Cannabis in the Workplace: Understanding the New Draft Regulations and What They Mean for Employers

The Legal Background: Cannabis and South African Law

The legal journey surrounding cannabis in South Africa began with a landmark Constitutional Court ruling in 2018, which determined that criminalising the private use of cannabis by adults was unconstitutional. Following this ruling, government was required to develop legislation that would regulate the private use and possession of cannabis.

This process eventually led to the Cannabis for Private Purposes Act, 2024, which provides a legal framework allowing adults to possess and cultivate cannabis for personal use within defined limits.

However, the Act focuses primarily on private possession and use, and does not override the responsibilities imposed on employers under workplace legislation. This means that although individuals may legally use cannabis in private settings, this does not automatically grant employees the right to be under the influence of cannabis while at work.

The publication of the draft regulations in February 2026 seeks to address the practical realities of how cannabis use interacts with workplace policies, safety obligations, and employer responsibilities.

Draft Regulations: Clarifying Workplace Expectations

The draft regulations aim to provide clearer guidance to employers and employees regarding cannabis use in professional environments. They recognise the legal reality that cannabis may be used privately by adults, but also acknowledge that workplaces must remain safe, productive, and compliant with existing legislation.

The draft regulations are expected to address several key issues, including:

• The distinction between private cannabis use and workplace impairment
• Employer rights and responsibilities regarding substance use policies
• The management of safety-sensitive roles
• The need for clear workplace policies and disciplinary procedures
• The protection of employees and third parties from workplace risks caused by impairment

Although the regulations remain in draft form, they reinforce an important principle: legal private use does not remove workplace safety obligations.

Occupational Health and Safety Obligations Still Apply

Regardless of cannabis legalisation, employers remain bound by the Occupational Health and Safety Act, 1993 (Act 85 of 1993).

Section 8 of the Act places a clear obligation on employers to ensure, as far as reasonably practicable, that the working environment is safe and without risk to the health and safety of employees.

This duty includes ensuring that workplace conditions, equipment, systems of work, and supervision are managed in a way that prevents injuries and protects employees and others who may be affected by workplace activities. Employers must therefore implement appropriate policies, procedures, and controls to manage risks that may arise from impairment caused by substances such as alcohol or cannabis.

However, the responsibility for workplace safety does not rest solely with the employer.

The Occupational Health and Safety Act also places legal duties on employees through Section 14 – General Duties of Employees at Work.

In terms of Section 14, every employee has a legal obligation to:

• Take reasonable care for their own health and safety and that of other persons who may be affected by their actions or omissions.
• Co-operate with their employer in order to enable the employer to comply with health and safety duties imposed by the Act.
• Obey lawful instructions, health and safety rules, and workplace procedures established by the employer in the interest of safety.
• Report unsafe or unhealthy situations to the employer or a health and safety representative as soon as reasonably practicable.
• Report incidents or injuries that may affect their health or safety.

These provisions make it clear that workplace safety is a shared responsibility.

Employees who report to work while impaired by cannabis or any other substance may place themselves and others at risk, particularly in safety-sensitive environments. Such behaviour may also constitute a breach of workplace safety rules and the employee’s legal duties under the Act.

For this reason, employees are expected to ensure that they are fit for duty when reporting for work and that they comply with the safety policies and procedures implemented by their employer.

In industries where physical hazards are present, impaired decision-making, reduced coordination, and slower reaction times can significantly increase the risk of serious incidents or fatal accidents.

Cannabis and High-Risk Work Environments

Certain industries present significantly higher safety risks than others. In these environments, the consequences of impairment can be severe.

Examples of safety-sensitive work activities include:

• Working at heights
• Operating heavy machinery or equipment
• Driving company vehicles or mobile plant
• Electrical installation and maintenance
• Handling hazardous chemicals or materials
• Performing construction activities on active sites

In these environments, even minor impairment can result in serious injury, structural damage, or loss of life.

For this reason, employers must ensure that workers performing safety-critical tasks are fit for duty at all times.

The Challenge of Detecting Impairment

One of the most complex challenges associated with cannabis in the workplace is the difficulty in determining impairment.

Unlike alcohol, which can be measured using breathalyser tests that indicate real-time intoxication levels, cannabis metabolites may remain detectable in the body for extended periods after use, even when the individual is no longer impaired.

This creates uncertainty for employers when implementing drug testing policies.

The draft regulations may therefore assist employers by providing guidance on how impairment should be assessed and managed, rather than relying solely on laboratory testing.

Employers may need to rely on a combination of:

• Clear workplace policies
• Supervisor observations
• Incident investigations
• Medical evaluations
• Reasonable testing procedures

Reviewing Workplace Policies

Even though the regulations are still in draft form, employers should take this opportunity to review their existing workplace policies and procedures.

A well-structured Substance Abuse Policy should address the following:

Clear Prohibition of Impairment at Work

Employees should not report for duty while impaired by cannabis, alcohol, or any other substance that may affect their ability to work safely.

Fit-for-Duty Requirements

Employees performing safety-sensitive tasks must be physically and mentally capable of performing their duties safely.

Reporting and Disciplinary Procedures

Policies should clearly outline the steps that will be taken if employees are suspected of being impaired while at work.

Education and Awareness

Employees should be informed about the difference between legal private use and workplace impairment, as well as the potential safety consequences of substance use.

Preparing for Future Regulatory Changes

Because the cannabis workplace regulations are currently draft regulations published for comment, they may still undergo amendments before becoming legally binding.

However, the publication of these draft regulations signals that government recognises the importance of clear guidance for employers navigating the changing legal landscape.

Organisations that begin reviewing their policies and procedures now will be better prepared when the final regulations are published.

Proactive preparation can help companies avoid confusion, reduce legal risk, and maintain safe working environments.

How Zenith Safety Consultants Can Assist

At Zenith Safety Consultants (ZSC), we support organisations in maintaining compliant and effective workplace health and safety systems.

Our services include:

• Developing Substance Abuse Policies aligned with South African legislation
• Conducting workplace risk assessments
• Assisting with Health and Safety File compliance
• Providing employee training and awareness programmes
• Ensuring companies remain compliant with the Occupational Health and Safety Act

As legislation evolves, it is essential that businesses remain informed and proactive in managing workplace safety risks.

Conclusion

The publication of the draft cannabis workplace regulations in February 2026 represents an important step toward clarifying how cannabis use should be managed in professional environments.

While the Cannabis for Private Purposes Act, 2024 allows adults to use cannabis privately under certain conditions, it does not remove the responsibility of employers to maintain safe and healthy workplaces.

Employers must therefore continue prioritising workplace safety, clear policies, and responsible employee conduct.

As the regulatory process continues and the draft regulations move toward finalisation, organisations should remain attentive to developments and ensure that their policies and procedures are aligned with both legal requirements and best safety practices.

Disclaimer:
The cannabis workplace regulations discussed in this article are currently draft regulations published for public comment and may change before being formally promulgated.