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Provided by the Commission for Conciliation, Mediation and Arbitration (CCMA)

By Sarah Modise 

 

Substance abuse in the workplace may, in many cases, be found to be a dismissible offence. Although this can be viewed to be an individual's problem, it can also affect an employee's performance at work resulting in absenteeism, accidents, illness and mortality – all of which could add to the employer's costs.


Substance abuse has been linked to negative occurrences in the workplace such as stress, monotonous work, shift work, work requiring relocation and the frequent changes in co-workers and supervisors (ILO). The aim of this article is to examine how substance abuse affects the workplace and what measures employers and employee representatives could implement in order to eliminate the problem.


HOW SUBSTANCE ABUSE AFFECT THE WORKPLACE

The issue of substance abuse in the workplace has always been met with a dismissive attitude and swept under the carpet. However, when all incidents at work are accessed collectively it becomes important for the company to see it as a great concern. According to studies conducted by the International Labour Organisation (ILO) on the abuse of alcohol and drugs in the workplace, the following was found:

• Absenteeism of employees with alcohol and drug problems was three times higher than for other employees,
• Employees with chemical dependence problems claimed sick benefits three times more than other employees and also made compensation claims five times more than other employees,
• 20% to 25% of injuries in the workplace involved employees under the influence of alcohol, and
• Drugs and alcohol supplied at work amounts to 15% to 30% of all accidents at work.

It is not only heavy drinking that might result in incidents at work, but even low quantities of alcohol consumption have resulted in incidents. A study conducted in the 1990's has shown that even though alcohol is consumed in small quantities the effects can be costly for the employer. The study was conducted amongst airline pilots performing routine tasks in a simulator under three alcohol conditions. The outcome was that, before the pilots could drink any alcohol, 10% of them could not perform all tasks correctly. After a blood alcohol concentration of 0.10/100ml, 89% could not perform all the operations correctly and after all the alcohol had left their system, 68% could not perform all the operations.

Clearly this reveals that substance abuse should not be seen as only affecting heavy users as incidents can result from the consumption of low quantities of alcohol as well. Thus, it becomes important for employers to implement preventative measures and management programmes rather than just concentrating on the identification and rehabilitation of heavy users.
  
MEASURES TO ASSIST IN THE PREVENTION AND CONTROL OF "SUBSTANCE ABUSE"

The workplace can play an important role in preventing and providing remedies for substance abusers. The ILO has a code of conduct on the management of alcohol and drug related issues in the workplace. This can serve as a guideline for employers wishing to implement appropriate measures to prevent, reduce and control alcohol and drug related problems in the workplace.

DEVELOPMENT OF AN ALCOHOL AND DRUG POLICY FOR THE WORKPLACE

According to the code employers, together with employee representatives, should develop, in writing, a policy on alcohol and drug abuse. If possible, the policy should be formulated with the help of medical personnel and other experts who have specialised knowledge regarding alcohol and drug related problems. The policy should include information and procedures on:

• Measures to control "substance abuse" in the workplace through good employment practices

The code advises that where it is shown that certain job situations may contribute to substance abuse the employer together with the employee representatives should identify and take appropriate preventative or remedial action. Workers and their representatives should also not formally or informally support behaviour, which incites, encourages or otherwise facilitates the harmful use of alcohol or the abuse of drugs on the premises. When an employee voluntarily discloses a previous history of substance abuse, the employer should take steps to ensure that the employee is not exposed to a working situation which might, in the past, have resulted in the employee's problem.

• Restriction on alcohol, legal and illegal drugs in the workplace

The employer together with consulting parties should consider restricting or prohibiting the possession, or consumption and the selling of alcohol in the workplace. The employer should, after consultation with employee representatives, consider withdrawing alcohol as an item for expense account reimbursement or restrict it to specific situations. Employers should also be prevented from paying any wages in the form of alcohol or drugs. The above should apply to both management and workers. In those instances were medication might result in significant impairment, the employee should consult a health professional and inform his/her senior in accordance to normal procedures for absence for health reasons.

• Prevention through information, education and training programmes

The code advocates that employers should promote safety and health in the workplace through information, education and training programmes on the physical and psychological effects of alcohol and drug use. These programmes should be directed at all employees. The information, education and training programmes should also include the following information:


- General and specific to the workplace laws and regulations on alcohol and drugs,
- Suggested steps to prevent such problems from occurring, and
- Services available to assist the employees both within and outside the workplace. This will include information on assessment and referral services, counselling, treatment and rehabilitation.

