Employers are often faced with employees being addicted to drugs or alcohol while in employment. What are their responsibilities toward those employees and how should the problem be handled?
Alcoholism and substance dependence is a kind of incapacity and not misconduct
There are several South African Acts legislating how addiction and abuse should be handled in the workplace:
- The Constitution of the Republic of South Africa (108 of 1996);
- The Prevention of and Treatment for Substance Abuse Act (70 of 2008);
- The Occupational Health and Safety Act (85 of 1993) ;
- The Compensation for Occupational Injuries and Diseases Act (130 of 1993);
- The Employment Equity Act (55 of 1998);
- The Labour Relations Act (66 of 1995);
- The South African Labour Guide (RSA, 2011:1-3).
It is clear from these acts that substance dependence should be handled as incapacity and not a kind of misconduct. Therefore, an employee cannot be dismissed for unsatisfactory performance due to his condition, but the employer should consider appropriate counselling and rehabilitation steps. Legislation doesn’t stipulate that the employer has to pay for the rehabilitation process but should consider the steps to be taken. Some companies have the financial means to pay for these rehabilitation programs while others might not be in the position to do so.
Guidelines for policies
Every company must have a clear policy on substance abuse in the workplace. The Services Seta (2003a:41-42) proposes guidelines for a workplace substance abuse policy in terms of which companies should provide the following workplace substance abuse programmes:
- Education and awareness programmes;
- Prevention programmes;
- Programmes to promote openness, acceptance and care for affected employees;
- Treatment programmes.
How can an employer assist an employee who is an addict?
The International Labour Organisation has a “code of
conduct on the management of alcohol-and drug-related issues in the workplace”.
According to this code, an employer should assist such an employee to obtain
access to counselling, treatment and rehabilitation.
“Assistance” could be providing
employees with the names and contact details of identified professionals and
services that specialise in counselling, treatment and rehabilitation. Examples
are psychologists, psychiatrists, social workers, medical professionals, self-help
groups such as Alcoholic Anonymous (AA), Narcotics Anonymous (NA) and etcetera.
Some companies might have Employee Assistance Programmes (EAP). The definition
of an EAP according to The Employee Assistance
Professionals Association (EAPA) of South Africa is as follows:
“…a worksite-based programme designed to assist in the identification and resolution of productivity problems associated with employees impaired by personal concerns including, but not limited to: health, marital, family, financial, alcohol, drug, legal, emotional, stress, or other personal concerns which may adversely affect employee job performance” (Services Seta, 2003b:5).
EAP’s should be support structures in the workplace. They can play a meaningful role in the early detection of addiction and can do referrals to appropriate facilities where special treatment is available.
It is important that an employee, with an addiction, is treated as any other individual who has a medical problem, and that no victimisation or segregation of such persons be done in the workplace.
Resources:
The relevant acts as
mentioned, the International Labour Organisations’ “Code of conduct on the
management of alcohol-and drug-related issues in the workplace” and the Services Seta (2003a:41-42).
About the Author:
Charle Koegelenberg started
his career at SEESA in January 2009. He is a Labour Legal Advisor and also acts
as a Training Facilitator at SEESA’s Kimberley branch.