Drug-Free Workplace Implementation Guidelines

Coverage and who must comply

The guidelines apply to all establishments in the private sector, including their contractors and concessionaires.
Private establishments employing ten (10) or more workers must formulate and implement drug abuse prevention and control programs in the workplace.
Private establishments with less than ten (10) workers are encouraged to formulate and adopt drug-free policies and programs in the workplace.
The workplace policies and programs are mandatory as to formulation and implementation only for establishments employing ten (10) or more workers.

Mandatory formulation of policies/programs

Workplace policies and programs must be formulated and implemented by covered private establishments.
Workplace policies and programs must be prepared jointly by management and labor representatives.
Workplace policies and programs must be made an integral part of the company’s occupational safety and health and related workplace programs.
In organized establishments, the workplace policies and programs must be included as part of the Collective Bargaining Agreements.
Assistance in formulation and implementation may be sought from the Tripartite Task Force through the Occupational Safety and Health Center (OSHC).

Required program components

Company drug abuse prevention and control policies and programs must include Advocacy, Education and Training, Drug Testing, Treatment/Rehabilitation/Referral, and Monitoring and Evaluation.
Employers and workplace parties must align the program with training and operational steps that support prevention, clinical assessment, counseling, treatment, rehabilitation, and referral.

Advocacy, education, and training rules

Employers must increase awareness and education of officers and employees on the adverse effects of dangerous drugs and on monitoring of employees susceptible to drug abuse.
Orientation-education program topics include: Salient Features of RA 9165 and its IRR; company drug-free workplace policies and programs; adverse effects of abuse/misuse on the person, workplace, family, and community; preventive measures; and steps when intervention is needed and available services for treatment and rehabilitation.
Employers must display a billboard or streamer in conspicuous workplace places using standard message “THIS IS A DRUG-FREE WORKPLACE; LET'S KEEP IT THIS WAY!” or similar messages.
Employers must use curricula developed by the Task Force as widely as possible for awareness raising and training.
Employers must provide training on prevention, clinical assessment, and counseling to occupational safety and health personnel, human resource managers, and employers and workers’ representatives.
Trained personnel must form an Assessment Team to address all aspects of drug abuse prevention, treatment, and rehabilitation.
Where capacity is lacking, DOLE must provide relevant information on experts and services in localities to the extent possible.
Employers are encouraged, under Corporate Social Responsibility Programs, to extend drug abuse prevention advocacy and training to workers’ families and communities.

Drug testing program requirements

Employers must require officials and employees to undergo a random drug test as defined in the program definition rules.
Screening and screening results must be treated with strict confidentiality.
For teaching and non-teaching staff in private schools, drug testing must follow guidelines provided by DepEd, CHED and TESDA.
Drug testing must conform with procedures prescribed by the Department of Health (DOH), and only DOH-accredited drug testing centers must be used.
Drug testing must consist of both a screening test and a confirmatory test, with the confirmatory test conducted when the screening test turns positive.
Employees must be informed of test results whether positive or negative.
When the confirmatory test turns positive, the employer’s Assessment Team must evaluate the results and determine the level of care and administrative interventions for the concerned employee.
A drug test is valid for one year.
Additional drug testing may be required for just cause after workplace-related accidents including near miss, after treatment and rehabilitation to establish fitness for returning to work/resumption of job, or in the light of clinical findings and/or upon recommendation of the assessment team.
All costs of drug testing must be borne by the employer.

Treatment, rehabilitation, and referral framework

Drug prevention and control programs must include treatment, rehabilitation and referral procedures provided by company staff or an external provider.
Programs must include a provision for employee assistance and counseling for emotionally-stressed employees.
The Assessment Team must determine whether an officer or employee found positive for drugs needs referral for treatment and/or rehabilitation in a DOH-accredited center.
Referral option is provided only to officers and employees diagnosed with drug dependence for the first time, or who turn to the Assessment Team for assistance, or who would benefit from treatment and rehabilitation.
After rehabilitation, the Assessment Team must evaluate the drug-dependent employee’s status in consultation with the head of the rehabilitation center, and recommend resumption of the employee’s job if the employee poses no serious danger to co-employees and/or the workplace.
Repeated drug use even after ample opportunity for treatment and rehabilitation must be handled under the corresponding penalties under RA 9165 and its IRR.

Monitoring, evaluation, and committees

Employers must monitor and evaluate periodically the implementation of drug-free workplace policies and programs to ensure the goal of a drug-free workplace is met.
The Health and Safety committee or a similar committee may be tasked for this purpose.

Employer and employee roles and rights

Employers must ensure workplace policies and programs on prevention and control of dangerous drugs, including drug testing, are disseminated to all officers and employees.
Employers must obtain a written acknowledgement from employees that the policy has been read and understood.
Employers must maintain the confidentiality of information related to drug tests or identification of drug users.
Confidentiality exceptions apply only where required by law, in cases of overriding public health and safety concerns, or where exceptions are authorized in writing by the person concerned.
Labor unions, federations, workers organizations, and associations are enjoined to take an active role in educating and training members on drug abuse prevention and control.
These labor organizations must cooperate with private sector partners to develop and implement continuing joint programs and information campaigns, including capability-building programs, peer counseling, and values education to promote positive lifestyles and a drug-free workplace.
All officers and employees must enjoy the right to due process, and referral procedures are rendered ineffective in the absence of due process.

