ARE YOUR COMPANY'S ALCOHOL & SUBSTANCE ZERO-TOLERANCE POLICY JUSTIFIABLE, AND ARE YOUR TESTING PROTOCOLS & DEVICES CALIBRATED?

Written by Dane Frost

Setting the Scene: A Story Many Salon/Spa Owners Know

Picture this: It is a busy Saturday morning at your establishment. The receptionist pulls you aside and quietly tells you that one of your hairdressers seems “off” today - their speech is a little slurred, their movements slightly unsteady, and there is a faint smell of alcohol. They have two clients booked back-to-back, one of whom is here for a full bleach and colour treatment.

What do you do?

This is not a hypothetical for many employers in our industry. And what you do in that moment and how prepared you are with the right policies, tools, and knowledge will determine whether you handle the situation lawfully, fairly, and safely, or whether you find yourself on the wrong side of a CCMA/Bargaining Council dispute.

Why This Matters in Our Industry

The hairdressing, cosmetology, beauty, and skincare industry is not the same as an office environment. We work with scissors, razors, chemical relaxers, heated appliances, laser equipment, adhesives, and sharp implements often in close proximity to a client’s face, eyes, and skin. The consequences of substance impairment in our industry are not abstract. They are burns, lacerations, permanent scarring, and irreversible eye damage.

This is precisely why workplace substance policies matter deeply here and why they must be carefully designed, clearly communicated, and properly enforced. But they must also be fair, calibrated, and legally sound. Policies that go too far, or that are applied inconsistently, can land an employer in just as much trouble as having no policy at all.

The Legal Foundation

Section 8 of the Occupational Health and Safety Act 85 of 1993 (OHSA) places a duty on every employer to provide and maintain, as far as is reasonably practicable, a workplace that is safe and without risk to employees. General Safety Regulation 2A under the OHSA goes further, explicitly prohibiting any person who is or appears to be under the influence of alcohol or any substance that impairs their faculties from being at or remaining in a workplace.

This is your legal foundation. But notice the words “reasonably practicable” and “impairs their faculties.” These are not accidental. The law requires proportionate action, not blanket punishment. Your policies must reflect the same balance.

Know Your Roles: Not Every Station Carries the Same Risk

One of the most important and often overlooked aspects of a legally defensible substance policy is that it must be calibrated to the actual risk level of each job role. A laser technician and a front-desk receptionist do not carry the same risk of harm to clients or colleagues under impairment. Applying identical zero-tolerance consequences to both, without differentiation, may be seen as unreasonable at the CCMA/Bargaining Council.

Here is how roles in our industry are best categorised, using a risk-based framework:

HIGH RISK / HIGH SENSITIVITY

Hairdressers and Barbers

• Use scissors, razors, clippers, and thinning shears on a daily basis.

• Apply chemical treatments — relaxers, perms, bleach, and colour — where incorrect mixing by an impaired practitioner can cause severe scalp burns or allergic reactions.

• Work with high-heat tools such as irons and blow dryers in close proximity to a client’s scalp and face.

• Even a minor lapse in concentration can result in lacerations or chemical burns.

Electrologists and Laser / IPL Technicians

• Operate high-powered laser, intense pulsed light (IPL), and electrolysis equipment.

• Incorrect calibration or unsteady application by an impaired operator can cause permanent skin scarring, burns, or irreversible eye injury.

• This is arguably the highest-risk designation in our industry and carries the strongest justification for strict zero-tolerance enforcement.

Eyelash Technicians and Lash Artists

• Work with cyanoacrylate-based adhesives in extremely close proximity to the eye.

• Use tweezers and fine instruments within millimetres of the cornea.

• Any hand tremor or lapse in judgement due to impairment could cause permanent eye injury.

Nail Technicians (Acrylic and Gel Applications)

• Use electric nail drills, UV and LED lamps, and chemical primers and monomers.

• Exposure to flammable and toxic substances means impairment increases the risk of fire, chemical burns, or inhalation harm.

• Sharp nail files and cuticle implements also pose a laceration risk.

