PDEA Drug-Free Workplace Policy Guidelines

Legal bases and linked issuances

Republic Act No. 9165 provides the legal basis, particularly Section 36(e) (Officers and Members of the Military, Police and Other Law Enforcement Agencies) and Article III.
Republic Act No. 9165 also supports the Promotion of a National Drug Free Workplace Program with participation of private and labor sectors and the Department of Labor and Employment (DOLE).
The circular anchors its workplace drug-free framework to Dangerous Drugs Board (DDB) Regulation No. 2, Series of 2004 on formulation of drug-free workplace programs and authorized drug testing.
The circular links to Civil Service Commission (CSC) Resolution No. 101359 dated 06 July 2010, referenced to CSC Memorandum Circular No. 13, Series of 2010, on guidelines for drug-free workplace in the bureaucracy.
The circular also ties to DOH Administrative Order 2009-0023 dated 23 November 2009 on institutionalization of drug-free workplace program in the Department of Health and other government agencies.
Mandatory drug testing disciplinary actions for PDEA personnel are linked to PDEA Memorandum Circular No. 2009-003 dated 01 April 2009.

Policy purpose and anti-drug commitment

The PDEA must institutionalize a “Drug-Free Workplace” policy as a moral obligation in implementing the anti-drug campaign.
The workplace policy must strengthen the PDEA’s integrity in fostering a national drug-free program.
The PDEA condemns the use of dangerous drugs and any illegal drug transaction, including acts involving possession, distribution, selling, and other illegal activities.
The policy must ensure there are no incidences of drug abuse recorded and no personnel involved in drug-related offenses.
The workplace policy is implemented through comprehensive implementing guidelines to reinforce safety and well-being of PDEA officials and employees.

Coverage: who must comply

The guidelines apply to all officials and employees of the PDEA regardless of rank status or position/salary.
The guidelines also cover individuals applying for a position in accordance with the applicable Civil Service Commission (CSC) Rules and Regulations.

Defined terms and drug-testing concepts

“Administer” means introducing dangerous drugs into the body by any means (with or without knowledge) or providing indispensible assistance to a person administering dangerous drugs to himself/herself, unless administered by a duly licensed practitioner for medication purposes.
“Authorized Specimen Collector (ASC)” refers to PDEA Laboratory Service (LS) or Regional Office Laboratory (ROL) personnel authorized to collect urine specimens.
“Authorized Drug Test” refers to urine testing to determine the presence of dangerous drugs by a government forensic laboratory using two (2) testing methods: screening and confirmatory tests.
“Challenge Test” is a replicate test on the same urine sample confirmed positive, done within fifteen (15) days from receipt of confirmatory test result by the donor, and conducted only once.
“Certification” is a document attesting the donor has not tested positive for any dangerous drugs for the past six (6) months.
“Committee” refers to the PDEA Assessment Committee on the Implementation of Guidelines for a Drug Free Workplace Policy.
“Confirmatory Drug Test” is a specific analytical test validating and confirming a screening result using a different chemical or physical principle, conducted by a government forensic laboratory or a DOH-accredited and monitored drug testing laboratory equipped for confirmatory testing.
“Custody and Control Form (CCF)” records specimen handlers and the chain of custody, including donor identities and signatures and collection dates, and includes donor acknowledgment that the urine sample was sealed in his/her presence and not adulterated, and that information is true and correct.
“Dangerous Drugs” include those in schedules annexed to the 1991 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and schedules annexed to the 1971 Single Convention on Psychotropic Substances, as enumerated in the annex integral to Republic Act No. 9165.
“Dangerous Drug Use” is the use of addictive substances including illegal drugs, prescription drugs, and over-the-counter drugs.
“Donor” is the person who gives a urine sample for mandatory drug testing.
“Drug Test Certificate” is the lab declaration/statement of drug test results issued by a government forensic laboratory.
“Drug Testing Consent Form (DTCF)” records the purpose of the drug test and the donor’s consent to give the urine sample.
“Drug Testing Laboratory” is a government forensic laboratory that performs screening or confirmatory tests on illicit drugs.
“Drug Offender” is any employee found positive for using dangerous drugs or who commits any violation of Republic Act No. 9165.
“GCMS” refers to Gas Chromatograph-Mass Spectrometer.
“For Cause” and “Probable Cause” are referenced concepts for triggering Drug Test requirements based on probable cause or reasonable ground to believe a person is using or under the influence of dangerous drugs.
“Drug Test” means testing required when there is probable cause or reasonable ground to believe a person is using or under the influence of dangerous drugs.
“Mandatory Drug Test” is compulsory submission for drug testing required by Republic Act No. 9165 and by PDEA internal rules and regulations.
“Receiving Logbook (RL)” records the date and time of the request and the requester’s identity.
“Screening Drug Test” is a rapid immunoassay test to eliminate a “negative” specimen from further consideration and identify presumptively positive specimens requiring confirmatory test.
“Sell” means giving dangerous drugs and/or controlled precursors and essential chemicals for money or any consideration.
“Unlawful Acts” refers to unlawful acts penalized under Article II of Republic Act No. 9165.
“Use” means introducing substances into the body by injection and/or consumption by chewing, smoking, sniffing, eating, swallowing, or drinking.

