Revision: / 1
Page: / Page 2 of 20
/ Procedure
Title: /
Substance Abuse
/ Unique Identifier: / 32-37Document Type: / EPC
Revision: / 1
Total pages: / 20
Revision date: / October 2011
Classification / COntrolled Disclosure
COMPILED BY / FUNCTIONAL RESP. / AUTHORISED BY
...... ……….
CH Maphanga
Health and Wellness
Senior Advisor – EAP
(Human Resource Division)
Date: ……………………….. / ...... ……….
P Mkalipe
Health and Wellness
Manager
(Human Resources Division)
Date: ………………………… / ...... ……….
ME Letlape
Managing Director
(Human Resources Division)
Date: ………………………..
Content
Page
1Introduction 2
2Rules and Conditions 2
3Supporting Clauses 9
4Authorisation 14
5Revisions 14
6Development team 15
Annexures
Annex AIdentification by Observation Document (Confidential) 16
Annex BSubstance Abuse Test Report for Individual Tests (Confidential) 17
Annex CAlcohol Test Register for Random Testing of Groups (Confidential) 18
Annex DAppointment of the Tester 19
Annex E Employee, Consultant and Contractor Blood Test Consent Form…………….……...... 20
1Introduction
Eskom is committed to protecting the safety, health, and well-being of all employees and other individuals in the workplace. Eskom acknowledges that alcohol and substance abuse poses a significant threat to the business. Eskom is therefore, entitled to take reasonable steps to ensure that intoxicated persons are identified and prevented from entering, or working on, any of Eskom’s equipment and premises.
2Rules and Conditions
2.1The rules in relation to employees, contractors, consultants and visitors
2.1.1No person (including an employee, contractor, consultant or visitor) who is under the influence or who appears to be under the influence of intoxicating liquor or drugs, will be permitted to enter Eskom’s premises, to remain on Eskom’s premises, or to remain in control of Eskom’s equipment/vehicle or operate any machinery for Eskom while under such influence. Such a person shall be refused entry to, or be removed from, the premises.
2.1.2No person (including an employee, contractor, consultant or visitor) shall bring any intoxicating substances onto any of Eskom’s premises; this excludes all restaurants on Eskom premises.
2.1.3No person may allow another person to consume or engage in any improper or unlawful activity related to alcohol or drugs/controlled substances, while at an Eskom site or on Eskom business.
2.1.4All persons shall comply with any reasonable request to undergo ad hoc or specific alcohol and drug testing. Refusal to comply with such a request may result in an adverse inference being drawn, which is that the person is under the influence. An employee who refuses to be tested in the presence of reasonable suspicion will be sent home without pay for that day.
2.1.5If an employee is identified as being under the influence, the tester shall inform the employee’s supervisor or any other supervisor on site in the absence of the employee’s supervisor. Any employee who is under the influence shall be sent home immediately, and the day will be treated as unpaid leave. Transport will be arranged where appropriate and applicable for an employee who is under the influence, and on return to work, he/she will be subjected to a disciplinary action taken against them by the relevant manager/supervisor.
2.1.6Every person has the right to be treated with respect and dignity when being tested.
2.1.7All information regarding the test will be kept confidential - it will only be shared with the employee’s manager or supervisor.
2.2Testing procedures for identification of persons who are under the influence
2.2.1Identification by observation
This method of testing shall apply to employees, contractors, consultants and visitors. The following evidence regarding the person’s appearance and/or conduct may provide reasonable and sufficient grounds to believe that the person is under the influence:
a. Slurred speech
b. Unsteady gait
c. Abusive language
d. Unsteady on feet
e. Smells of alcohol/drugs
f. Aggressive behaviour
g. Glazed and/or bloodshot eyes
h. Shoddy general appearance
i. State of alertness/falling asleep
j. Vomiting
k. Unable to carry out simple instructions, which he/she is normally able to do
A third party will be requested as a witness to the observed conduct and appearance.
An employee who is on medication that may affect functioning should discuss this with the occupational health` nursing practitioner or supervisor as soon as possible so that appropriate and safe job modification/accommodation can be considered.
2.3Breath Alcohol Testing
2.3.1This is an additional method to establish whether a person is under the influence of alcohol. The person shall be tested in accordance with the Procedure for Alcohol Testing. (See2.5.)
2.3.2The person is entitled to have a third person of his/her choice present to observe the testing procedures. The chosen third party shall be readily available at the work site.
