ITS AN UNFAIR DISMISSAL

IF PRESENTED WITH A CASE OF DISMISSAL FOR ALCOHOL OR SUBSTANCES 1ST START WITH IS IT A MISCONDUCT ROUTE OR MEDICAL INCAPACITY ROUTE

TRUE!

EMPLOYEE - NOT ALCOHOLIC- UNDER INFLUENCE

EMPLOYEE - REFUSES TO CO OPERATE DESPITE HAVING A RECOGNISED PROBLEM E.G. ACCOMODATED, DOESNT GO FOR REHAB, REFUSES THE EAP ASSISTANCE

MISCONDUCT

MAGAGUDELA VS TANKER SERVICES

DISMISSAL LINKED TO THE INHERENT JOB REQUIRMENTS

SUFFICIENTLY SERIOUS

UNDER THE INFLUENCE UPTO 48 HOURS

“DETERIMENTAL TO ALERTNESS” “DEHYDRATION” ESP PILOTS

ACUTELY INTOXICATED IN THE FIELDS LOOKING AFTER SHEEP NOT IN DANGER TO HIMSELF OR OTHERS TO A PILOT WHO IS NOT ACUTELY INTOXICATED BUT DID NOT HAVE A GOOD NIGHT SLEEP BECAUSE OF PREVIOUS ALCHOL CONSUMPTION

“UNDER IN INFLEUNCE” LOOK AT INHEREN JOB REQUIRMENTS AND SERIOUSNESS

TRUE OR FALSE POSITIVES FOR A URINE TEST MUST BE CONSIDERED

TRUE

IF EMPLOYEE ADMITS PROBLEM

1. MEDICAL INCAPACITY PROCEDURE

2. COUSELLING, REHAB

3. EAP

4. DOESNT COOPERATE - DISMISSAL

IF DEINIES - NOTE, MISCONDUCT, DISCIPLINARY ACTION

A test is not required to say if a person is under the influence or not

True - can be observed “appears”

If there is a rule or policy in place and refuses testing is insubordination and misconduct

true

Testing can be done by a lay person

Testing does not always require blood, urine or saliva

true, traffic cop, clinical evaluation

Breathyliser

may be used as only finding, no symptoms required, but need evidence of correctness

Can be done by anybody but training is compulsory. e.g. SECURITY GUARD WITH TRAINING ACCEPTED. DOCTOR WITHOUT TRAINING NOT ACCEPTED

CONDITIONS FOR BREATHYLISER FOR EVIDENCE

RELIABLE

CALIBRATED

WORKING ORDER

TRAINING

ADMINISTERED PROPERLY(SOP)

PERSON SHOWN TO BE UNDER THE INFLUENCE

CLINICAL EVALUATION

PROFORMA

TWO WITNESSES

RED EYES, ALCOHOL ON BREATH, SLURRED SPEECH, UNSTEADY, DILATED PUPILS..KEEP NOTES, KEEP CALM. SOME CLINICAL TESTS: ROMBERG, PICK UP PIN

EMPLOYEE SAFE

FOLLOW-UP/MEDICAL CONSULT

RANDOM, ROUTINE TESTING

NOT RECOMMENDED

UNLESS COMPANY POLICY

EAP

Team approach

Formal policy

Financial problems, stress, harassment, bereavement, substance abuse

Various issues

Cannabis

Decriminalized

In Private. Not only dwelling

Adult personal consumption in private

Possession,cultivation, personal consumption

Cannabinoids

Delta 9 THC psychoactive

CBD - active, but not psychoactive

Metabolism

Hydrolyxation and conjugation liver

11 hydroxy THC - psychoactive

11 carboxy THC - not psychoactive

Phase 2 conjugation and inactivition

Water soluble excreted by Kidney

Urine Test

Hydroxy THC is important

Can't just test THC

Workplace requirements

Duty on employer to prevent accidents and have a safe workplacs

Have to enforce according to the OSH act

Cannot bring to workplace

Cannot be under influence

Workplace is not private place

What are your reasons for not allowing cannabis

1. OHS Act

   Employer has to provide a safe work place and enforce it

2. general safety - is or appears not allowed to enter or remain

3. Conduct and performance of employees affected

4. Non consenting employees exposed

5. Not a private space

MHSA

Can be arrested by manager

Criminal offense to come to mine if intoxicated

Legal framework

Cannot enter if intoxicated or appears intoxicated

Cannot be in possession

Cannot partake or offer

Not a private place

Cannot place other employees at risk

Clear guidelines prohibited cannabis in workplace, classify workplace as public place and if employee found to be under influence, manage according to disciplinary procedures and ensure there is a clear policy in place

Urine test

Doesn't show someone is under the influence

Metabolites can remain for a long time

Blood

11 hydroxy THC remains high for a longer time. 4 hours reaches a level 1-4 hours. After 4 hours metabolised.

Urine test - cannot tell if under the influence , 2 weeks, inactive metabolites and poor correlation with when Last smoked

Saliva

Psychoactive compounds

No established levels

International for a screening 2 and blood confirm at 4

Saliva

Psychoactive compounds tested

Legal cut off levels not established

10 - 40 nanograms.

What about safety critical jobs. If test at 40, well above the safety limit