Assessment Committee: creation and duties

An Assessment Committee is created to oversee implementation of the drug-free workplace guidelines.
The Committee’s membership includes:
- Deputy Director General for Administration as Chairperson.
- Deputy Director General for Operations as Co-Chairperson.
- Director, Administrative and Human Resource Service (AHRS) as Member.
- Director, Intelligence and Investigation Service (IIS) as Member.
- Director, Plans and Operations Service (POS) as Member.
- Director, Legal and Prosecution Service (LPS) as Member.
- Director, Internal Affairs Service (IAS) as Member.
- Director, Laboratory Service (LS) as Member.
- Director, Preventive Education and Community Involvement Service (PECIS) as Member.
- Plans and Operations Service Representatives as Secretariat.
The Committee must oversee formulation and implementation of the PDEA anti-drug policy.
The Committee must initiate continuing education and awareness programs for PDEA employees.
The Committee must initiate and adopt values formation, family enhancement, and other related and relevant programs.
The Committee must monitor and evaluate implementation of the Drug-Free Workplace Program for the Agency.

General workplace and mandatory drug-testing rules

National and Regional Offices must display billboards in strategic and conspicuous places stating: “This is a Drug Free Workplace. Let Us Keep it That Way”.
Billboards must be displayed as soon as an official declaration of a drug-free workplace is issued by the PDEA Laboratory Service (LS) and approved by the PDEA Director General (DG).
A drug test is mandatory for pre-employment for PDEA personnel and for promotion of personnel; it is administered by PDEA Laboratory Service (LS).
All PDEA personnel must undergo a surprise mandatory drug test once a year or more, subject to management discretion.
The drug test may be announced or unannounced at any time and is conducted by the PDEA Laboratory Service (LS) or Regional Office Laboratory (ROL).
Regional Directors (RDs) must personally supervise drug testing in their respective regional offices.
Urine specimens must be collected for mandatory drug tests under the detailed procedures implementing authorized drug testing under DDB Regulation No. 2, Series of 2004.
Mandatory drug tests must use two (2) testing methods: screening and confirmatory tests, where screening determines positive result and drug type and confirmatory tests validate the positive screening result.
After a positive result after confirmatory testing, the result must immediately be made known to the Chairperson of the Assessment Committee, the PDEA Director General, or any person designated by the Agency who requested the test.
After receipt of mandatory drug test results, the personnel who tested positive after confirmatory test must be informed and may challenge within fifteen (15) days from receipt.
Results of challenged tests must not be subject to cut-off concentration levels established from the same tested confirmatory specimen.
The final drug test result is based on the challenge test results.
Confirmed positive results of applicants for entry/employment serve as a ground for disqualification.
Laboratory reports of positive results of screening and/or confirmatory tests are treated with confidentiality and are disclosed under PDEA internal rules and regulations.
A positive result after confirmatory test constitutes prima facie evidence that the person has used dangerous drugs, without prejudice to prosecution under Republic Act No. 9165, while a positive screening test must still be confirmed to be valid in court.
Any misrepresentation or attempt to commit misrepresentation in Consent and Chain of Custody Forms or in urine collection constitutes dishonesty.
Positive personnel after confirmatory testing constitutes prima facie evidence for Grave Misconduct; refusal to undergo mandatory drug test is also prima facie evidence of dangerous drug use and must be subjected to disciplinary action for Grave Misconduct.
Refusal includes leaving PDEA premises on the scheduled testing date without first undergoing the test or analogous refusal conduct.
Personnel who fail to submit for a scheduled mandatory drug test must explain in writing to the Assessment Committee through the PDEA Internal Affairs Service (IAS); the LS or ROL must schedule a separate mandatory drug test, and an unsatisfactory explanation is a ground for disciplinary action for dishonesty.
Any employee found violating Republic Act No. 9165 must be dealt with both criminally pursuant to Republic Act No. 9165 and administratively under CSC Rules and Regulations.
A Drug-Free Workplace module must be included in all PDEA career and special courses.
The Agency must create awareness and conduct activities to encourage employees to lead a healthy lifestyle at work and at home.
The Agency must maintain a system to continuously monitor and evaluate Drug-Free Workplace Program implementation and to develop timely and relevant policies through:
- Policy integration in the Agency’s overall plans and programs; and
- Coordination with concerned services/offices to ensure compliance.

