BEING SENSITIVE: Employees need to be respected, regardless of management suspicions Picture: GALLO/GETTY IMAGES

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• Cases involving drink and drugs at work

And even if the policy exists, the matter needs to be handled properly, or the company could be taken to the CCMA or the Labour Court.

Dr Tim Laurens, technical director of the forensic division at the University of Pretoria, says that alleged offenders have to be treated " fairly with due regard to their basic human rights".

Imelda Neate, the CEO of African operations for Drug Testing Africa, which provides drugs-testing equipment, says management has to be careful but decisive when they suspect drug abuse.

"The South African labour courts have found that the prevention of alcohol abuse at work is a management responsibility": it is up to the employer to ensure that employees do not start work if they are intoxicated.

"This would also apply to employees under the influence of drugs or other potentially harmful substances," Neate says.

Derek Jackson, a consultant with the South African Labour Guide, says case law shows that employers must have a clear policy on alcohol and drug consumption if they want to test for drugs.

"The policy should be clear: firstly, zero tolerance. Do not allow for limits in your policy. Secondly, the policy must stipulate your test procedure. For example, a breathalyser test for alcohol will be required - or a urine test for drugs. The policy must state that note will be taken of circumstantial evidence, such as bloodshot eyes, slurred speech, the smell of alcohol on the breath, unsteadiness ... and (a) dishevelled appearance."

Neate agrees that a policy must be in place before drugs tests may be administered. Other requirements are that:

• The test is relevant and appropriate to the job;
• The test is unbiased in its application and interpretation;
• It must be made clear that the testing is for drug abuse - not to find out whether an employee has some dread disease, like HIV/Aids;
• Employees have been informed as to the nature and purpose of the test; and:
• Employees have been told that results of the test will be restricted to the worker and his manager.

If these issues are not properly addressed, a drugs test can cause enormous stress to workers.

Says Neate: "Most employees are very apprehensive when they are told that they have to undergo a drug test. Many of the employees are scared that they will lose their job, even though they may not even have used a substance.

"This could be because they have not been properly informed (as to) how the test works, what it will find and the actions and procedure after test results have been obtained.

"On occasions where our testing officers have gone to perform on-site screen tests, we have been asked whether the test will pick up if the individual is pregnant or will it pick up TB, etc. This clearly (gives) the message that the employees are uninformed and that employee awareness and training is lacking."

She says more companies are testing employees for drugs today than they were five years ago, although this might not indicate higher usage but rather a greater awareness of the problem.

"Besides a company's social responsibility towards the health and safety of employees, the amount of revenue lost in business as a result of health issues is astronomical."