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

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:


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