WHEN Rethabile got to work one Monday morning, her boss told her they were doing drug tests and that she would have to give them a urine sample before going to her office.
But this sudden conduct had never happened before.
And Rethabile and her colleagues weren’t forewarned about any upcoming tests.
But Azikhiphi!
That’s not on!
Afraid she might lose her job if she refused, Rethabile, a Scorpion Legal Protection policyholder, phoned her lawyer to find out what her rights were.
The drug law in our country was established to protect and prevent the use of, possession of, or dealing in drugs and of certain acts, including the manufacturing or the supply of certain illegal substances.
Along with the Drugs and Drug Trafficking Act of 1992, the Occupational Health and Safety Act is applied to protect the health and safety of persons in the workplace.
According to these laws, it is illegal to be under the influence of drugs or alcohol while at work.
What are your rights?
Section 14 of the Bill of Rights states “everyone has the right to privacy”.
This includes the right not to have yourself or your home searched, your property searched, or your possessions taken, or any invasive tests done that you did not consent to.
But the South African Police Service does have the right to search and/or take your property if they have reason to believe you are involved in the dealing or possession of drugs.
If the company you work for wants to do a drug test, your employers have to follow the right processes.
Five things to remember about drug tests at work:
- You have the right to refuse a drug test if you have a valid reason.
- Your employer cannot force or threaten you to take a drug test.
- Your employer can only do a drug test if you have consented to it.
- If you refuse a drug test, the commissioner may rule that you gave up your chance to prove your innocence.
- Only an officer of the same sex as you is allowed to search and/or test you.
How to strike back
- An employer can do drug tests on employees, but only if they have made them aware of this, either when signing their contract, or before the intended tests.
- Remember, all this is subject to you giving permission.
- The law is there to protect you, and if anyone tries to force you to do something that is against the law, you can strike back.
As a Scorpion policyholder, Rethabile could avoid taking the drug test because her employer had not followed the right processes.
Scorpion Legal Protection assists policyholders like Rethabile with cases on drug law.
For more information, or to join, SMS “Learn” to 34453 and Scorpion’s friendly agents will call you back with more details.
Please note: This is only general advice and should not be relied upon solely.
Remember, the law in its entirety, is complicated and there are many influencing factors that can change the above circumstances.
