Human Resources Manual Phatshoane Henney inc. 2008

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1 Human Resources Manual Phatshoane Henney inc

2 P a g e 2 o f PURPOSE To provide a framework for addressing alcoholism and/or drug dependence, create awareness regarding alcohol and drug addiction prevention and ensure compliance with occupational health and safety legislation. 2. PRINCIPLES Alcoholism and/or drug dependence is a health and societal problem and employees suffering from these diseases require help, treatment and reasonable accommodation. The purpose of this policy is to: Efficiently manage alcohol and drug dependency. Create awareness on alcohol and drug prevention. Ensure safe working environment for employees, the employer s clients and visitors. Encourage self- referral and intervention at an early stage of dependency. (v) (vi) Ensure an alcohol and drug free environment. To ensure compliance with occupational health & safety legislation. 3. DRUG AND ALCOHOL DEPENDENCE 3.1. DISTINCTION BETWEEN MISCONDUCT AND INCAPACITY Misconduct Drug use and alcohol consumption at the employer is strictly prohibited. Any inappropriate use of drugs or alcohol at the workplace not related to a dependency is a disciplinary offence and the employer shall take appropriate disciplinary steps against the offenders in terms of the employer s disciplinary procedures. If, however at any stage during the disciplinary enquiry, it becomes apparent that the employee s conduct emanated from an alcohol or drug dependence, the disciplinary enquiry shall be suspended and the employee must be requested to submit himself/herself to rehabilitation. Should this latter request be declined the disciplinary enquiry must continue against the employee concerned. An employee taking any medication that can alter his/her mental or physical ability must report this fact to the head of department/line manager.

3 P a g e 3 o f 10 [A] Procedure to be followed when it is suspected that an employee is under the influence of alcohol Any person who suspects that an employee is under the influence of alcohol must immediately contact the alleged offender s head of department/line manager, or, alternatively, if such persons are not available, a senior member of the employer s management. The person so contacted (as mentioned above), must call the alleged offender to his/her office to determine if the allegations are correct. In doing so, the checklist for assessing intoxication as contained in Annexure B must be completed. Note: It is necessary that a witness and an employee representative nominated or agreed to by the employee, be present at such time. If, after taking the abovementioned observations, it is felt that the employee is under the influence of alcohol, he/she should be given the option to take a breathalyser / alcometer / blood alcohol test. Should the employee refuse to take such tests, this should be recorded and the employee sent home. Transport must be arranged, or a family member or friend contacted to collect him/her. The breathalyzer, alcometer or blood alcohol test can be conducted at the workplace (if possible) or a representative from the employer must accompany an employee to a medical practitioner, pharmacy, hospital or police station for the conducting of such tests (as applicable). Should the employee agree to take such tests, the following procedure must to be followed: The person conducting the test must be qualified to conduct such test. Ensure that the witnesses repeat, confirm and observe the readings on the instrumentation. Witnesses present for the employee and management should sign the record of the outcome of the test. (V) The breathalyzer test should be sealed and locked away at the employer. Should the test results prove positive, the employee is to be sent home. Transport must be arranged, or a family member, or friend, contacted to collect him/her. (vi) [B] Do not lay a charge or attempt to arrange or conduct a disciplinary enquiry while the employee is still under the influence. Procedure to be followed when it is suspected that an employee is under the influence of drugs

4 P a g e 4 o f 10 The person who suspects that an employee is under the influence of drugs must immediately contact the alleged offender s head of department/line manager, alternatively, if such persons are not available, a senior member of the employer s management. The person so contacted (as mentioned above), must call the alleged offender to his/her office to determine if the allegations are correct. Note: It is necessary that a witness and an employee representative nominated or agreed to by the employee, be present at such time. If, after taking the abovementioned observations, it is felt that the employee is under the influence, he/she should be given the option to take a blood test and urine sample. Should the employee refuse to take such tests, this should be recorded and the employee sent home. Transport must be arranged, or a family member or friend contacted to collect him/her. Should the person agree to take such a test, the following procedure is to be followed: The person/organisation taking the sample and conducting the blood analysis must be qualified to do so. The employee shall be taken by a representative of the employer to a medical practitioner, hospital or pathology lab for the collection of a blood and urinary sample from the employee and the forwarding of such sample to a laboratory for analysis. Once this has been done a written statement must be obtained from the person taking the sample and the results of the blood / urine test sealed and locked away at the employer. Do not lay a charge or attempt to arrange or conduct a disciplinary enquiry while the employee is still under the influence Incapacity Drug and alcohol dependence is a disease that leads to poor work performance on the part of the employee suffering from this disease. An employee displaying the symptoms of alcohol and drug dependence deserves the same treatment as any employee who is incapacitated due to any illness or injury, and the procedures relating to incapacity as contained in the employer s disciplinary policy must be followed ALCOHOL AND DRUG DEPENDENCE General Alcohol and drug use is considered to have the following impact at the workplace:

