Timber iQ February - March 2019 // Issue: 42 | Page 44

THOUGHT LEADERSHIP Any employee entering the workplace with a trace of alcohol, cannabis or any other non-prescription drug will fall foul of company policy. A high risk Since the legalisation of the possession and use of cannabis for private purposes by the Constitutional Court, many concerns have been raised about what this means in the workplace. By Michael Opperman, Omni Labour Consultants CEO E mployers want to know how they will ensure that people do not come to work under the influence of cannabis, while employees fear they could be subjected to unsafe and unwarranted behaviour from colleagues who attempt to blame the legal use of cannabis at home as the catalyst and expect to be exonerated from their actions. Employers must ensure they have policies and procedures in place to ensure that employees are sober at work. You need to read and understand the judgment of the Constitutional Court very clearly in this regard. Judge Raymond Zondo said he had, “Concluded that the limitation is not reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.” 42 FEBRUARY / MARCH 2019 // He made an order declaring the relevant provisions about the use of cannabis constitutionally invalid where it criminalises the use or possession of cannabis in private by an adult for personal consumption. It is clear that the private use is allowed, and the argument would be about when the use of cannabis is private. ENLIGHTENED THROUGH LEGISLATION To start with, ‘private’ does not include the use of the substance in any public place or place of work. At the workplace, the Occupational Health and Safety Act (Act 85 of 1993) and Regulations 1031 Section 2A applies regarding intoxication. See more on page 44 www.timberiq.co.za