QuestionsQuestions (PDEA MEMORANDUM CIRCULAR NO. 2014-0004)
It is anchored on RA 9165 and its IRR, Civil Service Commission (CSC) Resolution No. 101359 (Guidelines for a Drug-Free Workplace in the Bureaucracy), DOH Administrative Order 2009-0023 (Drug-Free Workplace Program), Dangerous Drugs Board (DDB) Regulation No. 2, Series of 2004 (formulation of drug-free workplace program and authorized drug testing), and related DDB regulations on mandatory drug testing for law enforcement agencies.
All PDEA officials and employees without distinction of rank, status, or salary, including applicants for positions under existing CSC rules and regulations.
It is composed of key PDEA officials (e.g., Deputy Director General for Administration as Chairperson; Deputy Director General for Operations as Co-Chairperson) plus directors of multiple services including Legal and Prosecution, Internal Affairs, and Laboratory, with Plans and Operations representatives as Secretariat. Its duties include overseeing anti-drug policy formulation/implementation, initiating education/awareness and related values programs, and monitoring/evaluating drug-free workplace implementation.
An ASC is PDEA Laboratory Service or Regional Office Laboratory personnel authorized to collect urine specimens. In collection, the donor is accompanied by the ASC to the collection site; female ASCs handle female donors and male ASCs handle male donors.
A Screening Drug Test is the initial test (rapid immunoassay) to identify presumptive positive specimens. A Confirmatory Drug Test validates and confirms a positive screening result using a different, more specific analytical principle (e.g., GCMS) by a government forensic laboratory or accredited drug testing laboratory.
A donor may challenge within 15 days from receipt of the confirmatory test result. A challenge test is a replicate on the same urine sample, and it can only be done once.
The process uses documented forms and records including the Custody and Control Form (CCF), Drug Testing Consent Form (DTCF), Certification, and Receiving Logbook (RL). Chain of custody requires recording names, signatures, dates, and acknowledgment that the sample was sealed in the donor’s presence and not adulterated.
If confirmed positive, the donor, the requesting party, the Chairperson of the Assessment Committee, and the Director, Internal Affairs Service are notified in writing within five (5) days from the date of confirmatory test.
A confirmed positive result after confirmatory test is prima facie evidence of dangerous drug use, without prejudice to prosecution for other RA 9165 violations; a positive screening test must be confirmed to be valid in court. Refusal to undergo mandatory drug test is also treated as prima facie evidence of drug use and is likewise subject to disciplinary action for Grave Misconduct.
A drug test is mandatory for pre-employment and promotion, administered by the PDEA Laboratory Service (LS). All PDEA personnel must be subjected to surprise mandatory drug testing once a year or more, at management discretion, and may be announced or unannounced.
The collection site must be secure and only authorized personnel allowed, toilet facilities must exist, a posted description of proper collection process must be present, all water sources must be secured/ sealed, toilet bowl water dyed except yellow/orange/red dyes, specimen collection requires full view of the toilet bowl for the ASC to observe urination, and the area must be clean and devoid of substances that may be used to tamper (e.g., detergents, cleaning agents, salt, other chemicals).
The specimen must be at least 60 ml urine, split into two (2) separate screw-capped polyethylene bottles with at least 30 ml each. Bottles are labeled with donor name, ID number, signature, date of collection, and assigned code.
The donor must inform the LS/ROL personnel handling the test and declare the name/brand of drugs, purpose, duration taken (especially when taken within 24 hours prior), number of drugs, the prescribing physician’s name, and the drugstore/distributor where purchased.
The donor has 15 days from receipt of the confirmatory test result to challenge. All expenses relative to the challenge are borne by the donor.
After the 15-day challenge period or after receipt of the challenge result, a Show Cause Order is issued directing explanation within three (3) days. After that, preliminary investigation determines prima facie case. If formal charge is warranted, a Formal Charge (Grave Misconduct) is issued. The respondent must submit an Answer under oath within 72 hours from receipt of the Formal Charge. A formal investigation occurs if needed or if elected; otherwise a report is submitted. Formal investigation report is within 15 days after conclusion, and decision must issue within 30 days from receipt of the report.
It constitutes prima facie evidence for Grave Misconduct. Refusal is also considered prima facie evidence of drug use and likewise subjected to disciplinary action for Grave Misconduct.