BUSINESS LAW &TAX
JULY 2023 WWW.BUSINESSLIVE.CO.ZA
A REVIEW OF DEVELOPMENTS IN CORPORATE AND TAX LAW
Getting smart about smart drugs in the workplace
BITTER PILL TO SWALLOW
Employers need to distinguish users of prescribed •drugs for mental disorders from those abusing them Lauren Salt ENSafrica
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lobally, there is a rising trend in the misuse of prescription drugs, including those used for treating attention deficit hyperactivity disorder (ADHD), such as Ritalin and Adderall. While previous research largely centred around the misuse of ADHD drugs in tertiary education, an increasing body of research shows an increase in people’s interest in improving cognitive functioning to gain a competitive edge in the workplace which, in turn, leads to a rise in the prevalence of smart drugs in the workplace.
WHAT ARE SMART DRUGS?
People suffering from ADHD have lower levels of dopamine in the reward centre of the brain. Dopamine levels play a pivotal role in memory, movement, motivation, mood and attention. ADHD drugs stimulate the production of dopamine (and
TACKLING THE MISUSE OF ADHD DRUGS IN THE WORKPLACE WOULD REQUIRE A MULTIPRONGED APPROACH other neurotransmitters) and /or increase its availability through inhibiting its uptake in the brain. For individuals
suffering from ADHD, taking these drugs can bring their cognitive functions to their normal levels. However, when used by those who do not suffer from ADHD, studies have shown that these individuals are likely, in certain circumstances, to experience greater cognitive functioning. In the context of the workplace, those who “dope” with ADHD drugs are likely to demonstrate higher than normal cognitive abilities which enables them to work longer hours, concentrate for extended periods and perform certain tasks at an improved standard. This is why these drugs have been dubbed “smart drugs” when misused.
WHAT IS THE IMPACT OF
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SMART DRUGS ON THE WORKPLACE? While the idea of having supercharged workers might be appealing to employers in the always-on, competitive work environments of today, it is important to emphasise the downside of permitting or turning a blind eye to such doping practices in the workplace. These drugs, classified in the same category as methamphetamine, are associated with a number of fairly serious side effects. As with many prescription drugs in this class, if the dosage is not consistent or properly managed it can lead to addiction and withdrawal, the symptoms of which may manifest
in a mental and/or physical crash. In addition, users may also be taking the drugs to mask other serious issues such as burnout, chronic fatigue and other exhaustion causing conditions. Although permitting or condoning the misuse of smart drugs in the workplace carries many risks and ramifications, the most pertinent of these are those related to health and safety. In extreme examples, a withdrawal-induced crash could affect the health and safety of not only the employee using the drugs, but those around them too when, for example, the employee operates dangerous machinery or is responsible for the well-
being of others. In the SA context, employers have a positive obligation in terms of the Occupational Health and Safety Act, 1993 to create a healthy and safe working environment for employees as far as is reasonably practicable. This involves conducting a risk assessment and implementing risk mitigation measures for any risks identified. However, navigating and regulating the use (and misuse) of prescription drugs, particularly those used for treating ADHD, is no easy feat. To conduct a risk assessment, the employer would need to require all those CONTINUED ON PAGE 2