2.3.3A second test shall be performed as prescribed by the testing equipment whenever the person does not meet the expected limit of the first test.
2.3.4The tester shall complete and sign the Substance Abuse Test Report. (See AnnexB.)
2.4Substance abuse testing
Testing shall be done in the circumstances set out below:
2.4.1Pre-placement testing
2.4.1.1In instances prescribed by specific legislative requirementspre-placement substance abuse testing can be undertaken where substance abuse and/or dependency has been identified and suspected in the history and during a medical examination.
2.4.1.2In the event where the person tests positive, the person will be referred to the Employee Assistance Programme (EAP) for further assistance and referral to the appropriate resource.
2.4 2Voluntary Testing
2.4.2.1If the employee suspects that an employee is under the influence, he/she will be allowed a voluntary breath alcohol test (breathalysers) prior to the commencement of his/her duties.
2.4.2.2He/she will not be allowed to commence his/her duties should the test indicate that he/she is under the influence; the Substance Abuse Test Report will be completed, signed, and forwarded to the employee’s manager, and that employee will be allowed to take a day’s leave or special leave . Refer to COS.
2.4.2.3The fact that the employee has been given a day’s leave does not mean that he/she is not going to be subjected to a disciplinary action.
2.4.2.4An employee who is frequently absent from work following voluntary testing should be referred to the occupational health practitioner or EAP advisor for assessment and referral for further intervention including rehabilitation.
2.4.2.5After an employee has been referred to EAP and/or occupational health practitioners for corrective action, regular voluntary testing with positive results, will be viewed as misconduct and the employee will be taken through a disciplinary process.
2.4.3Compulsory testing
2.4.3.1All employees, contractors and consultants required to perform critical tasks or to drive Eskom vehicles will be required to undertake a breath alcohol test on a regular basis prior to commencing their duties.
2.4.3.2The supervisor of the employee or contractor will be responsible for ensuring that the employee is tested in accordance with the testing procedures set out in2.5.
2.4.3.3The supervisor will immediately report the test results to the employee’s manager if found to be under the influence.
2.4.4Post accident, near miss or incident
In all cases of accidents, near misses or incidents, the injured employee and/or the employees or contractors who were involved in the accident, near miss or incident may be required to undergo a breath alcohol test or other substance abuse test. Testing shall be in accordance with the identification procedure set out in2.2 and the testing procedure set out in2.5.
2.4.5Reasonable suspicion
When an employee or contractor appears to be under the influence of alcohol or any other substance, the person who has observed this will report it to the employee’s immediate supervisor/manager or to another supervisor if the immediate supervisor is not available. If the supervisor confirms the suspicion, the employee must be tested in accordance with the testing processes set out in this procedure.
2.4.6Ad hoc testing/random testing
2.4.6.1Employees and contractors may be tested on an ad hoc basis, in a non-discriminatory manner, in accordance with the principles described in this procedure.
2.4.6.2The divisions will develop a random testing process in accordance with divisional requirements, and the selection process shall be fair in the random selection of sites and persons.
2.4.7Return to work and post-disciplinary action testing
2.4.7.1Any employee undergoing alcohol or drug abuse rehabilitation and/or who has been disciplined for being under the influence may be required to undergo regular testing. The nature and frequency of the testing will be determined by the recommendations received from the rehabilitation centres.
2.4.7.2In the event that an employee has been disciplined, the period of testing shall be clearly stated under “corrective measures” on the Disciplinary Report Form.
2.4.7.3The employee’s supervisor will be responsible for ensuring that the employee is tested in accordance with such requirements.
2.4.7.4The employee’s supervisor will immediately report the test results to the employee’s manager if the employee is found to be under the influence.
2.5Testing procedure
2.5.1Equipment requirements
Breathalyser testing equipment shall meet the following requirements:
a. Will be portable.
b. Must have a minimum measuring range of0to1.50mg/l or0.000to0.300%BAC.
c. Should be able to operate as described by the manufacturer’s conditions of operation.
d. Will comply with the specification requirements stipulated by recognised international standards laboratories.
e. Must be ready to test within 30seconds of switch-on.
f. Will reflect blood alcohol level concentration.
g. Must be able to perform at least 500tests from an alkaline power supply.
h. The sensor shall be made of an electrochemical fuel cell that is specific to ethanol and shall not respond to other substances normally found in the breath.
