Gov’t employees positive for drugs out on 1st offense

MANILA, Philippines -  All government officials and employees who test positive for use of illegal drugs would be dismissed from service on the first offense under the new regulation of the Dangerous Drugs Board (DDB), set to take effect next week.

DDB Regulation 2 Series of 2017, which takes effect on March 24, mandates the dismissal from the service for all public servants who are found positive for illegal drugs use in random drug tests undertaken by their respective agencies.

DDB chairman Benjamin Reyes said the issuance of the new regulation aligns with the sanctions of the Civil Service Commission (CSC) that considers illegal drug use as grave misconduct punishable by dismissal at first offense.

“Any government official/employee found positive for use of dangerous drugs shall be subjected to disciplinary/administrative proceedings with a penalty of dismissal from the service at first offense,” the new DDB regulation read.

Reyes clarified that those who tested positive for illegal drugs before the effectivity date of the new DDB regulation will be subjected to penalties under their own agency policy.

“It is not retroactive. So the regulation takes effect only after the issuance, especially if they have a policy prior to the issuance. If the government agency does not have any prior policy, then Civil Service rules shall apply,” he said in a text message.

The adoption of the CSC dismissal sanction was approved by the DDB during its regular meeting last Jan. 26 and was adopted on Feb. 14.

The regulation will take effect 15 days after its March 8 publication and registration with the Office of National Administrative Register.

It amends the current penalties under Section 2 of DDB Regulation 2, Series of 2004 or the Guidelines for the Formulation and Implementation of a Drug-Free Workplace Program and the Conduct of Authorized Drug Testing by all Offices, Bureaus and Agencies of the National and Local Governments, GOCCs and other Institutes of Learning including State Colleges and Universities.

Under the old regulation, government officials and employees may still undergo treatment programs like counseling and rehabilitation and will only be suspended or dismissed if they test positive for the second time.

Random drug testing for officers and employees of public and private offices is already mandated under Section 36 of RA 9165 or the Comprehensive Dangerous Drugs Act of 2002, which also calls for the promotion of a National Drug-Free Workplace Program.