Many cannabis users in South Africa have misconstrued the new Cannabis for Private Purposes Act, gazetted in June last year, believing they may openly use cannabis before entering the workplace.

“This is not true, as cannabis use is permitted by an individual in private time and private space; however, they are not permitted to enter into a workplace while under the influence of intoxicating liquor or drugs,” explains medical equipment supplier ALCO-Safe MD Rhys Evans.

He stressses that cannabis has become similar to alcohol in that it may be consumed during a user’s private time, but they may not come to work under the influence.

Tetrahydrocannabinol (THC), the psychoactive compound found in cannabis, causes poor decision-making, procrastination, higher rates of absenteeism, poor memory retention, lower task outcomes and higher risk of accidents.

Evans stresses that most companies do not have legally defensible substance abuse policies in place.

“They also do not have the necessary procedures in place to properly mitigate the risk of substance abuse in their workplaces,” he points out, adding that ALCO-Safe helps companies address all these elements by devising a substance abuse testing programme.

He stresses that an adequate programme will help to reduce and eventually stop substance abuse from becoming an issue in the workplace.

Best Action

“Disciplinary actions vary greatly from company to company,” says Evans, adding that some companies allow for a first warning with a suspension, while others issue a final written warning and a requirement for rehabilitation or counselling.

“There are also companies that are extremely strict and, upon confirmation of a positive drug test, will dismiss an employee, especially in a situation where they work in a very high-risk job.”

ALCO-Safe can assist companies in writing a legally enforceable substance abuse policy that can include any of the aforementioned disciplinary steps.

“We also help companies select the best possible substance testing equipment that will hold up in labour court and in Commission for Conciliation, Mediation and Arbitration, or CCMA, cases,” he affirms.

ALCO-Safe also helps clients select the most relevant testing equipment and it conducts competency training and certification processes for the eventual equipment operators.

“Additionally, we provide awareness presentations and booklets for companies that choose to provide such materials for their employees.”

Evans cautions that it is “very important to not choose the cheap option”. Companies should find the best possible service provider while choosing a comprehensive solution offering that incorporates high-quality equipment, operator training, change management guidance and enforceable policies.

Failure to do so will likely “leave clients to fend for themselves, leading to CCMA cases, and even higher costs if the case is lost and the company is forced to reinstate dismissed employees”.

“It is better to select companies with a proven track record that can assist you with the entire process rather than just an equipment supplier,” he stresses.

Different Compounds, Different Reactions

THC and cannabidiol (CBD) come from the cannabis plant but are very different substances with vastly different interactions with the brain’s cannabinoid receptors.

Unlike THC, CBD is often used for its medicinal properties, including pain relief, anxiety reduction and anti-inflammatory effects. CBD is not psychoactive and does not cause any ‘high’ or impairment, nor is it illegal to use in a workplace.

However, Evans insists that this substance should be bought only from reputable retailers and not cannabis dealers. “If CBD is produced correctly, it will not cause any high and will not [result in] a positive drug test.”

Meanwhile, THC is psychoactive, and will cause physical and mental impairment, in addition to a positive test result, should a drug test be conducted.

“Proactive random testing for drugs is important to deter drug use, rather than testing based on suspicion, post-accident or pre-employment.”

He adds that saliva tests are the best method to test for the use of drugs in the workplace, unlike alcohol testing, which is best done using a breathalyser.

“Saliva tests have a short window of detection and do not detect drug use that happened more than a day or two prior. With THC, it remains detectable only for two to eight hours, depending on the amount used, purity and a few other factors,” concludes Evans.