5 P a g e 5 o f 10 Low productivity on the part of the affected employee. Misconduct on the part of the employee and tarnishing of the image/reputation of the company. Destroying the employee s career and damaging employment relationships. Threatening the health and safety of an employee, fellow employees, clients and the general public. (v) Repeated absenteeism The employer s support system Employees who are dependent on drugs and alcohol must be encouraged to inform the head of department/line manager or their dependence and to voluntarily submit themselves for rehabilitation. Disclosure and admission of drug and alcohol dependency will be difficult, and such disclosures will be treated confidentially unless where the employer is under a legal obligation to disclose such information. The employer shall as far as reasonably possible assist employees undergoing rehabilitation, by providing the necessary advice, counseling (where possible) and providing information on rehabilitation centers. Employees suffering from alcohol and drug dependence shall be reasonably accommodated. Reasonable accommodation includes treating absence from work of the employee undergoing rehabilitation as sick leave, acknowledging that relapses may occur particularly in early stages of rehabilitation, and ensuring that when such employee resumes work pursuant to his/her recovery, he/she is engaged in the same position he/she previously occupied prior to the rehabilitation process. Fellow employees in the same department as the affected employee, should be given the necessary support and where possible be capacitated due to an increased amount of work and or responsibilities of an affected employee that they may have to share due to the his/her temporary absence Procedure for handling drug & alcohol dependence cases [A] The pre-incapacity procedure: Employees with a potential drug or alcohol dependence must be encouraged to advise the Office manager/hr Department of their dependence and the Office Manager/HR Department must encourage such employees to seek advice and submit themselves for rehabilitation at a specialist organisation dealing with rehabilitation.

6 P a g e 6 o f 10 Following the fist rehabilitation consultation an employee must provide the Office Manager/HR Department with a report detailing: The extent of the dependency; The rehabilitation started or planned; and The sick leave required by the employee for treatment/rehabilitation. If an employee suffers relapses following the rehabilitation, the employer may in its discretion require the employee to submit to further rehabilitation before invoking the incapacity procedure. The employer shall give support to an employee who acknowledges that he/she has an alcohol or drug dependence and shows commitment to recovery. Where an employee fails to admit that he/she has problem, and further fails to undergo rehabilitation, such an employee shall forfeit any reasonable accommodation by the employer and may be subjected to discipline for any unacceptable conduct consequent upon the usage of drugs and alcohol at workplace. [B] The incapacity procedure Where rehabilitation has failed, the employer may invoke an enquiry into the capacity of the employee and following such an enquiry, the following alternatives to dismissal may be considered by the employer (where possible)- demotion of the employee to a lower position where the effects of his/her disease may be less keenly felt; or transfer of the employee to another position. Where no such alternative position exist the employee s services may be terminated in terms of the incapacity procedure of the employer.

7 ANNEXURE A: DEPENDENCE SUPPORT CENTRES Drug & Alcohol Polic y P a g e 7 o f 10 SANCA P O BOX BRAAMFONTEIN (T) (F) STAANVAS CENTRE P O BOX ARCADIA (T) SALVATION ARMY PO BOX BRAAMFONTEIN (T) (F) NARCONON JOHANNESBURG PO BOX GARDENVIEW 2047

8 ANNEXURE B CHECKLIST FOR HANDLING A CASE OF PRESUMED INTOXICATION P a g e 8 o f 10 Employee: Dept/Unit: SUPERVISOR / MANAGER / HEAD OF DEPARTMENT If a person is presumed to be under the influence of intoxicating liquor or drugs and if his/her presence may constitute a threat to health and safety, he/she may not be allowed on or to remain on the employer s premises. An employee will be taken as reporting for duty when he/she enters the premises of the employer. The assessment in respect of a person who appears intoxicated, will take place at the Office Manager/HR Department or any private office. The following steps must be conducted: STEP I PRELIMINARY TEST Should any employee appear to be under the influence of intoxicating liquor or drugs to any employee of The employer at the premises of the employer, such employee will report such appearance to his/her head of department/line manager or to the Office Manager/HR Department. The head of department/line manager or Office Manager/HR Department representative will confirm his/her first impressions by application of a preliminary test based on the following physical observations: Smell Speech Appearance Memory Look at the employee, observe carefully, and indicate your observations by marking with an X in the applicable blocks below: Smell Does the employee smell of alcohol? Speech

9 P a g e 9 o f 10 Does the employee talk excessively? Is the employee s speech affected? Does the employee use foul or abusive language? Appearance Is the employee s clothing neat? Are his/her eyes red? Is the employee steady on his/her feet? Is the employee acting aggressively? Yes /No Are the movements of the employee uncoordinated Yes/No Does the employee sweat excessively? Yes/No Memory Can the employee answer simple questions, for example, time of day, day of week or about recent topical events? Yes/No In your opinion is there a reasonable possibility that the employee (on the balance of the abovementioned questions), is apparently under the influence of liquor or any other substance? Note: If the answer is NO, an employee may be allowed on premises. If YES, proceed to Step 2. STEP 2 If, after taking the abovementioned observations, it is felt that the employee is under the influence of alcohol, he/she should be given the option to take a breathalyser / alcometer / blood alcohol test. Should the employee refuse to take such tests, this should be recorded and the employee sent home. Transport must be arranged, or a family member or friend contacted to collect him/her. The breathalyzer, alcometer or blood alcohol test can be conducted at workplace or a representative from the employer must accompany an employee to a medical practitioner, pharmacy, hospital or police station for the conducting of such tests (as applicable).

10 P a g e 10 o f 10 Note: It is necessary that a witness and an employee representative nominated or agreed to by the employee, be present at such time. Head of department/line manager Time Date Human Resource Manager / Time Date Office Manager Employee or representative Time Date (If applicable)

Alcohol and Drug Policy

Alcohol and Drug Policy Co-ordinator: Lead of Review Group Reviewer: GAPF Policies Subgroup Approver: Grampian Area Partnership Forum (GAPF) Date approved by GAPF: September 2016 Review date: September