Q&A

Is it legal to have a breathalyzer test at work?

Is it legal to have a breathalyzer test at work?

It is perfectly legal to do this, (your own testing), but of course you cannot force people to undergo this, in the same way the police cannot ‘force’ you. But you can make the employee aware of any consequences of not complying, with what is a reasonable management request.

Can a police officer give you a breath test?

In which case they’d likely give a breath test at the road side. It is perfectly legal to do this, (your own testing), but of course you cannot force people to undergo this, in the same way the police cannot ‘force’ you. But you can make the employee aware of any consequences of not complying, with what is a reasonable management request.

When to use a breathalyser after a night out?

You’ll also receive a don’t drive alert if you are close to or over the chosen legal limit. A single-use breathalyser is ideal for the morning after a night out, and will provide you with a clear result in 2 minutes.

What can HR do about employees drinking on the job?

In recent days, the Society for Human Resource Management’s (SHRM’s) HR Knowledge Center received an unusual number of inquiries about how to handle workers inebriated on the job.

Can a company force an employee to take a breathalyser?

In short, employees cannot be forced to take the tests, but there is nothing stopping bosses from making the request – and taking action if employees refuse. According to Apache Security Services, there is nothing in South African labour law that stipulates that employers can or cannot request an employee to undergo a breathalyser.

Can a employer breathalyze an employee who smells like he’s been drinking?

We had a situation where two employee reported smelling alcohol on another employee. His manager talked with the employee but did not smell alcohol. We don’t have any record that he has every come to work after drinking alcohol. In the future, we’re not sure if it would be ok to perform a breathalyzer test if we think we smell alcohol.

What happens if you allow an employee under the influence of alcohol to work?

If you knowingly allow an employee under the influence of excess alcohol to continue working placing the employee or others at risk, then the law is clear: Similarly, your employees are also required to take reasonable care of themselves and others who could be affected by what they do.

In recent days, the Society for Human Resource Management’s (SHRM’s) HR Knowledge Center received an unusual number of inquiries about how to handle workers inebriated on the job.