Will Alco-Blow Introduction At The Workplace Violate Employee Rights?

By Tabitha Makumi,
You’ve seen Kenyans from all walks of life blow the gadgets and fail the test. Talk about senators, MP’s and judges…and most Kenyans have been watching from the sidelines. But have you paused to wonder what would happen if the gadgets were introduced at the workplace?

Samuel Oluoch* a finance officer with a logistics firm says it’s enough to have law enforcers harassing him on the roads to have his employer do the same at the workplace.

He admits that, “I am not proud but there are some days during the week when I show up at work a little, just a little tipsy but no one notices since I go on with my work as usual and it does not affect my performance.”

He says if his employer decided to introduce the gadget he would start maybe drinking less during the week. “But then again I have one of those bosses whom drinking comes second to breathing and I don’t think he would advocate for it leave alone for his employees.”

Maina Gaitho an Interior Design company owner quips that, “Why would it come to a point of me as an employer having to introduce alco-blow at the work place?” he adds that, “If that’s the case, then the Human Resource department at my firm will have failed its work since there is a code of conduct which every employee is issued with as they sign their employment contract which more or less states showing at work drunk can lead to summary dismissal.”

So, back to our question, do these gadgets infringe on employee rights at the work place?

Speaking to Alex Mulwa the Operations and HR Manager at Palbina Travel, he says “Constitutionally yes since you will be infringing on their personal privacy but then again there should be exceptions for people such as say doctors, teachers, drivers or people in professions where being vigilant and alert is required.”

He however adds that introductions of the gadgets at the workplace would lead to employees running to workers union such as COTU in efforts of trying to defend their rights.

He adds that “I however feel that while alco-blows may work in the government sector, that may not be the case in the private sector where employees are under performance contracts. So, what happens  if an employee fails the breathalyzer test and their performance has never been an issue, would you still fire them?” he poses.

And what do other practitioners have to say about this contentious issue? Mr Githaiga a HR Officer asserts that, “It is definitely an infringement. To my recollection only law enforcers are mandated to use this device,” he adds that, “blood tests are a much law worthy way around the alcoholism quagmire at the workplace.”

In a recent forum discussing the same, Benard Abel Nyakundi a HR Assistant Manager with AA Lodges offered a solutions for companies. He wrote, “Just have policies in place, well rolled out and communicated to all employees. You will be able to overcome some related challenges that might give you sleepless nights….”

Would you feel rights had been infringed on  if your employer decided to introduce the gadget at the workplace one Monday morning?