Drug-Free Workplace Policy for Gov't Officials

Policy objectives and purpose

The regulation promotes the establishment and institutionalization of drug-free workplace policies in all government agencies.
The regulation ensures that all public officers—both elective and appointive—remain drug free through authorized drug testing pursuant to Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002), as amended.
The regulation requires government services to be effective and efficient, free from the ill-effects of drug use in the workplace, by preventing entry and use of dangerous drugs among personnel.

Definitions and key terms

Authorized Drug Testing is testing done by drug testing laboratories accredited by the Department of Health (DOH) using at least two methods: a screening test (determines positive result and type of drug) and a confirmatory test (confirms a positive screening test).
Challenge Test is a drug test conducted as a result of a challenge filed by a public officer who tested positive for drug use in a confirmatory test during an authorized drug testing activity.
Confirmatory Test is an analytical test using a device, tool, or equipment with a different chemical or physical principle to validate and confirm the screening test result.
Contract of Service / Job Order refers to government work where no employer-employee relationship exists, including lump sum work or services (e.g., janitorial, security, consultancy), and piece work or intermittent jobs of short duration not exceeding six (6) months on a daily basis—employment covered by contract and not covered by Civil Service law rules and regulations, but covered by Commission on Audit rules; participants do not enjoy benefits received by government employees.
Dangerous Drugs include those listed in the schedules annexed to the 1961 Single Convention on Narcotic Drugs as amended by the 1972 Protocol, and those listed in the schedules annexed to the 1971 Single Convention on Psychotropic Substances, as enumerated in the annex that is an integral part of Republic Act No. 9165, as amended.
Drug Dependency Examination is an examination conducted by a DOH-accredited physician to evaluate extent of drug use and determine whether the person is drug dependent, including history taking, intake interview, criteria determination for drug dependency, mental and physical status assessment, and detection of dangerous drugs in body specimens through laboratory procedures.
Employee Assistance Program is a program providing assistance for alcohol or drug-related issues affecting work performance, jointly implemented by the agency, employees, and employees’ union.
Mandatory Drug Testing is compulsory submission to drug testing mandated by Republic Act No. 9165 or the agency’s drug-free workplace program.
Public Officer is any person holding a public office in the Government of the Republic of the Philippines by virtue of appointment, election, or contract.
Random Drug Testing is drug testing where selection results in equal probability that any employee in a group will be tested without prior notice of date and venue.
Screening Test is a rapid drug test performed to establish potential or presumptive positive result, referring to the immunoassay test to eliminate further consideration and identify presumptively positive specimens requiring confirmatory test.
Substance Use Disorder (SUD) is a term in Diagnostic Manual 5 combining categories of substance use, abuse, and dependence into a single disorder measured on a continuum (mild to severe), with diagnosis based on overarching eleven (11) behavioral criteria; specific substances are addressed as separate disorders, and clinicians may add descriptors such as “in early remission,” “in sustained remission,” “on maintenance therapy,” or “in controlled environment.”
Mild SUD exists when a minimum of two (2) to three (3) criteria are met.
Moderate SUD exists when four (4) or five (5) criteria are met.
Severe SUD exists when six (6) or more symptoms/criteria are met.

Coverage, covered offices, and exclusions

The regulation covers all appointive public officers in offices including all constitutional bodies, departments, bureaus, and agencies of the national government, government-owned and controlled corporations, and state and local universities and colleges.
The regulation covers elective local officials of local government units.
The regulation requires compliance through drug-free workplace policies established by government offices.
Officers and members of the military, police, and other law enforcement agencies required to undergo annual mandatory drug testing under the Act are excluded from the regulation’s coverage.
Personnel found positive for dangerous drugs after confirmatory testing are subject to disciplinary/administrative proceedings, with a penalty of dismissal from the service at first offense.

Agency duties and program requirements

The Head of Agency must ensure adoption and implementation of a continuing and sustainable substance abuse awareness and prevention program and must inform all officials and employees of:
- the agency’s Drug-Free Workplace Policy and distribution of copies to each employee;
- the medical and social risks of drug use;
- the administrative and criminal sanctions for drug use and violations of Republic Act No. 9165; and
- availability of the Employee Assistance Program.
The Drug-Free Workplace Policy must provide responsibilities of the agency to:
- maintain a drug-free workplace;
- conduct substance abuse awareness and prevention programs;
- conduct mandatory and random drug testing; and
- ensure adequate funding for implementation.
The Head of Agency must ensure creation of a Drug-Free Workplace Committee composed of members of management, rank-and-file employees, and the employees’ union to assist in drafting and implementing the Drug-Free Workplace Policy.
The Committee must create an Assessment Team (ATeA) composed of personnel with education and training backgrounds in medicine, psychology, social work, and human resources administration; agency or local government unit must ensure team members undergo regular training.
The Head of Agency must ensure creation of a sustainable Employee Assistance Program providing resources and/or referrals to medical interventions for public officers requiring assistance as mandated under the regulation; the Assessment Team must be actively involved in implementation.

