As online shopping becomes the default route for workplace equipment, employers are being cautioned a breathalyser bought with a few clicks may not hold up when a dismissal is challenged. The warning applies particularly to commercial fleet managers, health and safety officers and businesses that test employees for alcohol, where the consequences of a poor purchasing decision extend well beyond the device itself.
“Consumer-grade units sold on digital marketplaces often carry features such as Bluetooth connectivity and favourable review scores, but these offer no assurance that the equipment is fit for workplace use,” says Rhys Evans, Managing Director of ALCO-Safe.
“Alcohol testing in a commercial environment requires legally defensible results, strict testing protocols and a reliable evidentiary trail. In many cases, online purchases fall short on all three.”
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He points out the sensor inside the device is a central concern as evidentiary-grade breathalysers use electrochemical fuel cell sensors, while many cheaper consumer models rely on semiconductor sensors that are prone to cross-reactivity from substances such as menthol, mouthwash or elevated ketones.
“When a reading is used to support disciplinary action or a summary dismissal, a false positive can result in an innocent employee facing gross misconduct allegations. Under South African labour law, the employer must prove misconduct on a balance of probabilities and recent rulings at the CCMA and Labour Court indicate breathalyser results will be scrutinised closely. An employer relying solely on an unverified or low-grade device, without supporting evidence, may struggle to defend a dismissal.”
Evans emphasises the competence of the person administering the test is equally important because even high-end equipment can produce indefensible results if operated incorrectly. Operators need formal training in collecting uncontaminated breath samples, managing waiting periods to prevent residual mouth alcohol from distorting readings and maintaining chain-of-custody documentation.
South African legal precedents distinguish between an employee ‘testing positive’ for alcohol and being ‘under the influence’.
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“Unless a workplace policy sets a justifiable zero-tolerance standard for a high-risk environment, a breathalyser reading is generally treated as a screening tool rather than proof of impairment,” he says. “Employers seeking to uphold a dismissal must present corroborating evidence, including visual observation checklists noting indicators such as slurred speech, bloodshot eyes, an unsteady gait or the smell of alcohol. Online purchases rarely include operator training, leaving internal staff ill-equipped to build a legally sound record.”
Support after purchase is another factor. Breathalysers are precision instruments that drift out of alignment over time and require servicing and calibration, typically every six to 12 months depending on usage and manufacturer specifications.
When a dismissal is challenged at the CCMA, the employer must produce a valid, up-to-date calibration certificate for the specific device used on the day of the test. If the device is past its calibration date, or its calibration history cannot be reliably verified, the credibility of the test evidence may be significantly undermined.
“Buyers should establish before purchase who will calibrate and service the unit in South Africa and whether traceable certificates can be issued. If that answer is unclear, the initial saving may disappear once a dispute arises.
“A test reading does not exist in isolation. To withstand scrutiny, an employer must show that the equipment was appropriate, functional and regularly calibrated by an accredited provider; that the testing officer was trained and certified; that clear testing logs, observation reports and chain-of-custody records were kept; and that the employee was offered the right to request a confirmatory re-test or blood test if the initial result was disputed.
“Sourcing equipment from an established local partner provides access to verified serial tracking, calibration records, standard operating procedures and expert testimony if a case proceeds to arbitration. Many online vendors do not offer this level of support or documentation.”
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For South African businesses, the question is not simply how cheap a breathalyser is, but whether the device, the operator and the process behind the test can be relied upon if the result is challenged at the CCMA.
Sensor technology, the operating environment, operator training, calibration and servicing all need to be considered before a purchase is made. The right hardware is only one part of effective workplace alcohol testing; the support behind it, including qualified training, accredited calibration and practical guidance, matters as well.
A breathalyser can be bought online in a few clicks, but a defensible workplace testing process takes considerably more.
Colin Windell for Colin-on-Cars in association with
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