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Misconduct · Charge Sheet Template
Refusal to Submit to Breathalyser or Workplace Substance Test Charge Sheet & Hearing Pack
Charge sheet for refusing a breathalyser or workplace substance test under a known alcohol and drug policy and the Sept 2025 Code.
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Step 1 · Offence & Statutory Guardrail Intake
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2025 Code Offence Guide & Sanction Rule — Refusal to Submit to Breathalyser or Workplace Substance Test
What must be proven: Show the testing policy exists and the employee knew it; Record exactly how the refusal was expressed.
First-offence guideline: Refusal to test is misconduct only where a known, consistently applied policy authorises testing. Unreasonable refusal in a safety-sensitive role may justify a final written warning or stronger; the refusal itself cannot prove intoxication.
Recommended action mode: Direct Warning Pack — corrective discipline is usually appropriate for a first offence; escalate to a hearing for repeat or serious cases.
Example wording: It is alleged that on or about 15 January 2026, at the workplace, you refused to submit to a breathalyser / substance test lawfully required in terms of the Company's Alcohol and Substance Policy, in that you as will be set out in evidence at the hearing.
Or pick the closest symptom — we configure the charge, alternative and action mode:
No automatic alternative for this offence. Do not add an unsupported allegation.
Prior warnings on file
None recorded.
Understanding this offence: Refusal to Submit to Breathalyser or Workplace Substance Test
LRA 66 of 1995; the Company Alcohol & Substance Policy; OHSA 85 of 1993 s8 general duties; Code of Good Practice: Dismissal (Sept 2025).
Standard charge formulation
It is alleged that on or about 15 January 2026, at the workplace, you refused to submit to a breathalyser / substance test lawfully required in terms of the Company's Alcohol and Substance Policy, in that you as will be set out in evidence at the hearing.
First-offence sanction guideline: Refusal to test is misconduct only where a known, consistently applied policy authorises testing. Unreasonable refusal in a safety-sensitive role may justify a final written warning or stronger; the refusal itself cannot prove intoxication.
CCMA procedural fairness checklist
Show the testing policy exists and the employee knew it
Do not treat refusal alone as proof of intoxication
Guidance only — establish the facts, consider the employee's response, consistency and mitigation. No automatic sanction or guaranteed CCMA outcome.
Standard charge formulation
It is alleged that on or about [DATE], at [LOCATION], you refused to submit to a breathalyser / substance test lawfully required in terms of the Company's Alcohol and Substance Policy, in that you [CONDUCT].
Statutory guidance
Statutory reference
LRA 66 of 1995; the Company Alcohol & Substance Policy; OHSA 85 of 1993 s8 general duties; Code of Good Practice: Dismissal (Sept 2025).
First-offence sanction guideline
Refusal to test is misconduct only where a known, consistently applied policy authorises testing. Unreasonable refusal in a safety-sensitive role may justify a final written warning or stronger; the refusal itself cannot prove intoxication.
Category
Misconduct
CCMA procedural fairness checklist
Show the testing policy exists and the employee knew it