Question & AnswerQ&A (DOLE DEPARTMENT ORDER NO. 53-03, s. 2003)
No, it is mandatory only for establishments employing ten or more workers; however, establishments with less than ten workers are encouraged to adopt such policies.
These policies and programs shall be prepared jointly by management and labor representatives.
They must include advocacy, education and training, drug testing programs, treatment, rehabilitation and referral procedures, and monitoring and evaluation.
Employers shall require a random drug test for officials and employees following company work rules, ensuring strict confidentiality.
Drug testing should conform with the procedures prescribed by the Department of Health, be conducted in DOH-accredited centers, and include both screening and confirmatory tests.
The company’s Assessment Team evaluates the results and determines the care and administrative interventions for the employee.
They have the right to due process; absence of which renders the referral procedure ineffective.
The Labor Inspectorate of the DOLE Regional Offices primarily monitors compliance, and may delegate monitoring to Local Government Units.
They will be subject to the pertinent provisions of RA 9165 and administratively dealt with under the Labor Code and RA 9165.
It refers to an unannounced schedule of testing where each employee has an equal chance of being selected for testing.
It addresses all aspects of prevention, treatment, and rehabilitation, including evaluating drug test results and recommending interventions.
No, confidentiality must be maintained; exceptions are only when required by law, overriding public health concerns, or with written authorization from the concerned person.
The Task Force includes representatives from DOLE, CSC, DOH, DDB, DSWD, DOJ, DILG, MARINA, TUCP, ECOP, PMAP, NGOs, and other DOLE agencies.
A drug test is valid for one year, but additional testing may be required for just cause.
It refers to a dynamic process aimed at physical, emotional, vocational, social, and spiritual recovery to enable a drug dependent employee to live drug-free and be productive.
They should be included as part of the Collective Bargaining Agreements.
The employer must disseminate the policies to all officers and employees and obtain written acknowledgment that the policies have been read and understood.
The workplace includes offices, premises, worksites where workers are habitually employed, and venues used by the employer for company functions.