Background of the Policy
- The Philippine Drug Enforcement Agency (PDEA) is mandated to lead in the anti-drug campaign by institutionalizing a drug-free workplace.
- Guidelines require the creation of a Drug Abuse Policy and a Drug-Free Workplace Committee to implement these policies.
Rationale for Institutionalizing a Drug-Free Workplace in PDEA
- PDEA must set an example in implementing RA 9165 by ensuring a safe work environment.
- Strong condemnation of illegal drug use and related offenses among personnel.
- The policy aims to prevent any incidence of drug abuse in the agency.
Legal Bases for the Guidelines
- Section 36(e), Article III of RA 9165 mandates officers and members of law enforcement agencies to be drug-free.
- Article V, RA 9165 promotes national drug-free workplace programs involving various sectors.
- DDB Board Regulation No. 2 (2004) requires agencies to adopt drug abuse policies.
- CSC Resolution No. 101359 (2010) reiterates drug-free workplace guidelines in government agencies.
Objective
- To institutionalize a Drug-Free Workplace Program within the PDEA for all personnel.
Scope and Coverage
- Applies to all PDEA officials and employees regardless of rank or position.
- Also covers prospective applicants according to CSC rules.
Key Definitions
- "Administer," "Dangerous Drugs," "Donor," "Drug Test Certificate," "Mandatory Drug Test," among others.
- Includes definitions of the different types of drug tests: screening, confirmatory, challenge test.
- Clarifies unlawful acts like sale, use, and possession of dangerous drugs.
Creation and Composition of the Assessment Committee
- Chaired by the Deputy Director General for Administration with membership from key PDEA services.
- Responsibilities include overseeing policy implementation, education, values formation, and monitoring the Drug-Free Workplace Program.
General Guidelines
- Installation of signages declaring a drug-free workplace.
- Mandatory drug testing for pre-employment and promotion.
- Annual surprise drug testing of all personnel.
- Strict adherence to DDB regulations in testing procedures.
- Confidential handling of laboratory reports.
- Positive drug tests constitute prima facie evidence of drug use and grave misconduct.
- Refusal to undergo mandatory tests treated as positive results.
- Inclusion of drug-free workplace modules in PDEA training.
- Promotion of healthy lifestyle and continuous policy evaluation.
Procedures for Mandatory Drug Testing
- Detailed requirements for specimen collection: sample volume, bottles, secure collection site criteria.
- Proper documentation via Consent Forms, Custody and Control Forms, and Receiving Logbooks.
- Screening testing to identify presumptive positives followed by confirmatory testing.
- Procedures for informing donors and handling medical declarations for legal drug use.
- Timely notification of test results to involved parties.
Confirmation and Challenge Process
- Confirmatory tests must be conducted by authorized laboratories with advanced analytical equipment (GCMS).
- Donor has 15 days to request a re-examination by an authorized laboratory at own expense.
- Chain of custody and handling procedures to ensure specimen integrity during challenges.
- Final determination based on challenge test results.
Administrative Case Filing Procedures
- After the challenge period or upon receipt of challenge test results, a Show Cause Order is issued.
- Preliminary investigation to assess prima facie case for Grave Misconduct.
- Formal Charge issuance and opportunity for respondent's answer.
- Conduct of formal investigation or issuance of a decision based on evidence.
- Disciplining authority's decision to be issued within 30 days of investigation report.
Monitoring and Evaluation
- Assessment Committee through Plans and Operations Service monitors policy promotion and implementation.
- Integration of policy in PDEA’s plans and programs, ensuring compliance by all services.
Repealing Clause
- Previous inconsistent issuances/orders are repealed.
Effectivity
- The memorandum circular takes effect 15 days after publication in the Office of National Administrative Register.