Enforcement and compliance monitoring

The Labor Inspectorate of DOLE Regional Offices must monitor compliance by establishments with the provisions of Article V of RA 9165 and its IRR, and with this Department Order.
Information dissemination on pertinent provisions of RA 9165 and its IRR must be included in advisory visits of the Labor Inspectorate.
DOLE may delegate monitoring of compliance to Local Government Units through a Memorandum of Agreement when deemed necessary and appropriate.

Consequences for violations and penalties

Any officer or employee who uses, possesses, distributes, sells or attempts to sell, tolerates, or transfers dangerous drugs, or otherwise commits other unlawful acts defined under Article II of RA 9165 and its IRR, must be subject to the pertinent provisions of RA 9165 and its IRR.
Any officer or employee found positive for use of dangerous drugs must be dealt with administratively under Article 282 of Book VI of the Labor Code and under RA 9165.

Effectivity and compliance deadline

All concerned must comply with all provisions of DOLE Department Order No. 53-03, s. 2003 within six months from its publication in a newspaper of general circulation.
The Order is adopted and signed by Patricia A. Sto. Tomas, and is under the Secretary of Labor and Employment role.

Tripartite Task Force under DOLE AO 37-03

DOLE Department Order No. 37-03, s. 2002 establishes a tripartite approach for workplace-based programs for prevention and control of alcohol and drug abuse in the labor force.
The Task Force is created to formulate policies and strategies for developing a National Action Agenda on drug abuse prevention in the workplace.
The DOLE Secretary requires private companies to adopt and implement a drug abuse prevention program in the workplace with a threshold of ten (10) or more employees.
The Task Force must meet regularly to monitor implementation of relevant articles in RA 9165, consistent with guidelines defined in IRR Section 48.
The Task Force must formulate tripartite responses, provide strategies and directions, and network for implementation of a National Drug Abuse Prevention Program in the workplace.
DOLE Department Order No. 37-03 amends DOLE Administrative Order No. 89, s. 1998, to add government and private offices listed in the Order’s Annex, expanding inter-agency membership and private sector representation.
The Task Force is chaired by the Undersecretary for Worker's Protection and Welfare, the Vice-Chair is the Assistant Secretary for Internal Affairs, and the OSHC serves as head of the Technical Working Group (TWG).
This DOLE Department Order takes effect immediately and requires strict compliance.

Definitions used for drug-free workplace

“Administer” means introducing any dangerous drug into the body of any person with or without knowledge by injection, inhalation, ingestion, or other means, or committing indispensable assistance in administering a dangerous drug to oneself unless administered by a duly licensed practitioner for medication.
“Assessment Team” consists of the safety and health committee, including occupational safety and health personnel, human resources managers, employers, and workers’ representatives trained to address all aspects of prevention, treatment, and rehabilitation.
“Confirmatory Test” is an analytical test using a device, tool, or equipment with a different chemical or physical principle that validates and confirms a screening test result.
“Dangerous Drugs” include those listed in schedules annexed to the 1961 Single Convention on Narcotic Drugs as amended by the 1972 Protocol, and schedules annexed to the 1971 Single Convention on Psychotropic Substances enumerated in an annex forming an integral part of the Act.
“Employee” includes any person hired, permitted, or suffered to work by an employer, including permanent, regular, temporary, casual, part-time, and contractual workers.
“Employer” includes any person or entity acting in the interest of the employer in relation to an employee and includes non-profit private institutions or organizations.
“Near Miss” is an incident arising from or in the course of work that could have led to injuries or fatalities and/or considerable damage had it not been curtailed.
“Random Drug Test” is an unannounced schedule of testing where each employee has an equal chance of selection, and the policy on conduct must be known to both employers and employees.
“Screening Test” is a rapid immunoassay test to establish potential/presumptive positive results to eliminate a negative specimen from further consideration and identify the presumptive positive specimen requiring confirmatory test.
“Sell/Sale” includes giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or other consideration.
“Treatment, Rehabilitation and Counseling” is a dynamic process including after-care and follow-up directed toward physical, emotional/psychological, vocational, social, and spiritual change/enhancement of a drug dependent to enable living without dangerous drugs and becoming a law-abiding and productive community member.
“Use” means injecting (intravenously or intramuscularly) or consuming by chewing, smoking, sniffing, eating, swallowing, drinking, or otherwise introducing dangerous drugs into the physiological system.
“Work Accident” means an unplanned or unexpected occurrence arising out of and in the course of employment that may or may not result in injury, property damage, work stoppage, interference, or any combination.
“Workplace” means the office, premises, or worksite where workers are habitually employed, including regular reporting places for workers without fixed or definite worksite, and venues used by the employer for company functions.