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SA Employment Law - Can Employer Make Me Take Drug Test?

Discussion in 'Employment Law Forum' started by 1981leigh, 21 November 2015.

  1. 1981leigh

    1981leigh Member

    21 November 2015
    Likes Received:
    Hi, I'm wondering if my boss can single me out to take a drug test under Employment Law? Our workplace does not have a drug and alcohol policy.
  2. Sophea

    Sophea Guest

    Hi 1981Leigh,

    Most industrial courts and tribunals recognise that random drug testing intrudes on the privacy of the individual. Therefore, it is only justified on grounds of health and safety. Your employer will have a legitimate right to test for drugs or alcohol in an attempt to eliminate the risk that employees might come to work impaired by such substances and posing a risk to health and safety. However, such testing would need to comply with the International Labour Organisation code of practice on the management of alcohol and drug-related issues in the workplace. However, beyond the cause of health and safety, an employer has no right to dictate the alcohol or drug taking habits of its employees in their own time.

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