• Cosmetologists Performing Invasive or Semi-Invasive Treatments

• Microneedling, chemical peels, and dermaplaning all involve breaking or abrading the skin barrier.

• Errors by an impaired practitioner risk infection, permanent scarring, or severe adverse reactions.

Waxing Technicians

• Apply heated wax at precise temperatures to sensitive and intimate areas of the body.

• Temperature misjudgement due to impairment can cause serious thermal burns, particularly in Brazilian or intimate waxing procedures.

MODERATE RISK

Make-up Artists

• Work in close proximity to the eyes, lips, and mucous membranes.

• Risk of cross-contamination and infection if hygiene protocols are not followed correctly.

• Less risk of acute physical injury, but impairment still meaningfully affects precision and sanitation judgement.

Skincare Therapists and Facialists (Non-Invasive)

• Operate steamers, high-frequency machines, and galvanic current devices.

• Apply active ingredient masks and serums where impaired judgement on skin sensitivity could cause reactions.

• Moderate risk, as most treatments do not break the skin barrier.

Body Therapists and Massage Therapists

• Physical manipulation creates risk of musculoskeletal harm to a client through incorrect pressure.

• Professional boundary and conduct concerns are heightened under impairment.

• Use of hot stones or heated equipment introduces a thermal risk element.

LOWER RISK / LESS SAFETY-SENSITIVE

Salon Receptionists and Front Desk Coordinators

• No direct client treatment involvement.

• Primary duties are administrative — bookings, billing, client communication.

• Impairment is a conduct and professionalism issue rather than an immediate physical safety hazard.

Retail and Product Consultants

• Sales-focused roles with no treatment application.

• Risk is largely reputational and conduct-related rather than one of physical harm.

Salon and Spa Managers and Administrators

• Operational oversight roles with no direct treatment application.

• Managerial impairment carries organisational and duty-of-care risks, but the immediacy of physical danger is lower.

Practical Guidance for Employers

Your Alcohol and Substance Policy must reflect these distinctions. The sanction for a confirmed positive result should not be identical across all roles. A laser technician who tests positive for a high level of alcohol on duty warrants a fundamentally different response to a receptionist who displays trace levels. The law and the CCMA/Bargaining Council will hold you to this distinction.

When Is Testing Required — and When Is It Not?

Knowing when you are legally justified or even obligated to test is just as important as knowing how to test. Testing an employee without proper grounds is an invasion of their constitutional right to privacy and dignity. But failing to test when the circumstances demand it is a breach of your safety obligations.

Mandatory Testing Triggers

The following situations compel an employer to test or investigate. Failing to do so in these circumstances may expose you to liability:

Trigger	What This Means
Post-Incident or Post-Accident	Any workplace accident, near-miss, or injury on duty. Testing must occur as soon as reasonably possible after the event.
Reasonable Suspicion	Observable signs of impairment — slurred speech, unsteady gait, smell of alcohol, erratic behaviour, or dilated pupils. These must be documented by the observing supervisor.
Return to Duty	When an employee returns after rehabilitation or a previous confirmed positive test result.
Follow-Up Testing	Scheduled or unannounced testing following a prior confirmed positive result.
Safety-Critical Role Entry	Before an employee commences duty in a designated high-risk or safety-sensitive position.

Discretionary Testing Programmes

The following testing programmes may be implemented at an employer’s discretion, provided they are clearly set out in a written policy:

• Random testing — unannounced, computer-randomised selection of employees regardless of suspicion.

• Pre-employment testing — as a condition of a job offer, particularly for high-risk roles.

• Scheduled or periodic testing — conducted at known intervals, such as annually.

• Blanket testing — testing all employees simultaneously, usually following a serious workplace incident.

Important Note

All testing programmes — mandatory or discretionary — must be grounded in a written Alcohol and Substance Policy that has been communicated to employees and ideally discussed with any recognised trade union or employee representatives. Ad hoc testing without a documented policy foundation is legally vulnerable under the Labour Relations Act 66 of 1995. The policy must exist before the test not after.

