Law Summary
Formulation of Policies and Programs
- Policies and programs must be jointly prepared by management and labor representatives.
- Should integrate with occupational safety and health programs.
- Included in Collective Bargaining Agreements for organized establishments.
- Assistance available from Tripartite Task Force and DOLE Regional Offices.
Components of Drug-Free Workplace Policies and Programs
Advocacy, Education, and Training
- Employers responsible for raising awareness and educating employees about drug abuse effects.
- Orientation topics include RA 9165 features, company policies, adverse effects, prevention, and available services.
- Display of drug-free workplace signage is mandatory.
- Use of Task Force-developed curricula for training.
- Training for safety, health personnel, HR managers, and representatives to form Assessment Teams.
- Advocacy extended to employees' families and communities encouraged.
Drug Testing Program
- Random drug testing required for officials and employees, with confidentiality strictly maintained.
- Compliance with DOH guidelines and use of DOH-accredited testing centers mandatory.
- Testing includes initial screening followed by confirmatory testing if positive.
- Employees must be informed of test results.
- Assessments follow positive confirmatory tests to determine necessary interventions.
- Tests valid for one year; additional testing allowed for cause.
- Employers bear all drug testing costs.
Treatment, Rehabilitation, and Referral
- Programs must include provisions for treatment, rehabilitation, referral, and employee counseling.
- Assessment Teams decide on referrals to DOH-accredited centers.
- Referral option available to first-time positives or those seeking assistance.
- Post-rehabilitation evaluations determine employee fitness to return to work.
- Repeated drug use results in penalties per relevant laws.
Monitoring and Evaluation
- Employers to perform periodic monitoring and evaluation of policy implementation.
- Health and Safety or similar committees may be assigned this task.
Roles, Rights, and Responsibilities of Employers and Employees
- Employers must disseminate policies and obtain written employee acknowledgment.
- Confidentiality of drug test information upheld, with exceptions only by law or with consent.
- Labor organizations to actively participate in education and training efforts.
- Due process rights guaranteed for all employees.
Enforcement
- DOLE Labor Inspectorate responsible for monitoring compliance and conducting advisory visits.
- Local Government Units may be delegated monitoring functions via agreements.
Consequences of Violations
- Violators subject to provisions under RA 9165.
- Administrative actions per Article 282 of the Labor Code and RA 9165 for employees testing positive.
Effectivity
- Compliance required within six months from publication.
Tripartite Task Force
- Created under DOLE Department Order No. 37-03 to formulate policies and monitor implementation.
- Comprises government, labor, and employer representatives.
- Incorporates multiple government agencies, unions, and NGOs.
- Overseen by DOLE’s Undersecretary for Worker’s Protection and Welfare.
Key Definitions
- Administer: introducing drugs into the body.
- Assessment Team: multidisciplinary committee managing prevention and rehabilitation.
- Confirmatory Test: specific analytical test confirming screening results.
- Dangerous Drugs: as enumerated under international conventions and PH law.
- Employee and Employer: inclusive definitions covering various work arrangements.
- Random Drug Test: unannounced testing providing equal selection chance.
- Treatment and Rehabilitation: holistic approach aimed at recovery and reintegration.
- Workplace: all sites where employees perform work or company functions.
The guidelines provide a comprehensive, legally compliant framework for private sector establishments to maintain drug-free workplaces through policy formulation, employee education, testing, treatment, enforcement, and collaboration among stakeholders.