Legal basis for compulsory testing
- The order implements paragraph (d), Section 36 of the rules implementing Republic Act No. 9165.
- The order requires compliance through a random compulsory drug testing program.
- The order directs internal units to assist in enforcing the program in the workplace.
Scope and coverage of testing
- Drug testing is compulsory on all officials and employees of the MCIAA.
- Urine sample collection is performed at the workplace of the concerned official or employee.
- The order covers officials and employees subject to the MCIAA drug testing program under this internal directive.
Authority and collection rules
- The Administrative Department has the authority to determine the actual taking of urine samples for drug testing.
- Actual urine sample taking must be carried out by personnel of a reputable and experienced drug testing institution.
- Urine sample taking must be done in a random manner.
- Urine sample taking must occur at the workplace of the official or employee concerned.
Random testing process and compliance
- Officials and employees must submit to the actual taking of urine samples for drug testing.
- Evasion or refusal to submit for actual urine sample taking is construed as using prohibited and dangerous drugs.
- Officials and employees who evade or refuse are subject to discipline only with observance of due process.
- Refusal to give access to the authorized personnel conducting drug testing at the workplace is construed as refusal to submit for drug testing.
- The same construal applies to an official or employee who is not present during the taking but has a record of arrival in his/her time card.
Determination of positive drug use and penalties
- Any official and employee found positive of pushing or using prohibited drugs is subject to penalties after proper notice and hearing.
- For pushing of illegal, prohibited and dangerous drugs:
- 1st Offense — DISMISSAL
- For use of illegal, prohibited and dangerous drugs:
- 1st Offense — DISMISSAL