Getting the Test Right: Calibrated, Two-Stage, and Legally Defensible

Here is where many employers make costly mistakes. A single positive reading on a rapid screening kit is not enough to dismiss an employee. Not at the CCMA/Bargaining Council. Not in court. And not in good conscience.

South African best practice aligned with SANS 16001, the Workplace Wellness Programme standard developed by the South African Bureau of Standards (SABS), requires a two-stage testing process before any disciplinary action may be taken.

Stage 1: Preliminary Screening (On-Site)

The first stage is an initial, on-site screen. This is typically done using an approved breathalyser for alcohol or a urine screening kit for substances. The purpose of this stage is to identify whether further investigation is warranted, nothing more. A positive screening result is not conclusive evidence of anything.

• The employee must be temporarily removed from duty pending the outcome of Stage 2.

• The employee must be treated with dignity throughout this process.

• The result must be documented, but no disciplinary steps may be initiated based on Stage 1 alone.

Stage 2: Confirmatory Laboratory Testing

A split sample taken at the same time as the screening sample is sent to a SANAS-accredited laboratory for confirmatory analysis. SANAS stands for the South African National Accreditation System, which is the official national accreditation body established under the Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Act 19 of 2006.

For alcohol, confirmatory testing uses evidential-grade breathalysers or blood analysis. For substances, the confirmatory method is Gas Chromatography-Mass Spectrometry, commonly referred to as GC-MS. This is the gold standard in forensic toxicology and the only method whose results hold full legal weight.

Only the confirmatory laboratory result constitutes a legally defensible basis for disciplinary proceedings.

Equipment and Calibration Requirements

Your testing equipment and processes must meet the following standards to be legally defensible:

Requirement	What Is Expected
Breathalyser Calibration	Must be calibrated according to manufacturer specifications and SANAS or SABTTA standards. Calibration certificates must be current and kept on record. SABTTA is the South African Breath Testing and Technology Association.
Urine Screening Kits	Must carry CE marking (Conformaté Européenne — European Conformity) or equivalent SABS approval, and must be used within their expiry dates.
Chain of Custody Documentation	An unbroken, documented chain of custody must be maintained from sample collection through to laboratory analysis. Any gap in this chain can invalidate the result.
Collector Qualifications	The person administering the test must be trained and certified — ideally a qualified Occupational Health Nurse or a certified Drug Testing Collector.
Laboratory Accreditation	The confirmatory laboratory must hold SANAS accreditation to ISO 17025 standard.
Witnessed Sample Collection	Urine samples must be collected under proper observation protocols to prevent tampering or substitution.

Understanding Cut-Off Levels: Impairment vs. Mere Presence

This is one of the most misunderstood areas in workplace substance testing, and it is particularly relevant for cannabis. A positive test result tells you that a substance or its metabolites are present in the body. It does not, by itself, confirm current functional impairment. This distinction matters enormously in law.

Results must be interpreted against established cut-off concentrations. For alcohol:

Blood Alcohol Reading	Interpretation
0.00 g/100ml	Negative
0.01 – 0.04 g/100ml	Trace — grey zone; context-dependent and requires careful assessment.
≥ 0.05 g/100ml	Positive — the legal threshold for safety-critical workplaces. Many policies adopt a stricter 0.00 g/100ml zero-tolerance threshold, which is permissible if clearly stated in your policy.
≥ 0.24 g/100ml	Severely impaired — may warrant criminal referral in addition to workplace discipline.

For substances, the following SAMHSA-aligned cut-off levels are commonly applied in South African workplace testing:

Substance	Screening Cut-Off	Confirmatory Cut-Off (GC-MS)
Cannabis (THC)	50 ng/mL	15 ng/mL
Cocaine Metabolites	150 ng/mL	100 ng/mL
Opiates	300 ng/mL	300 ng/mL
Amphetamines	500 ng/mL	250 ng/mL
Benzodiazepines	200 ng/mL	100 ng/mL

SAMHSA stands for the Substance Abuse and Mental Health Services Administration, a United States federal agency whose scientifically validated cut-off thresholds are widely adopted internationally, including in South Africa, as the benchmark for occupational drug testing.

