QuestionsQuestions (MCIAA OFFICE ORDER NO. 076-04)
The order cites paragraph (d), Section 36 of the rules implementing RA No. 9165, as the authority for conducting random compulsory drug testing.
All officials and employees of MCIAA (the office issuing the order).
Only the Administrative Department is authorized to determine the actual taking of urine samples for drug testing.
Urine samples must be taken only by personnel of a reputable and experienced drug testing institution.
Urine sample taking shall be done in a random manner at the workplace of the official or employee concerned.
They shall be construed to have been using prohibited and dangerous drugs, but no disciplinary action shall be taken without due process.
No. The order explicitly provides that no disciplinary action shall be taken without observance of due process.
They shall also be construed to have refused to submit themselves for drug testing, applying the same rule as in the refusal/evading scenario.
The same rule shall be applied: they shall be construed as refusing to submit to drug testing.
Penalties may be imposed only “after proper notice and hearing,” i.e., after observance of due process.
Dismissal (1st offense).
Dismissal (1st offense).
Upon approval by the Board.
To effectively enforce the drug testing program, by rendering assistance as may be necessary during implementation.
It reserves the authority to determine the actual taking of urine samples exclusively to the Administrative Department.
The staff member is construed to have refused to submit for drug testing, and the same rule applies as to evasion/refusal—i.e., construed as using prohibited and dangerous drugs (subject to due process).