Streaming issues? Report here
John Maytham 2019 1500 BW John Maytham 2019 1500 BW
Afternoon Drive with John Maytham
15:00 - 18:00
volume_up
volume_mute

Up Next: The Money Show with Bruce Whitfield
See full line-up
Afternoon Drive with John Maytham
15:00 - 18:00

Home
arrow_forward
Business
fiber_manual_record
Local

If you come to work high on dagga, you could get your company into big trouble

21 November 2018 5:45 PM
Tags:
Dagga
Marijuana
Work
Weed
law
The law essentially says that every employer has a statutory obligation to ensure that people are not high or drunk at work.

While the private use of dagga has been legalised, arriving to work under the influence of marijuana remains against the law.

Read: Capetonians get crash course on how to grow dagga at first cannabis workshop

Attorney and public law professor Halton Cheadle explains that the Occupational Health and Safety Act makes provision for conduct on the job.

The Act essentially says that every employer has a statutory obligation to ensure that people are not high or drunk at work, Cheadle shares.

Read also: Concourt ruling on cannabis needs to filter down to cops, says dagga couple

If an employer fails to comply with these laws, they are guilty of an offence that is liable on conviction to a fine of R50 000 or imprisonment for a year.

The difficulty with dagga, however, is determining or proving intoxication from the substance using a credible test method, Cheadle says.

Read more: Hits from the bong (it’s legal!)… then off to work I go?

There is no provision for authorisation of drugs [in the workplace], other than medicines.

Prof Halton Cheadle, public law professor and partner at BCHC Attorneys

If an accident does take place, then an employer would be liable.

Prof Halton Cheadle, public law professor and partner at BCHC Attorneys

The Act states that basically, every employer has to provide and maintain a safe and without-risk workplace.

Prof Halton Cheadle, public law professor and partner at BCHC Attorneys

In the regulations, it specifically says that an employer may not permit any person, who appears to be under the influence of intoxicating liquor or drugs, to enter or remain in the workplace.

Prof Halton Cheadle, public law professor and partner at BCHC Attorneys

It goes on further to say that no person shall be under the influence of, or have any possession or partake of intoxicating liquor or drugs in the workplace.

Prof Halton Cheadle, public law professor and partner at BCHC Attorneys

Listen to the intriguing discussion on The John Maytham Show:

Subscribe to our Business Wrap Newsletter


21 November 2018 5:45 PM
Tags:
Dagga
Marijuana
Work
Weed
law

Recommended

More from Business

Church worship prayer religion faith christianity

Churches easily become ‘super-spreader’ hotspots – why open them, not salons?

27 May 2020 2:54 PM

"Our restaurants are crippled! Please explain why gathering 50 people in a church is OK, but we can’t open," asks Wendy Alberts.

Share this:
Read More arrow_forward

Housing.jpg

Non-UIF workers will receive Covid-19 relief

27 May 2020 1:50 PM

UIF Commissioner Teboho Maruping says employees cannot suffer because the employer did not meet the requirements of the law.

Share this:
Read More arrow_forward

the-firepit-compnay-facebook-png

One-of-a-kind bespoke fire pits will warm the cockles of your heart and home

27 May 2020 1:15 PM

The Firepit Company creates designer spherical fire pits and steel sculptures and gets a #CapeTalkShoutOut with Ninety One.

Share this:
Read More arrow_forward

Homeless unemployed poverty

South Africa went from the general ward into the ICU – Edward Kieswetter (Sars)

27 May 2020 1:04 PM

We weren’t fine before Covid-19, so we shouldn’t aim for things to return to normal, says Sars Commissioner Edward Kieswetter.

Share this:
Read More arrow_forward

Airplane travel 123rfbusiness 123rflifestyle 123rf

Repatriation flights: Empty outbound leg hikes up the airline ticket cost

27 May 2020 12:43 PM

Pricing is pretty much up to demand and that is all pretty much governed by the airlines, says Travelstart's John Friel.

Share this:
Read More arrow_forward

tobacco-farm-farming-cigarette-value-chain-industry-plant-crop-harvest-123rf

Black tobacco farmers: We pay tax and create jobs, but SA govt is suppressing us

27 May 2020 11:32 AM

The Black Tobacco Farmers Association (BTFA) says the government's continued cigarette ban supports criminals.