Going Beyond the Test: The Impairment Assessment

Because a urine test can detect cannabis metabolites for up to 30 days after use, a positive result for THC does not confirm that the employee was impaired at work on the day of the test. For this reason, and to protect both the employer and the employee. best practice requires that testing be supplemented with:

• A standardised impairment observation checklist, completed and signed by the observing supervisor at the time of the incident or suspicion.

• A Medical Review Officer (MRO) review — a qualified medical practitioner who reviews the confirmed positive result, considers any legitimate medical explanations such as lawfully prescribed medication, and issues a final medical determination.

• Documentation of observed behaviour, written, signed, and time-stamped by at least one witness.

• An opportunity for the employee to provide a medical explanation before any final determination is made.

What Happens After a Confirmed Positive Result?

A confirmed positive result sets off a carefully managed process. How you navigate this process will determine whether your action is lawful and fair, or whether it becomes a costly dispute at the CCMA/Bargaining Council or Labour Court.

Immediate Steps on the Day

Step 1: Remove the employee from duty immediately. This is both a safety obligation under the OHSA and a protective measure for the employee, their colleagues, and your clients.

Step 2: Do not allow the employee to drive. You have a duty of care. Arrange safe transport home, and document that you have done so. Failure to take this step can expose you to liability.

Step 3: Document everything. Supervisor observations, test results, chain of custody records, the names of witnesses, and the precise time of each action.

Step 4: Preserve the split sample. This sample must be retained and made available for potential counter-testing by the employee at their own or employer-covered cost.

Step 5: Notify the employee of their rights. This includes the right to challenge the result, request analysis of the split sample, and be represented in any subsequent disciplinary process.

The Disciplinary Process: LRA Compliance

The Labour Relations Act 66 of 1995 and the 2025 Code of Good Practice on Dismissal require that all discipline be both procedurally and substantively fair. The following three-step process must be followed:

Step 1: Formal Notice

Issue a written notice to attend a disciplinary hearing. The charge must be clearly and precisely stated for example: “being under the influence of alcohol while on duty in contravention of the company Alcohol and Drug Policy.” The employee must be given reasonable time to prepare, which is generally at least 48 hours.

Step 2: Disciplinary Hearing

• The employee has the right to be represented by a fellow employee or a union representative.

• The employer must present the confirmed laboratory results, the chain of custody documentation, and the supervisor’s observation records as evidence.

• The employee has the right to challenge the evidence, present their own case, and call witnesses.

Step 3: Sanction Determination

The sanction must be proportionate and informed by the following factors:

• The risk level of the role — a laser technician warrants a more serious response than a receptionist.

• The degree of impairment — a confirmed high blood alcohol level is different from trace levels.

• The employee’s prior record — a first offence is treated differently to a repeat incident.

• Whether the policy was clearly communicated and the employee was aware of the consequences.

• Whether the employee showed remorse and cooperated throughout the testing and hearing process.

Possible sanctions, on a sliding scale, include:

• Written warning — appropriate for a low-risk role, trace levels, and a first offence.

• Final written warning with a mandatory referral to an Employee Assistance Programme (EAP).

• Suspension pending rehabilitation.

• Summary dismissal — justified for high-risk roles, high impairment levels, repeat offences, or where a zero-tolerance policy is explicit and has been clearly communicated.

The Employee Assistance Programme Obligation

Under SANS 16001 and the principles of progressive discipline, employers are strongly encouraged and in many cases effectively required to offer the following before moving to dismissal, particularly for a first offence:

• Referral to an Employee Assistance Programme (EAP) for counselling and rehabilitation assessment.

• A rehabilitation and return-to-work agreement, particularly where dependency has been identified.

• Reasonable accommodation for employees undergoing treatment, balanced against the operational safety requirements of the workplace.

A Word of Caution

Dismissing an employee without first offering EAP intervention for a first offence may be found procedurally unfair at the CCMA/Bargaining Council particularly if your written policy does not explicitly state that zero-tolerance applies and that dismissal is the outcome for a first offence. Your policy must be explicit on this point.

