DRUG AND CANNABIS ABUSE IN THE WORKPLACE –

THE LAWS, TESTING AND SAFETY

Rhys Evans

Director

ALCO-Safe (Pty) Ltd

Why do we do drug testing? First and Foremost, for SAFETY!

For the safety of individuals and those working around them.

To reduce accidents

To reduce absenteeism

To improve performance

To educate people on the dangers of drug abuse.

To improve family life

SUBSTANCE ABUSE IS IMPLICATED

IN OR RESPONSIBLE FOR:

FATAL ACCIDENTS 60 %

DOMESTIC ACCIDENTS 30 %

MURDERS 50 %

AT LEAST 20 % AND UP

TO 40 % OF ACCIDENTS

IN THE WORKPLACE

MAY BE RELATED TO

SUBSTANCE ABUSE

It’s a common myth that working under the influence of marijuana isn’t all that dangerous

There was a time in history when people really believed that driving under the influence of alcohol wasn’t really that dangerous.

Remember when there was an argument about the dangers of smoking?

We know differently now don’t we?

THC has been shown to impair driving performance significantly for 1 to 2 hours following use, and residual effects have been reported up to 24 hours after use.

Comprehensive substance abuse policy The place to start

Include legal acts, they are you backbone and support

Company statement on the use of alcohol and drugs and why the policy and testing is in place. (for safety not for dismissals)

Involve unions, shop stewards and employee representatives from the beginning. Why?

Use reputable suppliers of equipment that will assist with policy development, training and procedures

The policy is essential in my opinion. How can you fine someone for speeding if you don’t have a speed limit in place?

Comprehensive substance abuse policy

State clearly the process that should be followed

Clearly state the reason a test may be conducted, Post accident, reasonable suspicion, random, monitoring etc

What the consequences would be for a positive test

A consent form is essential

A refusal to give consent can be seen as admission of guilt?

Legal aspects

Constitutional court ruling on the private use of

cannabis (It would not be a criminal offence to use or

be in possession of cannabis for personal

consumption, in a private space)

OHS Act. General safety regulation 2A Intoxication

OHS act. 14 General duties of employees at work

OHS Act. Reasonably practical

Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)General Safety Regulations2A. Intoxication

1) An employer or a user, as the case may be, shall not permit any personwho is or who appears to be under the influence of intoxicating liquor ordrugs, to enter or remain at a workplace.2) No person at a workplace shall be under the influence of or have in hisor her possession or partake of or offer any other person intoxicatingliquor or drugs.3) An employer or a user, as the case may be, shall, in the case where aperson is taking medicines, only allow such person to perform duties atthe workplace if the side effects of such medicine do not constitute athreat to the health or safety of the person concerned or other personsat such workplace.

Occupational Health and Safety Act, 1993(Act No. 85 of 1993)8. General duties of employers to their employees

(1) Every employer shall provide and maintain, as far as is reasonably

practicable, a working environment that is safe and without risk to the

health of his employees.

Occupational Health and Safety Act, 1993(Act No. 85 of 1993)14. General duties of employees at work

Every employee shall at work -

a) take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions;

b) as regards any duty or requirement imposed on his employer or any other person by this Act, co-operate with such employer or person to enable that duty or requirement to be performed or complied with;

c) carry out any lawful order given to him, and obey the health and safety rules and procedures laid down by his employer or by anyone authorized thereto by his employer, in the interest of health or safety;

Occupational Health and Safety Act, 1993(Act No. 85 of 1993)Reasonably practicable

Practicable having regard to -

a) the severity and scope of the hazard or risk concerned;

b) the state of knowledge reasonably available concerning that hazard or risk and of any means of removing or mitigating that hazard or risk;

c) the availability and suitability of means to remove or mitigate that hazard or risk

LABOUR RELATIONS ACT, 1995(Act No. 66 of 1995)DISMISSALSAlcohol and other substance abuse can constitute either misconduct orincapacity.Whilst intoxication from prior consumption, consumption on the premisesand possession constitute misconduct, alcohol and drug dependenceought to be treated as incapacity.An Employer may dismiss an employee on grounds of misconduct orincapacity, provided the misconduct or incapacity is sufficiently serious tojustify.

CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA 1996ACT NO. 108 OF 1996

14. PRIVACY

1) Everyone has the right to privacy, which includes the right not to

have:

a) their person or home searched;

b) their property searched;

c) their possessions seized; or

d) the privacy of their communications infringed

Privacy should not be regarded as absolute. The justice system could not function in many situations if there was absolute privacy.

The right to privacy can be considered to extend no further than a “legitimate expectation of privacy”.

The expectations and experience of privacy at home, for example, may differ considerably from that at an airport where before entering an aircraft, a search of your person and possessions is carried out.

In general the more your actions could affect those around you, the less right to privacy you have

CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA 1996ACT NO. 108 OF 1996

LIMITATION OF RIGHTS1) The rights in the Bill of Rights may be limited only in terms of law ofgeneral application to the extent that the limitation is reasonable andjustified in an open and democratic society based on human dignity,equality and freedom, taking into account all the relevant factors,including:a) the nature of the rightb) the importance of the purpose of the limitation;c) the nature and extent of the limitation;d) the relation between the limitation and its purpose; ande) less restrictive means to achieve the purpose.

Understanding the difference between Urine and Saliva Drug testing

Drugs and drug processing

What is a psychoactive compound?

What is a metabolite?

What are the windows of detection?

Drug processing Parent vs Metabolite

Route of consumption

-Injecting

-Sniffing

-Smoking

-Eating

Once consumed drugs enter bloodstream. They need to so that they can enter the brain where they cause a high (intoxicating or mind altering effect)

Drugs are altered by the liver to detoxify and prepare for elimination

Elimination through a number of routes including urine

The psychoactive compound

The compound that causes the high

In Dagga this is Tetrahydrocannabinol (THC)

The blood is detoxified by the liver which would in time metabolise the primary compound

The Metabolite is then excreted through the urine

The Metabolite

A break down product of the drug consumed

What we would be testing for if we use a Urine test

Remains detectable in Urine for a very long time in the case of THC

Cannot relate to intoxication (under the influence) at all

Drug detection window (Urine) Drugs take between 2 and 6 hours to become detectable in urine

Drugs remain detectable in urine and saliva for a variable time period dependant on:

➢ Amount and purity of drug consumed

➢ General health and physical attributes of individual

➢ Amount of liquids consumed

➢ Tolerance to the drug

➢ Pharmacological properties of the drug

Windows of detectionSALIVA URINE

THC 6 – 24 hrs 3 – 5 days up to 60 days

MAMP 2 days 3 days

AMP 2 days 3 days

COC 1 – 2 days 2 days

OPI 2 – 3 days 3 days

The DRUID study

3.8 ng/ml THC (≈ 2 ng/ml in whole blood) was shown to be as impairing as 0.5 g/l BAC

Which test method is best?Ask the right questions

One is not better than the other

However one method may be better suited for a particular situation

What would you use to test your kids?

How about for recent consumption?

What about the 2 in conjunction with each other

Your policy is your rule book, it is essential

No matter what anyone tells you, the drug test that you do is a screening test

Both saliva and Urine point of care tests are screening devices

They test for a compound family of drugs

They don’t test for a specific drug

All positive screening tests should be confirmed via GCMS

The complete drug testing system

DDS2 Saliva Drug detection system

Drug testing as easy as ABC

Multi panel test cups, Urine