QuestionsQuestions (DOLE DEPARTMENT ORDER NO. 53-03, s. 2003)
It is issued in accordance with Article V of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) and its IRR, and in consultation with the Tripartite Task Force created under DOLE Department Order No. 37-03, s. 2002, to provide guidelines for implementing drug-free workplace policies and programs for the private sector.
All private sector establishments, including their contractors and concessionaires.
Yes. It is mandatory for private establishments employing ten (10) or more workers to formulate and implement drug abuse prevention and control programs, including adoption of company policies against dangerous drug use.
They shall be prepared jointly by management and labor representatives and made an integral part of the company’s occupational safety and health and related workplace programs.
They must be included as part of the Collective Bargaining Agreements (CBA).
Assistance may be sought from the Tripartite Task Force through the Occupational Safety and Health Center (OSHC). DOLE Regional Offices serve as focal centers in their jurisdictions for information on RA 9165 and workplace prevention and control.
Examples include: (1) Advocacy, Education and Training (including billboards/streamers and orientation topics), (2) Drug Testing program (random tests, confidentiality, DOH-accredited centers, screening and confirmatory tests), (3) Treatment, Rehabilitation and Referral (Assessment Team and DOH-accredited centers), and (4) Monitoring and Evaluation.
Employers must increase awareness and education of officers and employees on adverse effects of dangerous drugs and monitoring of employees susceptible to drug abuse, including orientation topics such as salient features of RA 9165/IRR, company policies, adverse effects, preventive measures, and steps for intervention plus available services for treatment and rehabilitation.
It is intended to reinforce the policy visibly in the workplace. Suggested standard message is: “THIS IS A DRUG-FREE WORKPLACE; LET'S KEEP IT THIS WAY!” or similar wording.
Employers shall require officials and employees to undergo a random drug test to reduce risk in the workplace, with strict confidentiality regarding screening and screening results.
Drug testing must conform to procedures prescribed by the Department of Health (DOH), and only drug testing centers accredited by the DOH may be utilized. A list of accredited centers is available through the OSHC website.
Drug testing consists of a screening test and a confirmatory test. The confirmatory test is carried out if the screening test turns positive. The employee must be informed of the test results whether positive or negative.
A drug test is valid for one year. Additional testing may be required for just cause, such as after workplace-related accidents (including near miss), after treatment/rehabilitation to establish fitness to return to work, or when there are clinical findings and/or recommendation by the Assessment Team.
All cost of drug testing shall be borne by the employer.
The company’s Assessment Team evaluates the results and determines the level of care and administrative interventions to be extended to the concerned employee.
Referral is an option determined by the Assessment Team and is given to employees who are diagnosed with drug dependence for the first time, who turn to the Assessment Team for assistance, or who would benefit from treatment and rehabilitation.
The Assessment Team, in consultation with the head of the rehabilitation center, evaluates the status of the drug-dependent employee and recommends resumption of job if the employee poses no serious danger to co-employees and/or the workplace.
All officers and employees enjoy the right to due process; absence of due process renders the referral procedure ineffective.
The Labor Inspectorate of the DOLE Regional Offices monitors compliance. DOLE may also delegate monitoring to Local Government Units through a Memorandum of Agreement.
Use/possession/distribution/sale/tolerating/transferring dangerous drugs or other unlawful acts as defined under Article II of RA 9165 are subject to the relevant provisions of RA 9165. Employees found positive for use are dealt with administratively according to Article 282 of Book VI of the Labor Code and under RA 9165.