Employees and alcohol: working under the influence

Employees that report for duty under the influence of alcohol present a real problem which employers are faced with on a regular basis. The use of alcohol affects an employee’s sight, speech, coordination and reaction speed. Employees working with machinery or driving a vehicle, who are under the influence of alcohol, hold a high risk for the employer, themselves and their colleagues. It is the employer’s responsibility to create a safe working environment for all employees and must therefore always act in accordance with the disciplinary code.

HOW TO DETERMINE IF AN EMPLOYEE IS UNDER THE INFLUENCE

Labour legislation does not specify the symptoms to determine whether an employee is under the influence of alcohol. Therefore it is vital to implement an alcohol policy in the workplace. Employees can also be tested for alcohol during working hours, but only if this is stipulated in their employment contracts or in an alcohol policy, or if the employee has given his/her permission.

In general, employers can consider the following symptoms in order to determine whether an employee is under the influence of alcohol:

• Red and bloodshot eyes with enlarged pupils;
•  Slurred and incoherent speech;
• Change in behaviour;
• Staggering, i.e. the employee is disoriented;
• Attitude / Reaction;
• Out of character reaction to questions;
• Breath smells like alcohol .
• Eye focus;
• Eye / hand co-ordination /delayed reaction and coordination;
• General demeanour and appearance.

How to act when an employee is under the influence:

• Call the employee aside, preferably to an office.  Ensure that a witness is present.
• Determine whether the employee is under the influence.  Request the employee to blow into an alcohol tester.  If you do not have such a device, you can take the employee to a physician for blood tests to determine his/her alcohol level.
• If none of these methods are available, or if the employee refuses to give his/her cooperation and permission, it is vital to record his/her behaviour.  Ask witnesses to also record their observations, which must be in writing.
• If you have determined that the employee is under the influence, or reasonably suspect same, then send the employee home for the rest of the day, without pay, and request the employee to report again for work the following day.
• Follow the correct procedure as per your disciplinary code and related workplace policies.  Keep in mind that the sanction given must be appropriate in relation to the type of work performed by the employee.