Special Considerations: Cannabis and Prescription Medication

The Cannabis Question

The Constitutional Court’s judgment in Prince v Minister of Justice (2018) decriminalised the private use of cannabis by adults. The Cannabis for Private Purposes Act 7 of 2024 further entrenched this right. However, these legal developments do not grant any employee the right to be impaired at work.

Employers retain the full right to enforce zero-tolerance or impairment-based cannabis policies in the workplace. The significant challenge is that urine tests can detect cannabis metabolites for up to 30 days after use. A positive urine result therefore does not confirm that the employee was impaired on duty on the day of the test.

Best practice for cannabis cases is to combine the urine test result with a contemporaneous impairment observation assessment completed by the supervisor, followed by a Medical Review Officer review, before proceeding to any disciplinary action.

Prescription Medication

An employee may test positive for opiates, benzodiazepines, or other controlled substances as a result of lawfully prescribed medication. The Medical Review Officer process must allow the employee a confidential opportunity to disclose this before any final determination is made.

If the prescribed medication is causing functional impairment, the appropriate response may be to temporarily reassign the employee to a non-safety-sensitive role rather than to initiate disciplinary proceedings. This approach balances the employer’s safety obligations with the employee’s rights and dignity.

Record Keeping: Your Obligations Under POPIA

All records generated during the testing and disciplinary process constitute personal information and are subject to the Protection of Personal Information Act 4 of 2013 (POPIA).

You must retain and manage the following records securely and confidentially:

• All test results and laboratory reports.

• Chain of custody documentation.

• Supervisor impairment observation records.

• Disciplinary hearing records and outcomes.

• EAP referral and participation records.

• Return-to-work agreements.

These records must be stored securely, accessed only by authorised persons, and retained only for as long as is legally necessary. Sharing test results with unauthorised parties or storing them insecurely is a POPIA violation with potentially serious consequences for your business.

Legal Compliance Checklist for Employers

Use the table below as a practical self-assessment tool to verify that your substance testing framework is legally compliant and defensible:

Obligation	Status Required
Written Alcohol and Drug Policy in place	✅ Mandatory
Policy communicated to all employees	✅ Mandatory
Roles categorised by risk level within the policy	✅ Mandatory
Two-stage testing protocol followed (screening then GC-MS confirmation)	✅ Mandatory
SANAS-accredited laboratory used for confirmatory testing	✅ Mandatory
Chain of custody maintained throughout	✅ Mandatory
Medical Review Officer (MRO) review conducted on confirmed positives	✅ Best Practice / Increasingly Required
Employee removed from duty safely (no driving)	✅ Mandatory
Disciplinary hearing conducted fairly under the LRA	✅ Mandatory
EAP referral offered (especially for first offences)	✅ Strongly Recommended
All records stored securely under POPIA	✅ Mandatory

In Closing: Fair, Firm, and Properly Equipped

The establishment owner in our opening story had a decision to make. With the right policy in place, one that clearly defines high-risk roles, mandates a two-stage testing process, and sets out a fair disciplinary procedure, that decision becomes far clearer, legally defensible, and far less stressful.

Zero-tolerance policies are justifiable in our industry, but only when they are:

• Grounded in a specific, written, communicated policy.

• Applied consistently and proportionately across different risk levels.

• Backed by calibrated equipment and confirmatory laboratory results.

• Administered through a procedurally fair disciplinary process.

• Supported by access to an Employee Assistance Programme where appropriate.

Employers in the hairdressing, cosmetology, beauty, and skincare industry carry a genuine duty of care to their clients, their employees, and themselves. A well-designed substance policy is not a weapon. It is a framework for safety, fairness, and professionalism.

Disclaimer

This article is intended for general educational and informational purposes only and does not constitute legal advice. Employers are encouraged to consult with an EOHCB representative for guidance specific to their circumstances. The job role risk designations referenced in this article are illustrative and may differ across businesses.