Question & AnswerQ&A (BOARD REGULATION NO. 13, S. 2018)
The primary objective is to promote the establishment and institutionalization of drug-free workplace policies in all government agencies and ensure all public officers, elective and appointive, remain drug-free through authorized drug testing pursuant to RA No. 9165, ensuring effective and efficient government service free from drug-related ill effects.
All appointive public officers in government offices including constitutional bodies, departments, bureaus, agencies, government-owned corporations, state and local universities, colleges, and elective local officials of local government units are covered. However, military, police, and law enforcement personnel required to undergo annual mandatory drug testing are excluded.
Personnel found positive after a confirmatory test shall be subjected to disciplinary or administrative proceedings with a penalty of dismissal from the service at first offense.
Authorized Drug Testing refers to tests conducted by Department of Health (DOH)-accredited laboratories, employing screening tests to detect potential positive results and confirmatory tests to validate positive screenings.
Random Drug Testing is drug testing where every employee in a group has an equal probability of being tested without prior notice of the date or venue.
The committee, composed of management, employees, and union members, assists the Head of Agency in drafting and implementing the Drug-Free Workplace Policy, including creating an Assessment Team to conduct substance abuse awareness and prevention programs.
Yes, Contract of Service or Job Order employees are subject to authorized drug testing and this must be reflected in the Drug-Free Workplace Policy of the government office.
The Head of Agency notifies the officer who has fifteen (15) days to challenge the confirmatory test result through a challenge test using the same specimen. The challenge test is at the expense of the public officer. A positive challenge test result is final, and administrative proceedings follow. Failure to challenge within 15 days makes the initial positive result final.
Appointive public officers refusing to submit without valid reason are charged with the administrative offense of Grave Misconduct. Elective officials face disciplinary action for misconduct in office pursuant to Section 60 of the Local Government Code and related IRR provisions.
All drug test results are strictly confidential. Only the Head of Agency or Local Chief Executive and members of the Assessment Team may access results. Unauthorized disclosure of data is prosecutable under Section 32, Article II of RA 9165.