Drug testing rules and processes

Mandatory drug testing remains a requirement for initial entry to government service.
Any applicant found positive for drug use in mandatory testing must be denied entry to government service.
The agency’s Drug-Free Workplace Policy must include authorized drug testing to prevent entry of dangerous drugs in government offices and prevent use among personnel.
Authorized drug testing frequency must be conducted in a random manner, and must take into account factors including number of public officers, nature of work, funding, and other logistics.
Contract of Service / Job Order employees must be subjected to authorized drug testing, reflected in the drug-free workplace policy.
All results of authorized drug testing activities must be strictly confidential; access is limited to the Head of Agency or the Local Chief Executive (as applicable) and the Assessment Team members.
Authorized drug testing must be conducted only by a DOH-accredited drug testing laboratory.
If the drug test result is negative, no further action is required.
If the confirmatory test is positive, the Head of Agency must be immediately informed and must notify the public officer concerned.
The public officer has fifteen (15) days from receipt of notice to challenge the confirmatory test result.
A challenge test must be conducted using the same specimen, by a DOH-accredited drug testing laboratory.
Expenses for the challenge test are borne by the concerned public officer.
A positive result from the challenge test is deemed final and the public officer must be subjected to administrative proceedings.
Failure to file a challenge within the prescribed period makes the positive confirmatory test result final, and the agency must take the appropriate action.
All drug test results and records must be strictly confidential and must be attached to the 201 File of all officials and employees.

Employee Assistance Program interventions

Assistance includes referrals and additional services to the concerned public officer.
A drug dependency examination must be conducted to determine the level of Substance Use Disorder and the applicable intervention.
Assistance must not apply to public officers found positive for drug use after a confirmatory test in an authorized drug testing activity.

Administrative sanctions and filing of cases

The Head of Agency or Local Chief Executive who fails to formulate or implement a Drug-Free Workplace Policy within two (2) months after effectivity of the regulation is penalized under Section 32, Article II of the Act (Republic Act No. 9165).
The Philippine Drug Enforcement Agency (PDEA) must cause the filing of cases and coordinate with the concerned government agency or local government unit for proper and effective prosecution.
An appointive public officer who refuses, without a valid reason, to submit to authorized drug testing, or who tests positive after confirmatory test, must be charged with the administrative offense of Grave Misconduct.
An elective public officer who refuses, without a valid reason, to submit to authorized drug testing, or who tests positive after confirmatory test must be subject to disciplinary action for misconduct in office pursuant to Section 60 of the Local Government Code and Article 124 (3) of the Implementing Rules and Regulations of the Local Government Code.
A public officer who tampers with drug test results, interferes with the conduct of the drug test, interferes with the release of drug test results, or violates confidentiality of records must be charged with Grave Misconduct, without prejudice to filing a case for violation of Section 32, Article II of Republic Act No. 9165.
A public officer who violates provisions of Article II of Republic Act No. 9165 must be charged with Grave Misconduct or face disciplinary sanction under Section 60 of the Local Government Code (as applicable), without prejudice to criminal charges under the Act and other relevant laws.
PDEA must cause the filing of cases for national government agencies.
The Department of the Interior and Local Government (DILG) must cause the filing of cases for local government units.

Reporting, accreditation, dissemination, and ordinances

Government agencies must submit drug-free workplace programs and reports to the Dangerous Drugs Board (DDB), including:
- number of officials and employees subject to drug testing;
- those found positive for drug use; and
- action undertaken by the Committee on those found positive.
Local government units must submit such reports to the DDB and the DILG.
The DOH must conduct trainings leading to accreditation of government physicians authorized to conduct drug dependency examinations.
The DILG and PDEA must cause wide dissemination of the regulation among local government units—from the provincial level down to the barangay level—and their respective anti-drug abuse councils.
Local Sanggunians must enact ordinances mandating establishment of drug-free workplace policies within two (2) months from effectivity of the regulation.
The Sangguniang Panlalawigan must enact a Provincial Ordinance mandating establishment of drug-free workplace policies in cities and municipalities under its jurisdiction.
The Sangguniang Panlungsod and Sangguniang Bayan must enact ordinances mandating establishment of drug-free workplace policies in barangays.
Failure to enact such ordinances is cause for sanctions against responsible officials pursuant to Section 60 of the Local Government Code, without prejudice to filing a case for violation of Section 32, Article II of Republic Act No. 9165.

Confidentiality of records and data

Any person with official custody or access to data and information relative to the conduct of authorized drug testing, or who gains possession of such data and information, must not reveal its content to any person not authorized to access it.
Persons who reveal unauthorized contents are prosecuted for violation of Section 32, Article II of Republic Act No. 9165.

Funding requirements

Government agencies and local government units must ensure annual funding for implementation of the regulation in their budgets pursuant to the Philippine Anti-Illegal Drugs Strategy.
Funds may also be sourced from allocated budget for employee health and wellness.

Repeals, separability, and structure

All memoranda, orders, instructions, and circulars inconsistent with the regulation are deemed repealed and/or modified.
If any part or provision of the regulation is held invalid or unconstitutional, other provisions not affected remain in force and effect.