Share this:
Read More arrow_forward

140512generic.jpg

[OPINION] Come fly with me - but please keep your distance

27 May 2020 11:25 AM

CapeTalk producer Stephan Lombard once worked in aviation and has some insights into the future of air travel.

Share this:
Read More arrow_forward

Receipts expenses till slips tax 123rf 123rfbusiness 123rflifestyle

Pay less tax when working from home

27 May 2020 9:19 AM

Craig Rocher on the criteria you must meet to claim for “home offices expenses” and which expenses are deductible (NOT the phone).

Share this:
Read More arrow_forward

140325Wakaberry.jpg

Famous brands hit by restaurant restrictions

26 May 2020 8:29 PM

Darren Hele, CEO of Famous Brands, tells the Money Show how the food outlets in the franchise have navigated lockdown.

Share this:
Read More arrow_forward

ucook-risottojpg

Ucook launches food fund

26 May 2020 7:32 PM

UCook has launched a Food Fund with FoodForward South Africa, the Philippi Economic Development Initiative and Ladles of Love.

Share this:
Read More arrow_forward

More from Local

200331-sassa-pensions-edjpg

Mitchell’s Plain residents are outside looking for food, says soup kitchen boss

27 May 2020 5:13 PM

Most poor people living in Mitchell’s Plain are more worried about where their next meal will come from than they are about Covid-19.

Share this:
Read More arrow_forward

Hairdresser hair salon small business 123rflocal 123rfbusiness 123rf

'A lot of us can't put food on the table - Hairdressers in court bid to reopen

27 May 2020 4:51 PM

South African hairdressers are heading to court to ask that they be allowed to open under level 3 of the national lockdown.

Share this:
Read More arrow_forward

eu1nvjcxsaannkkjpg

Mnguni: Ramaphosa has lost complete control of SA, unleashing Level 3 armageddon

27 May 2020 4:29 PM

Political analyst Lukhona Mnguni says the President has given in to religious interest groups historically aligned to the governing party.

Share this:
Read More arrow_forward

Depression sad lonely

Experts share their tips on how to combat Covid-19 loneliness

27 May 2020 4:00 PM

Social distancing and lockdown have forced many of us into solitude and for some that has brought a sense of extreme loneliness.

Share this:
Read More arrow_forward

180821googlwgif

Would a Covid-19 contact-tracing app help curb coronavirus in South Africa?

27 May 2020 2:39 PM

Lester Kiewit asks why, when so many tracing apps exist, is contact-tracing being done manually in South Africa?

Share this:
Read More arrow_forward

glenda-graygif

SAMRC denies backtracking over investigation into Prof Glenda Gray's comments

27 May 2020 1:23 PM

The SAMRC says an apology issued to the Health Department on Monday was not meant as an apology for Prof Gray's comments.

Share this:
Read More arrow_forward

the-firepit-compnay-facebook-png

One-of-a-kind bespoke fire pits will warm the cockles of your heart and home

27 May 2020 1:15 PM

The Firepit Company creates designer spherical fire pits and steel sculptures and gets a #CapeTalkShoutOut with Ninety One.

Share this:
Read More arrow_forward

churchgif

Pastors can rotate services to meet Level 3 limit of 50 - SA Council of Churches

27 May 2020 12:58 PM

The South African Council of Churches (SACC) advises that religious leaders with large congregations rotate their church services under level 3 lockdown.

Share this:
Read More arrow_forward

200423 Clarkes Estate Elsies River

A tale of two suburbs: Covid-19 in Bonteheuwel and Elsies River

27 May 2020 12:49 PM

We take a look at how communities in two of the most impoverished suburbs in Cape Town are dealing with the Covid-19 crisis.

Share this:
Read More arrow_forward

thiart-coffee-shopsave-your-faves-croppedjpg

Support ThiArt Coffee and help protect livelihoods in Clanwilliam and Vredendal

27 May 2020 12:08 PM

ThiArt Coffee is an independent coffee shop and restaurant operating in Clanwilliam and Vredendal. They need help surviving the lockdown.

Share this:
Read More arrow_forward