It is recommended that managerial staff should be provided with additional training in order to assist them in identifying changes in the individual's performance and behaviour. The training will also equip managers with the necessary skills to respond to questions regarding the company policy on alcohol and drugs. After the training, they will also be able to support a recovering worker's needs and monitor that individual's performance when he/she returns to work.

Additional training should also be provided to employee representatives In order to enable them to assist employees who require help and to identify working methods or conditions that need to be changed or improved to prevent, reduce or better the management of alcohol and drug related problems. Training would further assist them in explaining and responding to questions related to company policies regarding alcohol and drugs.


• Identification

Identification of employees with problems could be conducted at different levels, including, self-assessment, and informal identification through a friend, family member or fellow employee and formal identification. Formal identification may include testing and should be done in accordance to the applicable laws and practices.


• Assistance, treatment and rehabilitation programmes

The code further suggests that employees with alcohol or drug related problems should be treated in the same manner as workers with other health problems. Therefore, workers who seek rehabilitation should not be discriminated against and should enjoy the normal benefits that are offered by an employer including the opportunity for transfer and promotion. The exceptions are in those cases where it has been identified that the employee is no longer fit to do their work. In such instances, the employer should assist the employee to obtain access to counselling, treatment and rehabilitation.

Assistance to employees with problems could vary according to the size of the company. Small companies could assist by providing employees with the names of identified professionals and services that specialise in counselling, treatment and the rehabilitation of employees, for example, self help groups such as Alcoholic Anonymous (AA). Big companies, on the other hand, might consider the establishment of an Employee Assistance Programmes (EAP). In other instances, employees might consider establishing their own programme.

• Intervention and disciplinary procedure

The code additionally recommends that employers should be aware that an employee who suffers from an alcohol and/or drug problem might also be suffering from a health problem and should consider offering counselling, treatment or rehabilitation as an alternative before deciding to discipline the employee. Disciplinary rules regarding substance abuse should be communicated to employees so that they are clear in terms of what is prohibited and the type of sanctions for the violation of such rules.

CONCLUSION

More and more employers have established substance abuse programmes in order to respond to the problems that are created by drugs and alcohol in the workplace. These programmes save money and in some cases, they save careers, families and lives. In an effort to raise awareness about the impact of substance abuse in the workplace, the ILO implemented its code in 1995. Although dated, the code is still relevant and can assist employers develop and maintain an alcohol and drug free workplace. It is in the interest of each employer to implement such a policy, if it has not done so already. The failure to do so will continue to adversely affect one's workplace and have a serious impact upon productivity.

REFERENCES

Mukhi, Niloufer. (undated) How decent is your workplace? ILO publication. www.ilo.org.za - accessed in January 2004. International Labour Organisation. Drug and alcohol-abuse- an important workplace issue. ILO publication, Geneva. www.ilo.org.za - accessed in January 2004. International Labour Organisation. Code of conduct on the management of alcohol-and drug-related issues in the workplace. ILO publication, Geneva. www.ilo.org.za - accessed in January 2004.

 

What does POPI compliance mean?

By Jan du Toit

 

Latest developments – Registration of Information Officers:

 

On 17 May 2021 the Information Regulator’s long awaited online portal went live for the registration of Information and Deputy Information Officers.

 

The Information Officer of a Responsible Party is the person at the head of your company (CEO or MD) or any person acting in such capacity, or specifically appointed by the MD or CEO to be the Information Officer. Registration must be completed before the end for June 2021.

 

The address for the portal is  https://justice.gov.za/inforeg/portal.html   

 

The following information is required to successfully register: 

  • Company name.

  • Company registration number.

  • Company type.

  • Company physical and postal addresses.

  • Company telephone and fax numbers.

  • Information Officer gender, nationality, full name and surname, ID or passport number.

  • Deputy Information Officers same details as per above.

 

POPIA Compliance – what must be done?

With a little more than a month left before POPI becomes fully effective, many employers may find themselves out of time to become fully compliant to amongst other considerations, the 8 processing conditions prescribed in the Protection of Personal Information Act.

 

To be considered compliant the following must be considered and applied in the business of a Responsible Party before 1 July 2021. 

  1. POPI training / awareness sessions for the CEO / MD, managers and others tasked with the company’s POPI compliance project. Have a look on our website for the next POPIA training dates.

  2. Compliance audit to be conducted company-wide per department / division to determine the current processing practices within the organization and to establish what needs to be done to be compliant.

  3. Correction of contraventions as identified, and to introduce reasonable technical and organizational measures to prevent the loss or unauthorized access of Personal Information.

