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Misconduct · Charge Sheet Template

Alcohol / Substance Intoxication on Duty Charge Sheet & Hearing Pack

Prepare a fair charge sheet for being under the influence of alcohol or drugs on duty, including testing evidence checklist and incapacity (addiction) considerations.

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Step 1 · Offence & Statutory Guardrail Intake

No login needed. Your answers autosave on this device and to a secure draft.

Prior warnings on file

None recorded.

Standard charge formulation

Statutory guidance

Statutory referenceLRA Schedule 8 (Code of Good Practice: Dismissal, 2025); Occupational Health and Safety Act 85 of 1993 s14; General Safety Regulations reg 2A
First-offence sanction guidelineFinal written warning for a first offence in a non-safety-critical role; dismissal may be fair in safety-critical environments with a zero-tolerance rule.
CategoryMisconduct

CCMA procedural fairness checklist

  • Breathalyser / test conducted with calibrated device and consent
  • Observable symptoms recorded by two witnesses
  • Employee offered a second test or independent test
  • Consider whether addiction indicates incapacity requiring rehabilitation
  • Zero-tolerance rule clearly communicated (if relied on)
  • Employee sent home safely, not allowed to drive

Frequently asked questions

Is a breathalyser test required?
Not strictly, but objective testing greatly strengthens the case. Witness observations of symptoms are also important evidence.
What if the employee is an alcoholic?
Alcoholism or drug addiction may be treated as incapacity (illness). The Code encourages counselling and rehabilitation before dismissal.
What about cannabis use at home?
Private use is legal, but being impaired at work is not. Employers should test for impairment and apply a clear policy.