DOLE reminds employers: Observe drug-free workplace

CEBU, Philippines - The Department of Labor and Employment has reminded the private companies to strictly adhere to the department order that requires a drug-free workplace.

The reminder was issued by labor secretary Silvestre Bello III in support to the anti-drug campaign of the government.

"This Department Order, which calls for random drug testing of employees, applies to all establishments in the private sector, including their contractors and concessionaires," Bello said in a statement.

As mandated by the Department Order No. 53-03, workplace policies and programs on drug abuse prevention and control adopted by companies must include advocacy, education and training, drug testing program for officers and employees, treatment, rehabilitation, referral and monitoring and evaluation.

Bello said random drug test must be conducted by the employers to their employees and officials with each employee having an equal chance of being selected for testing.

The DOLE's Bureau of Working Conditions reported that out of the 36,002 establishments assessed under the Labor Laws Compliance System, 29,607 or 82.24 percent of the establishments were found to have drug-free workplace policies in place.

Bello said the establishments that are yet to comply with the policy can request for assistance from the DOLE regional offices and its respective Labor Laws Compliance Officers in crafting the program guidelines as mandated.

DOLE also enjoins establishments with less than 10 workers to formulate and adopt drug-free policies and programs.

Under the DOLE Drug-Free Workplace Policy and Program, there are two circumstances wherein employers can subject their employees to mandatory drug test. These are the 'for cause testing' and the 'post-accident testing.'

'For cause testing' takes place when the company asks an officer/employee to submit to a drug test at any time it feels that the employee may be under the influence of drugs.

'Post-accident testing', on the other hand, is allowed in two situations: the 'near-miss' and the 'work-accident' circumstance.

"Near miss" refers to an incident arising from or in the course of work that could have led to injuries or fatalities of the workers and/or considerable damage to the employer had it not been curtailed.

'Work-accident' circumstance refers to unplanned or unexpected occurrence which may or may not result in personal injury, property damage, work stoppage or interference, or any combination thereof, which arises out of and in the course of employment.

Bello said that all drug tests shall employ the screening and confirmatory tests and when the confirmatory test turns positive, the company's assessment team shall evaluate the results and determine the level of care and administrative interventions that can be extended to the concerned employee.

Under the rules, being tested positive does not mean an outright dismissal from work of the employee or officer concerned.

The DOLE Drug-Free Workplace Policy and Program states that an officer/employee who, for the first time, is found positive of drug use, shall be referred for treatment and/or rehabilitation in a DOH accredited center.

Following rehabilitation, the company's assessment team may recommend to the employer the reinstatement of the employee provided that she or he does not pose serious danger to his/her co-employees and/or the workplace.

All costs for the treatment and rehabilitation of the drug dependent employee shall be personal. The period during which the employee is under treatment or rehabilitation shall be considered as authorized leaves.

However, repeated drug use, even after ample opportunity for treatment and rehabilitation, shall be dealt with the corresponding penalties under R.A. 9165 or Comprehensive Dangerous Drugs Act and is a ground for dismissal.

Violators of the department order may be punished criminally under Article II of RA 9165 and its Implementing Rules and Regulations, or administratively under Article 297 of the Labor Code. (FREEMAN)