Standard charge formulation
It is alleged that on or about [DATE], at [LOCATION], you reported for duty / were on duty while under the influence of alcohol or an intoxicating substance, rendering you unable to perform your duties safely, in breach of the Company Substance Abuse Policy and Disciplinary Code.
Statutory guidance
| Statutory reference | LRA 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 guideline | Final 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. |
| Category | Misconduct |
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.