i. Be simple to use and its operational procedure shall be automatic and fail-safe.
j. Shall be microprocessor-controlled to ensure repeatability.
k. The automatic sampling procedure shall be capable of being overridden and operated manually in the case of unco-operative persons or those with a weak exhalation.
l. Shall indicate that it is operational and when it is ready to perform a test.
m. Shall produce an audible beep to indicate an adequate breath sample.
n. Shall indicate an incomplete breath sample.
o. Calibration of the instrument shall be simple.
p. It should not be possible for an unauthorised person to change the settings of the instrument.
q. In-house calibration personnel shall be trained and certified by the supplier.
r. All equipment used in the process of testing for substance abuse shall be calibrated in accordance with the manufacturer’s specification, not less than six-monthly, even if the calibration check is within acceptable limits, and a complete record of such calibration shall be kept in a dedicated register.
s. Under no circumstances shall an instrument that has not been calibrated within the specified period be used.
t. The sensor should have a warranty period of at least 24months.
2.5.2Testing requirements
2.5.2.1All testing for substance abuse shall be done in accordance with the procedures mentioned in the document.
2.5.2.2Breathalyser and urine testing shall be mandatory on all employees and the employee’s consent shall not be required .Where it is necessary to conduct blood testing, the employee’s consent shall be obtained. (See Annex E).
2.5.2.3The random selection of sites and persons to participate in ad hoc testing will be the norm.
2.5.2.4The calibration certificate shall accompany the equipment when testing is conducted.
2.5.3Who will conduct the testing?
2.5.3.1Testing will be conducted by trained personnel, which may include, but is not limited to, the manager/supervisor/risk manager and security personnel who understand the procedure for testing.
2.5.3.2A person qualified to do so by virtue of training, education, or statutory requirements shall be appointed in writing to conduct testing.
2.5.3.3Ad hoc testing of subordinates will preferably be performed by individuals other than the immediate supervisors.
2.5.4Testing procedure
2.5.4.1The line manager shall initiate testing and arrange for a qualified/trained person to conduct the test at an appropriate venue.
2.5.4.2The qualified/trained person shall make the necessary arrangements for the test and obtain the employee’s written consent in the event that a blood test is being conducted (See Annex E).
2.5.4.3Where the supervisor suspects, on the basis of a negative breath alcohol test, that an employee has used a substance other than alcohol, the employee shall be subjected to the collection of an appropriate sample for drug testing by a trained person.
2.5.5Interpretation and feedback
2.5.5.1The qualified/trained person shall interpret the results of the test and provide an explanation thereof to the relevant line manager, with specific reference to the following:
a. The degree of intoxication, if applicable
b. The physical effect thereof on the employee
c. The employee must be given feedback on each test done
2.5.5.2In the event that the line manager receives prima facie evidence of substance abuse, disciplinary action will be instituted.
2.5.6Refusal to undergo testing or failure to provide an adequate breath sample
2.5.6.1Co-operation with the testing process provides the employee or contractor with the opportunity to prove compliance with the procedure.
2.5.6.2Any person who is suspected, or is found, to be under the influence, shall leave the work-site immediately.
2.5.6.3Refusal by an employee to undergo the appropriate test or to provide an adequate breath sample may result in adverse inference in respect of the person’s state of intoxication.
2.5.6.4In the case of the contractor, such refusal may result in exclusion of that contractor from all Eskom premises.
2.5.7Conduct test and record results
2.5.7.1The tester shall conduct the test and record the results in accordance with the procedure for alcohol testing. (See AnnexB.)
2.5.7.2Records shall be kept for three years for the monitoring process, In the event where an employee has been sent for drug or alcohol rehabilitation, such records shall be kept in accordance with records of medical surveillance (40years).
2.5.8Procedure for call-out and stand-by employees
2.5.8.1Call out (not on stand-by)
a. A call out (not on stand-by) for the purpose of this procedure is where, without prior notice or arrangement, an employee is requested to report for duty outside of his/her normal hours of work.
b. An employee must declare, when he/she is called out, whether or not he/she has been drinking alcohol or using any drugs or controlled substances since his/her last period of duty. Where such a declaration is made, the decision whether or not to conduct alcohol tests and whether or not to allow the employee to resume duty, shall be taken by the employee’s supervisor/manager or another employee in an equivalent or senior rank. If the employee makes a false declaration and is found to be under the influence, this constitutes misconduct and may result in dismissal.