SUBSTANCE ABUSE POLICY

(1)

All rights reserved. No part of this document may be reproduced, translated, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written approval of the Institute.

SUBSTANCE ABUSE

POLICY

DOCUMENT NUMBER

HRM33 Revision 1 (April 2018)

DATE OF ISSUE 24 APRIL 2018

(2)

APPROVALS

Meeting Date Action Revision Approved by

EXCO 26.03.18 Recommended 1

(3)

This policy and procedure is necessary to ensure that all employees are informed, as to the seriousness and consequence of substance abuse in the workplace. Being under the influence of substances such as alcohol and drugs whilst performing duties is a serious breach. SANEDI cannot condone such breaches, and, where dependence is not proven, the disciplinary procedure will be invoked.

2. PURPOSE OF POLICY

The purpose of the policy is to ensure that processes are in place to support employees, who admit to substance dependence, as SANEDI wishes to acknowledge its responsibility, offer the required assistance with the rehabilitation of these individuals.

3. SCOPE

This policy applies to all SANEDI employees.

4. DEFINITIONS

“Institute” means SANEDI

“Substance” means habit-forming substances with a narcotic effect that include amongst others alcohol, solvents, prescription drugs such as analgesics, cough syrups, diet preparations and stimulants that may or may not be taken with direct medical supervision, as well as illicit drugs such as, but not limited to, marijuana, cocaine, ecstasy and tik.

“Workplace” means all SANEDI’s buildings, as well as any situation, within or outside working hours, where the employee is identified as part of, or acting as a representative of SANEDI.

(5)

5. SPECIFIC REQUIREMENTS 5.1 Principles

SANEDI is committing to assisting any employee who admits that they have a substance dependency in a fair and appropriate manner with regard to their particular circumstances. As such, no employee should be subjected to any form of victimisation or unfair discrimination as a result of his/her disclosure.

The degree of dependency will determine the appropriate steps to be considered:

 Counselling and/or

 Rehabilitation treatment. 5.2 Process diagram

The flow chart attached as Annexure A provides a diagram of the process to be followed in the case of suspected influence of narcotic substance(s).

6. PROCEDURE

6.1 Employee suspected to be under the influence of narcotic substance(s)

In the eventuality that management suspects that an employee may be under the influence or involved in taking a narcotic substance(s) at work, the following procedure will apply:

 If management or any member of staff is of the opinion that an employee has diminished capacity as a result of being under the influence of a substance at work, the employee will be prohibited from continuing work.

 Attempts shall be made to establish the employee’s inability to perform duty due to the influence of the substance and/or consumption thereof at work.

 The employee’s physical appearance, e.g. blood shot eyes, slurred speech, being unsteady on his/her feet, smell of alcohol on breath and impaired co-ordination are all important indicators. If the employee will not or cannot give a reasonable and an acceptable explanation for these physical signs; it shall be recorded and used as evidence in an enquiry.

 Management will obtain a second opinion to support its perception that the employee appears to be under the influence of a narcotic substance(s).

(6)

 In the case of suspected alcohol use, and where management has access to a breathalyser, the employee will be requested to undergo a breathalyser test. A refusal to undertake the test could be considered an indication that the employee does have traces of alcohol to conceal. When an employee refuses to take a breathalyser test; he/she shall give an opportunity to provide

reasons for his/her refusal. He/she shall be warned that an adverse inference will be drawn from the refusal.

 A medical examination may be arranged where blood and or urine tests may be undertaken. In these cases the consent of the employee shall be obtained in writing.

 The breathalyser is not able to record usage of other substances and therefore urine/blood tests conducted by a registered medical practitioner are needed.

6.2 Fit to perform duties

In the event that management is not able to prove the alleged inability to perform, the employee is assumed to be fit to perform duties and is to resume duty immediately.

6.3 Not fit to Perform

If management is not satisfied that the employee is fit to perform due to tests and observations, the employee will have his/her duties curtailed and be suspended with pay, subject to a disciplinary enquiry.

The employee will be given notice in terms of the Disciplinary Procedure to attend a disciplinary enquiry where his/her alleged offence will be heard.

The enquiry will only take place when all traces of the substance, e.g. alcohol or drugs, no longer appear in the employee’s system. Therefore a drug related enquiry will have to be delayed, subject to a medical clearance from a registered medical practitioner.

The employee shall be informed that undue delaying of the clearance certificate from the doctor could be to his/her disadvantage financially, as a finding of guilty at the enquiry will result in SANEDI recouping the moneys paid out during the suspension with pay.

(7)

6.4 Disciplinary enquiry

The disciplinary enquiry will be held in terms of SANEDI’s Disciplinary Procedure. The following findings could be reached at the conclusion of this enquiry:

 Not guilty

 Guilty of misconduct

 Incapacity 1

6.4.1 Not guilty

In the event of the employee being found not guilty, SANEDI will not impose a sanction and the employee shall resume his/her normal duties.

6.4.2 Guilty of Misconduct

In the event of the employee being found guilty, the period of suspension with pay will be overturned and the payments deducted. In the event of no mitigation, the employees may be dismissed without notice. Will there be mitigating factors, which do have an influence on the finding; a lesser sanction may be imposed.

6.4.3 Incapacity

If the enquiry’s finding is guilty, but the employee is able to convince and prove to the Chairperson that he/she has a dependence on a substance(s), a consultative route will be followed, which could include rehabilitation.

7. CONSEQUENCES OF NOT ADHERING TO THIS POLICY

Failure and/or refusal to comply with this policy shall constitute a serious disciplinary offence.

8. REVIEW AND UPDATE

This policy will be reviewed at least every three years or earlier if necessary to provide for legislative and operational changes. This policy will be updated when deemed necessary.

(8)

9. EFFECTIVE DATE

This policy shall come into effect on the date of approval by the Board and supersede any previous versions of the policy.

10. LINKS TO RELATED PROCESS FLOWS, STANDARD DOCUMENTS AND REPORTS

(9)

APPENDIX A: SUBSTANCE DEPENDENCE / ABUSE PROCESS DIAGRAM SUSPICION

MANAGEMENT PROHIBITS CONTINUATION OF DUTIES

NOT FIT TO PERFORM FIT TO PERFORM

SUSPEND WITH PAY PENDING ENQUIRY RESUME DUTIES PROOF OF DEBILITATION DISCIPLINARY ENQUIRY SANCTION BASED ON MITIGATION DISMISSAL NO MITIGATION NOT GUILTY GUILTY SUSPENSION UNPAID NO SANCTION RETURN TO DUTY PROVE ILLNESS/

DEPENDENCE

CONSULTATION – INCLUDE REHABILITATION (IF APPROPRIATE)

SUBSTANCE ABUSE POLICY

SUBSTANCE ABUSE

POLICY

APPROVALS

TABLE OF CONTENTS