On September 18 the Constitutional Court decriminalised the possession, consumption and private cultivation of cannabis for private use at home.
There has been widespread reaction in the industry regarding the potential impact at the workplace, specifically related to health and safety. Sister Nellie Nel of IndusMed answers the question about whether employers will have to amend their policies and disciplinary codes.
The General Safety Regulations of May 1986 reads: Intoxication 2A.(1) Subject to the provisions of sub-regulation (3), an employer or a user, as the case may be, shall not permit any person who is or who appears to be under the influence of intoxicating liquor or drugs to enter or remain at a workplace. (2) Subject to the provisions of sub-regulation (3), no person at a workplace shall be under the influence of or have in his or her possession or partake of or offer any other person intoxicating liquor or drugs.
So, while smoking dagga in the privacy of your home is now legal, arriving at work under the influence remains illegal. The issue is how do we test or determine if a person is under the influence of dagga?
Current testing methods determine the presence of dagga in the system, but do not determine the level of intoxication. I recommend companies amend their drug and alcohol policies to fit in with the fact that it is now legal to smoke dagga at home.
Most contractors know when not to let an employee work because he is not quite on the same page as everyone else, but clever types will try to get around the system.
Let’s all ensure we do the best for the health of our staff and the safety of our clients. On a similar vein, the end of the year is fast approaching and employers must remember that in terms of health and safety regulations in the building industry, an employee is not allowed to work unless they are passed a yearly medical exam to ensure he is fit for duties.
Employers are entitled to ask for proof of this test. The last time I mentioned this I was attacked by those in our industry who feel this is unnecessary and just an additional cost. I make no apologies for trying to ensure we all abide by the regulations that surround our industry.
*Handy Mac, aka Don MacAlister, is our expert on household DIY issues. If you have a question for him, please send it to [email protected] or SMS only to 082 446 3859. Find Don on FB: