South Africa Rob Peacock Highlander Risk Management Group Managing Director
According to Section 7 of the Employment Equity
Act 55 of 1998 (EEA), a “medical test” is defi ned as “any test, question, inquiry or other means to ascertain whether an employee had any medical condition”. T is defi nition is wide and would include regular forms of drug testing. Section 7 of the EEA, which deals with the regulation of medical testing, provides that medical testing of employ- ees or applicants for employment is prohibited, unless per- mitted by legislation or if the testing is justifi able in the light of: • Medical facts; • Employment conditions; • Social policy; • T e fair distribution of employee benefi ts; or • T e inherent requirements of a job. T e only regulation that I am aware of that specifi -
cally stipulates the specimen must be collected by a person registered as a medical professional is the Civil Aviation Authority.
samples only, which is understandable
Canada Barry D. Kurtzer, B.Sc
., M.D., M.R.O. DriverCheck Inc. Medical Director and Chief MRO
Canada has no regulated workplace drug and alco-
hol testing requirements governing domestic or expat citi- zens. As such, testing of expat employees would fall under the direction of an employer’s or client’s testing policy, or under any applicable testing regulations currently in place in the jurisdiction governing the expat workplace site. For Canadian citizens working abroad, and notwithstanding the need for mandatory compliance with applicable test- ing and/or other laws governing the non-Canadian based workplace site, there is the potential and/or likelihood that the Canadian employer may still have to adhere to worker protection requirements under Canadian Human Rights Law (including the need to accommodate workers with disabilities, such as drug and/or alcohol dependency), Pri- vacy Law, Employment Standards Law, and/or any other
© 2015 International Forum for Drug and Alcohol Testing. All rights reserved. 13 Interestingly, this stipulation appears to blood
applicable Canadian law depending upon circumstances.
Chile Patricio Labatut Global Partners SpA. Gerente General
Usually the alcohol and drug policy for an expatri-
ate is stipulated by each company as part of special situa- tions. Typically, you will apply the same policies defi ned for a regular employee with the exception that there are local regulations that prevent this, or by these same local regulations these policies need to be adapted. Moreover there are countries that do not have specialized labora- tories or with the products and services they require to implement the policy of the company that imply more ex- penses and also requires a diff erent logistics.
Turkey Serap Annette Akgür, MD, PhD Ege University Institute of Drug Addiction, Toxicology and Pharmaceutical Sciences Unfortunately it is not defi ned by any regulations,
in the national companies the applied system for employ- ees are Turkish legislations which they are working for.
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