QuestionsQuestions (DOH ADMINISTRATIVE ORDER NO. 2009-0023)
The main objective is to institute the Drug-Free Workplace Program in the Department of Health and all its attached agencies and to list down the guidelines for its implementation.
It applies to all employees without distinction as to rank, status, and salary of the Department of Health Central Office, attached agencies, Centers for Health Development, DOH Retained Hospitals, and DOH Treatment & Rehabilitation Centers.
The legal basis includes Dangerous Drugs Board Regulation No. 2 series of 2004, Republic Act 9165 (Comprehensive Dangerous Drugs Act of 2002), Republic Act 6713 (Code of Conduct and Ethical Standards of Government Officials and Employees), and Rule XIV Section 22 of the Civil Service Law and Rules.
'Drug Offender' refers to any employee found positive of prohibited drug after confirmatory testing. 'Drug Dependence' is a cluster of physiological, behavioral, and cognitive phenomena involving a strong desire or compulsion to use psychoactive drugs, causing difficulties in controlling use, based on WHO's definition.
The components include Advocacy, Education and Training; Drug Testing Program for officials and employees; Management, Treatment, Rehabilitation and Referral; and Monitoring and Evaluation.
The Committee consists of a Chairperson, Vice Chairperson, and members such as the Personnel Officer, Officer of Employees Union, and Program Coordinator for Drug Abuse. Legal Officer, Health Promotion and Education Officer, Psychiatrist/DDB-DOH Accredited Physician may also be invited.
Grounds include reasonable suspicion based on personal appearance, mental factors, general performance, peer relations; involvement in workplace accidents; discovery of drug paraphernalia; detention or filing of charges for drug-related offenses; and employees returning to work after rehabilitation.
The first offense results in advising the employee to undergo drug dependency examination/assessment and evaluation at a medical institution for proper intervention.
The Committee shall recommend administrative disciplinary action charging the employee with GRAVE MISCONDUCT under the Uniform Rules of Administrative Cases and other Civil Service Rules.
Strict confidentiality must be observed; any breach of confidentiality is a violation punishable under Section 72 of RA 9165.
The employee has 15 calendar days to request re-examination on the original urine sample at another accredited confirmatory lab, in the presence of the employee. The Committee waits for the report before taking further action.
Treatment may include outpatient services or counseling, residential treatment and rehabilitation, and aftercare services with monitoring. The program emphasizes that drug addiction is a disease that can be treated.
The agency funds the drug testing; first-time offenders' outpatient and residential treatment are free except for contractual employees, with leave credits applied for residential stay.
Agency heads must approve the program implementation, oversee the Committee's work, receive reports, disseminate policies, and ensure alignment to the Order's provisions.