Legal Mandate for Implementation
- Dangerous Drugs Board Regulation No. 2 (2004) requires agencies to create Drug-Free Workplace Committees and policies.
- RA 9165 (Comprehensive Dangerous Drugs Act of 2002) and its IRR provide legal basis.
- RA 6713 (Code of Conduct and Ethical Standards) mandates ethical behavior of public officials.
- Civil Service Law and Rules (Executive Order 292) also support the program.
- The DOH aims to fulfill its legal duty to safeguard employee health, safety, and welfare.
Objective of the Administrative Order
- To institute the Drug-Free Workplace Program (DFWP) within DOH and its attached agencies.
- To provide comprehensive guidelines for effective implementation.
Scope and Coverage
- Applies to all employees regardless of rank, status, or salary.
- Covers the DOH Central Office, attached agencies, Centers for Health Development, retained hospitals, and treatment & rehabilitation centers.
Key Definitions
- Agency Head: Secretary of Health and other top officials.
- Committee: The Drug-Free Workplace Program Committee.
- Confirmatory Test: A specific, more accurate test validating screening results.
- Counseling: Professional meetings to address personal or psychological drug-related issues.
- Dangerous Drugs: Substances listed under international conventions and RA 9165.
- Drug Offender: Employee confirmed positive after a confirmatory test.
- Drug Dependence: A condition characterized by compulsive drug use and control difficulties, based on WHO definition.
- Drug Testing Laboratory: DOH-accredited laboratory performing drug tests.
- Random/Mandatory/For Cause Drug Testing: Different drug testing types defined by circumstances.
- Rehabilitation: A comprehensive treatment process enabling drug-dependent employees to reintegrate productively.
- Other terms include use, sell, workplace, and work accident for clarity in implementation.
General Guidelines for Program Implementation
- The DFWP must be communicated to all employees.
- The program aims at safety and employee wellness, not harassment.
- Drug addiction treated as a disease with emphasis on prevention and treatment.
- Components include advocacy, education, drug testing, treatment, rehabilitation, and monitoring.
- Maintain strict confidentiality throughout program processes.
Establishment of Drug-Free Workplace Committee (DFWC)
- DFWC formed in all DOH offices and related agencies.
- Functions include policy formulation, implementation oversight, advocacy, dissemination, monitoring, conducting random drug tests, evaluation, reporting, and sub-committee creation.
- Composition includes Chairperson, Vice-Chairperson, Personnel Officer, Union Officer, Program Coordinator, and invited experts.
Health Promotion and Advocacy
- Coordinators implement educational activities about drug effects, policies, prevention, and assistance.
- Use various communication channels and public displays in workplaces.
- Extend advocacy to families, communities, and partner agencies.
- Continuously sustain commitment through ongoing education.
- New employees are oriented on the program.
Supervisor Training
- Supervisors trained to handle employees with drug-related performance issues.
- Training designed by Mental Health Program and Dangerous Drugs specialists.
- Training focuses on knowledge, attitudes, and skills for early detection and intervention.
- Trained supervisors inform and support employees and recommend necessary actions including drug testing.
Reasons and Procedures for Drug Testing
- Random testing applies to all employees annually without notice.
- For cause testing triggered by reasonable suspicion or specific incidents.
- Testing follows DOH standards and conducted only in accredited laboratories.
- Positive test results lead to evaluation, notification, and appropriate administrative or medical action.
- Employees given 15 days to contest positive confirmatory test through re-examination.
- Confidentiality is strictly maintained.
Contesting Drug Test Results
- Must request re-examination of original urine sample at a different accredited lab.
- Process overseen by the Committee who waits for results before further action.
- Confirmed positive cases result in referral for medical evaluation and treatment recommendations.
- Rehabilitation expenses covered with some exceptions for contractual employees.
Drug Treatment, Rehabilitation, and Aftercare
- Employee obtains pass slips for outpatient treatment monitored for attendance and sick leave deductions.
- Completion of rehabilitation requires clearance before return to work.
- Confidentiality maintained throughout treatment.
- Outpatient and residential programs provided, with official documentation and certificates.
- Aftercare services last up to 18 months as recommended by medical consultant.
Overall Enforcement
- The Committee monitors compliance.
- Program Managers ensure policy dissemination and alignment.
- Agency heads responsible for public awareness through education officers.
Consequences of Policy Violations
- Refusal to submit to drug testing or to comply with medical intervention results in administrative consequences per RA 9165 and related regulations.
Penalties and Sanctions
- First offense: Advisement and requirement for drug dependency evaluation and treatment.
- Second offense: Recommendation of administrative disciplinary action including charges of grave misconduct.
Reporting Requirements
- Agencies submit yearly compliance reports to DOH-Office for Special Concerns including testing data and results.
- DOH-OSC consolidates and submits annual reports to DOH Executive Committee and the DDB.
Repealing Clause
- Inconsistencies with this Order in previous issuances are repealed or modified.
Separability Clause
- If any provision is declared invalid, remaining provisions continue to be effective.
Effectivity Clause
- The Order takes effect immediately upon adoption.