  4. Introduction of Data Subject rights and consent in the business through policies and consent clauses / paragraphs / contracts.

  5. The introduction of a PAIA manual (Promotion of Access to Information Act) that incorporates data subject rights and participation in terms of POPIA. This manual must be published on one of the company’s websites. It is also important to note that the current exemption granted by the Minister of Justice for some business to not have such a manual in place currently, expires at the end of June 2021.

  6. General staff POPI policy and legislation awareness training.

  7. Registration of the company’s Information Officer (the CEO, MD or any person acting in such position).

  8. Follow-up assessment on compliance measures and adherence thereto.

 

It is important to note that no institution, not even the Information Regulator, can “accredit” any Responsible Party in South Africa to be compliant in terms of legislation. Compliance (or otherwise) will only be determined should an investigation be launched by the Information Regulator following a complaint. Should such an investigation confirm a lack of compliance, consequences such an administrative fine not exceeding R10m may follow (which one may luckily pay off in instalments). Further to this those whose rights are infringed upon by a Responsible Party not adhering to the requirements of POPIA, may also institute civil proceedings. Such  proceedings may result in compensation being awarded for loss, as well as aggravated damages determined at the discretion of the court.

 

In terms of section 19 of the Act, the Responsible Party (business owner / employer) is required to introduce reasonable organizational and technical measures to secure the integrity and confidentiality of Personal Information. The organizational measures referred  to above includes inter alia both internal and external policies to introduce the principle of protection of personal information in the workplace, as well as the rights of data subjects.

 

To allow you more time to focus on your business, the author of this article compiled a bundle of detailed policies for your business, ready to use. This includes all relevant forms to be used and a template document with draft consent clauses / paragraphs / rules  to be incorporated into service and employment contracts, job applications, credit and other applications forms, WhatsApp and Facebook groups / pages, and Independent Contractor agreements.

 

Also included is an Operator Agreement as required in terms of section 21 of the Act and a consent letter for existing clients / service providers, to agree to the continued processing of their Personal Information beyond June 2021.

 

The policies bundle includes: 

  • Privacy notice template to be published on your website.

  • Personal information protection policy.

  • Personal information retention policy.

  • Data breach policy.

  • Data breach register - form.

  • Data breach report - form.

  • Data security policy.

  • Data subject access request policy and procedures.

  • Data subject access request forms.

  • Processing agreement with third parties as Operators - contract.

  • Data subject participation - draft consent paragraphs / clauses to be incorporated into service and employment contracts, job applications, credit and other applications forms, WhatsApp and Facebook groups / pages and Independent Contractor agreements

  • Guidelines on the appointment of deputy information officers, inclusive of appointment letter.

 

For only R3750 you can now order you set of POPI policies, ready to use. Contact Jan du Toit for further assistance at [email protected]

 

 

 

 

 

 

 

 

Courses and Workshops

 

                   

 

POPIA: Protection of Personal Information Act

22 June 2021 (09:00 - 12:00) Fully Booked)

Interactive Online Course

22 June 2021 (13:00 - 16:00) (Fully Booked)

Interactive Online Course

23 June 2021 (09:00 - 12:00) (Fully Booked)

Interactive Online Course

23 June 2021 (13:00 - 16:00) (Fully Booked)

Interactive Online Course

29 June 2021 (09:00 - 12:00) Fully Booked)

Interactive Online Course

30 June 2021 (13:00 - 16:00)

Interactive Online Course

COVID-19 Workplace Compliance Health, Safety and Claims Management Course

23 & 24 June 2021 (08:30 - 13:00)

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Basic Labour Relations

24 June 2021 (09:00 - 16:00) (Fully Booked)

Interactive Online Course

29 July 2021 (09:00 - 16:00)

Interactive Online Course

AARTO and the Impact on Your Business

25 June 2021 (09:00 - 12:00)

Interactive Online Course

Employment Equity Committee Training

02 July 2021 (09:00 - 16:00)

Interactive Online Course

Workshop Chairing Disciplinary Hearings

15 & 16 July 2021 (09:00 - 16:00)

Interactive Online Course

Compensation for Occupational Injuries and Diseases Course

16 July 2021 (09:00 - 12:00)

Interactive Online Course

Managing Poor Performance/ Incapacity

22 July 2021 (09:00 - 12:00)

Interactive Online Course

Management and Leadership Skills

28, 29 & 30 July 2021 (08:30 - 16:00)

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The OHS Act and the Responsibilities of Management

29 July 2021 (08:30 – 16:00)

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