Detailed mandatory drug-testing procedures

Specimen bottles must be screw-capped polyethylene bottles with capacity of 60 ml each.
Urine specimen volume must be at least 60 ml, split into two (2) separate screw-capped polyethylene bottles with at least 30 ml each.
The collection site must be a secure area with toilet facilities available, where only authorized personnel are allowed.
Proper specimen collection process descriptions must be posted at the collection site.
All water sources (faucet, shower, basin) must be secured; nozzles of faucets and showers must be sealed; basins and bath tubs must not contain water.
Toilet bowl water must be dyed and colored except for yellow, orange, and red dyes.
The Authorized Specimen Collector must have full view of the toilet bowl while the donor urinates to prevent tampering.
Male donors must face the wall instead of entering the cubicle when urinating.
The collection site must remain clean and devoid of detergents, cleaning agents, salt, and other chemicals used to tamper with urine samples.
Security personnel must be fielded in the testing area and must be the last to undergo the mandatory drug testing.
The LS or ROL must maintain complete, well-documented records of the entire specimen collection and handling procedure, identity of specimens, analysis results, and other records necessary to establish specimen collection integrity, including:
- Custody and Control Form (CCF),
- Drug Testing Consent Form (DTCF),
- Certification, and
- Receiving Logbook (RL).
Drug testing must be overseen or monitored in a designated place/room by LS or ROL personnel.
During screening test collection:
- The PDEA personnel must fill up and sign the Consent Form and Chain of Custody Form issued to them.
- The specimen bottle must be properly labeled with donor personnel name, ID number, signature, date of collection, and assigned code.
- The urine specimen must be collected in an area where manipulation (e.g., adding water) is not possible.
- Outer garments and pocket contents must be removed and placed in a secured area.
- A thorough body search must be conducted to ensure the subject carries no tampering materials.
- The donor must provide at least 60 ml, split into two equal bottles (at least 30 ml each) in the presence of an authorized representative from LS or ROL.
- The donor must be accompanied by the ASC to the collection site, with a female ASC for female donors and a male ASC for male donors.
- The ASC must observe collection with due diligence.
- The donor must seal the bottle with masking tape in the presence of an authorized LS/ROL representative, affix signature and printed name and the date on the seal, have the ASC sign the seal and the bottle body, and then hand over the specimen bottle to the analyst.
- The donor must sign adjacent his/her name with the corresponding code/case number in the drug test logbook.
- Specimens testing positive after screening must be labeled and kept separate from negative specimens; negative specimens must be immediately discarded.
- Positive specimens must be submitted for confirmatory testing using GCMS capability (including LS, or the nearest ROL with GCMS, or any government forensic laboratory with confirmatory capability) using the same urine sample.
- After confirmatory testing, the same urine sample must be kept for the challenge.
- A drug test result must be issued by LS/ROL directly to the Chairperson of the Assessment Committee, signed by authorized lab signatory, the concerned employees/officials, and a witness.
For medication purposes:
- A personnel taking dangerous drugs for medication must inform LS/ROL handling the test and declare the name/brand, purpose, duration taken including when taken within 24 hours prior to the test, number of drugs taken, prescribing physician’s name, and drugstore/distributor.
For medical treatment:
- The Agency must require submission of medical record or certificate within 24 hours after the drug test for verification or validation.
Notification timing:
- LS/ROL must inform the donor of screening and confirmatory drug test results within five (5) days from the date conducted.
Confirmatory test rules:
- A screening-positive urine sample must be subjected to confirmatory testing.
- Confirmatory testing must be done by LS, or nearest regional office with GCMS capability, or any government forensic laboratory equipped with GCMS or other modern accepted equipment.
- If confirmed positive, LS/ROL must notify in writing the donor, requesting party, Chairperson, Assessment Committee, and Director, Internal Affairs Service (IAS) within five (5) days from confirmatory test date.
- The donor may challenge confirmatory results within fifteen (15) days from receipt.
Challenge procedure and payment:
- If challenging, the donor must request in writing for re-examination of the same urine specimen by authorized government forensic laboratory with GCMS or other modern accepted methods/equipment.
- All expenses relative to the challenge are borne by the donor.
Challenge sample transport chain-of-custody:
- The Laboratory Analyst retrieves the donor’s urine specimen from the freezer.
- The specimen is placed in portable cold storage and sealed by the Analyst in the presence of the donor, who must sign on the seal.
- The Analyst must transport the specimen accompanied by the donor, witness, and escort.
- LS/ROL must ensure the challenge test result is submitted to the Chairperson, Assessment Committee to facilitate appropriate administrative and/or criminal actions.
- The challenge test result is the basis for final determination of drug test result.

