CAN THE BREATHALYZER BE USED AS EVIDENCE AT WORK?

By Teboho Sekhosana

 CAN THE BREATHALYZER BE USED AS EVIDENCE AT WORK?

Breathalyzer results can potentially be used as evidence at work, but this depends on several factors including:

1. Company Policies : Many companies have specific policies regarding alcohol use and testing. Ifan employee has agreed to these policies, the results of a breathalyzer test may be admissible as evidence for disciplinary action.

2. Consent : If an employee has consented to a breathalyzer test, either explicitly or through an agreement to company policies, the results are more likely to be used as evidence.

3. Legal Considerations: In some jurisdictions, there may be legal requirements or protections related to workplace testing. It is essential to ensure that the workplace complies with local laws and regulations.

4. Accuracy and Calibration : The breathalyzer equipment must be properly calibrated and maintained to ensure accurate results. Any challenge to the accuracy of the device could impact its admissibility as evidence.

5. Chain of Custody: Proper procedures must be followed  to maintain the chain of custody of the test results, ensuring that evidence has not been tempered with.

6. Privacy Concerns: Employee privacy rights must be considered, and any testing should be conducted in a manner that respects these rights.

In a summary, while breathalyzer results can be used as evidence at work, it requires careful consideration of company policies, consent, legal requirements , and procedural accuracy. Consulting with legal professionals is advisable to ensure compliance with all relevant laws and regulations.

By
Teboho Sekhosana
Social and Political Activist
sekhosanateboho9@gmail.com
084 436 1494
My name is Teboho Sekhosana I'm an ex Numsa Shopsteward trained in Grievance and Case Handling. Political activists who has had a privilege to spend time in South America(Venezuela)

Comments

  1. Mbikwa Enock7 August 2024 at 08:39

    Very Educational and Positive also an- opener to our South African- Employees,African Majority ( Blacks in particular) keep it up ...

    ReplyDelete
  2. SEKHOSANA TEBOHO7 August 2024 at 12:16

    Thank you Comrade.

    ReplyDelete

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