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Without a doubt, the global pandemic has given rise to a new way of doing things. Working from home, at least for part of the work week, has become commonplace, but now that workers are in the comfort of their own homes, does this give them the freedom to use alcohol and drugs while working?
Aadil Patel, national head of the labor law practice at Cliffe Dekker Hofmeyr, says that even if workers are not physically working from the office, labor laws and company policies still apply.
“The Occupational Health and Safety Law; The General Regulation establishes that, subject to the provisions of the sub-regulation (3), no person in the workplace will be under the influence or have in their power or participate in or offer to another person alcoholic beverages or intoxicating drugs.
“Even though you work from home and may not be physically seen by employers, if suspicions arise, normal disciplinary procedures are expected to be followed,” he said.
Patel said that being drunk on the job constitutes misconduct and an employee can be fired, yet employers must have an alcohol and drug abuse policy that is communicated to all of their employees.
“Management is responsible for implementing policies, not just for consumption on the premises; Policies may extend to behavior off company premises, during business hours, should it affect the employee’s ability to do their job.
“Policies should not be limited to alcohol consumption and should include any substance that prevents it from performing its functions, such as cannabis, for example,” said Patel.
Each case must be treated on its own merits, Patel said.
“Alcoholism is a disease, so a distinction must be made between disability due to alcoholism or simple misconduct.
If an employer suspects that a worker may have a dependency problem, the employer has an obligation to help the worker access treatment, he said.
“You may be tempted to reward yourself between Zoom meetings while working from home, but think twice about having a glass while you’re still on the clock. And if you are feeling stressed about alcohol use, seek help – we are still in the midst of a global pandemic that, itself, has triggered additional mental health triggers, ”Patel said.
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