Administrative case procedure after test results

After lapse of the 15-day challenge period or after receipt of the challenge test result, a Show Cause Order must be issued to personnel found positive or violating any provision of the circular.
The Show Cause Order must direct the personnel to explain in writing within three (3) days from receipt why no administrative case should be filed.
After the person’s explanation period, a preliminary investigation must be conducted to determine whether a prima facie case exists to warrant a Formal Charge.
A Formal Charge for Grave Misconduct must be signed by the DG, PDEA if a prima facie case exists; otherwise the case must be dismissed.
If a Formal Charge is issued, the respondent must submit an Answer under oath with documentary evidence and sworn witness statements (if any) within 72 hours from receipt.
A formal investigation with hearings must be conducted:
- Where the merits cannot be decided judiciously without investigation; or
- When the respondent elects to have one.
If formal investigation is not necessary or not requested, a Report of findings and supporting evidence, with recommendation, must be submitted to the Director General for approval.
Where formal investigation is conducted, a Formal Investigation Report must be prepared within fifteen (15) days after conclusion by the Hearing Officer and submitted to the Director General for approval.
Within thirty (30) days from receipt of the Formal Investigation Report, the disciplining authority must issue a Decision.

Monitoring, evaluation, and repeal effect

Drug-Free Workplace Program promotion and implementation must be monitored by the Assessment Committee through the Plans and Operations Service (POS) in accordance with a Matrix for implementation.
POS must ensure policy integration in PDEA overall plans and programs.
POS must ensure compliance by all concerned PDEA services or offices.
All issuances and/or orders inconsistent with the circular’s provisions are deemed repealed.

Related reference and flowchart

The circular requires reference to an attached Flowchart for further guidance on the conduct of mandatory drug testing.